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Purchase of goods and services from Penta IT Solutions are subject to the following terms and conditions. By agreeing to the purchase or receive of goods or services from Penta IT Solutions, you accept the following terms and conditions without limitation or qualification.

	Definitions
	Items to be provided by you
	Passing of Property
	PITS Warranties
	Copyright in Software
	Data Backups
	No Fix, No Fee
	Illegal Materials and Evidence of Illegal Activities
	Headings
	Entire Agreement

	You are the Owner of the Computer
	Payment and Charges
	Risk and Insurance
	Customer's Responsibilities
	Cancellation
	Software Used in Service and Previously Installed Software
	Free Consultation
	End Result of Service
	Consumers
	Governing law

	Suitability of Computer for Service
	Payment Defaults
	Performance of contract
	Liability
	Hardware Failure
	Virus/Spyware/Trojan (Parasites) Removal
	Fastest Response Time
	Severance
	Trademarks and Copyright

1.0 Definitions

“Computer/PC” means the computer/PC that is the subject of the Service.

“Services” means everything that we do in order to check out, fix, debug and otherwise scan, clean up and tune the Computer - basically, what you are paying us to do. It includes everything involved in conducting the Complete PC Service, and everything involved in providing any additional services you have ordered.

“Us/We” means us, Penta IT Solutions (ABN 12 326 833 577), and includes any authorised representative of Penta IT Solutions. So 'We' is Us and 'Our' belongs to Us. Oh, and 'us' means 'Us' whether it has capital letters or not.

“You” means you, the person who has submitted the computer to be serviced by Penta IT Solutions. Likewise, your and yours mean belonging to you, and 'you' means 'You' whether it has capital letters or not.

“Conditions” means these conditions of Provision of Goods and Services.
“PENTA IT SOLUTIONS” means Penta IT Solutions (ABN 12 326 833 577)

2.0 You are the Owner of the Computer

Because only the owner of something can give someone else permission to touch it, use it and service it, you warrant that you are the owner of the Computer, and indemnify us in respect of any claim or damage which may arise as a result of you not being the owner of the Computer.

3.0 Suitability of Computer for Service

Most computers are suitable candidates for a Service. We will service any machine with a Windows 98, ME, 2000 and XP, Vista, Windows 7 operating system. If your computer does not have one of these operating systems, please contact us to discuss options.

4.0 Items to be provided by you

You must provide us with the following when you deliver your Computer for Service:

4.1

Adequate free disk space. The Service requires a certain amount of free disk space in order to be carried out. This will normally amount to 10% of the total size of the disk, or 200MB, whichever is greater, on each disk drive. If we are unable to complete the Service due to inadequate disk space, you will still be required to pay for the Service.

4.2

Original Software CDs/DVDs. Any software versions require the original CDs to be inserted in the Computer before some updates will install. If the CDs are not supplied, we will load only those updates that we can without the disk.

4.3

Contact phone numbers so that we can contact you if any matters requiring your attention should arise during the Service.
Removal of the BIOS and Administrator login passwords from the Computer. This ensures that we do not have access to your passwords at any stage, but are still able to access the Computer. You can (and should) reinstate passwords after the Service.

5.0 Payment and Charges

You must agree to the following payment terms and methods:

5.1

Payment for goods and services must be made by credit card or prior to the completion of provision of goods or services unless the customer has a Credit account with PENTA IT SOLUTIONS.

5.2

All PENTA IT SOLUTIONS visits are chargeable and are charged in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full hour.

5.3

All goods supplied by PENTA IT SOLUTIONS are charged separately from the services.

5.4

Where there is any change in the costs incurred by PENTA IT SOLUTIONS in relation to the goods or services, PENTA IT SOLUTIONS may vary its price for goods or services on order to take account of any such change, without giving notice to the customer.

5.5

Call out fees may apply at rates dependent on the Customer’s suburb.

5.6

PENTA IT SOLUTIONS will not retain your payment details once payment has been received, and never share them with any third party, except as necessary to obtain payment for the Service.

6.0 Payment Defaults

6.1

If the Customer defaults in payment by the due date of any amount payable to Penta IT Solutions, or if any cheque drawn by the Customer is dishonoured, then all money which is then due as well as all monies that are payable by the Customer to PITS at a later date on any account, shall be due and payable immediately without the requirement of any notice to the Customer, and PITS may, without prejudice to any other right or remedy available to it:-

(a) charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of Penta IT Solutions’s principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and

(b) charge the Customer for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by PITS resulting from the default and PITS taking whatever action it deems appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and

(c) cease or suspend for such period as PITS thinks fit, supply of any further goods or services to the Customer; and

(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed PITS; without effect on the accrued rights of PITS under any contract.

6.2

Clause 6.1 may also be relied upon, at the option of PITS:
(a) where the Customer is an individual, he or she becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or

(b) where the Customer is a corporation, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.

7.0 Passing of Property

7.1

Until full payment in cleared funds is received by PITS for all goods supplied by it to the Customer, as well as all other
amounts owing to PITS by the Customer:
(a) title and property in all goods remain vested in PITS and do not pass to the Customer;

(b) the Customer must hold the goods as fiduciary bailee and agent for PITS;

(c) the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the goods; the Customer is required to hold the proceeds of any sale of the goods on trust for PITS in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;

(d) PITS may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of PITS, and for this purpose the Customer irrevocably licenses PITS to enter such premises and also indemnifies PITS from and against all costs, claims, demands or actions by any party arising from such action.

8.0 Risk and Insurance

The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer.

9.0 Performance of contract

Any period or date for delivery of goods or provision of services stated by PITS is intended as an estimate only and is not a contractual commitment. PITS will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.

10.0 PITS Warranties

10.1
If PITS is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the customer. PITS does not warrant that it will be able to fix all problems that it diagnoses.
10.2
All goods and services supplied shall be free from defects in materials and workmanship for a period of 10 days from the date of delivery.
10.3
Nothing in this clause 10 is intended by the parties to be, and shall not be construed or interpreted to be, a representation, term, warranty or condition that the operation, use or functionality of any goods or products supplied by PITS (including any software) will be uninterrupted or error free. Customer understands and accepts that all such goods and products (and information technology and communications products generally), may have errors (or "bugs") and may encounter unexpected problems, and accordingly Customer may experience downtime and errors in the use of the goods and products. Without limiting the obligations set out in clause 11, Customer will put in place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse impact of any such downtime or error.
10.4
PITS will comply with its obligations under the Information Privacy Act 2000, Victoria and in accordance with its Privacy Policy. Customer agrees and consents irrevocably to PITS's use of Customer's personal information in accordance with the Privacy Policy.

11.0 Customer's Responsibilities

11.1
Customer shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.
11.2
Customer shall comply, at its own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.
11.3
Customer shall ensure that its operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by PITS and/or any third party manufacturer from time to time.
11.4
Customer shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.
11.5
Customer shall perform general "housekeeping", testing, adjustment and/or maintenance as recommended by PITS in respect of any goods supplied by PITS in order to maximise the availability of and performance of the goods or permit performance by PITS of any of its obligations hereunder.
11.6
Customer agrees to exercise due care and carry out such precautions which may be recommended by PITS or otherwise required as a matter of prudence in connection with the performance by PITS of any of its obligations hereunder, for example, but without limiting the generality of the foregoing, advising its staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
11.7
The Customer shall as a fundamental term of these Conditions back up all software, data and files that are stored on its computer and/or on any other storage devices it may have prior to the arrival of the PITS technician. PITS and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

12.0 Liability

12.1

To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by PITS under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.

12.2

Except to the extent specifically provided in these Conditions, PITS's sole liability to Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:

12.2.1 subject to sub-clauses 12.2.2 and 12.2.3, the aggregate amount of the fees and charges paid by the Customer under these Conditions as at the date of the breach;

12.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):

(a) the replacement of the goods or the supply of equivalent goods; or

(b) payment of the cost of replacing the goods or acquiring equivalent goods; or

(c) the repair of the goods or payment of the cost of having the goods repaired; and

12.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again, as in each case PITS may elect.

12.3

In no event shall PITS be liable to Customer or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:

12.3.1 malfunctions or failures caused directly or indirectly by:

(a) any third party;

(b) actions of PITS that were expressly or impliedly authorised by Customer, or by Customer's employees or agents;

(c) accident, misuse or abuse by anyone other than the PITS;

(d) alteration or modification of the goods by anyone other than the PITS;

(e) products (including any hardware or software) not licensed or supplied by PITS that are attached to or used with the goods;

(f) Customer's failure to provide a proper operating and working environment for the goods;

(g) damage during any movement, relocation or re-installation of the goods;

(h) power surge or failure,

(i) acts of God or acts outside PITS's control;

(j) any other condition not arising under normal operating conditions; or

(k) normal wear and tear; or

12.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of the Customer's obligations or responsibilities set out in these Conditions.

12.4

Any replacement of parts under warranty will be carried out at the premises nominated by PITS. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer.

12.5

In no event will PITS be liable to Customer or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:

12.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;

12.5.2 Customer's liability to any third party; or

12.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if PITS has been advised of the possibility of such loss or damage.

12.6

PITS will not be liable for any loss or damage suffered by the Customer where PITS has failed to meet any delivery date or cancels or suspends the supply of goods or services.

12.7

Nothing contained in these Conditions excludes, restricts or modifies any:

12.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the software and services where pursuant to applicable law to do so is unlawful or void; or

12.7.2 liability for fraud or deceit; or

12.7.3 liability for death or personal injury caused by the negligence of either Party.

13.0 Copyright in Software

13.1

PITS will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to PITS by the Customer to be installed on a Customer's computer.

13.2

The Customer hereby warrants that it has a valid licence in respect of such software and shall indemnify PITS against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of PITS installing software at the request of the Customer.

14.0 Cancellation

14.1
If, through circumstances beyond the control of PITS, PITS is unable to effect delivery or provision of goods or services, then PITS may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
14.2
If the Customer cancels any request for on-site service, then PITS may charge a cancellation fee of $49 for the loss and damage caused. If the customer cancels any service 24 hours prior, then a cancellation fee of $75 will be applied.
14.3
No fee will be charged for rescheduling the service.

15.0 Hardware Failure

As you probably know, computers can be unreliable machines. Hardware can fail at any time, and it is entirely possible that this may occur while it is in our possession, or even shortly after it is returned to you. We will make all reasonable efforts to avoid this, but we can take no responsibility if it occurs. You acknowledge this risk, and indemnify us against any loss or damage arising out of or flowing from any hardware failure whatsoever.

16.0 Data Backups

It is possible that hardware may fail during the performance of the service, you need to be aware that we do not backup the Computer before conducting the Service. We do backup the Computer if this is requested as an optional extra. Hardware failure may occur at this point. If you are concerned about loss of programs or data, we suggest that you back up the files yourself before bringing the machine in to us, even if you have requested the optional backup. You indemnify us against any loss of or damage to your programs or data, regardless of whether you or we made a backup. Please note in addition that the Windows Recycle Bin will be emptied and temporary files deleted as part of the service. If you want to keep any of these files, back them up before sending it to us for service. As we said, you indemnify us against any loss of or damage to your programs or data, regardless of whether you or we made a backup.

17.0 Software Used in Service and Previously Installed Software

In providing the service, we use software manufactured by reputable vendors. While we link, check and automate their operation with scripts that we have created, we cannot be responsible for the correct operation of these third party programs or for any problems caused by the use of any software other than our own scripts used during the Service. In addition, there may be software installed on the Computer prior to its delivery to us which could cause errors or other problems.
Clearly we cannot take responsibility for this either. You acknowledge this risk, and indemnify us against any loss or damage arising out of or flowing from any software used in the conduct of the Service or problems caused by previously installed software.

18.0 Virus/Spyware/Trojan (Parasites) Removal

We use tools that err on the side of rigour. This means that these tools may remove things that you consider useful, or may not remove things that you consider to be pests. You acknowledge this and agree that we are not liable if we remove an item which you consider useful, or do not remove an item that you consider to be a parasite.
Some parasites may have been supplied to you packaged with other programs (whether bought or downloaded from the Internet) which are installed on the Computer. Removing these parasites may have an effect on the operation of the relevant programs. You acknowledge this risk and indemnify us against any loss or damage arising out of or flowing from such parasite removal.

19.0 No Fix, No Fee

PITS no fix fee guarantee means that if we cannot find a solution to your problem, we will not charge you for our services. However, 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.

20.0 Free Consultation

We provide free consultation for you to select the right service you need and it is only for first 20 minutes. We are confident enough that we can provide you a solution within that time frame. However if you need support in troubleshooting your computer then a fee applies. Refer to our Express Service section for more details.

21.0 Fastest Response Time

We provide same day service only in Melbourne Metro Region for services booked before 10am excluding public holidays. All other areas and services booked after 10am will be managed as per availability of our technicians.

22.0 Illegal Materials and Evidence of Illegal Activities

We respect your privacy, and do not snoop in the files on the Computer other than as necessary for performing the Service. However, if we inadvertently discover illegal materials or evidence of illegal activities on the Computer, we may be bound by law or conscience to report them to the relevant authorities. You warrant that there are no illegal materials or evidence of illegal activities on the computer, and indemnify us against any loss or damage suffered as a result of the discovery and/or reporting of any such materials or evidence.

23.0 End Result of Service

The end result of the Service will vary by Computer and its state prior to the Service. In some cases, there may be significant performance improvements. In others there may be no detectable performance increase.
We warrant that the Service will be performed in a good and workmanlike manner. However except for this warranty, we give no express or implied warranties relating to the Service (including but not limited to any express or implied warranties concerning the results which will be obtained from the Service or relating to the results of any recommendation which the Service Provider may make to the Customer). Nothing in these Terms & Conditions, any other written documentation or any oral communications with the Customer will alter the terms of this clause 23.0

24.0 Severance

If any provision of these Terms & Conditions is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, then the offending provision shall be read down only to the extent required by that authority and the remainder of these Terms & Conditions will remain in full force and effect.

25.0 Headings

The headings and numbering in these Terms & Conditions are for ease of reading only, and do not alter the interpretation of the Terms & Conditions.

26.0 Consumers

Nothing in these Terms & Conditions will affect any statutory rights that you have in dealing with us under any consumer protection legislation intended to protect consumers involved in similar transactions.
In summary, you are acknowledging that we are never, ever liable for any loss and damage that occurs during or as a result of the Service, provided always that it was not caused by our negligence.

27.0 Trademarks and Copyright

All trademarks and brands are the property of their respective owners.

28.0 Entire Agreement

28.1 To the extent permitted by law, in relation to its subject matter, these Conditions:

28.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and

28.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.

29.0 Governing law

29.1 This Agreement is governed by and must be construed according to the law applying in the state of Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts Victoria.

If you have any queries in relation to privacy, please contact us on 1300 589 315 or email admin@pentasolutions.com.au