Last updated: 5 Sep 2018
CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.
1. Services and Products.
1.1 Services. For service orders, IT Solver will service your IT Solver product as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, IT Solver will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product. IT Solver may install system software updates as part of service that will prevent your IT Solver product from reverting to an earlier version of the system software. Third party applications installed on your IT Solver product may not be compatible or work with your IT Solver product as a result of the system software update.
1.2 Data Transfer Services. If your IT Solver Mac product is capable of storing software programs, data or other information (“Data”), IT Solver may attempt to transfer said Data to a replacement device. During service, it is possible that Data may be lost. In such an event, IT Solver will not be responsible for any loss of Data.
a. As part of any Data transfer service, whether or not IT Solver is able to successfully transfer Data from the original device to the replacement device, IT Solver will delete any Data on the original device. You should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that you want to protect and disable all security passwords. During service it is possible that the Data will be lost, replaced or reformatted. In such an event IT Solver and its agents are not responsible for any loss of software programs, Data or other information contained on the device.
b. Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device you provide. IT Solver will not transfer the Data to any IT Solver owned or 3rd party owned data storage system or device and will not store a copy of the Data as part of any Data transfer service.
1.3 Parts and Labor. IT Solver may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, IT Solver may use parts or products that are new or refurbished and equivalent to new in performance and reliability. IT Solver will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by IT Solver for value. If applicable law requires IT Solver to return a replaced item to you, you agree to pay IT Solver the retail cost of the replacement item and shipping.
1.4 Service Options. IT Solver will provide service through one of the following options and will choose which method of providing service depending on the circumstances, in particular depending on the type of product:
A Do-It-Yourself (DIY) Parts Service. DIY Parts Service allows you to service your own product. If IT Solver determines that DIY Parts Service is available to you, IT Solver will ship to you a replacement part for your IT Solver product. The replacement part will be accompanied by instructions on installation and any requirements for the return of the replaced part. For DIY Parts Service requiring the return of the replaced part, you must provide credit card details to secure the return of the replaced part. All replaced parts requiring return, must be returned to IT Solver within ten (10) days from the date IT Solver ships the replacement part to you (“Return Period”). If (i) you fail to return the replaced part as instructed within the Return Period, or (ii) the replaced part is not eligible for service due to a Service Exclusion, as described below, you will pay the amount agreed by you at the time service was ordered. If IT Solver does not require the return of a replaced part, IT Solver will ship to you a replacement part or product accompanied by instructions on installation and any requirements for the disposal of the replaced item. IT Solver is not responsible for any labor costs relating to DIY Parts Service.
B Direct Mail-In Service. If IT Solver determines that your product is eligible for Direct Mail-In Service, you will ship your product to IT Solver’s repair service location in accordance with IT Solver’s instructions. IT Solver may provide prepaid way bills (and if you no longer have the original packaging, IT Solver may send you packaging material). If IT Solver does not provide prepaid way bills or packaging, you must arrange for the shipping and packaging of your product to IT Solver’s repair service location, as described at the time of ordering, and you may want to consider insuring your package in case of damage or loss during shipment. Once service is complete, the IT Solver repair service location will return the repaired product or provide a replacement product to you.
C On-Site Service If IT Solver determines that your product is eligible for Mobile Service, a technician will visit your premises as scheduled. All reasonable efforts will be made by the technician to bring serviceable parts for the product. If parts that are not immediately available, the technician will collect the product and complete the repair at IT Solver.
1.5 Changes to Service Options. IT Solver reserves the right to change at any time the service options available to you.
1.6 No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.
1.7 Service Exclusions and Diagnostic Fee. IT Solver may charge you a diagnostic fee (including shipping charges) as described in the Country Variation table, below (“Diagnostic Fee”), if IT Solver inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are not supplied by IT Solver, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorise service based on IT Solver’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than IT Solver), unauthorised modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). IT Solver will return your product to you without servicing it and may charge you the Diagnostic Fee of no more than one-hundred ($100 AUD) dollars
1.8 Delivery. IT Solver may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to you. Once your order has been prepared for shipment or has shipped, IT Solver is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorise IT Solver to arrange for a delivery without the need for a signature.
1.9 Customer’s Responsibility.
1.9.1 IT Solver will provide you with shipping and packing instructions. You will be responsible for products or parts that are lost or damaged as a result of failure to follow them.
1.9.2 It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. IT Solver is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by IT Solver. You represent that your product does not contain illegal files or data.
1.9.3 Abandoned Property. Unless you provide alternative instructions, IT Solver will ship your repaired or replacement product to the mailing address you furnished when you authorised service. If your product is returned to IT Solver because delivery could not be completed at the address given, IT Solver will attempt to contact you for an alternative mailing address. If you do not provide an address at which IT Solver or its agent may deliver your product within sixty (60) days after the original delivery attempt, IT Solver will notify you that it considers your product to be abandoned. IT Solver will send notice to the mailing address you furnished when you authorised service. In the event that your product is abandoned, IT Solver may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. IT Solver reserves its statutory and any other lawful liens for unpaid charges.
1.9.4 Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that IT Solver understands and may replicate the issue.
1.9.5 IT Solver encourages you to review service order status information at support.itsolver.net/
1.9.6 Disclosure of Modifications. During the service ordering process, you must notify IT Solver of any modifications, or any repairs or replacements not performed by IT Solver, that have been made to your product. IT Solver will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorised modifications or repairs or replacements not performed by IT Solver. If damage results, IT Solver will seek your authorisation for any additional costs for completing service even if the product is covered by warranty or an IT Solver service plan. If you decline authorisation, IT Solver may return your product unrepaired in the damaged condition without any responsibility.
2. Orders and Payment
2.1 Payment. Terms of payment are within IT Solver’s sole discretion, and unless otherwise agreed to by IT Solver, payment details must be received prior to IT Solver’s acceptance of an order.
2.2 Payment Methods. IT Solver allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card or debit card, or some other prearranged payment method unless IT Solver has agreed to some other credit terms. When you provide IT Solver with your card information, IT Solver will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. IT Solver will not bill your credit card or process a transaction under your debit or check card until your order is processed. IT Solver may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. IT Solver requires the credit or debit security code for your card to protect against the unauthorised use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.
2.3 Prices. IT Solver endeavors to offer you competitive prices on current IT Solver products and services. Your total order price will include the price of the product or service on the day of order processing. IT Solver reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.
2.4 Confirmation. IT Solver will send you a confirmation of your order via email shortly after receipt.
2.5 Refunds. Except as described in the Warranty and Limitation of Liability section below, IT Solver does not provide refunds for service orders.
3. Warranty and Limitation of Liability
3.1 Service Warranty. For all service orders, IT Solver warrants that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, IT Solver will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to IT Solver for service.
Australia: The rights described in this policy in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer and Competition Act 2010 and other applicable Australian consumer protection laws and regulations. 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. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. The repair of goods may result in loss of the data. Certain legislation including the Competition and Consumer Act 2010, may imply warranties or conditions or impose obligations upon IT Solver which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which IT Solver is entitled to do so, IT Solver limits its liability in respect of any claim under those provisions to at IT Solver’s option (1) the supplying of the services again or (2) the payment of the cost of having the services supplied again.
3.2 Disclaimer of Warranty.
TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, IT SOLVER SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Limitation of Liability.IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, IT SOLVER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT SOLVER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, IT SOLVER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES IT SOLVER DOES NOT SEEK TO EXCLUDE THIS LIABILITY.
3.4 Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.
5.1 Typographical Errors. IT Solver is not responsible for typographical errors. IT Solver reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.
5.2 Change Terms. IT Solver reserves the right to change this Agreement at any time.
5.3 Cancellation. Upon acceptance of a service order, IT Solver initiates service and consequently a service order may not be cancelled and you cannot withdraw from the contract.
5.4 Product/Service Changes. IT Solver may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and IT Solver makes no commitment to update the information provided online with respect to such products and services.
5.5 Access online. IT Solver reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5.6 Governing Law. The laws of the country where you ordered service or product will govern this Agreement.
5.7 No Changes to the Agreement. No IT Solver employee or agent has the authority to vary any of the terms and conditions governing any transaction.
5.8 Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.
5.9 Waivers. IT Solver’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by IT Solver of any provision or any right it has to enforce these policies, nor shall any course of conduct between IT Solver and you or any other party be deemed to modify any provision of these terms.
5.10 No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
5.11 International Products/Services. IT Solver provides access to IT Solver international data and, therefore, may contain references or cross references to IT Solver products, programs and services that are not announced in your country. Such reference does not imply that IT Solver in your country intends to announce such products, programs or services.
5.12 Data Protection. You agree and understand that it is necessary for IT Solver to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. IT Solver will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your IT Solver product and for quality and service related purposes. IT Solver will not use your information for direct marketing purposes without obtaining your consent. If you wish to have access to the information that IT Solver holds concerning you or if you want to make changes, access URL support.itsolver.net/ to update your personal contact preferences, or if you are a resident of Europe, you may also contact IT Solver at [email protected]
5.13 Subcontractors. IT Solver may subcontract with other service providers for the service of your product.
5.14 Conflict of Terms; Services in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.
5.15 Complete Agreement; Force Majeure. This Agreement governs service transactions accepted by IT Solver. No other oral or written terms or conditions apply. IT Solver does not authorise any variance or modification of this Agreement. IT Solver is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside IT Solver’s reasonable control.
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