Terms of Trade

TERMS OF TRADE

These are the Terms of Trade that apply whenever Sameera Manodara Archarige trading as Kiwi Tech Mate (the Business, we, us or our) provide business Services to the Customer ("you" "your"). Our Services include those described in Schedule One- Scope of Services.

The Customer acknowledges that the acceptance of a recommendation, proposal, quote, or delivery of goods, is acceptance of these Terms of Trade.

ONSITE VISITS

If we provide onsite visits, we will meet our obligations under the Health and Safety at Work Act. When our staff are on the Customer premises, the Customer must provide any information regarding their health and safety practices relevant to us being on site and otherwise consult, cooperate and coordinate with us in relation to health and safety matters.

If we hold a key/keys and/or security access to the Customers premises, the Customer must notify their manager that a key and/or passcode have been passed over to a staff member. While all care is taken, we cannot be liable for any loss associated with the key(s) in its possession.

Where you arrange an On-site Visit, we will attend the premises for that On-site Visit during the arranged time bracket.

To cancel or stop an On-site Visit, you must advise one of our telephone operators before the end of the last working hours on the previous Working Day. If you cancel an On-site Visit, you must pay a Cancellation Fee for that On-site Visit. If you fail to cancel an On-site Visit and you do not attend the On-site Visit during the arranged time bracket and location you must pay a No Show Fee for the On-site Visit.

At the beginning of the On-site Visit:

(a) we will try to diagnose any problem described by you; and

(b) we may provide an estimate of the time required to provide any Services

However, we do not guarantee any diagnosis or estimate of time will be accurate.

The duration of the On-site Visit will be agreed with you. If the Services are not complete within that duration, we will discuss the options available, which may include extending that On-site Visit, arranging another On-site Visit or abandoning the Services. You may stop an On-site Visit at any time.

Once an On-site Visit commences, you must pay the Fees for that On-site Visit.

To enable us to perform the Services:

(a) you must provide us with all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and

(b) you, or some person over 16 yrs, must be present while we provide the Services.

PAYMENT

On-site Visit payment: you must pay those Fees to us at the end of the On-site Visit (“the Due Date”).

Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will be payable immediately upon issuance of our invoice.

Depending upon whether any further services or work may be required to be carried out by us following out diagnosis of the problem described by you or any Products you may order to be supplied to you, we may require a deposit to be paid by you on account of any additional service cost we may reasonably incur or on account of the Product Fees.

Payment must be made in cash, EFTPOS, approved credit card or internet banking. If using internet banking, you must provide us a printed copy of the confirmation of payment printed from your internet banking screen at the completion of the On-site Visit.

If you do not pay on time, you must pay interest to us at the rate of 25% per annum from the Due Date until the date payment is received by us in full and you must pay any additional administration and debt collection costs (including legal costs).

If your account is in default, we may cease work on any matter for you until the default is remedied.

Accounts that are not collectable by the Business may be turned over to an outside collection agency for collection. The account holder will be liable for all collection costs in this instance.

RATES AND FEES

You are aware that we may prospectively change the specified rates and charges from time to time. As at [date], our rates are as below:

All prices are exclusive of GST

“No Show Fee” means a fee of $115.00 inc GST for non-attendance by the customer at an On-site Visit which results in our technician not being able to execute the On-site Visit as booked.

Minimum On-site Rate of 1 Hour – within the Covered service areas –$100.00 | $25.00 /quarter hour

Minimum On-site Rate of 1 Hour – within the covered service aera – residential Users and Business Users $100.00 | $25.00 /quarter hour

Minimum Same Day On-site Rate of 1 Hour – within the covered service aera – All Users $100.00 | $25.00 /quarter hour

Minimum On-site Rate of 1 Hour – Outside the covered service aera – All Users $130.00 | $32.50 / half hour

Minimum Same Day On-site Rate of 1 Hour – Outside the covered service aera – All Users $130.00 | $32.50 / half hour

Minimum Offsite Rate of 1 Hour $100.00 | $25.00 /quarter hour

Minimum On-site Rate of 1 Hour – within the covered services area – Gold Card and senior citizen Users $100.00 | $25.00 /quarter hour

*The Incremental Fee applies for each stated period after the first hour of the On-site Visit. The period of each On-site Visit within the covered service aera will commence from the time we arrive at your premises. The period for each On-site Visit covered service aera the Region includes our travel time. Minimum On-site Visit Fees outside Working Hours will apply where any of the first hour of the On-site Visit is outside Working Hours. Incremental Fees outside Working Hours will apply where any of the applicable period for that Incremental Fee is outside Working Hours;

REMOTE SUPPORT AND DATA COLLECTION

By agreeing to these Terms of Trade, you are giving permission to us to use the software and service tools it has available to complete any agreed or required service. Our tools help diagnose and resolve technology problems that you may have or provide a required and/or agreed service. You hereby grant us the right to access and store your data and information into the tools or services used in order for us to perform our obligations under this Agreement.

PRODUCT OWNERSHIP AND RISK

The Goods will be at the Customer’s risk immediately on delivery. Legal and beneficial ownership of the Goods will remain with the Business until payment in full is made.

RETURNS

If the Consumer Guarantees Act applies, the Customer may return the Goods in accordance with the Act. If the Goods have a minor fault, we can choose to repair the Goods, replace them, or refund your money.

WARRANTY

We will comply with our obligations under the Consumer Guarantees Act. We warrant that we will use reasonable skill and care in undertaking the Services. We do not warrant that the use of any Services will be uninterrupted or error free. When Services and products are provided for the purpose of your business, the provisions of the New Zealand Consumer Guarantees Act 1993 shall not apply.

No warranty is given for products where any failure or defect results from:

(a) improper storage or handling of products by you, your employees, agents or customers;

(b) use, installation, modification or alteration (including repair) of products other than as recommended or authorised in writing by the manufacturer or us;

(c) fair wear and tear on products;

(d) failure to maintain products in accordance with any care or maintenance instructions provided by us or the manufacturer; or

(e) any other matter or event specified in relation to a specific product as invalidating or being excluded from any warranty.

Except as otherwise provided in the Consumer Guarantees Act 1993 and the Fair Trading Act , your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:

(a) Service, will be for us to re-perform such Services to the required standard; or

(b) Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.

You warrant that you are authorised to arrange each On-site Visit and, in providing the Services or Products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.

LIABILITY

Subject to and to the extent permitted by New Zealand law, neither the Business or any of our employees, business partners or contractors involved in the provision of the agreed service within the Agreement shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use those products or products or services.

User Device Backup: The Customer will be responsible for securing and backing up individual Devices, the computer network, systems, and all information and software stored on these. In some instances, we will recommend and manage site backup and security as discussed and agreed with the client. While we will do so with diligence and care, we cannot be held financially responsible for any security breaches or consequential damage or loss from issues including, but not limited, to security breaches, any loss or corruption of data, use of passwords provided by you, hardware failure or other IT service-related issues. The Customer waives any right to claim for such interruption or its consequences.

Antivirus software: The Customer will be responsible for having anti-virus software. We are not responsible for any losses you may suffer arising from your use of (or failure to use) any anti-virus software.

In no event will we be liable (whether in contract, tort including negligence or otherwise) to you for:

(a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or

(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.

To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Product will not exceed the Fees paid by you for that Service or Product.

TERMINATION

We may immediately terminate this Agreement if you breach these Terms of Trade, there is any threat to the safety of any of our staff or agents, your equipment contains any pornographic, obscene, offensive or illegal content, there appears to be the presence of unlicensed or illegal software the Customer becomes insolvent or unable to pay its debts as they fall due. All outstanding amounts become immediately due on termination of this Agreement.

Subject to the termination or expiry of this Agreement the Customer must cease using or handover any services, confidential information or Business (or its partners) owned hardware or software. Upon termination or expiry of this Agreement we must deliver all client data as it relates to the Agreement to the Customer.

If the Customer does not pay the invoices from the Business or meet any material responsibilities, they have with us, then the Business may suspend or restrict any Service. The Business would provide the Customer with a reasonable timeframe to reach a resolution, such timeframe would be notified in writing, before suspending or restricting Services.

DISPUTES

The Customer must notify the Business within 7 days of the occurrence of any perceived breach of service levels. If the customer is dissatisfied with any services purchased under this agreement and a dispute arises as to the interpretation of this Agreement or any matter arising out of or in connection with this Agreement, we both agree to try to resolve the issue. If a dispute is not resolved by agreement within 20 Business Days of notification, either party may refer the dispute to mediation.

SCHEDULE ONE- SCOPE OF SERVICES

• Assist with error messages
• Set up emails / fix email problems
• Troubleshooting currently connected Printer / Scanners
• Schedule tasks
• Attempt to locate lost files
• Update, extend or renew software including anti-virus software
• Diagnose reasons for a computer running slowly, and if possible, provide a fix
• Update or fix settings
• Repair corruptions
• Set up security
• Install software
• Malware / virus assessment and basic removal where possible
• Advice regarding scamming concerns
• Advice with a range of technology devices including Windows PCs, Apple Macs, tablets, smart phones, smart TVs, routers, printers, scanners
• Device set up (including printers and scanners)
• Set up parental controls
• New computer purchasing advice and guidance
• Preventative maintenance
• Basic technology tutorials

Health and Security checks including:

• Confirm system specifications
• The device hardware is up to date (5 to 8 years if Mac)
• HDD/SSD SMART Health check
• System Temperatures monitor
• Backup Operational check
• Cloud Storage status check
• Device Firewall enabled
• Using a recommended Anti-Malware program
• Antivirus/Malware Scan and update
• Using an Ad-Blocker
• Check Operating System Updates
• Check Software Updates
• Emails Send/Receive check
• Password Security check
• Network Speeds monitor
• Router and Wi-Fi Mash system Security and firmware update
• Printer Ink/Toner Levels
• Print and Scan Test