1. Byron Shire Computer Support Services No Fix No Fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer, apart from a small fuel surcharge fee according to distance. 2. If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work, then the customer is charged for the engineer's time spent to that point - i.e. a minimum of 2 hours. 3. If we advise you to do so and you choose not to upgrade or replace your software/hardware/device, you confirm that we have met our obligation to you by providing a resolution to your problem, whether or not you choose for us to carryout that recommendation. 4. If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so because the customer does not possess the required software CD-Rom or Product Key, then the customer is charged for the engineer's time spent to that point - i.e. a minimum of 2 hour. 5. If the engineer provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer's time spent to that point - i.e. a minimum of 2 hours. 6. The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or power surge. 7. Onsite support has a flat rate with no callout fee. We currently charge $60 dollars for the first bookable hour, and $20 dollars for every 20 minutes (plus GST) after that. These charges exclude the price of any hardware and/or software that may be required to carry out the repairs. How to prepare for our visit to minimise cost to you 8. So that we can provide you with the best services we can, it is important that you do certain things requested by us before we provide your services. If you don't do these things, we may not be able to provide you with our services and/or you may risk losing valuable data. 9. In the case of On-Site Services, if you do not do these things, before our visit, we may charge you a cancellation fee (as set out on our web site). Software 10 . If our services involve the installation of software, then you must provide our engineers with the installation disks for your operating system or software along with a product key for this software. 11. Backing up your software or 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 for some reason you cannot back-up your data, we can do this for you for a fee as part of our On-Site Services if you request our "Back me up" service which is provided pursuant to these Terms (including the Back-up Consent Form). 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 data or files relating, either directly or indirectly from the provision of our services. On-site Services 12. On-Site Services involve our engineer visiting you at your home or other location requested by you (Premises). When we visit your Premises, you must acknowledge that you have read and understood these Terms before we will provide services to you. 13. You must ensure that a person of at least 18 years of age is present for the duration of the provision of On-site Services. 14. You must provide our engineer with access to the areas of your premises necessary to provide services, necessary passwords to your computer, a safe working environment and working space, electrical power and internet access (where applicable). 15. You acknowledge that if our engineer arrives at your Premises and such things are not provided, we may not be able to provide you with services and you may be charged a service fee (minimum fee $66.00). Phone Services 16. Byron Shire Computer Support Services engineer will attempt problem diagnosis and a solution over the phone for an applicable fee ($20.00 for 20 minutes plus GST). All phone services require payment agreement prior to commencement of service. 17. In some cases, we will not be able to provide phone/remote services unless we are given remote access to your computer. We cannot gain access to your computer remotely unless you have given us your permission to do so 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. 18. When we access your computer, we will respect your confidentiality and the privacy of your information. For more details see the "We respect your privacy and the confidentiality of your information" section below. 19. When we provide you with services, sometimes access to, and incidental copying of, your personal and confidential data is unavoidable. We respect your privacy and the confidentiality of your information, and agree to collect, use and disclose such information in accordance with these terms (including our privacy policy which is available on our website) and the law. 20. For the avoidance of doubt, you retain all rights in your information and, other than as permitted by these terms, we will not use it without your consent. We will keep all such information confidential and, other than as permitted by these terms, will not disclose it to any third party without your prior written consent. Permitted collection, use and disclosure 21. If we cannot provide you with a solution to your problem, we will not charge you for our services. 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. In this case a fee is payable. 22. We also warrant our phone services for 5 days and our on-site services for 30 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. 23. 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 services guarantee. 24. When we sell you equipment, hardware or software, we may resell such equipment, hardware or software on behalf of a third party manufacturer or licensor. If there is a problem with any equipment or hardware we provide you, your remedy may rest with the manufacturer or licensor of such equipment, hardware or software. Please refer to our sales services terms for more details on remedies available to you. 25. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence. 26. We also reserve the right to discontinue providing any or all services if, in our reasonable opinion: the minimum system requirements are not met or your technical needs (including wiring or overcoming physical or technical barriers) or other requirements are unusual or extensive and beyond the scope of our services; • we consider that your equipment is beyond reasonable service repair; • our engineer is concerned for his or her safety; or • any other factor or event beyond our reasonable control prevents us providing services. Byron Shire Computer Support Services liability to you 27. To the full extent permitted by law, and subject to our service guarantee above, we expressly exclude all warranties, conditions, guarantee 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. 28. To the full extent permitted by law, our sole liability to you in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these terms for the particular service the subject of our liability. 29. 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 (at our election): in the case of 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 he repair of the goods or payment of the cost of having the software repaired. In the case of services supplied to you, at our election, to the cost of: Supplying the services again; or The payment of the cost of having the services supplied again, 30. Nothing in these terms 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. 31. 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 other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us. 32. These terms will be governed by and construed in accordance with the laws of New South Wales.