This agreement of Terms and Conditions of Service sets Budget Computer Repairs & Sales expectations, responsibilities and liabilities of service
Budget Computer Repairs & Sales may change this agreement from time to time by updating this page. Our customers (“you”) must check this page every time you are requesting our services to ensure that you agree with any changes. If you have any questions regarding our Terms and Conditions of service, please contact us.
By requesting any service or goods from Budget Computer Repairs & Sales you are acknowledging that you have read and understand these terms and conditions and agree to all the terms below including payment of all applicable goods amounts and service fees.
You agree to pay a minimum fee of $120.00 for Budget Computer Repairs & Sales to come to your location and render computer services. The minimum fee is inclusive of 1 hour of on-site labour time. Any additional time is billed in 30min slots at $60.00. In cases where the problem/fault is best repaired offsite the total billable labour fee will vary depending on the work that needs to be done and an estimate amount wi ll be advices at the time of pickup or after diagnosing your computer. All amounts are exclusive of gst.
Budget Computer Repairs & Sales will attempt to diagnose and repair your computer on -site, in-lab or remotely for an applicable fee. Sometimes a successful repair is not possible due to problems with your computer or its configuration. If we cannot diagnose and fix your computer related problem, we will not charge you for those services in respect of that problem (our 100% money back guarantee). 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 and you will be liable for all costs up to that stage .
You must pay the fees as set out in the invoice or, if no time is specified prior to delivery of and installation of the goods and immediately upon completion of any services. Budget Computer Repairs & Sales may require a deposit up to the full amount of our estimated costs prior to provision of any goods or services.
Budget Computer Repairs & Sales may charge 15% per annum interest on all fees owed to it and not paid in full within 7 days from receiving the invoice and accruing daily until the fees are paid in full.
You indemnify Budget Computer Repairs & Sales against all losses, liabilities and expenses (including legal and other expenses associated with collection of overdue invoices, on a full indemnity basis) which Budget Computer Repairs & Sales incurs (directly or indirectly) as a result of a breach of this Agreement or failure to pay on time and shall pay the amount of those losses, liabilities and expenses on demand.
Where you are a company or a trust the directors and/or the trustees as the case may be by their request for the provision of the goods and/or services hereby guarantee the due and punctual payment of the fees to Budget Computer Repairs & Sales as if the directors or trustees were a party hereto in lieu of the customer. Budget Computer Repairs & Sales shall have the right to call upon such directors or trustees to exercise their obligations to Budget Computer Repairs & Sales as guarantor without Budget Computer Repairs & Sales first having made claims upon the customer or exercising any and all rights that exist under this agreement or at law against the customer.
Any goods or equipment remain the sole property of Budget Computer Repairs & Sales until payment of all amounts you owe is received in full. This Agreement creates a security interest in any goods supplied and a general security over all of your present and after acquired property to secure payment of all amounts owed.
You acknowledge that due to the nature of the services being performed, there is a potential risk of damage or loss including, but not limited to, damage your office, home, business computer hardware, its cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
You hereby grant Budget Computer Repairs & Sales, its agents and service representatives:
You release and hold harmless Budget Computer Repairs & Sales from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Budget Computer Repairs and Sale’s, its agents or service representatives.
To the maximum extent permitted by law, Budget Computer Repairs & Sales and its affiliates, will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from services provided including but not limited to loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or corruption of data; or any costs of recovering, programming, or restoring any program or data stored or used with your product and any failure to maintain the confidentiality of data stored on your product.
The foregoing limitation shall not apply to death or personal injury claims. Budget computer repairs & sales specifically do not warrant that it will be able to:
If any product should be damaged or lost while in Budget Computer Repairs & Sales custody, budget computer repairs & sales liability will be limited to the cost of repair. Otherwise, Budget Computer Repairs & Sales liability for any and all damage shall in no event exceed the payments received budget computer repairs & sales for services provided pursuant to these terms. The remedies set forth herein shall be your sole and exclusive remedies for any breach by Budget Computer Repairs & Sales under these terms and conditions. Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
During the process of repair, some or all of your stored data may be lost.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. We will notify you if we use any refurbished goods.
Where the services include web design services, we will provide you with a written estimate together with a scope of works. This estimate may contain additional terms and conditions related to the web services. In the case of conflict between the terms of the estimate and these terms and conditions, the estimate shall prevail.
You must provide us with all information, data, content, designs and other materials within 3 business days of our request
In no case shall we provide any warranties as to suitability or otherwise.
You acknowledge and agree that, where you change your mind or require variations after having provided us with your initial instructions, we may charge you at our hourly rate for such changes and this will be a debt due. If you decide not to proceed with the website following your instructions to commence, you will be liable for all work undertaken up to and including the date of termination.
In no case will Budget Computer Repairs & Sales be liable for any delay in providing any website, services or goods
Budget Computer Repairs & Sales is not responsible for items that have not been claimed and paid in full within 30 days after being notified that the work has been completed. Where our advice is to replace the hardware or product and you choose not to have the product repaired we may charge you for the diagnostics and you must notify us immediately as to whether you wish to uplift the product. Budget Computer Repairs & Sales will consider your product abandoned and may dispose of your product in accordance with applicable law and, specifically, may sell your product at a private or public sale without liability to you. Budget Computer Repairs & Sales reserves its statutory and any other lawful liens for unpaid charges.
If your product is under manufacturers warranty we may recommend that you approach the retailer in relation to a repair. We will charge you diagnostic or minimum call out fees in such case.
If Budget Computer Repairs & Sales repairs your product under our warranty or our extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law.
If your product is repaired outside of our warranty, Budget Computer Repairs & Sales warrants:
If a defect exists in a replacement part during the part’s warranty period, Budget Computer Repairs & Sales will:
This warranty and remedy are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, express or implied, with respect to the repair parts. Budget Computer Repairs & Sales specifically disclaims any and all implied warranties with respect to such parts, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Budget Computer Repairs & Sales can’t lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of the express limited warranty.
You agree that the terms and conditions that apply to any Budget Computer Repairs & Sale’s “100% money back guarantee” “satisfaction guarantee” “No Fix No Fee” or “we will fix it or it’s free” policies, require that you fully utilise the solution that Budget Computer Repairs & Sales recommends.
Depending on the circumstances this may include the purchase of replacement hardware. If you reject or do not fully implement Budget Computer Repairs & Sales’ recommended solution, then you will be liable for all labour charges and other costs incurred up to the point of the problem diagnosis. If your system is under warranty, then the minimum fee will be payable whether a solution to the problem is provided or not.
For all commercial customers, you shall appraise yourself of any and all risks that arise from the use of computerised systems including those risks in the installation, operation and maintenance of hardware and software and their customising. Budget Computer Repairs & Sales shall be under no obligation whatsoever to appraise you of the said risks and you waive and hold harmless by Budget Computer Repairs & Sales from any claims whatsoever, howsoever arising out of the failure of by Budget Computer Repairs & Sales failure to appraise you of any such risks.
In the provision of support to you for installation, maintenance and repair you acknowledge that by Budget Computer Repairs & Sales may from time to time have limited resources to respond in a timely manner and address your needs during periods of high demand. You waive and agree to hold harmless by Budget Computer Repairs & Sales from and against any claims, demands, charges or expenses arising directly or indirectly from delay in the provision of services of whatsoever nature provided by Budget Computer Repairs & Sales to you.
Nothing in this Agreement shall be read to restrict or limit any right or remedy that you as a consumer may have under the Australian Consumer Law (ACL) and any clause which appears to restrict or limit such rights and remedies, where they cannot be contracted out of or excluded, shall be read down to the extent necessary to comply with the ACL.
Refunds for defective parts and devices installed by Budget Computer Repairs & Sales for repair or installation services are set out in the Warranty section above. Labour charges for any services of Budget Computer Repairs & Sales are non-refundable. Additional labour fees will be charged to the customer for replacing defective parts and devices reported after the expiration of our limited warranty. Shipping and handling fees for parts, equipment and materials specially ordered for a customer for a repair or installation are also non-refundable and will be deducted from the customer’s final refund.
A remote support connection allows Budget Computer Repairs & Sales technicians to share control of the customer’s PC in an attempt to resolve many types of computer issues as an alternative to an onsite visit. By requesting and accepting a remote session from a Budget Computer Repairs & Sales representative to remotely assist the customer with a technical related issue, the customer accepts responsibility for any changes made to the computer’s content or system settings. Budget Computer Repairs & Sales does not assume and is not responsible for any liability for the linking and viewing of any content, the operation of the remote support software or system performance.
Customer’s data is important to us, however, it is the responsibility of the customer to ensure that they backup their data on a regular basis. Budget Computer Repairs & Sales will not be held responsible for any data loss if any occurred during or after a remote session. If no data backup exists, please contact us for assistance with setting up a backup procedure. Please ensure that you have saved your data elsewhere prior to repair. Please note that we take all possible care to reduce the likelihood of data loss for our customers.
In no event shall Budget Computer Repairs & Sales be liable for:
Legal software licensing is the sole responsibility of the computer system and software owner. The customer is responsible for providing all legally owned and licensed software including operating systems. This can be software or the operating system that came with the computer when it was purchased or purchased separately.
If the customer is unable to provide Budget Computer Repairs & Sales technicians with software licenses, authentic installation discs, product keys and installation codes, we will try to retrieve the product keys using special software. If however this is unsuccessful the customer will be obligated to purchase legally licensed software to complete a repair or upgrade. Budget Computer Repairs & Sales cannot install any software program or operating system that the customer does not legally own. For full details on software licensing please read the Software Licensing Agreement that came with the software or on the software manufacturer’s website.
We rely on any representation that you make in relation to ownership of any software or licences. You will indemnify us in full against any claim in any way related to software or other licences for your products.
If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorise Budget Computer Repairs & Sales to transfer the information or installing software and accept such terms on your behalf in performing the service.
Budget Computer Repairs & Sales strongly recommends that the customer safeguard critical data by backing up said data prior to any services performed by Budget Computer Repairs & Sales. Even if specifically requested and provided as a paid service by Budget Computer Repairs & Sales, the customer is responsible for any backup, archiving, or protective storage of all of its data. Budget Computer Repairs & Sales will not be liable for any data backup issue that occurs between its specific data backup review dates.
Where you provide us with a broken product for data recovery, you acknowledge and agree that this is the final attempt towards the recovery of data and could result in loss or part, or all, of the data stored thereon. Budget Computer Repairs & Sales provides no warranty or guarantee as to the success of its attempts. Furthermore, customer releases Budget Computer Repairs & Sales from any liability for an y data loss, which may occur during, or as a result of, this procedure. Customer also releases Budget Computer Repairs & Sales from any liability for any theft, damage or destruction to the media and any other hardware, or other media sent to it in connection with this waiver. All claims for liability and/or loss including without limitation any indirect, incidental or consequential damages, which may occur as a result of any action (or inaction) are hereby expressly waived. Customer also understands that, even if the data is successfully recovered, there is a possibility that individual files may still be inaccessible due to the type of damage originally sustained.
You grant Budget Computer Repairs & Sales access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, but not limited to, the product’s operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your product.
Budget Computer Repairs & Sales reserves the right to refuse service to any customer for any reason at any time. Likewise, the non-commercial customer has the right to terminate the service of Budget Computer Repairs & Sales at any time, however, all services fees, labour charges and cost of parts must be paid in full to Budget Computer Repairs & Sales before any customer owned property and equipment is returned to the customer. Budget Computer Repairs & Sales also reserves the right to remove any parts, equipment or materials installed by Budget Computer Repairs & Sales if such termination of service is invoked by the customer if such parts, equipment, materials, service fees, and labour charges are not immediately paid for at the time of the termination of service.
Cancellation of commercial service agreements must be submitted to Budget Computer Repairs & Sales 30 days in advance in writing by an authorised decision maker (i.e. Owner, Administrator, Manager) appointed by the commercial customer unless Budget Computer Repairs & Sales agrees in writing that termination of services may occur earlier. All service fees are still due to Budget Computer Repairs & Sales through the date of cancellation plus. Non-payment of invoices for services rendered does not constitute valid cancellation of service. Services will continue to be provided by Budget Computer Repairs & Sales until a written cancellation of services is received.
All service fees are still due to Budget Computer Repairs & Sales for the entire time period that services were provided by Budget Computer Repairs & Sales together with the 30 day cancellation period.
This document together with any quotation or invoice constitute the entire agreement (“Agreement”) between the purchaser of the goods and services described herein (“Customer”) and Budget Computer Repairs & Sales. By requesting Budget Computer Repairs & Sales to provide the services, Customer acknowledges that this Agreement will come into effect. No other agreement whether verbal or written shall be in effect unless agreed to in writing by Budget Computer Repairs & Sales.
The laws of Western Australia shall govern this contract. Any dispute concerning this agreement shall be heard within the Western Australia. By providing any instructions to Budget Computer Repairs & Sales, you acknowledge that you have read, understood and agree to the terms of this Agreement.
Budget Computer Repairs & Sales may assign this Agreement and the benefits thereof at any time by notice to the customer. The customer may not assign this agreement without the written authorisation of Budget Computer Repairs & Sales.
Where more than one person makes up a party to this Agreement, such persons shall be jointly and severally liable. Any employee or representative of the customer who signs on behalf of the customer is deemed to have authority to bind the customer under this Agreement.
