IT SERVICES AGREEMENT TERMS AND CONDITIONS

This agreement is issued on behalf of WOW IT LIMITED

  1. 1. Your Acknowledgement and Acceptance

    • I understand that this Agreement is legally binding between me and WOW IT

    • I have given WOW IT my details in this Agreement, which are to the best of my knowledge true and correct.

    • I understand that WOW IT will collect and retain personal information from me for the purposes of processing my IT Services Plan (which may include a credit card and debit card details).

    • I understand that if I do not provide the information requested, my IT Services Plan Agreement may be refused.

    • I understand that I have the right to access my personal information held by WOW IT from time to time, and ask for my personal information to be corrected if necessary.

  2. 2. Disclaimer

    • You agree to let WOW IT to fix your computers or servers. WOW IT will perform and provide computer services, repairs, and upgrades as requested by the customer. WOW IT will conduct honest, reasonable, and considerate services. Our goal is to provide the highest quality of service and support, but specific results cannot be guaranteed.

    • Computer service/repairs are provided as a service. There may be circumstances under which your computer cannot be repaired. It will have to be rebuilt or upgraded. (Examples: Age of PC, repair/replacement parts obsolete memory chips, motherboards, etc.)

    • You understand that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. WOW IT will not be responsible for data loss nor will WOW IT be responsible for restoring lost data. (See clause 9 below)

    • You authorize the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted or uninstalled upon completion of the service (unless it was purchased).

  3. 3. Excluded Services

    Service rendered under this Agreement does not include:

    • The cost of any computer parts, hardware, or shipping charges of any kind.

    • The cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind.

    • The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind.

    • Our regular charges $79.00 (excl. GST) per hour will apply for any additional hours that spend on the repair of your computers or servers, if your nominated plan monthly hourly quota goes over in any given month.

  4. 4. Payment Terms

    • You pay for your IT Services Plan in advance each month by automatic payments or direct credit from a nominated bank account or credit card.

    • If you choose to pay by credit card, any fees charged for the transaction by your credit card provider will be deducted from your credit card at the same time as your regular payment.

    • If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day.

  5. 5. Late Payments:

    If you do not fully pay your fees on the due date, we will:

    • Charge you $ 5 late payment fee for each day.

    • The company has the right to suspend or terminate your agreement, if you do not pay full payment within 10 days of the due date.

  6. 6. Disallowed Payments

    • If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will first ask you to pay.

    • If you do not pay us, we will debit the payment to your nominated account or credit card again, with any other service fees you owe, on or before the next payment day. We will also charge you any transaction and administration fees that we may incur as a result of your nonpayment.

    • If payment is declined, there will be a $20 fee applied to your account.

  7. 7. Your Responsibility:

    You are responsible for:

    • Making sure that your nominated account is set up for Automatic payments or Direct Credit;

    • Making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day.

    • letting us know if you decide to change your bank and/or nominated account prior to any change being made;

    • letting us know if you decide to change your credit card or your credit card provider prior to any change being made and;

    • late payments and any associated charges in accordance with clauses 5

  8. 8. Termination

    • This contract shall be for an initial period of 24 months from the commencement date. Either party will have the right to terminate the contract by giving at least 30 days’ notice in writing to the other party to expire at the end of the initial period or at any time after that.

    • If you terminate this Agreement before the end of that initial period, you may have to pay early termination charges. You may obtain details of any early termination by contacting WOW IT Support representative.

  9. 9. Liability

    • Services are provided in an effort to fix, upgrade or repair the computers or servers for which you request such services.

    • Your system will not intentionally harmed. The primary goal is to fix your computers or servers; not to damage it.

    • In the case of accidental damage to your system, including data loss caused by already existing problems in your system such as viruses, poorly configured software, hardware problems or hardware failures; You agree to hold WOW IT and any person(s) associated with WOW IT or involved in the work being done for you harmless from damages resulting from such problems.

    • It is your responsibility to back up your data. WOW IT will not be responsible for data loss or any other damages (see above clause 2)

  10. 10. Law and Jurisdiction

    • These terms and conditions and the relationship between you and WOW IT shall be governed by and construed in accordance with the Law of New Zealand. WOW IT and you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

    • In signing this IT Services agreement, you confirm that the charges have been fully explained to you. You understand that you can cancel this support plan with one-month advanced notice to WOW IT at the end of your initial period (see above clause 8).