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Terms and Conditions

These terms and conditions, together with our Privacy Policy ("Terms") govern the terms of our relationship with you.
When you use our services and/or purchase products from us, you agree to be bound by these Terms.
References to "we", "us" or "our" relates to Native Information Technology Pty Ltd and its employees, related entities and third party providers engaged by us to provide the services.

  1. About the Service
  2. Delivering the service to you
  3. Hours of Service and Response Time
  4. What is required of You
  5. Privacy and Confidentiality
  6. Service charges and payment
  7. Service guarantee
  8. Limitation of Liability
  9. General


1. About the Service

We offer Customers assistance with their computer, including general advice, troubleshooting to diagnose problems and (where possible) advice and help to resolve those problems, by phone and by remote access via a broadband connection.
Our services are designed for home computer users including those who work from home, and small and medium businesses. We may be available to consult other users, such as medium to large businesses upon request.
In most cases we require you to be the holder of the administration rights to your computer - i.e. if you use a work computer, the service we are able to provide may be limited if you are not the administrator for that computer.
We are sometimes required to provide you with hardware, software or equipment supplied by a third party. In such cases, you agree to comply with our requests so as to enable us to meet our obligations with such third parties.

2. Delivering the service to you

We will attempt to diagnose and fix your computer problem over the phone, either by simple phone assistance or using our remote access service. We cannot gain access to your computer remotely unless you have given us your permission to do so, you have a functioning broadband connection and you have downloaded software onto your computer to allow us to do so.   When you download that software you agree to our Terms and any other terms and conditions relating to that software. 

Our technician will use reasonable amounts of skill and care to resolve problems by phone and remotely, however we may not be able to correct all problems via this service due to circumstances beyond our control. In this event, we will discuss alternative methods to resolve the problem.

3. Hours of Service and Response Time

Our services will be provided during our service hours which are set out on our website. Outside these hours, you may call, email or otherwise notify us of your request for service and we will contact you as a priority when service hours resume.
Extended hours services may be made available and may be subject to a surcharge.
We guarantee a response time of one business hour during our service hours. The response time starts when your request for service is received by us and logged into our system and is stopped when our technician first attempts to contact you by phone at the phone number/s you have provided. If the technician attempts but is unable to make contact with you within this time then the guaranteed response time is regarded as having been met. In the event that we are unable to attempt to contact you within the Response time then our only liability is to provide you with a credit of up to the value of 20 minutes service time towards charges on the services provided to you in this instance. This guarantee does not ensure that all necessary work will be completed within one hour; only that we will attempt to make contact with you within that time. This offer is limited to one per customer and we may cancel this offer at any time.

4. What is required of You

You warrant to us that,

  • you are the owner, or have the right to control the use of, the Computer for which you are requesting service
  • you are the owner or the licensee of all copyright subsisting in the systems, programs and data in the Computer for which you are requesting service; and
  • you have the right to grant the consents, permissions and licences granted in this clause

We will require you to do some things for us, prior to us providing services to you. This will enable us to service you better. Without this assistance we may not be able to provide you with our services.

Software

If we are required to install software that you already own, we require you to provide the installation disks, along with the product key or licenses required.

Backing up your software and data

Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work.  You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer's hard drive(s) and/or any other storage devices you have before we provide any services to you (including Phone services). 
If you are unable to backup your software and/or data for some reason, we may be able to assist you by talking you through the backup process at an additional cost.
If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible at any time for any loss, alteration or corruption of software, data or files relating, either directly or indirectly from the provision of our services.

5. Privacy and Confidentiality

We respect the privacy and confidentiality of your information and we will not disclose your confidential information without your prior written concent. However, sometimes incidental access and/or copying of your information may be unavoidable.
You agree that we may collect, use and disclose such information (including personal information about you) in accordance with these Terms, including:

  • for all purposes associated with the provision of services (including disclosure to third parties who referred you to us);
  • the purpose of communicating with you about products and services which we, our partners or affiliates may provide to you; and
  • where we are required to disclose such information as a matter of law (for example to law enforcement agencies).

6. Service charges and payment

Prior to commencement of the service our technician will verbally provide you with a free, no obligation estimate of the expected cost of the service. This estimate will be based on the approximate expected time required to complete the service multiplied by the applicable per minute rate. This is an estimate only and not an accurate indication of the final fee. However, if the Technician, in undertaking the service, identifies that it may take longer than expected, (this is usually because we find that the problem is more complex than it appeared to be) then we will advise you of this and proceed only with your agreement to the additional cost.
Charges for the service are taken to have commenced from the time our technician makes contact with you to diagnose the problem, provided that unless you decide to proceed with the service following diagnosis and estimate of costs, then we will not charge you.
All payments for services must be by made by credit card at the time services are provided. The only exceptions to this, is services which are redeemed as part of a subscription contract or where they are purchased from a party other than Us (Third Party Services).  Where Third Party Services are provided, payment for services must be made as agreed by you with the relevant entity, but these Terms will still govern the relationship between us.

If we supply you with additional hardware and software you will be charged for such software or hardware. 
Where you purchase products from us, risk and title in products will pass upon full payment of the cost of the products.

7. Service guarantee

If you are not satisfied with any services we have performed, in the first instance please call or email us via the contact details provided on our website. 
In respect of our Phone Services, if we cannot fix or diagnose your problem, we will not charge you for those services in respect of that problem.  In some cases, the solution may be that you need to upgrade or replace your software or hardware.  If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
We warrant our Phone Services for 5 days. If you notify us of a problem with the services you were provided within the stated time period, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly at no additional cost to you (Service Guarantee). The original Service Guarantee period applies to this second service, that is, the Service Guarantee period does not start over again.  
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed.  You also acknowledge that the fact that a problem occurs with your computer within the warranty period may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee. 
In some instances the technician may, at his or her sole discretion, determine that the solution provided does not warrant the full fee for the case. Under these circumstances the technician will discuss this with you and charge a lesser fee. When this occurs you agree that the service is not covered by our Service Guarantee.
Much of the equipment, software and hardware that we provide with our services are sold on behalf of a third party. When problems occur with such equipment, the remedy may rest with the manufacturer or licensor of such equipment, software or hardware.
You acknowledge that software and information technology and communications products generally may have errors and encounter unexpected problems. We will not guarantee uninterrupted or error free operation of such products. You also acknowledge that your use of software may be subject to a third party license.
It is our right to discontinue providing services in the following circumstances:

  • in our opinion your equipment is beyond reasonable service or repair
  • where unusual or extensive requirements exist that are beyond the scope of our services
  • the minimum system requirements are not met
  • we are concerned for our safety
  • any other factor/event beyond our reasonable control prevents us providing services.

8. Limitation of Liability

To the full extent permitted by law, we expressly exclude all warranties, conditions, guarantees and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms.
To the full extent permitted by law, our sole liability to you is limited to the amount of the fees and charges paid by you to us, a related entity or a third party under these Terms for the particular service performed.
Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent. To the extent we can limit such liability, we limit our liability to:

Goods - at our election, to the cost of:

  • replacement of the goods;
  • supply of equivalent goods;
  • payment of the cost of replacing the goods or acquiring equivalent goods; or
  • the repair of the goods or payment of the cost of having the goods repaired.

Services - at our election, to the cost of:

  • supplying the services again; or
  • the payment of the cost of having the services supplied again.

To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any third party for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, business interruption, loss of or damage to goodwill, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us.
Nothing in this Agreement excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the wilful misconduct of either party.

9. General

These Terms will be governed by and construed in accordance with the laws of Queensland.