Privacy Policy

Privacy Policy of AV IT Services tells you information about us and the legal terms and conditions (Terms) on which we provide our services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the provision of our Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the website AV IT Services. We are AV IT Services Pty Limited, a company registered in Australia with our registered office at Unit 2/7 Hector Street West Osborne Park WA 6017.

1.2 To contact us, please see our Contact Us page 

2. OUR SERVICES

You authorise AV IT Services Limited to conduct an evaluation of the machine sent to determine the nature of damage and provide an estimate of repair cost and timing. No work beyond this evaluation will be charged without explicit approval by you.

We will provide you website development, call centre solutions, APP development and VOIP Telephony quotation and once you approve the quote we will start doing work on it

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. IF YOU ARE A CONSUMER

This clause 4 only applies if you are a consumer.

4.1 As a consumer, you have rights in relation to Services that are negligent or not performed within a reasonable time so we offer No Fix No Charge

5. IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.

5.2 These Terms and our Privacy Policy constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 To place an order on our site, please fill out the Contact Form and a member of our Team will contact you via email or in person depend on the location and time

6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received and accepted your order.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.

7.2 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you have a right to cancel a Contract during the period set out below in clause 8.3

8.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. You usually have a period of 7 (seven) working days in which you may cancel, unless you have requested us to perform the Service within the 7 day period. If we have already performed the Service within the seven day period then you have no right to cancel.

8.3 To cancel a Contract, please contact us in writing by sending an e-mail to info@avitservices.com.au or calling our customer support number on (08) 9276- 7130

. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. We refund you on the credit card, Bank transfer or debit card used by you to pay.

9. PRICE OF SERVICE AND DELIVERY CHARGES

9.1 The prices of the Service will be as quoted in email. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.

9.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed already.

10. HOW TO PAY

10.1 You can pay for our Services using a debit card or credit card via Paypal or by cash or by bank transfer.

11. AUTHORISATION

11.1 You hereby authorise us to conduct an evaluation of the hardware and software provided to determine the nature of the damage and provide an estimate of costs and timing.

11.2 Any items left with us unclaimed beyond 30 days from notification will be disposed of and we shall have no further liability to you or any third party.

12. WARRANTY & NO FIX NO FEE POLICY

12.1 We provide a 30 day warranty on all hardware and software repaired by us. We will not be held responsible for any lost data and you are advised to back up all data prior to using our Service.

12.2 The warranty in clause 12.1 does not apply to any defect arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the product in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.

12.3 If you are a consumer, we will agree on maintenance support.

12.4 Our no-fix-no-fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer.

12.5 If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.

12.6 If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so because the customer does not possess the required parts, software installation media or Product Key, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.

12.7 If the engineer provides a diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.

12.8 The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or so.

12.9. The Engineer will visit the business for Network, Server and Desktop Support and if he unable to fix the issue (which is impossible) then there is no charge for it and vice versa.

13. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 13 only applies if you are a business customer.

13.1 We only supply the Service for internal use by your business, and you agree not to use the product for any re-sale purposes.

13.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; 

13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

13.4 Subject to clause 13.2 and clause 13.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise

13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

14. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 14 only applies if you are a consumer.

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.2 We only supply a Service to products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. COMMUNICATIONS BETWEEN US

16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

16.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail info@avitservices.com.au. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to info@avitservices.com.au. You can always contact us using our Customer Services telephone line.

16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

16.4 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.8 AV IT Services agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of AV IT Services subject to confidentiality agreements or as required by law.

18 Dispute Resolution

18.1 Escalation

If there is any dispute arising out of or in connection with this document, before commencing any arbitral proceeding under clause 18.2:

(a) the party raising the dispute must notify the other party in writing that a dispute exists, with sufficient detail to enable the dispute to be considered;

(b) the parties must then meet to discuss and attempt to resolve the dispute; and

(c) if the dispute is not resolved after seven days from that notice, the dispute is to be resolved in accordance with clause 18.2.

18.2 Mediation

If clause 18.1(c) applies, then any dispute or difference arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules

Disclaimer

Although all attempts are made to provide accurate, current and reliable information, you should recognise the possibility that errors may exist in the information available on this Web site. AV IT Services expressly denies any warranty of the accuracy, reliability, or timeliness of any information made available on this Web site, and shall not be held liable for any losses caused by reliance upon the accuracy, reliability, or timeliness of the information. A person who relies upon information made available on this Web site does so at the person’s own risk.
Before following any advice or installing any software or hardware recommended or mentioned on this site, you are strongly encouraged to do a full backup of your data and system. AV IT Services shall under no circumstances be responsible for data loss or system failure.

Services and products advertised on this site may be modified or discontinued without prior notice. Prices for services or products are subject to change without prior notice.

Copyright Notice

All content on this site is the property of and copyrighted by AV IT Services or its content suppliers and protected copyright laws. All software used on this site is the property of AV IT Services or its software suppliers and protected copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

Any duplication of any kind on this site is strictly forbidden by law without the author’s & webmaster’s consent. No copyright infringement is intended. All copyrights are property of their respective owners. AV IT Services claims ownership and copyrights to only design elements, graphics, and content that do not violate or infringe upon copyrights and/or trademarks made and claimed by other entities. This includes all previous offline versions of the site.

Any opinions or views expressed within these pages do not necessarily reflect those of AV IT Services and its associated companies and should not be taken as fact. The staff here at AV IT Services have tried to make this page legal to the best of their abilities. If you find something on this page that is illegal, please notify us so that corrections can be made within 24 hours. If you have any questions, comments, and/or suggestions, please feel free to contact us.

If you use anything from this site, just tell us in order to avoid penalty for infringement. We will not be held liable for any mishaps from using this site.

All of the files on this website do not reside on the site itself but on a private server. If you have a complaint/issue about our site, please do not notify our web provider because they are not the ones responsible and only provide us with html space. If necessary, notify the AV IT Services webmaster and we will try to resolve it ASAP.