Quick Knowledge Pty Ltd ABN 40 053 635 715 (QK)

Terms and Conditions of Service

All services
1. When an appointment is made the customer agrees that a person of 18 years of age or older attends at the time of the appointment and have the equipment required for the service available. Otherwise QK may:- (a) charge for waiting time at the rate of $20 for every ½ hour or part thereof, and if the customer does not accept and pay this charge prior to commencement by cash or credit card, QK may deduct the waiting time from time allocated for the service, or (b) make an alternative time whereby the customer agrees to pay QK $33 per hour for travelling time. 2. QK will perform the scope of work outlined in each service to the best of its ability but makes no guarantees as to the service quality nor does it accept responsibility and liability for ongoing support matters. 3. The customer must give a minimum of 24 hours notice if they wish to re-arrange an appointment otherwise QK may at its sole discretion charge a $40 cancellation fee plus TT if applicable, and the customer must pay this charge by cash or credit card before QK are required to reschedule a new appointment. 4. If a service cannot be completed because of equipment failure or missing parts the customer may (a) pay the consultant to fix the problem if the consultant is able or (b) resolve the problem through their supplier in which case a fee for TT must be paid for a second visit. Clause 2 and clause 7 shall apply with any work conducted by the consultant to fix any problems. 5. All matters relating to warranty claims are the responsibility of the customer and QK accepts no responsibility or liability whatsoever for the consequences of any breaches of warranty. 6. QK does not support illegal software products or practices and will not provide any service related to or depending on them. 7. QK makes no guarantees nor accepts any responsibility and liability for any consequential direct or indirect loss or damage resulting from technical and operational matters or from delays of any nature or cause whatsoever. 8. QK does not acknowledge that a product manufacturer’s specified environmental or minimum system requirements are correct and reserves the right to either modify them as a condition of providing a service or not to provide the service if it deems they are prohibitive to meeting its obligations for the service. Clause 2 & 7 apply to such modifications if made. 9. Subject to the customers statutory rights under the Trade Practices Act or other similar state and territory laws all entitlements and the liability of QK and/or their retailer is expressly limited to the cost of the service being provided. 10. Quicknowledge services are available throughout Australia but a travelling surcharge of 66 cents per km travelled may apply outside of all metropolitan areas and 30km from regional centres services by QK. QK will advise the customer by the next working day as to the local availability of the service in their region 11. Quicknowledge products and services are not transferable and are available only to the person of whom initially purchased the service and for the computer described in initial purchase. 12. Some components of Quicknowledge services rely on connection to the Internet, this is the responsibility of the customer. The customer is responsible for full service costs with or without Internet connection. 13. Quicknowledge reserves the right to alter the pricing of their products and services at any time.
OnSite computer services:
14. QK are not responsible for hardware, software or Internet related technical problems unless they fall within the scope of the job but may at their discretion fix any such problems provided the customer is prepared to pay for any extra time required by cheque or credit card at the time of the work being done. Clause 2 & 7 shall apply with respect to such work. 15. The specified time of a certified Training Service is one (1) hour after which the customer may choose to purchase extra time for a fee of $25 per 1/4 hour or $49.50 per 1/2 hour. 16. All pricing for OnSite services (except training) are based on an estimated time that reflects the average time to complete the service. If additional time is required to satisfactorily complete the job, the customer is liable to pay for any extra time for a fee of $25 per 1/4 hour or $49.50 per 1/2 hour. QK accepts no responsibility for any additional time required to satisfactorily complete an individual service. 17. If the service exceeds the specified time because of technical problems encountered or additional services requested a charge of $25 per 15 minutes or $49.50 per 1/2 hour for extra time is applicable. 18. Extra time is at the sole discretion of and subject to the attending consultants availability. 19. The customer is responsible for adequately backing up, or otherwise protecting their data and/or equipment prior to accepting QK support; whether by phone, Internet or onsite. If the customer requires QK to assist them with this process QK will do so at its current standard rate.
Troubleshoot and Fix Service:
20. All QK Terms and Conditions apply to this service, with the exception that this service is subject to a ‘No fix, No Fee’ policy. Under this policy QK agree to spend whatever time is necessary to satisfactorily complete the job, in the event that we cannot satisfactorily complete the job we will refund the price of the service. 21. QK reserves the right at any point in time to refuse continued service if it is deemed that the equipment is beyond reasonable service repair, at which time a refund of the service will be provided to the customer. 22. The service price does not include the price of parts required for repairs. In completing their service obligation QK reserves the right to ask the customer to pay for the cost of such parts and if they do not QK may then declare the service guarantee null and void in which case the customer will be required to pay the full cost of the service. 23. Additional time required to complete the service is at the sole discretion of and subject to the attending consultant’s availability. If the customer refuses to allow QK’s fulfilment of the service requirement, the customer voids the ‘No Fix, No Fee’ policy and as such is liable for the full cost of the service. 24. In signing the QK Onsite Service record you (the customer) recognise and are in agreement with the terms and conditions of the ‘No fix, No fee’ policy, in particular you agree that; QK have satisfactorily fixed the problem reported and any further service required will be done so at additional cost. 25. In the case that a refusal of service or conditions of service is made by the customer, that does not allow QK to satisfactorily complete the job, the customer forfeits their right to Clause 21 and as such is liable for the full cost of the service.
Software:
26. Virus and Security software is subject to availability at the time of service, QK hold no responsibility whatsoever if software is unavailable. Service charges are not dependant upon availability of software and still apply irrelevant of availability. Software charges are subject to variances and are based on the current standard market rate.
Home Tech Total Care
27. This service is only available upon a 6 or 12 month contractual subscription basis. 28. Payment terms available for this service are either upfront full payment or monthly direct debit via credit card. 29. Services conducted under the direct debit payment option will only commence upon receipt of a signed direct debit authority and commencement of the direct debit plan. Quicknowledge will advise the customer of the service commencement date. Upon termination of the payment plan the full balance of the subscription amount is payable, as per the direct debit payment agreement. 30. This service entitles the purchaser conditional access to the following services: 24x7 phone support, QK online training college, Onsite Virus and Security services, Maintenance Services (excluding warranty and breakdown troubleshoot and fix services) and Setup services. 31. Onsite services are limited to One (1 hour) onsite service per month, for the longevity of the subscription. Monthly services if unused cannot be transferred/rolled over to the next month. 32. QK will maintain a customers history of all support provided and should any customer require repetitive support on the same or similar matters then QK will advise the customer that they should undertake further training in this area and should the customer fail to do so QK may at its discretion decline further support on these matters until such time as they do.
E-learning (QK College)
32. Access to Internet based computer training (QK College) relies upon Internet setup, which is the sole responsibility of the customer. The customer is responsible for full service costs with or without Internet connection. Access to online training will usually begin from date of purchase or date of scheduled onsite service.
24x7 Phone Support:
33: This service entitles the purchaser to 12 months telephone and/or Internet and where necessary onsite support on all operational matters with the registered personal computer (PC). 34. This service does not cover support on virus related problems including correction or removal of viruses and in the event that such problems are identified and fixed in the course of providing service QK may at its sole discretion charge for the service time at the current scheduled rate. 35. QK undertake to provide prompt phone support to the customer 24 hours a day, 7 days a week, but cannot guarantee the availability of the service due to factors beyond its control, including but not limited to power failure, technical breakdowns, unpredictably excessive call volumes, and acts of God. 36. Where phone or Internet support is inappropriate, QK in agreement with the customer may send a consultant to the customer’s registered address to provide the support service and the customer accepts that the service will be provided subject to clause 1 and 10, and the availability of the QK consultant. 37. QK will maintain a customers history of all support provided and should any customer require repetitive support on the same or similar matters then QK will advise the customer that they should undertake further training in this area and should the customer fail to do so QK may at its discretion decline further support on these matters until such time as they do. 38. This service is available every day excepting national public holidays for a period of 12 months from the date of acquisition. 39. The method used by QK to resolve a customer’s problem whether it be by phone, over the Internet or with an onsite visit will be at the sole discretion of QK
Extended Warranty Details
40. All Warranties are subject to the formation of a formal certified agreement, whereby QK agrees to undertake the extended warranty. Before a warranty agreement is formed, QK require a certified QK technician to undertake a complete an onsite clean and check of The Equipment that is to be covered by the warranty. QK reserve the right to refuse warranty cover of The Equipment, if during the onsite service it is deemed that the equipment is not in satisfactory working condition (beyond reasonable service repair). In this event, the customer is liable to pay the full amount of a standard clean and check service. In the event that the customer undertakes the services of QK to restore the computer to satisfactory working condition, the customer agrees to pay any additional costs (inclusive of parts and labour), involved in the repairs. 41. The (obligatory) preventative maintenance clean and check service provides for the following scope of work to be completed:- i. Cleaning of the interior of the base computer and checking that all cooling fans inside the computer and power supply are functioning properly. ii. Checking all components and cables to ensure they are firmly secured in order to prevent electrical interference and unnecessary wear and tear. iii. Cleaning the monitor, keyboard, mouse and diskette & CD drives iv. Showing the customer how to perform ongoing preventative maintenance. v. Checking the computer set-up and where necessary delete the unused files and reconfigure the system to optimise system performance. 42. The Warranty:- a. service is applicable to the registered holder, at their registered address, and the original computer equipment (The Equipment) recorded at the onset of the service request and is not transferable. b. Covers the repair or replacement of the Equipment or any parts therein that have mechanical or electronic defects which have occurred either since the expiration of the Original Warranty or the purchase date of the warranty whichever is the latter. c. Covers only the Equipment specifically listed in the agreed Schedule of the warranty certificate provided by QK. d. Provides for all repairs to be carried out on-site unless Quicknowledge find it necessary to return the Equipment to a workshop or it is in a remote location (See Clause 67 & 68). e. Does not cover add-ons or enhancement incorporated in the Equipment. f. Provides for service repairs between 9am - 5pm Monday to Friday excluding public holidays, although Quicknowledge may at its discretion provide after hours service if required by the customer g. Is only applicable to equipment purchased in Australia and New Zealand from an authorised dealer/supplier and covers labour and all parts subject to the terms and conditions. The service will be provided on-site other than in remote locations or when the repair is best completed in an authorised Quicknowledge workshop 43. QK warrants that it shall for the full period of the agreed warranty, repair all electronic or mechanical defects to the base computer and monitor but not to a mouse, trackball, pointing device, keyboard or notebook screen all of which are subject to fair wear and tear. 44. Quicknowledge may at their option replace either the equipment or any defective parts therein with refurbished equipment or parts of equivalent age and fair wear and tear. 45. Any work necessitating or involving software or the transfer of data will require validation of copyright laws and be at the cost of the customer. 46. This warranty does not guarantee any claims by the manufacturer as to compatibility, connectivity or the ability for the product to perform certain functions. 47. The Warranty period will commence either at the end of the manufacturer/suppliers Warranty (Original Warranty) or from the purchase date of the service, whichever is the latest, and expires on completion of the specified term details of which will be set out in the Warranty Schedule. The benefits provided by this cover are additional to all other rights under the Trade Practices Act and other State & Territory Laws. 48. If the customer purchases the warranty after the expiry of the Original Warranty and QK find during the course of the preventative maintenance service that the Equipment is already defective and requires replacement parts to restore it to proper working order then QK reserves the right to ask the customer to pay for the cost of such parts and if they do not Quicknowledge may then declare the warranty null and void in which case the customer will only be required to pay the standard fee of $33 for travelling time. 49. Any unnecessary service calls not relating to hardware failure either arising from failure to comply with Clause 63 or from software problems or from any other problems or product defects not covered by the agreement outlined in the warranty certificate will incur a minimum service call out fee charge of $99.
What is not covered by The Warranty:
50. The warranty shall not apply to peripheral devices such as, printers, scanners, and cameras or to software or to consumable items such as floppy diskettes, fuses, batteries and ink cartridges. 51. The Warranty shall not apply to defects or damage resulting from misuse, accident or neglect or operation contrary to normal domestic or office use. 52. The Warranty shall not apply where the Equipment has been damaged or altered by testing, maintenance, installation, alteration, modification or adjustment of the Equipment, unless the work was approved in writing prior to commencement or done by an authorised Quicknowledge service facility. 53. The Warranty shall not apply to damages and any costs associated with the delivery, handling or transportation of the Equipment or any part thereof. 54. The Warranty shall not apply to any costs associated with the Equipment arising from any technical adjustments, reformatting of hard disk, loss of data, virus infection or use of the Equipment with non-compatible equipment. 55. The Warranty shall not apply to any failure due to fair, wear and rear. 56. The Warranty shall not apply to any damages, failure or malfunction, resulting from lightening. voltage spikes or other fluctuations in the power supply, fire, contamination by ionising or electromagnetic radiation, explosion, accident or malicious damage, earthquake, storm, tempest, war, water damage, aircraft, impact, act of God, burglary, and/or theft or any attempt thereof. 57. The Warranty shall not apply to any consequential loss or damage arising out of USP of The Equipment or any other cause or for any damage arising out of failure or malfunction, including loss of data, any damage or loss for personal injury, stress or other physical complaint or loss of profit. 58. The Warranty shall not apply to any Equipment with an altered or removed serial number. 59. This Warranty shall not apply to any defect in the Equipment that was known at the time of purchase of this Warranty or not covered by the Original Warranty. 60. The Warranty shall not apply to those components of the Equipment such as a mouse, trackball, pointing device, keyboard or notebook screen that after the expiration of the Original Warranty are subject to fair wear and tear. 61. The Warranty shall not apply to any equipment purchased outside of Australia or purchased from a dealer or supplier not authorised by the manufacturer and/or official distributor to sell the equipment. 62. The Warranty shall not apply in respect of guarantees of performance or efficiency. 63. The Warranty shall not apply in respect of third party property damage and/or third party bodily injury. 64. The Warranty does not cover the cost of replacement parts required to restore the equipment to proper working order if it was purchased after the expiration of the Original Warranty.
How to claim a Warranty Service (where cover has already been certified by QK)
65. Before requesting any repair work on the equipment covered by The Warranty agreement, you must carefully check; a. Power – Ensure the product is plugged in and switched on. b. Installations – Check that the installation is correct. Installations and relocations are the customers responsibility. c. Backups - QK will not under any circumstances be responsible for loss of any data or for reinstating any data loss as a result of (i) Any virus infection (ii) following the replacement of any hard drives (iii) QK’s endeavours to reinstate software and (iv) or the like. 66. On assuring yourself there is a problem you must report The Equipment fault to the QK Help Desk on 1300 657 778 during normal working hours and quote the product number and customer number in the Schedule of The Warranty certificate. 67. Faults should be reported whilst sitting in front of The Equipment to assist the Help Desk in identifying the cause in order to minimise repair completion time. 68. The nearest authorise repairer will attend to service calls on-site under The Warranty, but QK may at their discretion, require customers outside major cities to arrange delivery to the nearest service centre in which case QK will pay for the delivery and return of the faulty product. 69. If it assessed by the QK Help Desk or authorised repairer that The Equipment would best be repaired in a workshop, then QK reserves the right to remove and deliver the faulty Equipment to its nearest authorised service centre. 70. When an appointment is made the customer agrees to attend at the time of the appointment and have the equipment required for the service available, otherwise QK may: - (a). charge for waiting time at the rate of $25.00 for every ¼ hour or part thereof, or (b). make an alternative time whereby the customer agrees to pay QK $33 for TT. 71. The customer must give a minimum of 24 hours notice if they with to re-arrange an appointment, otherwise QK may charge $33 TT. 72. The customer will be responsible for providing the QK authorise repairer with:- a. Full access to The Equipment at fault b. A suitable location to repair it. c. Licensed copies of all operating systems and applicable supporting drivers for the covered Equipment. d. The attendance of a person of 18 years of age or older for the duration of any onsite service. 73. The customer will also ensure that the QK authorised repairer, is not exposed to an unsafe, unhealthy, abusive or violent environment and conditions or to illegal activities. 74. The Warranty certificate provided by QK must be produced together with the fault product when seeking repairs under The Warranty.

Direct Mailout/Handout Promotion

QKDMC1 Free Help Desk Call

75. Standard QK Terms and Conditions Apply to this service (Sections 1-13, 33-39) 76. This offer entitles the voucher bearer to one Free 15 minute call to the Quicknowledge help desk. Beyond the 15 minute time limit, standard call charges will apply. At the end of the entitled 15 minutes The Quicknowledge operator will advise the caller that any time continuing will be chargeable at our standard rates. 77. The Quicknowledge Help Desk will provide support on any operational issue only. For issues outside this scope, including Virus and Spyware related issues, Quicknowledge may refuse Help Desk Support and recommend a related on site service. we do not provide Help Desk support for Virus and Spyware related issues. 78. This ffer is limited to 1 call per household 79. Offer is only valid until 30/12/05 80. Quicknowledge reserves the right to refuse this service to any person that is deemed to be seeking further advantage from the offer, that was not within the intended scope of the offer.

QKDMS1 Home Computer Service Voucher

80. Standard QK Terms and Conditions Apply to this service (Sections 1-39) 81. This offer entitles the voucher bearer to a $40 discount on a "limited" range of one hour onsite services. 82. Standard rates will apply for extra time that is required for any service booked. 82. This voucher excludes the following OnSite Services: Warranty and Troubleshoot. 83. Quicknowledge reserves the right to refuse this service to any person that is deemed to be seeking further advantage from the offer, that was not within the intended scope of the offer. 84. This offer is limited to 1 service per household 85. Offer is only valid until 30/12/05

Glossary of Terms
TT – Travel Time The Equipment – All Equipment outlined in the original warranty request and the QK Extended Warranty Certificate Schedule