Acknowledgement and acceptance of terms of service
These Noel Leeming Tech Solutions Terms of Service (“service terms”) are provided to you (the “customer”) in connection with the Tech Solutions service that you have purchased (the “service”). These service terms comprise the entire agreement between the customer and Noel Leeming Tech Solutions (“Tech Solutions”) with respect to the service.
Payment
Unless stated otherwise in writing, all fees and charges are non-refundable. Tech Solutions may change the fees and charges or add new fees or charges by giving the customer notice in advance.
Modifications to service terms and service
Tech Solutions may change the service terms from time to time. Upon any such change, Tech Solutions will notify the customer by posting the changes to the website from which the service was purchased. Tech Solutions reserves the right to modify or discontinue the service with or without notice to customer. Tech Solutions shall not be liable to customer or any third party should Tech Solutions exercise its right to modify or discontinue the service. Customer’s use of the service constitutes an affirmative agreement by customer to abide and be bound by these service terms and its modifications.
Privacy policy
It is Tech Solution’s policy to respect the privacy of its customers. For information on our privacy practices, please review our Privacy Policy here or call 0800 44 44 88.
STANDARD TECH SOLUTIONS SERVICE
There are a number of service packages available:
- Standard device setup service, applicable on any of the following devices:
• Pc/notebook
• Apple mac/notebook
• Tablet/smartphone
• Printer/scanner
• Modem/router
• Streaming services
• External storage
• Media devices
• Software installation
1.1 Installation of any one applicable primary device for $179. Additional $109 fee is applicable for data transfer.
1.2 Installation of any 3 applicable devices for $288, includes data transfer.
1.3 Additional time is charged at $120 per hour or part thereof.
- Television and home theatre setup service packages:
2.1 Freestanding TV installation service starts from $199 provided that it is not being wall mounted.
2.2 TV (54" or below) wall mount and installation service for $349, includes cable concealment but excludes behind-the-wall concealment.
2.3 TV (55" - 79") wall mount and installation service for $399, includes cable concealment but excludes behind-the-wall concealment. Service to be delivered by two Tech Solutions installers.
2.4 TV (80" or above) wall mount and installation service for $449, includes cable concealment but excludes behind-the-wall concealment. Service to be delivered by three Tech Solutions installers.
- Standard set-up service packages include our five Tech Solutions customer promises:
3.1 Deliver and unbox your new devices.
3.2 Assess your Wi-Fi Network.
3.3 Get everything connected and set up.
3.4 Demonstrate how to use your new devices.
3.5 Take away any packaging.
Where agreed with you, we will provide products as part of a call out and subject to these service terms. Ownership of products remains with us until payment is made in full from cleared funds for the products.
Customer’s responsibility to back-up data
Customer agrees that prior to Tech Solutions servicing any customer equipment, it is the customer’s responsibility to (1) back-up the data, software, information or other files stored on the customer’s computer disk drives, peripherals, mp3 player, dvd player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from the customer’s product.
Customer agrees that whether or not customer requests back-up services from Tech Solutions and/or its third party service provider, neither Tech Solutions nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, dvds, film or other media.
General
Your facilities – to help us provide you with the service, you agree to allow Tech Solutions entrance and access to your premises. You agree to ensure you or a representative is on-site at the agreed time and for the duration of the service being undertaken. You or your representative must be over 18yrs of age.
To cancel or re-arrange a time for the service, you must advise us no later than 24 hours prior to the appointment time. If you do not cancel or re-arrange the appointment time, you may be charged a cancellation fee.
You will ensure that we have full access to any goods we have supplied to you, and to your (or, if applicable, the end user’s) computer system, device or equipment or any other technology item as required to perform the service.
You will provide all information (and that such information is complete, accurate and given in good faith), assistance and cooperation in order for Tech Solutions to perform our obligations.
Payment
Payment for the service, if not already made, must be made at the time of the booking.
Any other amounts payable under these service terms, including cancellation fees, will be payable immediately upon issuance of our invoice to you. Payment must be made in cash, eftpos, approved credit card or internet banking or as otherwise agreed.
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 in respect of any service we may have carried out on your behalf, 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.
Limitations to service
Tech Solutions shall not be liable for any failure or delay in performance due to any cause beyond its control.
Tech Solutions and/or its third party service providers reserve the right to refrain from providing the services ordered and instead refund customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the customer are unusual or extensive and beyond the scope of these service terms, as determined by Tech Solutions.
Indemnification
Customer agrees to indemnify, defend, and hold harmless Tech Solutions (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defence, settlement, and reasonable legal fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Tech Solutions by reason of, or arising from:
(a) customer’s breach of this agreement;
(b) customer’s actual or alleged infringement of any patent, copyright, trade mark, trade secret or other property or contract right of any other person;
(c) customer’s actual or alleged failure to promptly pay sums due Tech Solutions or third parties;
(d) customer’s failure to comply with applicable laws, regulations or ordinances; or
(e) the acts or omissions of customer (or its officers, directors, employees or agents).
Warranties
Tech Solutions warrants that it will use all reasonable skill and care in undertaking the services. Customer expressly agrees that use of the service is at customer's sole risk. The service is provided on an “as is” and “as available” basis.
Except as otherwise provided for in the Consumer Guarantees Act 1993 and the Fair Trading Act and subject to clause 8.1 of these service terms, 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.
c) 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.
d) You acknowledge that if the services or products are supplied for business purposes that the guarantees provided under in terms of the Consumer Guarantees Act 1993 do not apply.
Tech Solutions expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Tech Solutions makes no warranty that the service will meet customer’s requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does Tech Solutions make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.
Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at customer's own discretion and risk and that customer will be solely responsible for any damage to customer's computer/system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by customer from Tech Solutions or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to each customer.
It is the responsibility of the customer to back-up all data on computers and other devices; Tech Solutions will not be held liable for loss of any customer data.
Customer acknowledges that you are authorised to arrange the service, and in Tech Solutions providing the service our access to your premises, use of any equipment, technology, software or other material made available by you will not breach any third party rights.
Limitation of liability
Tech Solutions shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service, or for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the service, or resulting from unauthorised access to or alteration of customer's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Tech Solutions has been advised of the possibility of such damages.
It is the customer’s responsibility to back-up the software and data that is stored on the customer’s computers, hard disk drive(s), and/or on any other storage devices the customer may have, and Tech Solutions shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Tech Solutions shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to customer by Tech Solutions. Notwithstanding any language to the contrary, Tech Solutions’ maximum liability to the customer arising from or related to Tech Solutions’ service under this agreement shall be limited to the sums paid by the customer to Tech Solutions under this agreement during the three months prior to the time the cause of action arose.
Termination
Either the customer or Tech Solutions may immediately terminate the service upon written notice to the other party. Upon termination of the service, the customer's right to use the service immediately ceases. The customer shall have no rights and Tech Solutions will have no obligations regarding the service thereafter.
Laws
These service terms shall be governed by and construed in accordance with the laws of New Zealand. The customer and Tech Solutions agree to submit to the exclusive jurisdiction of the courts in New Zealand.
If any provision of the service terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The customer and Tech Solutions agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Our Tech Promise – we will get your products working or your money back!
Service terms
The following Service Terms apply to the Noel Leeming Tech Solutions Promise (“Tech Promise”):
- Tech Solutions (“we”, “us”) will get your products working or your money back.
- This Tech Promise is only applicable on products or services if they were purchased directly from Noel Leeming or Tech Solution. It does not apply to hardware supplied or purchased elsewhere.
- Money back is only the applicable Tech Solution service (not the total purchase). Noel Leeming’s standard Terms and Conditions apply to any products purchased either prior to or during the provision of the service.
- All products involved in any set-up, installation or upgrade must be in good working condition and fit for purpose – it will be used for at the time of the provision of our service.
- This Tech Promise is only valid for products we installed on your instruction to do so it must be at the original location of the service.
- Any claims made under this Tech Promise by you must be made within twenty eight (28) days of the date of provision of the service.
- Noel Leeming reserves the right to verify your claim in relation to the relevant service provided to you and to attempt to remedy the issue prior to providing your money back.
- This Tech Promise may be terminated or amended at any time without notice and is subject to Noel Lemming’s usual Terms and Conditions of trade.
- The information you provide to Noel Leeming Tech Solution will only be used to provide the requested service and Tech Promise to you or to discuss with you your Tech Promise claim.
Commercial Customer service terms
These service terms apply to our Tech Solutions Commercial partners, and apply specifically to those Commercial partners and any services provided to customers under the specific terms of our Commercial relationship.
If a customer is not satisfied with the Tech Solutions service provided we are committed to resolving this for the customer, therefore any revisit to a customer site will be arranged by Tech Solutions to ensure the services contracted to be supplied to the customer are up to reasonable standard, are satisfactory to the customer and comply with the commercial agreement between Tech Solutions and the Commercial partner (“vendor”).
Any future enquiries, concerns or questions customers who have been provided a service under a commercial agreement may have upon completion or post their Tech Solutions service will need to be directly to the vendor’s own Customer Care Team.
Payment
Payment terms for the Tech Solutions service are included within the commercial agreement, therefore no onsite payment is required from the customer.
However, any additional product or service requested by the customer and undertaken while onsite by Tech Solutions, is out of the scope of the commercial agreement and will require customer payment onsite at the time of service.
Additional Products or Services
Any product purchased by the customer outside of the commercial agreement will be covered under the Noel Leeming 14 Day Right of Exchange Policy, details available at www.noelleeming.co.nz. Customers will be informed of applicable rights at the time of their service and purchase.
Services purchased through our Commercial vendors will be subject to the terms and conditions of our Commercial agreements with those vendors
Any Tech Solutions services that may be purchased by the customer outside of the commercial agreement will be covered directly by our standard Tech Solutions Service Terms including our Tech Promise and money back guarantee.
Standard Tech Solutions services provided to our Commercial vendors customers
There are a number of service packages available:
- Standard device setup service, applicable on any of the following devices:
• Pc/notebook
• Apple mac/notebook
• Tablet/smartphone
• Printer/scanner
• Modem/router
• Streaming services
• External storage
• Media devices
• Software installation
1.1 Installation of any one applicable primary device for $179. Additional $109 fee is applicable for data transfer.
1.2 Installation of any 3 applicable devices for $288, includes data transfer.
1.3 Additional time is charged at $120 per hour or part thereof.
- Television and home theatre setup service packages:
2.1 Freestanding TV installation service starts from $199 provided that it is not being wall mounted.
2.2 TV (54" or below) wall mount and installation service for $349, includes cable concealment but excludes behind-the-wall concealment.
2.3 TV (55" - 79") wall mount and installation service for $399, includes cable concealment but excludes behind-the-wall concealment. Service to be delivered by two Tech Solutions installers.
2.4 TV (80" or above) wall mount and installation service for $449, includes cable concealment but excludes behind-the-wall concealment. Service to be delivered by three Tech Solutions installers.
- Standard set-up service packages include our five Tech Solutions customer promises:
3.1 Deliver and unbox your new devices.
3.2 Assess your Wi-Fi Network.
3.3 Get everything connected and set up.
3.4 Demonstrate how to use your new devices.
3.5 Take away any packaging.
Where agreed with you, we will provide products as part of a call out and subject to these service terms. Ownership of products remains with us until payment is made in full from cleared funds for the products.
General
Your facilities – to help us provide you with the service, you agree to allow Tech Solutions entrance and access to your premises. You agree to ensure you or a representative is on-site at the agreed time and for the duration of the service being undertaken. You or your representative must be over 18yrs of age.
Customer’s responsibility to back-up data
Customer agrees that prior to Tech Solutions servicing any customer equipment, it is the customer’s responsibility to (1) back-up the data, software, information or other files stored on the customer’s computer disk drives, peripherals, mp3 player, dvd player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from the customer’s product.
Customer agrees that whether or not customer requests back-up services from Tech Solutions and/or its third party service provider, neither Tech Solutions nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, dvds, film or other media.
Vendor must ensure that the Customer is advised of and understands that back-up of data is the customer responsibility and risk.
Limitations to service
Tech Solutions shall not be liable for any failure or delay in performance due to any cause beyond its control.
Tech Solutions and/or its third party service providers reserve the right to refrain from providing the services ordered and, upon advice of this to the vendor, instead refund customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the customer are unusual or extensive and beyond the scope of these service terms, as determined by Tech Solutions.
Warranties
Tech Solutions warrants that it will use all reasonable skill and care in completing the services within the agreed professional commercial agreement. Vendor must ensure that the Customer expressly agrees that use of the service is at the customer's sole risk. The service is provided on an “as is” and “as requested” basis by Tech Solutions within the agreed timeframes and guidelines as stated in the commercial agreement. Refer to the specific Commercial Agreement for further information.
Liability and Indemnities
Refer to the specific Commercial Agreement for further information.
General
To cancel or re-arrange a time for the service Tech Solutions requires advice of this change no later than 24 hours prior to the appointment time. If Tech Solutions is not advised of cancellation or re-arrangement of the appointment time within this timeframe you may be charged a cancellation fee.
Vendor will ensure that we have full access to any goods supplied for the purposes of fulfilling the service, as well as appropriate access to (or, if applicable, the end user’s) computer system, device or equipment or any other technology item as required to perform the service.
Vendor will provide all information (and that such information is complete, accurate and given in good faith), assistance and cooperation in order for Tech Solutions to perform our obligations.
Tech Solutions Helpdesk
HELPDESK SUPPORT SERVICES AND ASSISTANCE FROM NOEL LEEMING TECH SOLUTIONS (“TECH SOLUTIONS”) ARE PROVIDED ON THE FOLLOWING BASIS:
1. SERVICES
The Helpdesk service is an annual subscription service OR a one-off support service that provides computer, device and technology assistance over the phone and / or through remote access where we deem it is required.
As a subscriber, you can call Helpdesk as often as you like, subject to our Fair Use Policy outlined below in section 5.
One-off support is provided on a per-incident basis subject to our Fair Use Policy outlined below in section 5. Multiple incidents per call, with each requiring support will be charged for accordingly.
You will be able to access Helpdesk Services and talk to a phone-based technical specialist between the hours of 9am – 5:30pm Monday to Saturday. The Helpdesk Service is available on Saturdays, however is closed on Sunday's and statutory public holidays. Helpdesk Services are provided in the English language and within New Zealand only.
At the commencement of a phone call to Helpdesk, we will endeavour to diagnose the problem described by you, however we cannot guarantee our diagnosis will necessarily be accurate.
Scope of Services offered by Helpdesk include but are not limited to:
• Advice with a range of products including computers, tablets, smart phones, TVs, Home audio, modem/routers, printers and some appliances
• Assist with error messages
• Schedule tasks
• Attempt to locate lost files
• Update, extend or renew software including anti-virus software
• Diagnose reasons for a non-performing or badly performing device or appliance, and if possible provide a fix
• Update or fix device settings
• Repair software corruptions
• Help with operating a device or appliance
• Configure / reconfigure a device
• Set up security measures
• Set up and fix email apps and accounts
• Install/remove software
• Malware / virus assessment and basic removal where possible
• New computer purchasing advice and guidance
• Preventative maintenance
• Basic to advanced technology tutorials
To enable us to provide these Services to you:
(a) you must provide us with all information, assistance, and co-operation that we may reasonably require to undertake the Services;
(b) you must be present over the phone when required while we provide the Services;
We will use all reasonable endeavours to achieve your objectives by providing our Services but we do not make any guarantee, express or implied, that the objectives of the call will be achieved and we will not be liable for any failure to meet the objectives.
We will always attempt to answer your call as quickly as possible, however upon exceptional circumstances of heavy demand, we may have to take your details and call you back which we will make at least one attempt to do within the same day.
2. EXCLUSIONS:
Helpdesk Services are available to home and residential customers only and are not offered to corporate or commercial customers, or any customer using the Services for commercial purposes.
Use of a Helpdesk subscription is limited to a single household and is intended for personal computers and peripheral devices of the subscriber and spouse / immediate family. It cannot be used for devices belonging to friends or extended family, or for devices assigned by an organisation or school.
Please note that Helpdesk Services may be unable to assist with:
• Internet issues or ISP problems
• Faulty hardware
• Network troubleshooting or servers
• Linux, Chrome, pre Windows Vista, pre OSX 10.7 operating systems
• Complicated malware removal
• Reset passwords if forgotten
• Installation of hardware
• Data recovery
• Hosting, reselling of domain names, and web design
• Database configuration or maintenance
• Programming
• VoIP / IP based PBX services
• Security (Alarm) systems / CCTV
• POS software
• IPTV
One-off support sessions cannot be sold or assigned to any other person. In the event where we cannot fix the problem and our technical specialist has exhausted all reasonable options, they may offer a refund at their complete discretion up to the amount paid for the session.
Subscriptions are non-transferable, cannot be sold or assigned to any other person, and are non-refundable.
3. REMOTE ACCESS SUPPORT:
Where it is appropriate to use Remote Access Support, you agree that our technical specialists are entitled to access your equipment remotely to provide you with the Services. Remote Access Support is only available in relation to a Remotely Accessible Device. Remote Access Support will be used only where we deem it suitable for your specific Remotely Accessible Device issue. Where we deem appropriate, you agree that our technical specialist is entitled to access your Remotely Accessible Device and provide you with the Remote Access Support. All component parts of your Remotely Accessible Device must be fully working and fully assembled. Furthermore, your Remotely Accessible Device must have access and a sustained connection to the internet in order to avail yourself of the Remote Access Support. Depending on your internet connection type, speed, and plan we may not be able to provide remote access support over dial-up, rural broadband or mobile internet connections.
4. CONFIDENTIALITY AND PRIVACY:
We will keep a record of all contact and communication between yourself and Helpdesk, including details of your devices and equipment, however we will NOT keep a record of your passwords unless you request otherwise. All calls are recorded in order for us to provide the best service to you.
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.
You authorise us to collect, retain, use and provide to our staff and agents any personal information about you for the purposes of meeting our obligations to you, and enforcing our rights against you.
We reserve the right to limit the length of a call, particularly once we have provided all the help that we are able to over the phone or via remote assistance.
5. FAIR USE POLICY:
All one-off customers and subscribers to the Helpdesk Service are subject to this Fair Use Policy.
One-off Customers:
Your usage of Helpdesk Services must be fair, reasonable, and each incident must be resolvable within 2 hours. Any time overruns may incur extra charges at the complete discretion of our technical specialist.
If your access to Helpdesk Services are limited, or refused altogether under this fair use policy, any pre-paid service charges are non-refundable.
Subscribers:
Your usage of Helpdesk Services must be fair, reasonable, and not deemed excessive by us with reference to average and/or estimated typical customer usage of Helpdesk Services.
If, in our reasonable opinion, we think your usage of the Helpdesk is unfair, we may refuse or limit your access to the Services. We consider excessive use to be a continuing and unreasonably disproportionate use of the service when compared to other users.
To ensure we do not unreasonably restrict our customers, these steps will be followed if we consider an account to be showing excessive use:
• Month 1: Tech Solutions may contact individual Members identified as having excessive usage compared with the average usage of all Helpdesk subscribers, to discuss their usage needs. Where a peak in usage occurs but is not expected to continue, no alternative arrangements are necessary.
• Month 2: If the excessive usage continues in a second month, a second contact may be made to discuss an alternative plan.
• Month 3: If the excessive usage continues into the third month, the customer may be informed that their access to Helpdesk Services will be limited, or refused access altogether.
If your access to Helpdesk Services are limited, or refused altogether under this fair use policy, your subscription is non-refundable.
6. WARRANTY
Tech Solutions warrants that all reasonable efforts and care will be made to undertake support services in a professional manner. All statements, technical information, recommendations and solutions made by Tech Solutions and / or the manufacturer are believed to be reliable, but do not constitute a guarantee or warranty express or implied by us to you.
To the extent permitted by law, the express warranty and remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, tech solutions specifically disclaim any and all statutory or implied warranties, related to or arising in any way out of these terms, including any implied warranty or merchantability or fitness for a particular purpose.
You warrant that you are authorised to access the use of the computer or devices, software, information or other material made available by you and that by doing so, will not breach any third party rights.
7. LIMITATION OF LIABILITY
While our phone based technical specialists will strive to keep their diagnosis and solution as accurate as possible, there may be a requirement for an on-site technician visit. Under these circumstances, additional cost may apply at standard Tech Solutions onsite service rates.
The liability of Tech Solutions and of its suppliers shall be limited to the total value of the helpdesk annual support plan, or if you have no helpdesk annual support plan, $19 per incident (incl. GST).
Except as provided above, in no event shall Tech Solutions have any liability for any direct, indirect, special, incidental or consequential damages, including but not limited to damages for lost profits, loss of data, loss of use or equipment or facilities, or interruption of business, arising in any way out of these terms and conditions under any theory of liability, whether or not Tech Solutions has been advised of the possibility of such damage.
This agreement is governed by the laws of New Zealand.
These Terms and Conditions are subject to change at any time and without notice.
