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My Dorks Delivered PC Subscription, Mac Subscription Terms & Conditions
The terms and conditions set out below, together with our Privacy Policy (a copy of which can be found here)(PC Subscription, Mac Subscription Agreement) govern your subscription for my Dorks Delivered services (my Dorks Delivered Subscription) and form a binding agreement between us and you.
Further information is found on our website located at www.dorksdelivered.com.au.
Term: My Dorks Delivered Subscription Agreement commences the day that you sign up for your Dorks Delivered Subscription service and expires 12 months later, unless terminated earlier. Other than in specific circumstances if Dorks Delivered are in breach of our obligations, you have no right to terminate this Subscription Agreement at will.
Obligations to you: Provided that all requirements in clause 4 are completed at all relevant times, we will provide you with the services outlines in clauses 1 and 2 during the term of this Subscription Agreement.
My Dorks Delivered Subscription services are available during the term of this Subscription Agreement by ringing 1300 85 DORK (1300 853 675) during the hours outlined in clause 3a
1. My Dorks Delivered Subscription services are remote or over-the-phone support services to help:
a. Troubleshooting issues with your Nominated Computer by:
I. Diagnosing the issue
II. Providing advice on simple fixes and
III. If appropriate
A. Reinstalling software
B. Removing appropriate files and programs
C. Scheduling a defragment of the hard drive or
D. Analysing the nominated system's start up process
b. Remove viruses and spyware from the nominated system and update existing Internet security installation
c. Networking the nominated system by
I. Troubleshooting the existing home network to establish the issue
II. Connecting the computer to the existing home network
III. Configuring the computer to access already existing shared directories or printers on the network and
IV. Ensuring you can access the internet through your network
d. Install new devices on the nominated system by
I. Showing you how to install hardware on your computer
II. Showing you how to install software programs on your computer
III. Showing you how to install relevant drivers and software to make the device work and
IV. Testing your hardware to ensure it is working correctly
2. Exclusions: The my Dorks Delivered Services do not include
a. Advanced network services such as configuring port forwarding, connecting the system to a virtual private network or installing new network equipment
b. Back-up services
c. Database design, programming, scripting or web development
d. Fixing issues inherent and ingrained in specific types of software
e. Hard drive formatting
f. Installation of hardware that requires an on site visit to install
g. Installation of internal hardware
h. Occasions where the compatibility of the system to the software is in question
i. Occasions where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to an issue
j. Occasions where the system configuration is not supported by the manufacturer of the device/application or is invalid
k. Onsite services
l. Operating system installation
m. Parts, labour or other costs associated with the repair of the nominated system
n. Provision of new or replacement hardware or software
o. Set up of new networks
p. Software upgrades or new software releases
q. Training or instruction on how to use features of software, other than what is required to address the present technical issue
r. Virus and spyware removal when the nominated system is not running up to date licensed and paid for anti virus and anti spyware software
3. My Dorks Delivered Remote Subscription services are
a. Only available from 8am until 10pm (AEST) Monday to Friday and from 9am until 6pm (AEST) on Saturdays and Sundays
b. Available to a single nominated home system only (nominated system) via Dorks Delivered remote access tool, connected to your nominated system using your broadband connection
c. Remote telephone support services only
You may only change your nominated system
I. By requesting that transfer in writing and
II. If that computer has been disposed of and replaced with another computer
4. Your obligations, you must
a. Back-up all files that you wish to maintain before you Request My Dorks Delivered Remote Subscription service
b. Be an Australian resident who is physically located in Australia, with your nominated system at the time of your call
c. Comply with the fair use policy set out in clause 7
d. Ensure the nominated system
I. Has legitimate copies of all software
II. Has the latest operating system updates installed
III. Has the most up to date service pack installed on it, and in any event within 3 months of that release date
IV. Is running up to date, licensed and paid for anti virus and anti spyware software
V. Meets the minimum hardware specifications for running Windows XP or Windows Vista
VI. Must have all installation disks/media and product keys are ready to use when you ring Dorks Delivered
VII. Runs Windows XP or Windows Vista as its operating system
e. Follow and accept instructions, suggestions and advice of our expert technicians during calls
f. Follow instructions to download necessary software on your nominated system to enable the remote access tool to connect
g. Have "administrator" permissions and access to the nominated system
h. Have a broadband connection, with a minimum connection speed of 256k, permitting Dorks Delivered to connect our remote access tool to your nominated system
i. Provide your subscription details when you request My Dorks Delivered Remote Subscription service
5. Consents and authorisations
a. You consent to Dorks Delivered accessing and controlling your nominated system using our remote access tool in order to provide the My Dorks Delivered Remote Subscription services
b. You hereby authorise any and all access to, impairment to your data or modification of, systems or electronic communications that occurs as part of the My Dorks Delivered Remote Subscription services and agree that we are entitled to carry out the My Dorks Delivered Remote Subscription services in accordance with this Subscription Agreement
c. You hereby permit and licence Dorks Delivered to use and reproduce any and all copyright material contained on your nominated system (including its systems, programs and data) for the sole purpose of providing you with the My Dorks Delivered Remote Subscription services
d. You warrant to Dorks Delivered that, at all times during the term of this Subscription Agreement
I. You are the owner or have the right to control the use of the nominated system
II. You are the owner or the licensee of all copyright subsisting in the system, programs and data of the nominated system
III. You have the right to grant the consents, permissions and licences granted in this clause
e. You acknowledge that specific issues cannot be fixed through remote support
6. Your Subscription Fee is payable by credit card only, at the time that you sign up for your my Dorks Delivered Remote Subscription service
7. Dorks Delivered fair use policy:
Excessive, fraudulent or unreasonable use of the My Dorks Delivered Remote Subscription service may impact the reliability and quality Dorks Delivered services. To ensure this does not occur, you must not
a. Issue multiple service requests created by a lack of regular maintenance
b. Issue repeat service requests caused by your failure to act on Dorks Delivered recommendations
c. Use the My Dorks Delivered Remote Subscription service in a fraudulent manner
8. Dorks Delivered privacy policy:
Any personal information collected by Dorks Delivered will be dealt with in accordance with Dorks Delivered Privacy Policy
9. Liability:
To the full extent permitted by law, Dorks Delivered expressly exclude all conditions, guarantees, representations or warranties (whether express or implied) under equity, prior dealings between you and Dorks Delivered, statute law, trade custom, or otherwise in respect of goods and/or services that may be provided by Dorks Delivered to you under this Subscription Agreement. To the full extent permitted by law, Dorks Delivered will only be liable to you up to the amount of the fees and charges paid by you to Dorks Delivered under this Subscription Agreement
Some warranties and guarantees are implied by law, and cannot be excluded by Dorks Delivered, except to a limited extent. To the extent we can limit such liability, we limit our liability to
a. In the case of goods, at our election, to the cost of
I. Payment of the costs acquiring equivalent or replacing the goods
II. Repair of the goods or payment of the costs of having the software repaired
III. Replacement of the goods
IV. Supply of equivalent goods
b. In the case of services supplied to you, at our election, to the cost of
I. Providing the services again
II. The payment of the costs of having the services provided again
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.
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