FIX I.T. is a business concern that provides maintenance, support, consulting, networking solutions and data -recovery services in the field of information technology The Services provided to the customer, are subject to the following terms and conditions.
In the interests of a fair and pleasant experience with FIX I.T. kindly ensure that you have read and understood the terms and conditions hereunder.
NOW THEREFORE THE PARTIES DO HEREBY AGREE THAT:
Kindly note that for the purposes of this Agreement that, unless the context clearly requires otherwise that:
- The singular includes the plural and vice versa;
- Any reference to gender, whether masculine or feminine or neuter, includes a reference to the other two genders;
- “FIX I.T.” refers to the service provider;
- “Customer” refers to the party entering into this agreement with FIX I.T in respect of goods supplied to it of services rendered to it by FIX I.T at its special instance and request;
- Any reference to natural persons includes legal persons and vice versa;
RATES AND TURNAROUND TIME:
- FIX I.T. will provide the Customer with a quote in respect of the services to be rendered and/or product to be purchased.
- Upon the Customer being satisfied with and accepting the quoted price, FIX I.T. through its duly authorised representative shall, verbally or in writing, confirm its acceptance.
- FIX I.T must be notified of any appointment cancellations, by no later than 24 hours, prior to the appointment. FIX I.T. reserves the right to invoice any customer when cancellation of the appointment occurs, less than 24 hours (twenty four) prior to the appointment.
- The “no fix, no fee” policy only applies to home users and not to business users.
The customer is liable and will pay FIX I.T. the amount invoiced by its duly authorised representatives. This amount is due to FIX I.T. from the time the invoice is presented or sent to the customer subject to the content hereof, where applicable.
- FIX I.T. accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s Internet Service Provider (ISP).
- Should the customer require a full back-up of any hard-drive prior to FIX I.T. commencing its services, the customer shall inform FIX I.T. of same and shall be liable for the cost thereof at a rate to be determined by FIX I.T..
- The customer hereby confirms that FIX I.T shall not be liable for any data lost as a result of FIX I.T rendering the services requested by the Customer.
- Furthermore FIX I.T shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to the products and/or services provided by FIX I.T
- FIX I.T. will maintain the confidentiality of the customer’s files and or data.
- FIX I.T. reserves the right to refuse the provision of services to the customer for any reason, inclusive of, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer.
- FIX. I.T. cannot be held liable in instances whereby the Customers product and/or property (brought in for repair/service etc) is hacked or subject to internet terrorism.
In the event of any dissatisfaction with the product or service provided the Customer should immediately contact FIX I.T., where after FIX I.T. will endeavour to rectify any problems which may exist.
GENERAL TERMS AND CONDITIONS
The Customer hereby agrees that:
- This Agreement represents the entire Agreement between the Customer and the FIX I.T.
- This Agreement, only become binding only when accepted by the duly authorised representative of FIX I.T.
- The signatory, signing in a capacity other than his personal capacity (ie an official or representative capacity) hereby agrees to bind himself in his personal capacity as well for the full amount due to the FIX I.T. and agrees that this Agreement will apply in the same way to him and that he will be jointly and severally liable for any sum due to FIX I.T. as a result of this agreement.
- This Agreement is applicable to all employees and subcontractors utilised by the FIX I.T.
- This Agreement is final and binding and is not subject to any suspensive or resolutive conditions;
- No alteration, addition, waiver variation or cancellation of whatsoever nature may be effected to this Agreement, unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of the FIX I.T.
- The Customer acknowledges that it does not rely on any representations made by FIX I.T. in regard to its products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement. All specifications, price lists and other technical data furnished by us in respect of products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by FIX I.T.
- The Customer agrees that neither FIX I.T. nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
- All quotations will remain valid for a period of 10 (TEN) working days from the date of the quotation.
- Delivery and performance times quoted are estimates and are not binding on the Supplier.
- All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by the Supplier, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to the Supplier before acceptance of the order.
- In the event of the Customer disputing the amount of the cost increase in Clause 8 above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Customer.
- Notwithstanding the provisions of Clause 1 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this agreement and may not be cancelled by the Customer
- It is the responsibility of the Customer to determine and satisfy itself that the products and/or services ordered by it are suitable for the purposes of intended use. The Supplier gives no warranty, express or implied, relating to the suitability of the products supplied for any purpose of whatsoever nature.
- The FIX I.T. reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
- All products sold are sold with the warranty applicable to it. In cases where products do not make provision for a warranty such products are sold voetstoets with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded.
- FIX I.T. shall not be liable for any defect of whatsoever nature resulting from it being required at the Customers request to expedite delivery ahead of the time needed for the proper production of the order.
- The FIX I.T shall not be held responsible for imperfections in the service rendered to the Customer due to any defect in or the unsuitability of material or equipment not supplied by FIX I.T. All extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.
- All costs resulting from any act(s), omission(s) or request(s) of the Customer including disbursements, suspension of work, modifications of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed shall be for the Customer’s account.
- The FIX I.T shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.
- All orders are subject to cancellation by the FIX I.T due to Acts of God, or from any cause beyond the control of the Supplier, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
- The completed product will be collected by the Customer when ready and the Customer shall not refuse or delay to take delivery.
- The Customer agrees to establish, immediately upon delivery, that the products and services appearing on the invoice/receipt or other documentation supplied by FIX I.T, correctly represents the products, or services, and prices agreed to and are free of defects.
- Where products or services are delivered prior to the issue of an Invoice, the Customer agrees to immediately upon receipt of the invoice/receipt establish that it correctly represents the delivered products or services and prices agreed to.
- Where delivery / performance has already taken place that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
- Any receipt, invoice or waybill (copy or original) signed by the Customer or a third party engaged to transport the products, and held by the Supplier shall be conclusive proof that delivery was made to the Customer.
- Claims under this agreement shall only be valid if the Customer has within 10 working days of the alleged breach or defect occurring, given the Supplier 30 days written notice by prepaid registered post to rectify any defect or breach of Agreement.
- To be valid, claims must be supported by the original receipt/invoice.
- If the Supplier agrees to engage a third party to transport products on the Customer’s behalf the Customer indemnifies the FIX I.T against any claims arising from such agreement.
- The risk of damage to, or destruction or theft of its products shall pass to the Customer on delivery of any order placed in terms of this Agreement and the Customer undertakes to comprehensively insure the products until paid for in full. The Supplier may recover insurance premiums from the Customer for products insured on the Customer’s behalf.
- All products supplied by FIX I.T remain the property of the Supplier until such products have been fully paid for whether such products are attached to other property or not..
- The Customer agrees to pay the full amount due, owing and payable to FIX I.T and the Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorized representative of the Supplier.
- The Customer is not entitled to set off any amounts due to the Customer by FIX I.T against it’s indebtedness to the Supplier.
- All discounts shall be forfeited if payment in full is not made on the due date.
- The Customer agrees that the amount due and payable to the Supplier may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
- Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.
- The Customer hereby gives his/ her consent for a credit check.
- Outstanding accounts are subject to default listing on a national credit bureau database.
- On payment of the outstanding debt the default listing will be adjusted to read “Paid Default” until such time as the relevant legislation demands complete removal
- The Supplier reserves the right to provide a national credit bureau with updated personal information.
- The Customer also consents that the Supplier may use a national credit bureau database for tracing, should the Customer abscond from settling its account in full.
- The Supplier hereby agrees that should they default on payment, the Supplier can make this information available to the industry and affiliated businesses.
- The Customer agrees that interest shall be payable to FIX I.T at a rate of 9% per annum on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of mora
- The Customer shall be liable to FIX I.T for all legal expenses incurred by same on an attorney-and-own client scale incurred as a result of the Customers breach of this agreement.
- The Customer agrees that the Supplier will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 as amended.
- The Customer irrevocably authorizes the Supplier to enter its premises to repossess any products delivered, without court order, and indemnifies the Supplier completely against any damage whatsoever, relating to the removal of repossessed products.
- The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of the FIX I.T. The Customer shall not be permitted to encumber the aforementioned product(s) prior to the full payment thereof and the Customer hereby undertakes to advise third parties of the rights of the FIX I.T in the products.
- The supplier is entitled to exercise a lien over any of the Customer’s property in its possession until all outstanding debts have been paid.
- The Customer hereby cedes and assigns unto and in favour of the Supplier all its rights, title, and interest in and to all debts which are now, or which may in the future, become owing to it by any third party or parties as security for the payment by it of all amounts which are now or may from time to time in the future, become owing by it to the Supplier from any cause of indebtedness however arising. The Customer agrees that on request by the Supplier, it shall be obliged to hand over to the Supplier all books of accounts, contracts, invoices and documents, and the like, which it may require for the purpose of ascertaining the amounts due to it and for the purposes of the recovery of payment..
- The customer agrees to the Standard Rates of the Supplier for any products supplied or services rendered, which rates may be obtained on request.
- Any document shall be deemed to have been received by the Customer
- within 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or
- within 24 hours of being faxed to any of the Customer’s fax numbers, or any director, member’s or owner’s fax numbers; or
- within 24 hours of being e-mailed to any of the Customer’s e-mail addresses, or any director, member’s or owner’s e-mail addresses; or
- on being hand delivered to the Customer.
- Any order is subject to cancellation at the instance of FIX I.T in the event that the Customer breaches any term of this Agreement.
- In the event of the Customer being in arrears with any payment or in breach of any term of this agreement, the Supplier is entitled to cancel all contracts with immediate effect.
- In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the products at the time of repossession and (b) all other costs incurred in the repossession of the products. The value of repossessed or retained pledged products shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the products are not recovered for any reason whatsoever, the value shall be deemed to be nil.
- The Customer agrees that any indulgence whatsoever by the Supplier will not affect the terms of this agreement or any of the rights of the Supplier and any such indulgence shall not constitute a waiver by the Supplier in respect of any of its rights herein. The Supplier will not be stopped from exercising its rights in terms of this Agreement under any circumstances whatsoever.
- The Supplier shall not be liable for any consequential damages including loss of profit or for any delictual liability of any nature whatsoever.
- The Customer chooses elects undertakes to provide FIX I.T. with valid contact details and a domicilium citandi et executandi prior to any work commencing. Same can be forwarded to FIX I.T. via email.
- The invalidity of any part of this Agreement shall not affect the validity of any other part.
- The Customer hereby consents that any items left in the possession of FIX I.T. will be sold after a period of three months to defray costs.