Terms & Conditions

Mr PC Advanced It Solutions (Hillside It Pty Ltd)
ABN 96 159 510 246
Terms & Conditions of Trade

1. General

These conditions of trade constitute your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with us are hereby objected to and will not bind us unless we agree in writing. The signatories warrant to the company that they have authority and power to bind the Customer to these terms and conditions. Any dispute arising between the customer and MR PC. shall be dealt with in accordance with the laws of the state of Victoria and subject to the jurisdiction of the state. The customer will indemnify MR PC. against, and agree to reimburse MR PC . for any expenses (including expenses incurred by the MR PC., engaging a solicitor and such expenses to be paid on a solicitor client basis) it may reasonably incur in recovering or attempting to recover payment from the customer of any amount which from time to time may be overdue.

2. Data

Mr MC., it’s agents and it’s contractors, will not be liable for the loss, corruption or inability to retrieve data stored on the Hard Disk Drive/Memory products, computer or laptop. Repairs to Computer products may result in partial or entire loss, corruption or inability to retrieve data. MR PC. does not retrieve data for customers and may have to erase data as part of the repair process. It is important that you backup your data before any repair.

3. Fees and Charges

All repair costs on-site or off-site and any equipment supplied by MR PC. are strictly C.O.D unless otherwise negotiated and
agreed on by both parties. Title of goods remains with MR PC. until payment is received in full. If a special request order is
made by the customer, the customer is legally bound to purchase the product and MR PC must be paid in full for that product.

Account terms are all pre-agreed as per account applications. All payments are due as per specified on the invoice. 

Late payment fee’s apply as per ATO recommended a late payment admin fee will apply of $165 to cover administration follow-up costs and GIC interest rates applied daily after 7 days overdue, any accounts 30 days past due services will be suspended. 

40 days past due accounts will be passed onto our debt collection agency Dun & Bradstreet for collection plus their collection fee.

4. Completion of Job

Equipment not recovered by the client within 60 days of completion or notification to the client, may be sold by MR PC and
applied to recover costs to MR PC without further notification to the client.

5. Repairs

Repairs are limited by the availability of parts and are performed on a best effort basis. Any repair requiring parts will be quoted prior to the allocation of parts. If the customer does not proceed with the completion of the repair, our standard fee is still fully payable by the customer. If a re-visit is required to rectify the problem/defect, the customer is subject to pay the service fee. MR PC may need to take equipment off-site to complete the repair. Equipment taken off-site for workshop repairs is subject to time delay.

6. Managed Services

All Month to Month services are billed on a 30 day basis, in event of cancellation 30 days notice is required. If services are on a contract term the remainder of the term needs to be paid out in full.

In the event the agreement was not signed and returned but a verbal or email acceptance was given, the service will be still offered at the proposed schedule outlined in said agreement, by paying the first installment you hear by accept the month to month ongoing charge unless otherwise notified.

7. Warranty

Mr PC warrants that, equipment and accessories will be free from defects from the date of purchase and come with a return
to base limited manufacturer’s warranty. New equipment is usually covered by a 12 month manufacturer’s warranty, unless
otherwise stated in writing. If the customer requests that MR PC. visit their premises for warranty claims/repairs, the
customer is bound to pay the standard service fee. Replacement parts may either be new or equivalent in performance to new.
Warranty does not apply to defects resulting from improper or inadequate maintenance or unauthorised modification or misuse,
or from corruption by either viruses/spyware or alike.

8. Cloud Hosting general Terms & Conditions

Reserved Virtual Machine Instance – A reservation only covers the virtual machine and cloud services compute costs. It doesn’t cover additional software, Windows, networking, or storage charges.

  1. Azure Reservations provide flexibility to help meet your evolving needs. You can exchange a reservation for another reservation of the same type.
  2. Reservations are a rolling auto renewal term, end of the term Reservations will automatically renew for an additional term unless one of the parties opts out by giving notice to the other party of its intention not to renew.
  3. All Cloud Servers are hosted with Microsoft Azure as the Provider is an authorized Microsoft Provider, All Microsoft 3rd party products are governed by Microsoft’s Azure legal information https://azure.microsoft.com/en-au/support/legal/
  4. No Guarantees or liabilities can be passed onto MrPC for 3rd party product outages, All 3rd party products or service have their own SLA standards. MrPC has no authority to give such warranties on behalf of there services
Cloud Agreement Termination
  1. The Customer may terminate Cloud Hosted Agreement at any time giving the Service Provider a 30-day written notice.
  2. The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.
  3. Service’s IP remain property of MrPC including but not limited to; Servers, Routing, 3rd party software and site connector configurations. Known as MrPC Cloud.
    Data ownership remains property of Customer; data can be transferred and migrated at any time and shall always remain as the Customers property.
You will be liable to pay a Cancellation Charge if:
 
  1. You terminate all or any Individual Services or the Agreement before the end of the Minimum Period; or
  2. We terminate all or any Individual Services or the Agreement prior to the end of the Minimum Period.
  3. The unrecovered proportion of the costs We have incurred in provisioning the Individual Services that have been terminated (where those costs have been amortised on a straight-line basis over the Minimum Period); and
  4. Any costs that We will incur in connection with the Individual Services that have been terminated to the extent that We are unable to avoid such costs after taking reasonable steps to do so; and
  5. An amount equal to 25% of Your average actual monthly spend or Minimum Monthly Commitment (whichever is the greater) on the terminated Individual Services as invoiced by Us in the 3 months (or part thereof) immediately preceding the month of termination, multiplied by the number of months, or part thereof, between the date of termination and the end of the Minimum Period; and
  6. Reimbursement to Us of any rebates, credits, technology funds, refunds, or discounts, including but not limited to volume rebates, loyalty discounts and service credits on the full amount of our standard charges, provided to You during the Agreement.
  7. You agree that the Cancellation Charge is a reasonable estimate of our likely financial loss if any Individual Services are terminated prior to the end of the Minimum Period.
  8. We may invoice You for all or part of that Cancellation Charge payable by You under
    this clause. You will pay any Cancellation Charge by the due date on the invoice or, if no due date is specified, within 30 days of the invoice date.

 

MrPC Advanced IT Solutions reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time.

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