Conditions of Provision of Products, Services and use of Website
The use of this Website and the Purchase of Products and Services from Mytechguy are subject to the following terms and conditions. Your use of the Website will mean that you accept the following Terms and agreeing to purchase or receive Products or Services from Mytechguy, you accept the following Conditions, without limitation or qualification.
1.0 Definitions
In these terms and conditions:
The singular or plural in the context of any definition will have the same meaning.
"3rd Party Website" means any Website links to external web pages or websites whose content is not the intellectual property of, designed, managed or edited by Mytechguy.
"Agreement" means the legal and contractual relationship of the Parties
"Conditions" means these Conditions of Provision of Products and Services and use of Website;
"Customer" means a person, firm or corporation, jointly and severally if there is more than one, that requests Products or Services from Mytechguy;
"Mytechguy" means Vincere Group Pty Limited (ABN: 94128371844) trading as mytechguy;
"Party" and "Parties" means severally and not jointly Mytechguy and/or the Customer as the context requires.
"Products" means all hardware and software goods supplied by Mytechguy to the Customer which may or may not incorporate Services, to enable the desired functionality to be achieved.
"Quotation" means any valid Mytechguy written invitation (e-mail acceptable) for the Customer to purchase the proposed supply of Products and/or Services prior to the offer expiry period, or maximum of 30 days from offer submission to the Customer, if no expiry period is stated.
"Services" means all technical support, delivery, repairs and installation works and/or processes, wether internal or external to the Customer, supplied by Mytechguy to the Customer;
"Terms" means these Conditions of Provision of Products and Services and use of Website that govern your use of the Website and any 3rd Party Website links.
"Website" means the Mytechguy website
2.0 Basis of Contract
2.1 Unless otherwise agreed by Mytechguy in writing, these Conditions apply exclusively to every Agreement for the sale of Products and/or the provision of Services by Mytechguy to the Customer and cannot be altered or substituted by any other terms or conditions without the prior written consent of Mytechguy.
2.2 Any Quotation provided by Mytechguy to the Customer concerning the proposed supply of Products and/or Services is an invitation only to the Customer to place an order based upon that Quotation. These Conditions may be supplemented by additional terms in Mytechguy's Quotation which are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for Products and Services must be made by cash, cheque or credit card on or prior to the completion of the provision of Products or Services unless the Customer has a credit account with Mytechguy.
3.2 All Mytechguy technician visits are chargeable and are charged in accordance with the current published price list, or as per Quotation supplied to the Customer, or as per any valid Agreement between Mytechguy and the Customer, unless subject to clause 3.3
3.3 In the invent that Customer did not have access to the current published Services price list, or does not hold a valid Quotation or Agreement, or there is any misunderstanding or confusion as to the determination of Service charges, then as a minimum Mytechguy will charge $110 Inc GST for a Call-out fee, plus $110 Inc GST per hour of Service charge, chargeable in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full half hour.
3.4 All Products supplied by Mytechguy are charged separately from the Services unless otherwise stated in writing.
3.5 Where there is any change in the costs incurred by Mytechguy in relation to the Products or Services, Mytechguy may vary its price for Products or Services on order to take account of any such change, without giving notice to the Customer.
3.6 Call-out fees may be applied at rates dependent on the Customer's location.
4.0 Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to Mytechguy, or if any cheque drawn by the Customer is dishonoured, then all money which would become payable by the Customer to Mytechguy at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Mytechguy may, without prejudice to any other remedy available to it:-
(a) charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of Mytechguy's principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(c) cease or suspend for such period as Mytechguy thinks fit, supply of any further Products or Services to the Customer;
(d) by notice in writing to the Customer, terminate any Agreement with the Customer so far as unperformed by Mytechguy; without effect on the accrued rights of Mytechguy under any Agreement.
4.2 Clauses 4.1(c) and 4.1(d) may also be relied upon, at the option of Mytechguy:
(a) where the Customer is an individual, he or she becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
5.0 Passing of Property
5.1 Until full payment in cleared funds is received by Mytechguy for all Products supplied by it to the Customer, as well as all other amounts owing to Mytechguy by the Customer:
(a) title and property in all Products remain vested in Mytechguy and do not pass to the Customer;
(b) the Customer must hold the Products as fiduciary bailee and agent for Mytechguy;
(c) the Customer must keep the Products separate from its Products and maintain the labelling and packaging of the Products; the Customer is required to hold the proceeds of any sale of the Products on trust for Mytechguy in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
(d) Mytechguy may without notice, enter any premises where it suspects the Products may be and remove them, notwithstanding that they may have been attached to other Products not the property of Mytechguy, and for this purpose the Customer irrevocably licenses Mytechguy to enter such premises and also indemnifies Mytechguy from and against all costs, claims, demands or actions by any party arising from such action.
6.0 Risk and Insurance
6.1 The risk in the Products and all insurance responsibility for theft, damage or otherwise in respect of the Products shall pass to the Customer immediately upon delivery of the Products to the premises nominated by the Customer.
6.2 Customer agrees and acknowledges that it accepts all risks and it is responsible for all insurance coverage for the Products and Services unless the Mytechguy Quotation or Agreement specifically states that the Products and Services ordered by the Customer have insurance coverage for theft and damage whilst:
(a) in transit between Mystechguy and Customer or Customers designated location; or
(b) in possession of, stored or warehoused by Mytechguy on behalf of the Customer.
6.3 All risk and insurance responsibility shall immediately pass to the Customer if Mytechguy did provide a Quotation for insurance cover however the Customer did not;
(a) accept the insurance Quotation; or
(b) failed to pay for the insurance cover; and/or
(c) did not act in a timely manner or do that necessary for the insurance cover to become valid.
6.4 The Customer shall not hold Mytechguy responsible and indemnifies Mytechguy against any financial claim due to theft and damage, where the responsibility of risk and insurance coverage remained or reverted back to the Customer.
7.0 Performance of contract
7.1 Any period or date for delivery of Products or provision of Services stated by Mytechguy is intended as an estimate only and is not a contractual commitment. Mytechguy will use its reasonable endeavours to meet any estimated dates for delivery of the Products or completion of the Services.
7.2 Mytechguy may substitute products similar in type, specification and value, where the manufacturer, manufacturer’s agent or authorised country distributor cannot supply the Products within an acceptable period of time, as a result of end-of-product life cycles, bugs or faults, stock shortages, technical incompatibilities, importation, compliance and legislative issues, material cost variances or warranty changes.
8.0 Mytechguy Warranties
8.1 Mytechguy does not warrant that it will be able to fix all problems that it diagnoses or that it is able to detect and diagnose all problems that may be present.
8.2 All Products and supplied by Mytechguy are subject to manufacturer requirements and procedures in the event of problems and failure. The Customer must agree to accept and abide by the manufacturer’s specifications, operation manual, configuration settings, usage and warranty terms and conditions when using their Products.
8.3 Mytechguy does not warrant that All Products and Services supplied shall be free from defects in materials and workmanship as no fault may initially be evident or detection may not initially be possible. Many Products have license and security seals preventing Mytechguy from conducting pre-delivery testing without end user acceptance of the manufacturer’s license and terms and conditions including manufacturer’s warranties and terms and conditions for Product fault rectification or faulty Product replacement.
8.4 For the sake of clarity, nothing in this clause 8 is intended by the parties to be, and shall not be construed or interpreted to be, a representation, term, warranty or condition that the operation, use or functionality of any Products or Services supplied by Mytechguy (including configuration settings and integration of different technologies and standards) will be uninterrupted or error free. Customer understands and accepts that all such Products and Services (and information technology and communications products generally), may have errors (or "bugs") or may function perfectly on their own yet may encounter unexpected problems when configured and integrated with other manufacturers products or technologies, and accordingly the Customer may experience downtime and errors in the use of the Products and Services. Without limiting the obligations set out in clause 9, Customer will put in place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse impact of any such downtime or error.
8.5 Mytechguy will comply with its obligations under the Privacy Act 1988 and in accordance with its Privacy Policy which can be viewed at http://www.Mytechguy.com.au/termsofuse.html . Customer must read and shall be deemed to have read the Privacy Policy. Customer agrees and consents irrevocably to Mytechguy's use of Customer's personal information in accordance with the Privacy Policy.
9.0 Customer's Responsibilities
9.1 Customer shall be solely responsible for all data inputs, the manner of use of the Products by all those to whom it provides access and all outputs derived, and all other results of such processing.
9.2 Customer shall comply, at its own expense, with any recommendations and guidelines with respect to the use of the Products, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the Products.
9.3 Customer shall ensure that its operators are adequately trained and informed as to the use of the Products and shall comply with guidelines and procedures supplied by Mytechguy and/or any third party manufacturer from time to time.
9.4 Customer shall promptly report errors or faults in the operation of any aspect of the Products or any provision of the Services in accordance with applicable fault reporting procedures from time to time.
9.5 Customer shall perform general "housekeeping", testing, adjustment and/or maintenance as recommended by Mytechguy in respect of any Products supplied by Mytechguy in order to maximise the availability of and performance of the Products or permit performance by Mytechguy of any of its obligations hereunder.
9.6 Customer agrees to exercise due care and carry out such precautions which may be recommended by Mytechguy or otherwise required as a matter of prudence in connection with the performance by Mytechguy of any of its obligations hereunder, for example, but without limiting the generality of the foregoing, advising its staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
9.7 The Customer shall as a fundamental term of these Conditions back up all software, data and files that are stored on its computer and/or on any other storage devices it may have prior to the arrival of the Mytechguy technician. Mytechguy and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
10.0 Liability - Products & Services
10.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the Products and/or the Services, or other Products or Services that may be provided by Mytechguy under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, Mytechguy's sole liability to Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the fees and charges paid by the Customer under these Conditions as at the date of the breach;
10.2.2 in relation to Products if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the Products or the supply of equivalent Products; or
(b) payment of the cost of replacing the Products or acquiring equivalent Products; or
(c) the repair of the Products or payment of the cost of having the Products repaired; and
10.2.3 in relation to Services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again, as in each case Mytechguy may elect.
10.3 In no event shall Mytechguy be liable to Customer or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the Products or the supply of the Services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) actions of Mytechguy that were expressly or impliedly authorised by Customer, or by Customer's employees or agents;
(c) accident, misuse or abuse by anyone other than the Mytechguy;
(d) alteration or modification of the Products by anyone other than the Mytechguy;
(e) products (including any hardware or software) not licensed or supplied by Mytechguy that are attached to or used with the Products;
(f) Customer's failure to provide a proper operating and working environment for the Products;
(g) damage during any movement, relocation or re-installation of the Products;
(h) power surge or failure,
(i) acts of God or acts outside Mytechguy's control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of the Customer's obligations or responsibilities set out in these Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises nominated by Mytechguy. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer.
10.5 In no event will Mytechguy be liable to Customer or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the Products or the supply of the Services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
10.5.2 Customer's liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if Mytechguy has been advised of the possibility of such loss or damage.
10.6 Mytechguy will not be liable for any loss or damage suffered by the Customer where Mytechguy has failed to meet any delivery date or cancels or suspends the supply of Products or Services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the software and Services where pursuant to applicable law to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either Party.
11.0 Disclaimers and Limitation of Liability Website usage
11.1 Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, Mytechguy:
(a) excludes all conditions and warranties implied into these Terms;
(b) to the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this Website; and
(c) excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site.
11.2 Without limiting the general disclaimer, Mytechguy:
(a) Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Mytechguy is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up-to-date;
(b) Will not be liable for disruptions to this web site; and
(c) Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this web site or an external site. You must take your own precautions to ensure that whatever you select for use from this web site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
11.3 Cookies
Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:
(a) Store one or more cookies in your browser;
(b) Request your browser to transmit this data back to the web server; or
(c) Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
This Website may store cookies on your web browser in order to improve service for you on your subsequent visits to this web site.
By using cookies, web sites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want. If you disable the use of cookies on your web browser or remove or reject specific cookies from this Website or linked sites, then you may not be able to gain access to all the content and facilities of this web site.
11.4 External Web Sites
This Website may contain links to, or frame, 3rd Party Websites. Mytechguy is not required to maintain or update the links. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Mytechguy of the owners or operators of the external sites, or for any information, products or Services referred to on the external sites unless expressly indicated on this web site. Mytechguy makes no warranties and accepts no liability in relation to material contained on external sites.
11.5 Intellectual Property Rights in Website
(a) The material contained on this Website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this web site, or create any other material using material on this Website, without obtaining the prior written consent of Mytechguy.
(b) Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Mytechguy.
(c) The Website, products, technology and processes contained in this Website may be the subject of other intellectual property rights owned by Mytechguy or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Website must not in any way infringe the intellectual property rights of any person.
12.0 Copyright in Software – Products & Services
12.1 Mytechguy will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to Mytechguy by the Customer to be installed on a Customer's computer.
12.2 The Customer hereby warrants that it has a valid licence in respect of such software and shall indemnify Mytechguy against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Mytechguy installing software at the request of the Customer.
13.0 Cancellation
13.1 If, through circumstances beyond the control of Mytechguy, Mytechguy is unable to effect delivery or provision of Products or Services, then Mytechguy may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
13.2 If the Customer gives less than 12 business hours notice to Mytechguy to cancel any request for on-site service, then Mytechguy may charge a cancellation fee as stated in the current price list, or as per any existing Agreement or in the event of confusion or uncertainty a minimum of $110 Inc GST for the loss and damage caused.
14.0 On-Site Services
14.1 On-Site Services are only available in select locations. Mytechguy may assign specific appointment times at its discretion, either for its own purposes or as a courtesy to Customers, but Mytechguy does not guarantee that a technician will arrive by the requested or assigned appointment date and time. Mytechguy does not guarantee that all necessary on-site work can be completed on the same day, or that all necessary work can be completed on-site, or by the same technician. Mytechguy may not be able to accommodate changes requested or made by a customer to an existing on-site scheduled Service request, which may still result in the Customer incurring a call-out fee even if the technician did not visit the Customer as originally scheduled.
15.0 No representation or reliance
15.1 The Customer acknowledges that neither Mytechguy nor any person acting on behalf of Mytechguy has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
15.2 The Customer acknowledges and confirms that it does not enter into these Conditions in reliance on any representation or other inducement by or on behalf of Mytechguy, except for representations or inducements expressly set out in these Conditions.
15.3 Without limiting the generality of clauses 15.1 and 15.2, Customer understands and hereby confirms that:
(a) its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by Mytechguy or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the Products or Services, except as expressly set out in clause 8, and
(b) Customer has relied on its own skill and judgement in deciding to purchase and acquire the Products and Services.
16.0 Entire Agreement
16.1 To the extent permitted by law, in relation to its subject matter, these Terms & Conditions:
16.2 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
16.3 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
17.0 Governing law
17.1 This Agreement is governed by and must be construed according to the law applying in New South Wales. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
