IT Fixit was founded with a simple, yet ambitious goal. Offer the easiest mobile IT repair service and support within New Zealand. Technology is rapidly evolving and growing, and while that leads to fantastic new features on our favourite devices, increased functionality means increased complexity, which will inevitably lead to things just not working how they should.
We found that a lot of people in IT often look down on these everyday issues as beneath them and common place, and fail to recognise that issues that may seem simple to them can cause a lot of strife for non techies.
This often takes the form of arrogance and a condescending tone contributing to worsening an already frustrating situation. After hearing about a number of these experiences we we’re inspired to craft a service founded on the principles of advising and education, with a focus on throwing out as much jargon as possible and using simple, everyday language instead. We want our customers to feel informed, not belittled after every visit, and be apart of as many peoples journey with tech as possible.
That’s why our mission statement is “Be the best at providing advice, education, knowledge, and confidence to the everyday users of technology across the entire sector.”
1.1 In these Terms and Conditions:
“Booking” means a single on-site visit made by us for the purpose of providing Services and/or Products;
“Call Out” means a single on-site visit made by us for the purpose of providing Services and/or Products;
“Cancellation Fee” means a fee of $120.00 inc GST for cancelling a Call Out other than in accordance with clause 2.2; and which is intended to recompense us for our reasonable costs incurred in responding to your Call Out which you have not cancelled in reasonably adequate time.
“No Show Fee” means a fee of $120 inc GST (or $160 inc GST if the booking was during “After Hours”) for nonattendance by the customer at a Call Out which results in our technician not being able to execute the Call Out as booked.
“Fees” means, for each Call Out, the applicable Minimum Call Out Fee plus the applicable Incremental Fee set out below plus any Product Fee:
|All prices are inclusive of GST
|Minimum Call Out Fee
|Standard Rate Call Out within the Region Home Users
|$30 / quarter hour
|Standard Rate Call Out within the Region Business Users
|$30 / quarter hour
|Standard Rate Same day Call Out within the Region
|$30 / quarter hour
|Standard Rate Call Out outside the Region
|$60 / half hour
|Standard Rate Same day Call Out outside the Region
|$60 / half hour
|After Hours Rate Call Out within the Region Home Users
|$40 / quarter hour
|After Hours Rate Call Out within the Region Business Users
|$40 / quarter hour
|After Hours Rate Same day Call Out within the Region
|$40 / quarter hour
|After Hours Rate Call Out outside the Region
|$80 / half hour
|After Hours Rate Same day Call Out outside the Region
|$80 / half hour
|Discounted Standard Rate
|$25 / quarter hour
|Discounted After Hours Rate
|$35 / quarter hour
The Incremental Fee applies for each stated period after the first hour of the Call Out. The period of each Call Out within the Region will commence from the time we arrive at your premises. The period for each Call Out outside the Region includes our travel time. Minimum Call Out Fees outside Working Hours will apply where any of the first hour of the Call Out is outside Working Hours. Incremental Fees outside Working Hours will apply where any of the applicable period for that Incremental Fee is outside Working Hours;
“Information” has the meaning given to that term in clause 6.2;
“Products” means any hardware, software or other products provided by us and for clarification it is important to note clause 5.8 of these Terms and Conditions relating to the purchase of software;
“Product Fees” means the fees or cost quoted by us for any Product purchased by you;
“Region” means the region of operation refered to as the service area as indicated on our website: www.itfixit.co.nz;
“Services” means the on-site computer maintenance, support and/or consulting services reasonably requested by you and provided by us during a Call Out;
“Terms and Conditions” means these terms and conditions;
“we”, “us” or “our” means the company detailed above IT Fixit;
“Working Day” means any calanader day;
“Working Hours” means 12AM to 11:59PM on any Working Day;
“you” or “your” means the customer its agent and employees or any person acting on behalf of and with the authority of the customer that requested the Call Out.
2. BOOKINGS / CALL OUTS
2.1 Where you arrange a Call Out, we will attend the premises for that Call Out at the arranged time.
2.2 To cancel or stop a Call Out, you must advise one of our telephone operators atleast 12 hours before. If you cancel a Call Out other than in accordance with this clause 2.2, you must pay a Cancellation Fee for that Call Out. If you fail to cancel a Call Out and you do not attend the Call Out at the agreed time and location you must pay a No Show Fee for the Call Out.
3.1 In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
3.2 At the beginning of the Call Out:
(a) we will try to diagnose any problem described by you; and
(b) we may provide an estimate of the time required to provide any Services.
However, we do not guarantee any diagnosis or estimate of time will be accurate.
3.3 The duration of the Call Out will be agreed with you. If the Services are not complete within that duration, we will discuss the options available, which may include extending that Call Out, arranging another Call Out or abandoning the Services. You may stop a Call Out at any time subject to clause 2.2.
3.4 Regardless of clauses 3.2 or 3.3, once a Call Out commences, you must pay the Fees for that Call Out, including the Minimum Call Out Fee.
3.5 To enable us to undertake the Services:
(a) you must provide us with all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and
(b) you, or some person over 16 yrs, must be present while we provide the Services.
3.6 We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, express or implied that the objective will be achieved and we will not be liable for any failure to meet the objectives provided we have used our reasonable endeavours.
3.7 Our no fix no fee policy means that if the technician 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.
(a) If the technician is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requests the technician not to proceed with the work, then the customer is charged for the technician’s time spent to that point.
If the technician is able to resolve the problem or affect the repair, but is only prevented from doing so because the customer does not possess the required software or Product Key, then the customer is charged for the technician’s time spent to that point.
(b) If the technician 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 technician’s time spent to that point.
(c) 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. The policy does not apply to where a technician is prevented from repairing a customer’s issue because of external sources, for example, customer has no internet and after fault diagnosing and testing it is determined that the Internet Service Provider has current outages affecting customer’s internet.
4. PRODUCT OWNERSHIP AND RISK
4.1 Where agreed with you, we will provide Products as part of a Call Out and subject to these Terms and Conditions.
4.2 Ownership of products remains with us until payment is made in full from cleared funds for the Products.
4.3 We supply the Products to you on condition that we have a purchase money security interest (as defined by the Personal Property Security Act 1999) in the Products.
4.4 If you fail to make payment in whole or part for the Products you have ordered, we may re-possess and re-sell or retain the Products and may for that purpose enter upon your premises or any other premises upon which the Products are situated at any time and without notice and without being in any way liable to you or any other person or entity.
4.5 The risk of any loss or damage to any of the Products sold, or deterioration of the Products, due to any cause whatsoever shall pass to you upon delivery of the Products. If the Products remain in our possession owing only to the failure by you to accept the Products at your request, such Products shall be at your risk.
5.1 We will invoice the Fees for each Call Out at the end of the Call Out and you must pay those Fees to us at the end of the Call Out (“the Due Date”).
5.2 Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will be payable immediately upon issuance of our invoice.
5.3 Depending upon whether any further services or work may be required to be carried out by us following out diagnosis of the problem described by you or any Products you may order to be supplied to you, we may require a deposit to be paid by you on account of any additional service cost we may reasonably incur or on account of the Product Fees.
5.4 Payment must be made in cash or online via an approved debit or credit card or internet banking. If using internet banking, you must provide us a printed copy of the confirmation of payment printed from your internet banking screen at the completion of the Call Out.
5.5 If you do not pay on time, you must pay interest to us at the rate of 25% per annum from the Due Date until the date payment is received by us in full and you must pay any additional administration and debt collection costs (including legal costs).
5.6 If your account is in default, we may cease work on any matter for you until the default is remedied.
5.7 Without prejudice to any other right or remedy we may have against you, if you fail to make payment of any monies due to us on the Due Date in respect of any work or installation we may have carried out on your computer while in our possession, you accept that we may at our discretion retain a worker’s lien over your computer which we have worked on, pursuant to the provisions of the Wages Protection and Contractors Liens Repeal Act 1987 until payment is made by you.
5.8 You acknowledge and agree that if you have ordered Products comprising software by electronic delivery and that software has been installed by us and the software licence is activated either on your computer or a computer you have agree to purchase, then it is not reasonably practicable to remove the software installation or de-activate the software. In that event and for that reason once you have ordered the software with the instruction to proceed with installation, you agree that you shall be committed to that purchase of the software and subject to these Terms and conditions and the software cannot be returned unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice.
5.9 Once you have confirmed your order with us for the supply of any Products, then unless we are unable to supply such Products upon the terms specified, you will be committed to the purchase of those Products and have no right of cancellation or refund of monies paid but subject at all times to these Terms and Conditions and your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, if applicable, unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice. We reserve the right in any such specific individual agreement to claim recovery of the reasonable administration and other cost we have incurred.
6. CONFIDENTIALITY AND PRIVACY
6.1 We will maintain as secret and confidential all information we obtain from you in providing the Services and will not use that information for any reason other than as necessary for providing the Services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.
6.2 You authorise us to collect, retain, use and provide to our staff and agents any personal information (“Information”) about you for the purposes of credit approval, meeting our obligations to you, marketing, and enforcing our rights against you.
7.1 We warrant that we will use reasonable skill and care in undertaking the Services.
7.2 No warranty is given for the Products where any failure or defect results from:
(a) improper storage or handling of the Products by you, your employees, agents or customers;
(b) use, installation, modification or alteration (including repair) of the Products other than as recommended or authorised in writing by the manufacturer or us;
(c) fair wear and tear on the Products;
(d) failure to maintain the Products in accordance with any care or maintenance instructions provided by us or the manufacturer; or
(e) any other matter or event specified in relation to a specific Product as invalidating or being excluded from any warranty.
7.3 Except as otherwise provided in the Consumer Guarantees Act 1993 and the Fair Trading Act and subject to clause 8.1 of these terms and conditions your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
(a) Service, will be for us to re-perform such Services to the required standard; or
(b) Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.
7.4 We have no obligation to install, customise or provide any other Service in relation to any Products repaired or replaced due to a breach of any Product warranty.
7.5 You acknowledge that if the Services or Products are supplied for business purposes in terms of the Consumer Guarantees Act 1993 the guarantees provided under that Act do not apply.
7.6 Other than the warranties set out in these Terms and Conditions, all other express or implied warranties in respect of the Services and Products are excluded to the fullest extent permitted by law including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. All statements, technical information and recommendations made by the manufacturer and/or us about the Services or Products are believed to be reliable, but do not constitute a guarantee or warranty express or implied by us to you.
7.7 You warrant that you are authorised to arrange each Call Out and, in providing the Services or Products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.
7.8 Your Rights under the Consumer Guarantees Act 1993 (CGA). Under the CGA: All Products Must: – be of acceptable quality (durable, safe, ft for purpose, free from defects, acceptable in look or finish) – be fit for any particular purpose you have told the supplier – match a description, sample or model shown to you – have good legal title, e.g. be able to be sold and not have any security interests registered against them – be a reasonable price if no price is set – arrive on time (within a reasonable time if not agreed) and in good condition – have spare parts and repair facilities available (manufacturer is responsible). This does not apply if you are told about limited availability before you buy. If these guarantees are not met, the supplier must remedy the issue by either repair, replacement, or if neither are possible, then a refund of the purchase price. CGA Act 1993 http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html
8.1 The Consumer Guarantees Act 1993, the Fair trading Act 1986 and any other statutes may apply warranties and conditions or impose obligations upon us which cannot by law (or which can only apply to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded, only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under invoice for the Products or Services.
8.2 Except as otherwise provided in clause 8.1 in no event will we be liable (whether in contract, tort including negligence or otherwise) to you for:
(a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.
8.3 To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Product will not exceed the Fees paid by you for that Service or Product.
8.4 You indemnify us together with our officers, directors, agents, advisors and employees against any and all liability, losses, damages, costs, penalties and expenses of any nature whatsoever awarded against, incurred or suffered by us, or our officers, directors, agents, advisors and employees whether direct or consequential, arising out of or resulting from your breach of clause 7.7.
9.1 We may immediately terminate the agreement between us if we consider:
(a) you are in breach of these Terms and Conditions;
(b) there is any threat to the safety of any of our staff or agents;
(c) there to be the presence of unlicensed or illegal software;
(d) your equipment contains any pornographic, obscene, offensive or illegal content; or
(e) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
9.2 If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.
10.1 We will not be liable to you for any breach or delay or failure to perform any of our obligations where such breach or delay or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God (including any failure by any of our suppliers to supply on time).
10.2 The current Terms and Conditions at any time are available on our website: www.itfixit.co.nz
10.3 New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions.
10.4 These Terms and Conditions shall be binding on your legal representation, assignees and successors.
10.5 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.6 No failure or delay on our part in exercising any power or right under these Terms and Conditions will operate as a waiver.
11. Intellectual Property
11.1 The Service and its original content, features and functionality are and will remain the exclusive property of IT Fixit and its licensors.
12. Links To Other Web Sites
12.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by IT Fixit.
12.2 IT Fixit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IT Fixit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
12.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
13.1 Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
14. Governing Law
14.1 These Terms shall be governed and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.
14.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
15.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
16. Contact Us
16.1 If you have any questions about these Terms, please contact us.
Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
How we use your information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- Send you emails
- Find and prevent fraud
IT Fixit follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, IT Fixit uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
For more general information on cookies, please read “What Are Cookies”.
Advertising Partners Privacy Policies
Note that IT Fixit has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
IT Fixit does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Providing some information is optional. If you choose not to enter the information requested whilst completing forms, we’ll be unable to contact and schedule visits .
We keep your information safe by storing it in encrypted files and only allowing senior staff access to it. .
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at [email protected].