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BNZ:
WHIP I.T.
02-0800-0987763-000

This document sets out the Terms and Conditions upon which WHIP I.T. will provide you Services or Products ...

By arranging a Call Out with us, you agree to be bound to these Terms and Conditions.

1. DEFINITIONS

1.1 In these Terms and Conditions: “Call Out” means a single on-site visit made by us for the purpose of providing Services and/or Products. “Fees” means, for each Call Out, the incremental Fee set out as per our pricelist (available at www.whipit.nz) plus any Product fee/s “Products” means any hardware, software or other products provided by us “Services” means the on-site maintenance, support and/or consulting services reasonably requested by you and provided by us during a Call Out “Terms and Conditions” means these terms and conditions “we”, “us” or “our” refer to our business trading as ‘WHIP I.T.’ “you” or “your” refers to the customer and employees, or any person acting on behalf of and with the authority of the customer that requested the Call Out.

2. CALL OUTS

2.1 Where you have arranged a call out, we will attend the premises at the arranged time to carry out the services requested by you.

2.2 Cancellations of call outs – You must inform us at least one hour before your appointment time if you need to cancel your visit. If you are not present at the time of the appointment you may be charged a cancellation fee to cover travel time.

3. PAYMENTS

3.1 We will invoice the chargeable fees within 7 or 14 days of your appointment, and in some cases, can provide an invoice at the end of an appointment.

3.2 You agree to pay the amount payable in full on or before the due date listed on the invoice. 3.3 Payments must be made by cash, bank transfer, EFTPOS or credit card.

3.4 If you do not pay on time, you must pay interest at the rate of 30% per annum, until the debt is paid in addition to any costs associated with debt collection costs.

5. WARRANTY INFORMATION

5.1 We will always use reasonable care and skill while carrying out our Services.

5.2 Products we provide and/or install will be subject to the manufacturer’s warranty.

5.3 No warranty is given for Products where any failure or defect results from:
a) Improper storage or handling by you, your employees, agents or customers.
b) Use, installation or modification of the Product/s that is in breach of the manufacturer’s warranty guidelines.
c) Fair wear and tear on the Product/s.
d) Failure to maintain the Product/s as described by the manufacturer or us.

5.4 You warrant that you are authorised to arrange each Call Out, and in our providing the Services or Product/s our access to the premises, use of equipment, software and information is not in breach of any 3rd party rights.

5.5 All statements, technical information and recommendations made by a manufacturer and/or us about the Services are believed to be reliable, but do not constitute a guarantee or warranty express or implied by us to you. 

6. LIABILITY

6.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and other statutes may apply warranties and conditions or impose obligations upon us which cannot by law be excluded or modified. In respect of these implied warranties, conditions or terms imposed on us, our liability shall, where allowed, be excluded. If not able to be excluded, only apply the lesser of the minimum extent required by the relevant statute or the fees paid under invoice for the Product/s or Services.

6.2 Except as otherwise provided in clause 6.1 in no event will we be liable to you for:
a) Loss of profits, savings, goodwill or opportunity, loss or corruption of data
b) Loss, damage, cost or expense of any kind whatsoever which is indirect, consequential or of a special nature, arising directly or indirectly from any Services or Product/s supplied by us to you

6.3 It is your responsibility to have a reliable back up of your data.

6.4: In no event will we be liable to you, other than the extent permitted by law, for:
a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or
b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.

6.5 We are not responsible for any losses you may suffer arising from your use of (or failure to use) any anti-virus software.

7. CONFIDENTIALITY AND PRIVACY

7.1 We will maintain as confidential and secret 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 Service.

7.2 This obligation does not apply for information available in the public domain or that is known to us without breaching any obligation to you or that we are required to disclose by law.

7.3 You authorise us to collect, retain, use and provide to staff members of WHIP I.T. any personal information about you for the purposes of credit approval, meeting our obligations to you and enforcing our rights against you.

7.4 We will take reasonable and practicable steps to ensure the storage of your data and content is secure and free of malware.

8. TERMINATION

8.1 We may immediately terminate the agreement between us if we consider:
a) You are in breach of these Terms and Conditions
b) There is a threat to the safety of our staff or agents
c) There is the presence of unlicensed or illegal software
d) Your equipment contains any pornographic, obscene, offensive or illegal content
e) You are insolvent, bankrupt, in liquidation or unable to pay your debts.

8.2 If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.

9. GENERAL INFORMATION

9.1 We are not liable if there is any breach, delay or failure resulting from Force Majeure or other Act of God.

9.2 A current copy of our Terms and Conditions are made available at www.whipit.nz/policies

9.3 The New Zealand law governs the formation, validity construction and performance of these Terms and Conditions.

10. REMOTE ACCESS

10.1 Remote access to your computer is conducted using TeamViewer software and our own TeamViewer agent.

10.2 We will never remotely access your computer without your prior consent. Our agent requires an operator to accept requests for remote control by default. Only with your prior permission will this be installed to allow unattended access.

10.3 TeamViewer traffic is secured using RSA public/private key exchange and AES (256-bit) session encryption. This technology is used in a comparable form for https/SSL and is considered completely safe by today’s standards.

10.4 TeamViewer is a 3rd party product, and use of this product by us and you is subject to their own privacy policy and EULA.

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