Clough IT Solutions (ABN: 89 671 216 088) Terms & Conditions

This document contains the terms of agreement between you the client and us Clough IT Solutions.

Version: 20230701

The client must accept there are risks associated with the repair or any I.T. service. Risks could result in damage to your property. It could also mean the loss or corruption of data. Our clients must accept that Clough IT Solutions are not liable for such damage or loss.

In the event of unintentional damage to components, peripherals, the screen or any other equipment regarding a client’s computer we will whenever possible replace the damaged component/equipment. However it may be replaced by a second hand part. This depends upon the cost of the replacement part and/or equipment, the availability of such parts and the value of your property.

Clough IT Solutions strongly encourage that if possible a client should do a full backup of data and system prior to any repair or I.T. service being provided by us.

If you do not agree to these terms and conditions then we are unfortunately not able to provide our services to you.

Appointment Cancelation or No-Show Policy

Appointment cancelled with little or no notice or appointments which are not attended as agreed will be subject to a cancellation fee.  This allows us to recoup lost revenue that we would have received if sufficient notice was received or the appointment was attended.    Appointments can be cancelled by contacting Clough IT Solutions with no less than 24 hours notice.  Appointments cancelled with less than 24 hours notice will be subject to a $50.00 cancelation fee.  Appointments can be cancelled by calling us on 0451 836 844 or sending us a message via our Facebook page https://facebook.com/cloughit

Pickup & Delivery Service

Clough IT Solutions provides a free Pickup & Delivery Service.  This service is available for clients located within 25km of 18 Oscar Close, Ormeau QLD 4208 via the most direct route as determined via Google Maps.  Clough IT Solutions may offer a free Pickup & Delivery to clients outside of this area at Clough IT Solutions discretion.

Pickup & Delivery Service is available to clients located more than 25km from 18 Oscar Close, Ormeau QLD 4208 for a fee of $11.00 per additional 10km or part thereof.

Quotes

Clough IT Solutions offers a $55.00 quotation on all Return to Base / Workshop repairs unless otherwise specified.  The $55.00 quote fee is waived if the client proceeds with the quotation. There is no obligation to proceed with any quote provided by Clough IT Solutions.

Payments

It is the policy of Clough IT Solutions that all sales in excess of $500.00 be settled prior to the sale / repair commencing.  All sales less than $500.00 are to be settled prior to or upon pickup / delivery.

Payment may be made via Cash or Credit Card at the time of Pickup / Delivery.  Payment may also be made via Direct Deposit.  PayPal payments are also welcome upon request.

Clough IT Solutions do not accept Cheque or Money Order payment methods.

Late Fees

Any overdue invoices will have late fees applied as follows:

  • More than 6 days but less than 14 days: $16.50 inc. GST
  • More than 13 days but less than 21 days: Additional $16.50 inc. GST
  • More than 20 days but less than 28 days: Additional $16.50 inc. GST
  • More than 27 days: Account referred to Debt Collection Agency. All associated fees for debt collection will be passed to the client.

Credit / Payment Plans

Please do not ask for credit or payment plan as refusal may offend. If you require a buy now, pay later facility to pay off your repair / purchase we offer payment via ZIP (up to $1000.00 inc surcharge of 5.5% + GST). See https://cloughit.com.au/zip/ for more information.

Warranty

Warranty is provided on all hardware and labour supplied by Clough IT Solutions unless otherwise specified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. All rights provided under your Clough IT Solutions warranty are in addition to any rights you have as a Consumer under the Australian Consumer Law.

Warranty does not include restoration of your personal data/software applications/emails or any other data. It is the customer’s responsibility to backup such data.

Warranty Coverage

  • Labour: 3 Months unless otherwise specified. Excludes Malware / Virus and other threat removal
  • New Parts: 12 Months unless otherwise specified
  • Refurbished Parts: 3 Months unless otherwise specified
  • New Computer Systems / Laptops: 12 Months unless otherwise specified
  • Refurbished Computer Systems / Laptops: 3 Months unless otherwise specified
  • Other: Unless otherwise specified all other warranties are to be assumed 3 month
  • Malware / Virus Removal: It is very difficult to provide a warranty of this type of service as whilst a machine may leave our office clean of all malware, the client’s computer may later once again become infected either with the same malware or a new type of malware.  Should this occur we reserve the right to the determination of whether the malware infection occurred after a successful malware removal service or our malware removal services was not 100% successful. If we determine the error was on our part we will undertake a second malware removal service at no additional cost within 3 months of the original service completion.

Conditions of Warranty

  • The product must be accompanied with a proof of purchase with any warranty claim if requested. Clough IT Solutions has right to refuse a warranty claim without a valid copy of the invoice.
  • The product must not have had its serial numbers or warranty stickers tampered with.
  • Physical damage on any product could void manufacturer’s warranty. Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, corrosion, installation and/or usage and/or storage not in accordance with product instructions and an act of God, fire, flood, war, act of violence or any similar occurrence. Failure of the product due to misuse or incorrect installation could void manufacturer’s warranty.
  • Warranty does not cover any incompatibility arising from hardware not purchased from Clough IT Solutions.
  • Power Supplies will not be covered if affected by electrical surges.
  • Problems caused by over clocking system components to higher than default settings intended by the manufacturer, are not covered by warranty.
  • Software problems, corruptions, virus, spyware, malware, hardware / software conflicts and incompatibilities are excluded from hardware warranty and will be subject to an appropriate labour charge as per the current charge schedule.
  • Warranty does not cover software, software configuration and any accessories or parts added to computer system after the date of purchase.
  • Damage arising out of any use or operation of the product purchased, outside of the physical, electrical or environmental specifications of the product could void the manufacturer’s warranty.
  • Goods under manufacturer warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any warranty claim.
  • During the standard warranty period, Clough IT Solutions will repair or replace products returned for warranty. Our liability is limited to the replacement of the product or the supply of equivalent product, or the repair of the product.
  • For our Standard Warranty all products are covered under a return-to-base (RTB) warranty. Therefore all freight costs and upgrade costs to any items (still under warranty) will be borne by the customer and the client must insure the shipment or accept the risk of loss or damage during such shipment and transportation. Clough IT Solutions will not be held responsible for any goods damaged or lost during shipping or in transit. All claims will be forwarded to appropriate Insurance companies.
  • When purchasing from Clough IT Solutions the customer agrees that to the extent permitted by law, in relation to third party products (not manufactured by Clough IT Solutions) purchased through us where such of the products are covered by a relevant manufacturer’s warranty, then the customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such products and in any event not look to Clough IT Solutions for such warranty support in the first instance.
  • All Desktop Computers with extended warranties must be serviced regularly to maintain the warranty after 12 months. We recommend an Annual Service once every 12 months by Clough IT Solutions or a Qualified Technician, unless the system is being operated in areas prone to dust or heat in which case it may be required more often.
  • You do have the right to pursue the manufacturer for extended warranty claims after the Clough IT Solutions warranty period expires.

Warranty Claim Procedure

All warranty claims are to be submitted to Clough IT Solutions within the Warranty Coverage period.  It is the clients responsibility to follow the instructions of Clough IT Solutions to avoid damage or further issues.  Clough IT Solutions will not be held responsible for any goods damaged or any further issues arising from continued use or failure to follow provided instruction.

On acceptance the faulty equipment is diagnosed.  Based on the diagnosis the equipment is sent to the distributor / manufacturer for repair or replacement. This can take time if the part has been phased out (discontinued) or needs a major repair from the manufacturer. Clough IT Solutions does not take any responsibilities for such delays. If the item is a current stocked item and a part of Clough IT Solutions, it will be replaced from stock to avoid inconvenience. The client will have the opportunity at all times to upgrade to the next model at a minimal charge to avoid any down time on their Computer System.

Should a warranty be offered and refused by the client Clough IT Solutions will no longer be liable to any claims past or future related to the equipment and / or service for which the warranty was rejected, unless specifically accommodated for under Australian Consumer Law.

Warranty Claim

A large percentage of returned goods are found to be not faulty, in which case all shipping fees will be borne by the customer and a cost $55.00 will be applicable to cover for the testing time.

Customers are responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customers are responsible for any shipping and insurance cost involved in sending the warranty claim goods back to Clough IT Solutions.

Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.

Warranty Turn Around Time

Depending on availability, some items may be swapped immediately from our stock supplies, whereas some other products often require Return Authority through the manufacturer or Approved Australian Distributor.  Turn around time for warranty claims largely depends on the suppliers or the distributors. A normal warranty claim includes the time to test the item, shipping to the supplier, supplier’s own test and replacement / repair, and return. We do not provide advance replacement, however, this may be provided at the discretion of Clough IT Solutions. Clough IT Solutions is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired. If a faulty part or product is replaced then the warranty period continues from the original date of purchase, unless otherwise specified.

Refunds

Refunds and Returns (As per Australian Consumer Law)

We are not required to provide a refund or replacement if you change your mind.

But you can choose a refund or exchange if an item has a major problem.

This is when the item has a problem that would have stopped someone from buying the item if they had known about it, is unsafe, is significantly different from the sample or description, doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

Alternatively, you can choose to keep the item and we will compensate you for any drop in value.

If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase —e.g. your receipt.

When am I entitled to a refund, repair or exchange?

As a consumer, you are legally entitled to a refund, exchange or repair from the place of purchase if goods you purchase:

  • The goods supplied are faulty, incorrectly described or advertised, different from the sample shown to the client, do not do the job you were led to believe they would.
  • If you receive a service that is not of a standard that a reasonable person would expect, you are entitled to a refund or free repeat service.
  • If you partially use or benefit from the goods or service before a fault or problem develops, the trader can negotiate with you for a partial refund or other compensation.

Refunds will not be entitled if:

  • The customer cannot prove the purchase transaction of that item, changes their mind in relation to a selection or the customer makes a wrong selection, cannot afford the products, finding them cheaper elsewhere and insist the trader provides a service that may not meet their needs.
  • The item is not compatible with their existing hardware, or took action that voided or damaged the outcomes produced by the service or have damaged the goods you bought or knew (or should have known) about a fault when you bought the goods.
  • Some businesses may offer refunds in some of these circumstances as a sign of goodwill, though the law does not require them to do so.
  • All software items and consumables such as ink and toner cartridges and CDR / CDRW media are excluded from this refund policy.
  • There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Shipping and handling cost are not refundable.
  • Goods returned for a refund will only be accepted if supplied with all original packaging and with all original contents including disks, manual, software etc. Goods must be in saleable condition. Restocking Fee of 15% – 20% may apply depending on the product to cover for service, freight or assembly charges whichever is / are applicable.
  • If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
  • When a refund is provided the client accepts that Clough IT Solutions will no longer be liable to any claims past or future related to the equipment and / or service for which the refund was provided, unless specifically accommodated for under Australian Consumer Law.
  • All refunds will be paid by Direct Deposit. Please allow 7-14 days in order to process a claim.

Data Backup

Clough IT Solutions will only backup your data if the service specifically requires this or the client requests this service.  In undertaking a backup we will endeavor to copy all files and data possible. We will not be liable for failure to copy data that is located in an obscure location. It is the responsibility of the Client to inform us should files and folders be located in an unusual location on the hard drive.

Clough IT Solutions only backup user files and folders. The backup does not include programs beyond the standard operation system. Any addition programs will need to be re-installed by the client. We can install your other programs, but it will be for an additional charge.

Property

Any client’s property that is not collected within:

  • 3 months of no contact from client, or;
  • 3 months of quotation with no response, or;
  • 3 months of notification to collect (and services have not been paid for), or;
  • 3 months after date of notification to collect (and the services have been paid for)

will become the property of Clough IT Solutions. At this time we reserve the right to dispose or use the machine and components or peripherals in any matter we should choose to. As a part of this process, any information on any storage media including Internal and/or External Hard Drive(s), USB Storage Devices or any other storage device will be destroyed and will no longer be recoverable by any means of data recovery.

Confidentiality & Privacy

The confidentiality and privacy of your information is outlined in our Privacy Policy.

Our Website, Copyright & Usage of Material

All content on this website is the property of and copyrighted by Clough IT Solutions. Any reproduction, modification, republication or distribution of the content of this website is strictly prohibited.

Any information provided on this website should not be taken as fact or 100% accurate. Clough IT Solutions endeavor to provide useful and accurate information to our clients. However we will not be held liable should the information be incorrect or out-of-date.

Clough IT Solutions also endeavor not to infringe any copyright of another other business or organisation.