Standard Terms & Conditions

Standard Terms & Conditions

Effective date: January 1, 2019

Juan-Francois Jansen Van Vuuren trading as The Nerd Net

Important Notice


Your attention is specifically drawn to the following and is to be carefully noted:
These terms and conditions contain certain terms and conditions which appear in similar text
style to this clause and which:

may limit the risk or liability of The Nerd Net; and

may create risk or liability for yourself and/or your company; and
may compel you and or your company to indemnify The Nerd Net or a third party; and
may serve as an acknowledgement, by you and or your company, of a fact.

General

a. By using The Nerd Net’s services and website you agree and accept the Terms and Conditions, as set out below, without modification, reservations or changes.

b. Use of The Nerd Net’s website is entirely at your own risk. We do not warrant that the use of the website will be without error or interruption or that the servers that make the website available are entirely virus free at all times. No liability will be accepted by The Nerd Net for damage or loss of any kind arising from the access to our website.

c. All rights relating to logos, text, images, data, information or other material communicated on

the Nerd Net’s website are for use on this website and are for viewing purposes only. unauthorised use, changes or copying is prohibited.

Definitions


a. Customer means the person who accepts the quotation or who authorizes The Nerd Net to carry out the work.
b. Authorized person means any person authorized by the Customer to Order the work or accept the work so done by The Nerd Net.


c. Goods or Services means any goods or services supplied by The Nerd Net to the Customer in pursuance of fulfilling The Nerd Net’s obligations in terms of the order.

Orders

a. Any order received in writing, by telephone or verbally or in any other form shall be deemed
and treated as an offer by the Customer.


b. The agreement/contract between The Nerd Net and the Customer shall come into effect immediately upon.


receipt of the order and acceptance by The Nerd Net, every order shall be deemed a separate agreement and the Customer will be bound by these Terms and Conditions.


c. These Terms and Conditions shall not be altered, modified or varied unless expressly agreed in writing by the duly authorized director of The Nerd Net.


d. An order may not be cancelled by the Customer after acceptance by The Nerd Net of the order, and the Customer shall remain liable to The Nerd Net for payment for the service as reflected on The Nerd Net’s quotation or invoice. Even though The Nerd Net may agree, to the cancellation of the order at the behest of the Customer, the Customer accepts and agrees to be liable for any costs reasonably incurred by The Nerd Net with regard to that order.

Pricing

a. The price shall be the price quoted by The Nerd Net at the time of the customer placing the order.


b. All quotes are valid for 7 – 28 days only, see your invoice for your specific term.


c. All quotations given are estimates only and may be subject to change upon viewing customers’ exact specifications.


d. Quotations will be confirmed with the customer before The Nerd Net proceeds with any order.


e. Any variation to the price will be charged and invoiced accordingly to the customer placing the
order.

Cancellation

a.The Nerd Net must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. The Nerd Net reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.

b.If the technician is prevented from resolving a problem because the customer does not possess the appropriate software disks, drivers or product/software serial numbers, the customer will be charged for the time spent up to that point.

b. If the The Nerd Net technician offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.

c.If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.

Payment

a. Orders require a 70 % deposit paid in advance, software requires a 100% deposit.


b. Invoices are payable immediately upon presentation


c. The Customer is liable for payment. The Nerd Net shall not liaise with insurance companies
whatsoever. The Customer is liable for all work done at all time.


d. All insurance claims remain between client and the insurer. The Nerd Net shall not correspond with the insurer and/or any third party in connection with any insurance claims whatsoever.


e. The customer remains liable for full payment of the invoice regardless of the outcome of  the
customer’s insurance claim.

f. The Customer agrees that they will be liable for interest on all unpaid amounts as reflected on
invoices and statements from the due date as reflected on the invoice. Interest will be
charged at the maximum interest rate provided for in the National Credit Act of 2005 (Act 34
of 2005).


g. In the event of non-timeous payment,  reserves the right to charge full tariffs and void any
Discounts


h. The Customer will be liable for any costs incurred by The Nerd Net with regard to collections, tracing or any other costs whatsoever in recovery of any outstanding amounts due by the Customer.

Delivery

a. Delivery times quoted are estimates only and time shall not be of the essence of the contract.


b. Delivery shall be deemed to take place when the goods arrive at the Customer’s premises.


c. All risk in the goods shall pass to the Customer (including its appointed agent) at the time of
delivery.


d. The Customer shall inform The Nerd Net (in writing or verbally) of whom shall be responsible to accept delivery and/or work on the Customer’s behalf (the authorized person). In the event of the customer not being personally available at the delivery address and failing to specifically
inform The Nerd Net of the identity of such authorized person to accept delivery on the Customer’s behalf, the Customer hereby authorize The Nerd Net to deliver Goods/Services to any natural person present at the nominated address who is over the age of 16.


e. In the event that the Customer becomes aware that they and/or their authorized person to
accept delivery shall not be available at the delivery date, it is the Customer’s responsibility to
inform The Nerd Net within 24 hours of delivery. Failing which the Customer shall be responsible for wasted costs herein.


f. Should the Customer or designated agent not be present at the nominated address at the
time of delivery, the Goods/Services will be returned to The Nerd Net. The Customer shall be liable for all related costs.

Ownership

a. Ownership of the goods shall not pass to the Customer until full payment of all outstanding
invoices. The client is obliged to return to The Nerd Net all goods belonging to The Nerd Net upon request in the event of non- payment of invoices.


b. Notwithstanding any other rights The Nerd Net may have, The Nerd Net  reserves the right to remove all goods, at the Customer’s expense in the event of non-payment.

Warranty

a. All goods installed by or used by The Nerd Net are subject to the warranty issued by the manufacturer of such goods. No credit or refund will be issued prior to inspection and approval by that manufacturer.


d. In the event of defects caused by The Nerd Net’s workmanship, the Customer is to report such defects within 7 days of the Customer first discovering any such defects.


e. The Nerd Net is not responsible for any consequential loss or damage and warranties extend to repair or replacement only.


f. The Nerd Net shall not be responsible whatsoever for defects which have occurred due to the following:


i. abuse, neglect, lightning, accident, improper storage, installation, handling, repair or
alteration not affected by The Nerd Net.
ii. Power surges
iii. Further electrical faults which occur as a result of the above defects
iv. Customers failure to switch off sensitive equipment prior to commencement of work
by The Nerd Net
v. Defects or faults which occur as a result of problems with the installation of anything
which was not installed serviced or repaired by The Nerd Net.


g. In the event of a defect or fault being caused by any of the above, the Customer shall be liable for the costs of inspection, shipping, handling, removal, work conducted and labour in
connection with the repair of the alleged fault.

Liability Of The Nerd Net

a. The Customer understands that The Nerd Net may drill holes and so forth and that this may cause noise. The Nerd Net shall not be liable for complaints in connection with such noise.


b. The customer indemnifies The Nerd Net against any claim or liability that be brought against The Nerd Net or which The Nerd Net may suffer in the course of or arising out the provision of any of the Services or related to the goods, unless caused by The Nerd Net’s gross negligence or willful misconduct or breach of these conditions, but subject to relevant applicable laws.


c. It is specifically accepted by the Customer that The Nerd Net is not responsible for any pre-existing damage whatsoever.

d. In the Liability of the Nerd Net Clause it applies to the liability of The Nerd Net mutatis mutandis and as if it were specifically stated in this clause.

e.The Nerd Net cannot be held liable for information lost due to a failing storage device.

f. The Nerd Net accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s ISP.


g.The customer hereby confirms that a full backup of the customer’s hard-drive has been made prior to The Nerd Net commencing The Services. The customer further confirms that there is no legal restriction or impediment to The Nerd Net providing Services to the customer.


h.The Nerd Net shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to The Services provided by The Nerd Net or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify The Nerd Net in respect to loss, damage or injury arising from the provision of The Services. The Nerd Net has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.

Customer Obligations

a. Customer shall arrange access to the premises as well as all power points


b. Customer is responsible to switch off any and all sensitive equipment prior to The Nerd Net commencing work.


c. The Nerd Net is not responsible for damage which may occur to such sensitive equipment as result of client’s failure to switch off such sensitive equipment.

Circumstances Beyond  Control Of The Nerd Net Or Force Majeure

a. The client understands that The Nerd Net cannot be responsible for wet weather or weather which causes proposed work to be done by The Nerd Net to be hazardous. In event of weather being of nature that The Nerd Net cannot attend to the work of client, The Nerd Net shall arrange another convenient time to undertake such work with client as soon as possible.


b. In the event that The Ned net is prevented from performing its obligations under any agreement with client by an event beyond its control (such as transportation problems of supplier and the like), The Nerd Net will be excused for its delay in performing its obligations under the contract, or, in an extreme case (i.e. war, invasion, riot, violent commotion, terrorism, natural catastrophes and the like) it may be excused from having to perform the contract at all.

Legal

a. The customer agrees that the premises of delivery shall be the customer’s domicile for all legal purposes.


b. This Agreement shall be governed by and construed in accordance with South African law.


c. The parties agree to the jurisdiction of the magistrates court in connection with any dispute
arising out of or from this agreement.


d. Neither party is precluded from approaching the High Court or similar court with jurisdiction
to hear any dispute in connection with or arising from this agreement.


e. The Customer agrees that all costs incurred by The Nerd Net in connection with default of the Customer and/or in connection with any and all of The Nerd Net’s rights, shall be recoverable from the customer on attorney and own client scale.


f. In the event of an account having to be handed over to The Nerd Net’s attorneys for collection due to non-payment, the client will be liable for all costs on the attorney and client scale including collection commission.

Severability

a. If any term, condition or performance, or any part of a term, condition, provision or
performance of this Agreement is determined to be invalid, illegal, unlawful or unenforceable
to any extent, that term, condition, provision or performance or the relevant part hereof shall
be severed from the remaining terms, conditions, provisions and performance of this
Agreement, or am ended to make it valid, legal, lawful and enforceable, in such a manner as to
leave the amended Agreement substantially the same in essence, and this Agreement so
amended shall remain in force and effect.The authorized person acknowledges, agrees to and understands the terms and conditions contained herein as
well as the language (English) used herein.

Callouts

a.Callouts will be subjected to availability of a technician.

b.Callouts will be billed per hour or part thereof

Training

a.Training will be subjected to availability of a instructor.

b.Training will be billed per hour or part thereof

Cash On Delivery

a.After every completed call out or training session the account must be paid in full after the session has concluded.

b.Any other payment arrangement will be subjected to a deposit of 70% of the bill and the other 30% will be paid after the final implementation or training or the service has concluded.

c.The Nerd Net accepts card payments but, not all cards please phone to enquire if your card is accepted.

d.The Nerd Net accepts SnapScan payments.

e.The Nerd Net accepts Zapper payments.

Confidentiality

a. The Nerd Net will maintain the confidentiality of the customer’s files and or data. The Nerd Net undertakes not to provide any customer information to any third party, except in the event that it is lawfully required to do so. The Nerd Net reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, The Nerd Net terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the The Nerd Net technician.