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TERMS OF SERVICE

These are the terms of service (“terms”) of Delitech I.T. Solutions (“we, us, our”).

By ordering/receiving any services, including but not limited to on-site, workshop and remote services (“services”) from us, you agree to our terms.

Our terms are subject to change. It is your responsibility to review our terms from time to time.

Except as provided for under a different agreement, you will be charged the applicable service fees and agree to pay for all services.

The cost of all goods, including but not limited to accessories, cables, consumables, parts, peripherals, software and/or sundries (“parts”) is excluded from our service fees. You will be quoted on any required parts. Where you accept any quote, you will be charged accordingly and agree to pay for all parts.

Our service fees are subject to change without notice.

A handling fee will be charged for all parts purchased on the go.\

Any toll and parking fees will be for your account.

Our services are available to clients residing in Gauteng. All services are subject to availability. You may cancel an appointment up to two (2) hours prior to the appointment, failing which you will be charged one hour’s service fees. You authorise us to enter your premises and access all computers/networks/equipment (including the internet) to provide services to you. When we use our own internet connection to provide services to you, including but not limited to downloading drivers or software, you will be charged for data use accordingly. We may change or cancel appointments for any reason.

You may check in your hardware/software (“property”) into our workshop during business hours. You will be charged the applicable pickup/drop off fees. You must collect your property within thirty (30) days of being notified, failing which we may dispose thereof. You authorise us to pick up, transport and store your property. Unless you take insurance, you check in your property entirely at your own risk and disclaim us from any liability in the event of damage to or theft thereof. Where you take insurance, you agree to advance payment of the non-refundable insurance premium and conditions of cover, including limitation of liability. It is your responsibility to submit an inventory of your property checked into our workshop.

Unless we have to order parts or run into unexpected technical difficulties, all services will be provided within one (1) day. We will notify you by e-mail/SMS. Where we have to order parts or in the event of a waiting time (e.g. backup estimated to take 5 hours) we reserve the right to arrange a follow-up appointment. Because every situation is different, we cannot guarantee completing any procedure within a specified timeframe.

Where we have to check in your hardware (e.g. monitors, laptops, printers) with a manufacturer on your behalf, any fees charged by the manufacturer will be for your account. We cannot guarantee any manufacturer’s lead time for any services/repairs.

In the unlikely event that you cancel any work in progress or refuse to follow our recommendations, your data may not be accessible and/or your hardware may not be usable. You do so entirely at your own risk and disclaim us from any further liability. You will be liable to us for payment of all service fees and parts up to this point.

We offer remote support to anyone in South Africa with a supported internet connection. You authorise us to connect to your computer in order to provide services to you. Remote support may consume data depending on duration and any downloads/uploads. Remote support is a best-effort service. We cannot guarantee any results.

It is your responsibility to backup your files, including but not limited to personal, business, specialist, hobbyist or niche data. We will not automatically backup your files. You must specifically request a backup. We cannot guarantee that any backup will be complete, error-free or contain all the files that you need. In the event of storage device failure, it may not be possible to backup your files at all. You disclaim us from any liability in the event of data loss. Where we make a backup of your data, we will retain such backup for five (5) days after which we will permanently destroy it.

We will keep your information and files confidential. Except to any extent required under the law, we will not disclose any information about your files to any third party. We will not make any unauthorised copies of your files.

You must provide the information we need to provide services to you, including any sensitive information such as passwords, license keys, etc. For security reasons, we recommend that you change your passwords as soon as possible.

In the event of reinstallation of your operating system/programs, you must provide the installation media (disks, downloads or otherwise) for your hardware/software (including operating system, drivers and applications). We will not install unofficial copies of any software under any circumstances. If you are unable to provide your installation media and/or licences, we will quote you on new installation media and/or licences. Where you accept the quote, you will be charged accordingly and agree to pay for all media and/or licences. If you use specialist, hobbyist or niche software or use equipment such as an office multi-function printer under contract, you may need to contact the applicable service providers to reinstall or reconfigure such software or equipment. We will not be liable to you for any such service provider’s fees.

Certain procedures carry a risk, including but not limited to damage to or loss of data or, in rare cases, actual hardware. Where you agree to such risk, you disclaim us from any further liability.

You agree to pay for all services and parts within seven (7) days of receipt of your invoice. We are not a credit provider under the National Credit Act. Our payment terms are ‘cash’ regardless of any grace period. In the unlikely event that you fail or otherwise refuse to pay for services or parts, we may hand your account over to our attorneys. Any collection fees, including but not limited to legal fees on attorney and client scale, will be for your account.

We offer a fourteen (14) day service warranty on all services. If you experience the exact same problem or any issues directly related to the problem originally reported or directly arising from the services provided to you during this time, having followed our prior recommendations, you will be entitled to a free follow-up (excluding parts).

We will not be liable to you for the actions, expressions, claims or representations of any of our staff acting beyond the scope of their employment, or for those of reviewers or any 3rd party.

You must e-mail complaints@delitech.co.za if you have any complaints. We will make every effort to resolve any issues. You agree not to report to any consumer forum, on any website or in the media, including social media, without giving us fair opportunity to respond, failing which we may  respond at the same level and publicly disclose any relevant facts.

In the unlikely event that we take legal action against you, all fees, including but not limited to legal fees on attorney and client scale, will be for your account.

You agree to the jurisdiction of the Magistrate’s Court as the final forum for dispute resolution.

OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO ANY EXTENT PROHIBITED UNDER THE LAW, YOU DISCLAIM US FROM ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR LOSS, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE OR LOSS ARISING FROM LOST PROFITS, REVENUE OR OPPORTUNITY. OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO R1000.

The names DELITECH I.T. SOLUTIONS and DELITECH and the Delitech I.T. Solutions logo are trademarks in the Republic of South Africa.

The name DELITECH I.T. SOLUTIONS is a registered defensive name.

Any failure by us to enforce any of our terms does not in any way suggest a waiver of any of our rights.  If any of our terms are severed, all remaining terms will remain in effect.

Our terms are governed by the laws of the Republic of South Africa, as applied to agreements entered into, and constitute a legal and binding agreement between the parties.

Any and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

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