Nerdworks Pty Ltd trading as Dial-A-Nerd, (Herein referred to as “DAN”) provides mobile on-site computer maintenance, support and consulting services. (Herein referred to as “The Services”) The Services provided to the customer, are subject to the following terms and conditions. By confirming a DAN booking, the customer accepts these Terms and Conditions.
Appointments and Rates:
DAN will attend the customer’s premises at the prearranged time. The Customer will pay for all Services provided, at the rates currently indicated on our website.
DAN normal working hours are Monday through Friday, 08:00 to 17:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. These will include Saturday and or Sunday and a latest working time of 21:00. An overtime fee will be charged for these additional working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement.) The DAN engineer will remain at the customer’s premises for the entire time that the DAN technician is on site.
1. DAN must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. DAN reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.
2. The “no fix, no fee” policy only applies to home users and not to business users.
3. If the DAN engineer offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.
4. If the technician is prevented from resolving a problem because the customer does not posses the appropriate software disks, drivers or product serial numbers, the customer will be charged for the time spent up to that point.
5. If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.
The customer will pay Dan the amount invoiced by the DAN technician. This amount is due to DAN from the time the invoice is first given or sent to the customer. DAN will attend the Customer’s premises for the agreed period, by the customer, prior to or at the commencement of the appointment. DAN will endeavor to diagnose and or remedy the problem(s) described by the customer, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of DAN attendance, DAN will discuss with the customer the options available. The customer may ask DAN to continue working on the problem(s), or make a further appointment. The customer may terminate the appointment at any time. On termination, the customer will pay DAN the amount incurred in respect of additional time, if any, beyond the first hour’s attendance. Payment is to be made in cash or by cheque or Electronic Fund Transfer. (provided the DAN technician is supplied with a printed copy of the completed transfer.) Credit card payment is accepted, however, DAN only accepts certain credit cards. Please enquire when booking your job which cards can be used. In the event of a default or dishonoured cheque or non-payment, DAN will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full.
1. DAN 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 ISP.
2. The customer hereby confirms that a full back up of the customer’s hard-drive has been made prior to DAN commencing The Services. The customer further confirms that there is no legal restriction or impediment to DAN providing Services to the customer.
3. DAN 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 Services provided by DAN or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify DAN in respect to loss, damage or injury arising from the provision of The Services. DAN has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.
DAN will maintain the confidentiality of the customer’s files and or data. DAN further undertakes not to provide any customer information to any third party, save in the event that it is lawfully required to do so. DAN reserves the right to refuse the provision of The Services for any reason. Including, 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. If, for such reason, DAN terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the DAN technician.
Goods provided by DAN:
DAN may make recommendations to the customer, or the customer may request that a product be provided by DAN, in order for DAN to perform The Services. All expressed or implied warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by DAN, are expressly excluded. DAN has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party, whether or not that product has been recommended to the customer by DAN. Any hardware, software or equipment provided to the customer by DAN shall remain the property of DAN until full payment is received.
Return Visit and Complaints Policy:
In the event of any dissatisfaction with The Service provided by DAN, the customer should immediately contact DAN on 0861-4-NERD. DAN will make an appointment for a return visit by the designated technician. The technician will endeavor to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of DAN, the Customer shall pay for the additional time incurred at DAN normal rates. If the problem arose directly as a result of DAN previous attendance no further charge shall be made.
Fair Use Policy in terms of our Unlimited Remote and Telephonic Support contracts:
Although we are able to provide unlimited remote and telephonic support for each user at the Customer, there is a ‘fair use’ limit of 3 separate tickets per device, per calendar month for unrelated incidents. As an example, if we need to repair the same computer for an ongoing problem or a particular repair is expected to take a long time the support is unlimited (subject to all other conditions), but should a single computer suffer varied unrelated problems the support is limited to three single tickets within a month. This is because numerous unrelated problems on a device are symptomatic of hardware failure and Dial a Nerd will make a recommendation to replace or repair subject to warranty terms.
Our Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as best as possible, causing as little disruption to you, your computer and your applications as possible but, given the repair options vary from “do nothing” to “wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances, Virus’ and Malware programmes are designed to cause as much havoc when removed as when in place, meaning the removal can often leave a computer in a more fragile state than when infected. In these instances, we will continue to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All Customers should ensure they have a working, reliable backup of all their data and important information before requesting any support, resulting in potentially ‘aggressive’ repair solutions.
The following exclusions are not counted as ‘unlimited’ and will be quoted and invoiced for separately:
- Training sessions (planned, groups or anything that requires more than 10 minutes dedicated instruction in total);
- New hardware or 3rd party software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required before any work carried out) ;
- Repeat faults as a direct result of end users ignoring recommendations provided by DAN;
- Faults with 3rd party software which DAN is not able or authorized to work with;
- General misuse by the Customer of the System, Hardware or Software;
- Any projects which fall outside of normal maintenance and support, each such project to be quoted and approved by the Customer separately
General Terms and Conditions of Trade
The clauses below form part of the Standard Terms and Conditions of the Service Provider and all services provided by the Service Provider are subject hereto.
- Where any term is defined within the context of any particular clause in these Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of these Conditions, notwithstanding that that term has not been defined in this definitions clause.
- These Conditions shall be interpreted in accordance with the following principles:
- a reference to a “person” includes a reference to an individual, partnership, company, close corporation, other body corporate, a trust, an unincorporated association or a joint venture and that person’s legal representatives, successors and permitted assigns;
- words importing the masculine shall include a reference to the feminine and vice versa and words importing the singular shall include a reference to the plural and vice versa;
- reference to a document includes an amendment or supplement to, or replacement or novation of that document;
- any reference in these Conditions to legislation or a statute shall be a reference to such legislation or statute as at the Signature Date and as amended, varied, re-enacted or replaced from time to time;
- the headings in these Conditions are for reference purposes only and shall not affect the interpretation hereof;
- if any provision is a definition and is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition (or such other clause), effect shall be given to it as if it were a substantive provision in the body of these Conditions;
- in the event that the day for performance of any obligation to be performed in terms of these Conditions should fall on a day which is not a Business Day, the relevant day for performance shall be the immediately succeeding Business Day;
- any number of days prescribed in these Conditions shall be determined inclusively of the first and exclusively of the last day;
- all monetary amounts are stated exclusive of VAT and in RSA Rand (or R), unless provided otherwise, and VAT is payable at the same time and in the same manner as is any other amount payable under these Conditions, where that amount is subject to VAT;
- the use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;
- the expiration or termination of these Conditions shall not affect such of the provisions of these Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration
- or termination, notwithstanding that the clauses themselves do not expressly provide for this;
- unless expressly otherwise stated, no provision of these Conditions shall constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a party to these Conditions; and
- the terms of these Conditions having been negotiated, the rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting thereof, shall not apply in the interpretation of these Conditions.
The Customer shall not be entitled to cede its rights and delegate its obligations under these Conditions to person without the prior written consent of the Service Provider.
- DISPUTE RESOLUTION
- Should a dispute occur between the Parties in regard to any matter arising out of these Conditions, the Parties agree that:
- if the dispute relates to any matter in respect of which a specific dispute resolution procedure is set out in this Agreement, the procedure set out in the relevant clause of this agreement shall be followed; or
- if the dispute relates to any other matter, it shall be referred to the managing director (or, if no such position exists, its equivalent designation) of each of the Parties concerned, or in the case of a natural person, such person, for resolution who shall endeavour to resolve that dispute in good faith and with due willingness and intention to determine a solution.
- If the managing directors (or persons of the equivalent designation) are unable to resolve the dispute in accordance with clause 1.2 within 21 days of having declared a dispute, the, subject to the other provisions of this clause 3, matter may be submitted by either party to and be determined under the auspices of and in terms of the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa, in Johannesburg and the costs of any such arbitration shall be determined by the arbitrator as part of his or her finding.
- The appointment of the arbitrator shall be agreed upon between the Parties, but failing agreement between them within a period of 10 Business Days after the arbitration has been demanded, any of the Parties shall be entitled to request the chairperson for the time being of the Arbitration Foundation of Southern Africa to make the appointment and, in making his appointment, to have regard to the nature of the dispute.
- The decision of the arbitrator shall be final and binding on the Parties, and may be made an order of any Court of competent jurisdiction.
- This clause 3:
- is severable from the rest of these Conditions and shall, notwithstanding the termination, cancellation, invalidity or alleged invalidity of these Conditions or any part of it for any reason, remain in full force and effect; and
- Should a dispute occur between the Parties in regard to any matter arising out of these Conditions, the Parties agree that:
- constitutes an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or to claim in any such proceedings that it is not bound by this clause 3.
- The Parties agree that the written demand by a Party to the dispute in terms of this clause3 that the dispute be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969.
- The provisions of this clause 3 will not preclude any Party from access to a competent division of the High Court of South Africa for urgent and/or interim relief pending the outcome of an arbitration in terms hereof or in respect of arbitration proceedings in terms hereof.
- GOVERNING LAW AND JURISDICTION
- These Conditions shall in all respects be governed by and construed in accordance with the law of the RSA, and all disputes, actions and other matters in connection therewith shall be determined in accordance with such law.
- Each of the Parties hereby consents and submits to the non-exclusive jurisdiction of the South Gauteng High Court for the purposes of all or any legal proceedings arising from or concerning this Agreement.
- Nothing in these Conditions shall prevent any Party from seeking relief on an urgent or interlocutory basis from any High Court of South Africa with jurisdiction.
- Each of the provisions of these Conditions shall be considered as separate terms and conditions and in the event that these Conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
- All costs, charges and expenses of any nature whatever which may be incurred by a Party in enforcing its rights in terms of these Conditions, including without limiting the generality of the aforegoing, legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable on demand from the Party against which such rights are successfully enforced and shall be payable on demand.
- No agreement varying, adding to, deleting from or cancelling these Conditions shall be effective unless reduced to writing and signed by or on behalf of the Parties.
- No extension of time, relaxation or indulgence granted by any Party to another shall be deemed to be a waiver or tacit amendment of that Party’s rights in terms hereof, nor shall any such relaxation or indulgence be deemed to be a novation or waiver of the terms and conditions of these Conditions.