1. Business Hours

1.1 We provide our services during the following hours (Business Hours).

(1). (a) Remote support:

• Monday to Friday: 8am to 9pm (AEST)
• Saturdays: 8am – 5pm (AEST)
• Sunday: 9am to 6pm on Sundays (AEST)
• Public Holidays: Sunday hours apply to all public holidays, except that we do not provide any services
• on 25 December (Christmas Day) and 1 January (New Year’s Day).

(2). (b) On-site support:

• The same Business Hours above also apply for on-site support, except that:
• Monday to Friday support is provided from 8am to 8pm (AEST).
• an additional $49 surcharge applies for on-site support on Saturdays
• an additional $49 surcharge applies for on-site support on Saturdays, Sundays and Public Holidays, and will be added to the on-site service fee.

(3). (c) After hours support:

We can be available 24/7 for emergency repairs. However, this service has added costs:

• Outside business hours there is an additional $49 surcharge.
• This can be negotiated beforehand.

2. On-Site Services

2.1 Duration & charging

For services that we provide to you on-site, please note that:

1 (a) a one-hour minimum duration applies;

2 (b) further charging in is half hour blocks;

3 (c) most issues can be solved in the first hour. If the technician, however, expects that it will take longer, he or she will usually know within the first 15 minutes. The technician will give you options, and you can decide how you want to proceed.

4. (d) For on-site services, we guarantee that we can find a solution to your problem or we won’t charge you for the on-site services.

2.2 Cancellation Charges (if less than 24 hours notice)

If you give us less than twenty-four (24) hours’ notice to cancel any on-site service bookings:

1 (a) we may charge you a cancellation fee equal to what you would have been charged for the first hour of on-site service (to reimburse us for the loss and expense caused);

2 (b) the cancellation fee will be charged to your credit card / bank account at the time of cancellation; and

3 (c) a credit equal to the cancellation charge will be applied to your account and will be valid for 5 years. If you book another on-site service in the next 5 years, this credit will be applied against the fees payable for that on-site service. It may not, however, be used as a credit against any further cancellation fees payable.

2.3 Service Areas

To receive on-site services, you must be within Christchurch, New Zealand.

2.4 Your On-Site Service obligations

1 (b) You must provide our technicians who provide on-site services with: access to the areas of your premises necessary to provide services; access to your computer;

2 (c) If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.

3 (d) You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the Call a Nerd technician.

4 (e) You agree to comply with all relevant policies and procedures we advise from time to time on our website.

5 (f) You must ensure you do not cause any harm or injury to our on-site technicians.

2.5 Same Day Service

Same day service is subject to availability and there are no guarantees we can fit you in.

1 (b) You must provide our technicians who provide on-site services with: access to the areas of your premises necessary to provide services; access to your computer;

2 (c) If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.

3 (d) You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the Call a Nerd technician.

4 (e) You agree to comply with all relevant policies and procedures we advise from time to time on our website.

5 (f) You must ensure you do not cause any harm or injury to our on-site technicians.

3. Your Remote Service obligations

Where we provide you with remote services, you must:

1 (a) backup all of your data before you call us for your assistance;

2 (b) have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you ring us about a problem.

4. Your warranties, authorisations and acknowledgements

4.1 No third party infringement

You warrant that: (a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you, and (b) providing our services in relation to those things does not violate any third-party rights.

4.2 Access to your PC/laptop, systems and data

You consent and authorise us to:

1 (a) access your nominated PC / laptop in order to provide our services.

2 (b) access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic communications to the extent necessary to carry out the services.

4.3 Your Data back-up obligation

You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services. We are not be responsible at any time for any data loss, alteration or corruption of any such data, software or media.

4.4 Acknowledgements and disclaimers

You acknowledge that, to the extent permitted by law:

1 (a) Timeframes are estimates only (other than our same day guarantee, any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays).

2 (b) On-site support – return to base for difficult problems (it may not be possible to resolve all problems via an on-site service. In particularly difficult cases, we may (with your permission) need to take your system to our base or third-party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs).

3 (c) Recommendations for upgrades / replacements (in providing the services and goods to you, we may identify that the solution to your problem is to upgrade or replace your software or hardware. In that case 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).

4 (d) No guarantee that all issues will be identified (while we use our best efforts to identify issues with your software and hardware. Given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).

5 (e) Final solution may differ from initial diagnosis (as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the initial diagnosis).

6 (f) Not all issues can be resolved by remote support (you acknowledge that some problems cannot be fixed over the telephone or by remote system access, and may require on-site support).

7 (g) Failure to follow our instructions or advice (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).

Payment

5.1 On-site service fees and other fees (eg repairs) are payable by you immediately on completion of services.

5.2 All fees are payable by debiting the relevant credit / debit card or bank account provided by you at the time of booking or purchase.

5.3 Unless otherwise stated, all fees are inclusive of GST. If a party is liable to pay for a Taxable Supply, it will also pay the amount of any GST in respect of the Taxable Supply.

5.4 Business support solutions are payable in terms of “the end of the month + 15 days”

6. Privacy:

We will comply with the Privacy Act. We also go above and beyond this. We will not under any circumstances (unless directed by law such as being issued with a legal warrant) disclose or provide any details, documents or information to any organisation or third-party persons. We are an advocate for privacy laws and rights and stand by this no matter the circumstances.

7. Liability

7.1 Consumer Laws

Our goods and services come with guarantees that cannot be excluded under the Consumer Law. For major failures with the service, you are entitled:

• • to cancel your service contract with us; and
• • to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

7.2 To the extent permitted by law (including the Consumer Law), our liability to you (whether arising in contract, negligence or otherwise) is limited to (at our option):

1 (a) in relation to goods:

• o the replacement of your goods or the supply of equivalent goods;
• o the payment of the cost of replacing your Product or of the supply of an equivalent Product; or
• o refunding the amount of your order, and

2 (b) in relation to services:

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

The above limitation, however, will not apply to our liability for death, personal injury or tangible property damage directly caused by our gross negligence.

7.3 You agree that, to the extent permitted by law (including the Consumer Law), we will not be liable to you (whether in contract, negligence or otherwise) for any:

• • interruption of business;
• • loss of revenue, profits or business reputation;
• • delays or service disruptions (other than our same day guarantee);
• • loss, alteration or corruption of data, software or media;
• • viruses or system failures; or
• • events beyond our reasonable control.

7.4 We are also not liable to the extent any loss:

1 (a) is caused by you (for example, through your negligence or breach of contract);

2 (b) results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or minimise your loss.

7.5 Indemnity

You agree to indemnify us, our technicians and our related entities, Call a Nerd, employees and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from your breach of this Agreement, including but not limited to your non-payment of any fees or charges applicable to your booking, service or subscription, a breach of your on-site, remote service or data back-up obligations (clauses 3.4, 4.1 and 5.3), infringement by you of third party rights (clause 5.1), breach of Fair Play Policy (clause 7), our reliance on any warranty, authorisation or consent (clause 5.2), or acknowledgement (clause 5.4) provided under this Agreement or in connection with our service, or any negligent, wrongful, illegal or fraudulent act or omission by you, support pack or credit account caused by your wrongful act or omission, except to the extent that liability is caused by our gross negligence.

8. Termination & Suspension

8.1 A party may terminate this Agreement immediately on written notice to the other if: (a) the other party breaches a term of this agreement which is not capable of remedy; or (b) where the breach is capable of remedy, the other party fails to remedy the breach within 10 days of written notice of the breach.

8.2 We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services or systems.

9. Force Majeure

We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.

10. Notices, Feedback and Information

1 (a) (Notices) You agree that any notices or other communications may be provided to you by email (to the email address you have provided to us as part of the registration process). You must promptly notify us if you change your email address.

2 (b) We welcome your feedback. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.