Customer Terms and Conditions

Legal stuff you need to know about Dorks Delivered

Dorks Delivered (ABN 89 023 607 782)

Our website is located at www.dorksdelivered.com.au.

The terms and conditions set out below, together with Dorks Delivered Backup Consent Form, Computer Release Form and Privacy Policy (collectively "Terms"; each subject to amended without notice) govern Dorks Delivered relationship with you, the customer.

When requesting Dorks Delivered services, you acknowledge that you have read and understood the Terms. We may further request that you sign a form acknowledging this.

References to "we", "us" and "our" in the Terms are references to Dorks Delivered Pty Ltd, its related companies, its employees, contractors or agents.

1. What we do

Our services are provided by

• Onsite services - visiting your home
• Remote services - phone support or remote connection

As part of our services we may

• Provide sale services - sell you specific equipment, hardware or software. Such services are subject to Dorks Delivered Terms of Sale
• Remove your hardware, and continue service at our base. Before removing your hardware, you must sign Dorks Delivered Computer Release Form

Our services will be available during specified service hours set out on our website.

Dorks Delivered services are designed to meet the needs of home users, including home businesses (SOHO), as well as small to medium sized companies. If you are unsure of your specific situation, please discuss this with our technicians before booking our services. In instances where you are enquiring about a work computer and do not have administration rights, our ability to provide specific services may be limited. If you are unsure of your specific situation, please discuss this with our technicians before booking our services.

Information relating to our service descriptions and price lists is available at our website. These service descriptions and pricing structure are subject to change without notice.

Dorks Delivered may provide you with hardware or software by a third party manufacturer. Under this situation, you acknowledge to comply with our reasonable requests and directions to enable our technicians to comply with our obligations to such third parties.

2. What We Need From You

To enable us to provide you with our best services, it is imperative you follow certain directions requested by our expert technicians before providing our services. If you are unable to complete these directions, we may not be able to provide our services to you without a risk of losing valuable data. In the event that we are to perform onsite services and you were unable to complete our technicians directions before our arrival, you may be charged a $99 cancellation fee (subject to change without notice).

2. 1 Software

If you would like our technicians to install pre-purchased software you must provide our technicians with all installation disks for your operating system or software as well as all product keys for the software.

2.2 Backing up your software or data

Dorks Delivered does not take responsibility for the loss of or damage of software data contained on your system. You acknowledge and agree that it is solely your responsibility to back up all software and data that is stored on your system's hard drive(s) and/or any other storage devices before our technicians provide any services to you (including remote services). If you are unable to backup your data, Dorks Delivered can provide this service for you as part of our onsite services if a "Back Me Up" service is requested. This service is pursuant to these Terms (including the Backup Consent Form). If you choose not to backup your data you acknowledge that you are doing so at your own risk and agree that Dorks Delivered will not be responsible at any time for any alteration, corruption or loss of data or files relating, either directly or indirectly from the provision of our services.

3. On-site Services

Dorks Delivered onsite services involve our technicians visiting your hone or another location specified. On booking any of our onsite services you acknowledge and agree that you have read and understand these Terms.

You acknowledge and agree that person over the age of 18 years will be present for the duration of the provision of our onsite services.

Your acknowledge and agree that you will provide our Dorks Delivered technicians with access to the areas of your location necessary to provide services, necessary passwords to your system, a safe working environment and working space, electrical power and Internet access (if necessary).

You acknowledge and agree that if our Dorks Delivered technician arrives at your location and such things are not provided, we may not be able to provide you with our services and you may be charged a $99 cancellation fee (subject to change without notice), as well as potentially rescheduling the appointment.

4. Remote Services

Dorks Delivered remote services involve our technicians providing services over the phone or using a remote access tool. On booking any of our remote services you acknowledge and agree that you have read and understand these Terms. All over the phone services require credit card payment prior to commencement of the service.

In specific circumstances we will not be able to provide remote services unless our technicians are given remote access to your system. We cannot gain access to your system remotely unless you give our technicians permission to do so and until you downloaded specific software to allow us to do so. When you download our remote access software you agree to our Terms and any other terms and conditions relating to that software.

When remotely accessing your computer, we respect your confidentiality and privacy of your information.

5. We respect your privacy and the confidentiality of your information

When providing you with services, it is sometimes unavoidable to access, or copy your personal and confidential information. Dorks Delivered is bound by privacy and confidentially legislation, and acknowledges and agrees to collect, use and disclose of your information in accordance with these Terms, including Dorks Delivered Privacy Policy and the law. You retain all rights to your information and other than permitted by these Terms, Dorks Delivered will not use your information without your consent. We will retain all such information confidential and other than as permitted by these Terms, we will not disclose your private information to any third party without prior written consent by you.

Permitted collection, use and disclosure

You acknowledge and agree that we may collect, use and disclose information (including personal information about you) in accordance with the terms of Dorks Delivered Privacy Policy, including

• for all instances associated with the provision of services (including disclosure to third parties who referred you to us)
• for instances of communicating with you about products and services which we, our partners or affiliates may provide to you
• where we are required to disclose such information as a matter of law

When providing personal information, you retain the choice as to whether or not you wish to receive further information about special offers, promotions and changes to our products and services. Please allow 28 days for your request to be processed. If you do not indicate a preference, Dorks Delivered will assume consent to have been given to contact you in regards to providing further information relating to Dorks Delivered products and/or services. Consent is taken to apply until such time that you inform us otherwise.

6. Service charges and payment

All payments for services must be by made within 30 days of the appointment date. If all monies are not paid before this time Dorks Delivered reserves the right to charge additional interest at 18% APR on all Past Due Invoices.

A $ 99 cancellation fee (subject to change without notice) may be payable upon cancellation of our service request, where at least 4 hours notice of such cancellation is not given.

If additional hardware and software is supplied, you will be charged for such hardware or software.

Service guarantee

If you are unsatisfied with Dorks Delivered service, please call 1300 85 DORK (1300 853 675) for assistance.

Dorks Delivered hold a no NO FIX, NO FEE guarantee, that is, if we cannot provide you with a solution to your issues, we will not charge you for services rendered. In the event that the solution is to upgrade or replace your hardware or software, and you choose not to do so, you acknowledge and agree that Dorks Delivered has met our commitment to you by providing a solution.

Dorks Delivered holds a 5 day warranty for all remote and over the phone technical support and 30 days for all onsite technical support. If you encounter an issue with the services provided within the stated time frame and our expert technicians analyse the issue to indicate that our services were not performed satisfactorily, we will provide a solution to your issue within any additional cost to you. If an issue arises and you do not notify us within the appropriate time frames, Dorks Delivered reserves the right to implement a solution strategy free of charge.

You acknowledge that some issues may be caused by underlying complications, not initially analysed. You acknowledge and agree that if an issue arises within the warranty period, if may be unrelated to the work of Dorks Delivered and therefore we are not obligated to upkeep our service guarantee.

Dorks Delivered reserves the right to on-sell equipment, hardware and software on behalf of a third party manufacturer or licensor. If there is an issue with any equipment, hardware or software we provide you, a replacement or repair may rest with the manufacturer or licensor of such items. For more information refer to Dorks Delivered Sales Services terms.

Dorks Delivered does not warrant the operation of any software installed or service to be uninterrupted or error free. You acknowledge and agree that software, including your software, may contain ingrained and inherent errors, which may subject your system to unexpected issues. As a result you acknowledge and agree that your use of such software may be subject to a third party licence.

Dorks Delivered further reserves the right to discontinue any and all services if, in our technicians reasonable opinion the minimum system requirements do not meet our technical requirements.

• Our technician believe your equipment is beyond reasonable service repair
• Our technician is concerned for their safety
• Any other factor or event beyond our reasonable control preventing our technicians from providing services

Our Liability to you

To the full extent permitted by law, and subject to Dorks Delivered service guarantee, we exclude all conditions, guarantee, representations and warranties (whether express or implied) under equity, law, trade custom, statute, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms.

To the full extent permitted by law, Dorks Delivered sole liability to you in regards of the services provided is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service subject to liability.

Specific guarantees and warranties are implied by law, and cannot be excluded by Dorks Delivered, except to a limited extent. To the extent Dorks Delivered can limit such liability, we limit our liability to (at our election)

• in the case of goods, at our election, to the cost of
  • Payment of the costs acquiring equivalent or replacing the goods
  • Repair of the goods or payment of the costs of having the software repaired
  • Replacement of the goods
  • Supply of equivalent goods
• in the case of services supplied to you, at our election, to the cost of:
  • Providing the services again
  • The payment of the costs of having the services provided again

These Terms do not exclude or modify any liability either party may hold for fraud, deceit, for death or personal injury caused by the negligence or the wilful misconduct of either party.

To the full extent permitted by law, under no circumstances will Dorks Delivered, any related entities or any third party provider engaged by Dorks Delivered be liable to you or any other person for any direct, indirect, incidental, consequential or special damages, costs, expenses, lost or corrupted data, lost savings or earning, profits, or other liability arising out of, or related to, the services or goods provided by Dorks Delivered.

General

1. Dorks Delivered Pty Ltd currently charges $100 per hour plus GST for Graphic Design.
2. Web Design and Development are charged on a per project basis.
3. Charges for Graphic Design are made in 15 minute increments, with time billed to the nearest 15 mins.
4. A 50% or $100 deposit (whichever is greater) will be required before the commencement of any design work.
5. Any project that extends beyond 30 days will be part invoiced.
6. All final payments are due 10 days from date of invoice.
7. Commencement of any new project cannot proceed until all existing invoice are paid to date.

Quotes

1. All quotes are valid for 30 days from date noted on supplied quote.
2. Once expired a new quote will be issued upon request.
3. All prices quoted are excluding GST and delivery costs.
4. Quotes are based on client’s original brief and therefore any changes to brief as the project develops will incur additional costs.

Deposits – Graphic Design and Web Design

1. A 50% or $100 deposit (whichever is greater) will be required before the commencement of any design work.
2. Deposits are non-refundable.
3. Final payment will be required with 7 days from date of final invoice.

Printing

1. Full payment is required in advance of any printing undertaken by Dorks Delivered Pty Ltd.
2. An invoice will be issued for the full print amount – only when full funds have cleared we will proceed to print.

Cancellations

1. If a project is cancelled after approval to start and no proof yet supplied a 50% cancellation fee will be issued (if a 50% deposit has been paid then this is non-refundable and will act as the cancellation fee).
2. If a proof has been supplied and the project is then cancelled the full quoted price or 100% of the full design value will be payable by the client.

Delivery

1. Our minimum delivery charge on all orders is $15.00 plus GST.

Stock Photography

1. Stock Photography can be sourced at a search fee of $60 per hour plus GST.
2. Downloaded Web images start at $10.00 per image plus GST.
3. Downloaded Print images start at $25.00 per image plus GST.
4. Downloaded Vector Images start at $50.00 per image plus GST.

Web Design

1. All web design templates and layouts are produced in house by Dorks Delivered Pty Ltd or purchased.
2. Minimum lead times for web design is 5 working days.
3. All image and text must be supplied by clients (or see our charges for stock images).
4. Dorks Delivered Pty Ltd can organise the services of copy writers at additional charge – please ask for details.

Web Development

1. All our web development is sub-contracted (within Australia).
2. Minimum lead times for web development is 10 working days.
3. Updates to existing sites have a lead time of 3 – 5 working days.
4. A minimum charge of $100 plus GST (1 hour) applies to all web updates where our developers are involved.
5. If Dorks Delivered Pty Ltd feel that your requirements would be best suited to dealing with our developers directly we will organise for them to contact you.

Misc

These Terms are governed by and construed in accordance with Queensland Laws and are subject to change without notice.