dialanerd.co.za - TERMS AND CONDITIONS

Terms and Conditions | IT & Computer Support - Dial a Nerd

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Terms and Conditions | IT & Computer Support - Dial a NerdConsumerPortal (086) 146-3737 Home SolutionsMerchantryIT Solutions Small Office & Home Office IT Solutions Firewall Solutions Products Cloud Services CloudReplacementMicrosoft Office 365 Managed IT IT Support Network Design IT Security Anti-Virus, Anti-Spam andReplacementDisaster Recovery Service Level Agreements News About Testimonials Contact Us NewConsumerApplication Careers No menu assigned! TERMS AND CONDITIONS Dial a Nerd’s Terms and Conditions Nerdworks Pty Ltd trading as Dial-A-Nerd, (Herein referred to as “DAN”) provides mobile on-site computer maintenance, support and consulting services. (Herein referred to as “The Services”) The Services provided to the customer, are subject to the pursuit terms and conditions. By confirming a DAN booking, the consumer accepts these Terms and Conditions. Appointments and Rates: DAN will shepherd the customer’s premises at the prearranged time. TheConsumerwill pay for all Services provided, at the rates currently indicated on our website. Working Hours: DAN normal working hours are Monday through Friday, 08:00 to 17:00. In some cases, subject to previous arrangements stuff made, The Services will be provided out of the normal working hours. These will include Saturday and or Sunday and a latest working time of 21:00. An overtime fee will be charged for these spare working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement.) The DAN engineer will remain at the customer’s premises for the unshortened time that the DAN technician is on site. Cancellation: 1. DAN must be notified of any visit cancellations, by no later than 2 hours, prior to the appointment. DAN reserves the right to invoice any consumer when receipt occurs, less than two hours prior to the appointment. 2. The “no fix, no fee” policy only applies to home users and not to merchantry users. 3. If the DAN engineer offers a solution that the consumer does not wish to use, the consumer will be charged for the time spent on site up to this point. 4. If the technician is prevented from resolving a problem considering the consumer does not posses the towardly software disks, drivers or product serial numbers, the consumer will be charged for the time spent up to that point. 5. If the technician diagnoses a fault with a customer’s Internet Service Provider, plane when the ISP denies any fault, the consumer will be charged the standard rates for the time spent on site. Payment: The consumer will pay Dan the value invoiced by the DAN technician. This value is due to DAN from the time the invoice is first given or sent to the customer. DAN will shepherd the Customer’s premises for the well-set period, by the customer, prior to or at the prelude of the appointment. DAN will endeavor to diagnose and or remedy the problem(s) described by the customer, at the prelude of the appointment. If the problems have not been remedied at the end of the first hour of DAN attendance, DAN will discuss with the consumer the options available. The consumer may ask DAN to protract working on the problem(s), or make a remoter appointment. The consumer may terminate the visit at any time. On termination, the consumer will pay DAN the value incurred in respect of spare time, if any, vastitude the first hour’s attendance. Payment is to be made in mazuma or by cheque or Electronic Fund Transfer. (provided the DAN technician is supplied with a printed reprinting of the completed transfer.) Credit vellum payment is accepted, however, DAN only accepts unrepealable credit cards. Please enquire when booking your job which cards can be used. In the event of a default or dishonoured cheque or non-payment, DAN will tuition interest at the rate of 1.5 percent per month. The interest will be charged from the stage of the invoice up to and including the stage payment is made in full. Liabilities: 1. DAN accepts no liability in respect of any problem(s) it is not worldly-wise to remedy due to any matter vastitude its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide towardly software disks, drivers, product serial numbers or any fault with the customer’s ISP. 2. The consumer hereby confirms that a full when up of the customer’s hard-drive has been made prior to DAN commencing The Services. The consumer remoter confirms that there is no legal restriction or impediment to DAN providing Services to the customer. 3. DAN shall, under no circumstances, be liable, either in contract, tort or otherwise for any forfeiture or injury caused to the customer, its employees, teachers or any third parties. Including, without limitation, any uncontrived and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to merchantry activity, lost or corrupted data or other liability welling out of or related to The Services provided by DAN or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The consumer will, upon demand, indemnify DAN in respect to loss, forfeiture or injury welling from the provision of The Services. DAN has no liability to theConsumerfor data loss or forfeiture incurred in any circumstances whatsoever. Confidentiality: DAN will maintain the confidentiality of the customer’s files and or data. DAN remoter undertakes not to provide any consumer information to any third party, save in the event that it is lawfully required to do so. DAN reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, DAN terminates The Services, the consumer shall be liable for any charges incurred in respect to the time spent on site by the DAN technician. Goods provided by DAN: DAN may make recommendations to the customer, or the consumer may request that a product be provided by DAN, in order for DAN to perform The Services. All expressed or unsaid warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by DAN, are expressly excluded. DAN has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party, whether or not that product has been recommended to the consumer by DAN. Any hardware, software or equipment provided to the consumer by DAN shall remain the property of DAN until full payment is received. Return Visit and Complaints Policy: In the event of any dissatisfaction with The Service provided by DAN, the consumer should immediately contact DAN on 0861-4-NERD. DAN will make an visit for a return visit by the designated technician. The technician will endeavor to rectify the problem. If the rationalization of the dissatisfaction was due to a matter vastitude the tenancy of DAN, theConsumershall pay for the spare time incurred at DAN normal rates. If the problem arose directly as a result of DAN previous ubiety no remoter tuition shall be made. Fair Use Policy in terms of our Unlimited Remote and Telephonic Support contracts: Although we are worldly-wise to provide unlimited remote and telephonic support for each user at the Customer, there is a ‘fair use’ limit of 3 separate tickets per device, per timetable month for unrelated incidents. As an example, if we need to repair the same computer for an ongoing problem or a particular repair is expected to take a long time the support is unlimited (subject to all other conditions), but should a single computer suffer varied unrelated problems the support is limited to three single tickets within a month. This is considering numerous unrelated problems on a device are symptomatic of hardware failure and Dial a Nerd will make a recommendation to replace or repair subject to warranty terms. Our Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as weightier as possible, causing as little disruption to you, your computer and your applications as possible but, given the repair options vary from “do nothing” to “wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances, Virus’ and Malware programmes are designed to rationalization as much havoc when removed as when in place, meaning the removal can often leave a computer in a increasingly fragile state than when infected. In these instances, we will protract to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All Customers should ensure they have a working, reliable replacement of all their data and important information surpassing requesting any support, resulting in potentially ‘aggressive’ repair solutions. The pursuit exclusions are not counted as ‘unlimited’ and will be quoted and invoiced for separately: Training sessions (planned, groups or anything that requires increasingly than 10 minutes defended instruction in total); New hardware or 3rd party software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required surpassing any work carried out) ; Repeat faults as a uncontrived result of end users ignoring recommendations provided by DAN; Faults with 3rd party software which DAN is not worldly-wise or authorized to work with;Unstipulatedmisuse by theConsumerof the System, Hardware or Software; Any projects which fall outside of normal maintenance and support, each such project to be quoted and tried by theConsumerseparatelyUnstipulatedTerms and Conditions of Trade The clauses unelevated form part of the Standard Terms and Conditions of the Service Provider and all services provided by the Service Provider are subject hereto. INTERPRETATION Where any term is specified within the context of any particular clause in these Conditions, the term so defined, unless it is well-spoken from the clause in question that the term so specified has limited using to the relevant clause, shall withstand the meaning ascribed to it for all purposes in terms of these Conditions, notwithstanding that that term has not been specified in this definitions clause. These Conditions shall be interpreted in vibrations with the pursuit principles: a reference to a “person” includes a reference to an individual, partnership, company, tropical corporation, other soul corporate, a trust, an unincorporated undertone or a joint venture and that person’s legal representatives, successors and permitted assigns; words importing the masculine shall include a reference to the feminine and vice versa and words importing the singular shall include a reference to the plural and vice versa; reference to a document includes an summons or supplement to, or replacement or novation of that document; any reference in these Conditions to legislation or a statute shall be a reference to such legislation or statute as at the SignatureStageand as amended, varied, re-enacted or replaced from time to time; the headings in these Conditions are for reference purposes only and shall not stupefy the interpretation hereof; if any provision is a definition and is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition (or such other clause), effect shall be given to it as if it were a substantive provision in the soul of these Conditions; in the event that the day for performance of any obligation to be performed in terms of these Conditions should fall on a day which is not aMerchantryDay, the relevant day for performance shall be the immediately succeedingMerchantryDay; any number of days prescribed in these Conditions shall be unswayable inclusively of the first and exclusively of the last day; all monetary amounts are stated sectional of VAT and in RSA Rand (or R), unless provided otherwise, and VAT is payable at the same time and in the same manner as is any other value payable under these Conditions, where that value is subject to VAT; the use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the unstipulated wording preceding it and the eiusdem generis rule shall not be unromantic in the interpretation of such unstipulated wording or such specific examples; the expiration or termination of these Conditions shall not stupefy such of the provisions of these Conditions as expressly provide that they will operate without any such expiration or termination or which of necessity must protract to have effect without such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this; unless expressly otherwise stated, no provision of these Conditions shall constitute a stipulation for the goody of any person (stipulatio alteri) who is not a party to these Conditions; and the terms of these Conditions having been negotiated, the rule of construction that, in the event of ambiguity, the try-on shall be interpreted versus the Party responsible for the drafting thereof, shall not wield in the interpretation of these Conditions. ASSIGNMENT TheConsumershall not be entitled to sacrifice its rights and consul its obligations under these Conditions to person without the prior written consent of the Service Provider. DISPUTE RESOLUTION Should a dispute occur between the Parties in regard to any matter welling out of these Conditions, the Parties stipulate that: if the dispute relates to any matter in respect of which a specific dispute resolution procedure is set out in this Agreement, the procedure set out in the relevant clause of this try-on shall be followed; or if the dispute relates to any other matter, it shall be referred to the managing director (or, if no such position exists, its equivalent designation) of each of the Parties concerned, or in the specimen of a natural person, such person, for resolution who shall endeavour to resolve that dispute in good faith and with due willingness and intention to determine a solution. If the managing directors (or persons of the equivalent designation) are unable to resolve the dispute in vibrations with clause 1.2 within 21 days of having supposed a dispute, the, subject to the other provisions of this clause 3, matter may be submitted by either party to and be unswayable under the auspices of and in terms of the CommercialMediationRules of theMediationFoundation of Southern Africa, in Johannesburg and the financing of any such mediation shall be unswayable by the arbitrator as part of his or her finding. The visit of the arbitrator shall be well-set upon between the Parties, but lightweight try-on between them within a period of 10MerchantryDays without the mediation has been demanded, any of the Parties shall be entitled to request the chairperson for the time stuff of theMediationFoundation of Southern Africa to make the visit and, in making his appointment, to have regard to the nature of the dispute. The visualization of the arbitrator shall be final and tightness on the Parties, and may be made an order of any Court of competent jurisdiction. This clause 3: is severable from the rest of these Conditions and shall, notwithstanding the termination, cancellation, invalidity or so-called invalidity of these Conditions or any part of it for any reason, remain in full gravity and effect; and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or to requirement in any such proceedings that it is not unseat by this clause 3. The Parties stipulate that the written demand by a Party to the dispute in terms of this clause3 that the dispute be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969. The provisions of this clause 3 will not preclude any Party from wangle to a competent semester of the High Court of South Africa for urgent and/or interim relief pending the outcome of an mediation in terms hereof or in respect of mediation proceedings in terms hereof. GOVERNING LAW AND JURISDICTION These Conditions shall in all respects be governed by and construed in vibrations with the law of the RSA, and all disputes, deportment and other matters in connection therewith shall be unswayable in vibrations with such law. Each of the Parties hereby consents and submits to the non-exclusive jurisdiction of the South Gauteng High Court for the purposes of all or any legal proceedings welling from or concerning this Agreement. Nothing in these Conditions shall prevent any Party from seeking relief on an urgent or interlocutory understructure from any High Court of South Africa with jurisdiction. GENERAL Each of the provisions of these Conditions shall be considered as separate terms and conditions and in the event that these Conditions are unauthentic by any legislation or any summons thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full gravity and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof. All costs, charges and expenses of any nature whatever which may be incurred by a Party in enforcing its rights in terms of these Conditions, including without limiting the generality of the aforegoing, legal financing on the scale of shyster and own vendee and hodgepodge commission, irrespective of whether any whoopee has been instituted, shall be recoverable on demand from the Party versus which such rights are successfully enforced and shall be payable on demand. No try-on varying, subtracting to, deleting from or cancelling these Conditions shall be constructive unless reduced to writing and signed by or on behalf of the Parties. No extension of time, relaxation or indulgence granted by any Party to flipside shall be deemed to be a waiver or tacit summons of that Party’s rights in terms hereof, nor shall any such relaxation or indulgence be deemed to be a novation or waiver of the terms and conditions of these Conditions. Contact us for all service enquiries and solutions. CONTACT US NOW NAVIGATIONREMOTE SUPPORT HOME SOLUTIONS NEWS ABOUT TESTIMONIALS CONTACT US TURRITO NETWORKS TERMS AND CONDITIONS JOHANNESBURG Ground floor, 260 Surrey Ave Ferndale, 2194 Phone: (010) 007 0012 Fax: (086) 520 0189 Hours: Mon - Fri: 07:00 - 17:00 CAPE TOWN Unit 19, 1st Floor, North Block, Upper East Side 31 Brickfield Road, Woodstock Phone: (021) 200 1460 Hours: Mon – Fri: 07:00 – 17:00 Recent Posts Cloud Computing: Can you do without it? INFOGRAPHIC: How Windows 10 helps you outsmart cybercriminals Four Ways To Boost Your Daily Productivity Why SmartMerchantryGrowth Means Smart IT Budgeting Are you PoPI’ing yet? © 2018 Dial a Nerd. 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