AMX Computers Terms and Conditions
Acceptance:
As a customer of AMX Computers Ltd (here in referred to as ‘AMX’), you agree to be bound by this AMX Computers Ltd "Terms of Trade" for Supply, Service and Subscriptions (which is subject to change without notice) and applies to all work, orders and purchases undertaken or ordered by you the customer. A current copy of this document is available upon request.
The following is deemed acceptance of these terms of trade as a binding contract:
When AMX is requested by phone, email, verbal or fax visit a computer in the home or place of business
When AMX is asked by a customer to order or supply product
When AMX has been asked to monitor and maintain systems or equipment
When a customer agrees us use, consume or sign up for an AMX supplied 3rd party service or subscription.
When equipment is delivered to AMX for investigation, quote or service
Prices:
Prices are subject to change without notice and all prices quoted are subject to source prices and availability at time of placement of order.
AMX’s normal business hours are 9:00 am to 5:00 Monday to Friday excluding statutory holidays. Customers will be expected to pay additional charges for any form of support including phone, remote support, call out Services etc.
Your Data:
Whilst every effort is made to protect and recover your computer’s data, occasionally the unforeseen does happen and data is lost.
AMX assumes no responsibility for lost or damaged data. The customer hereby indemnifies AMX from any claim, liability or recourse related to the loss of their or any associated person’s data.
We recommend that you have a backup system that enables you to keep a safe copy of your data at all times.
Malicious software infection (malware): AMX will take every reasonable step in an effort to keep customer systems free and safe from any form of Malware. The customer takes all responsibility and will not hold AMX responsible for infection of any kind. Infections will be resolved at the customer’s expense.
Cloud Data (Subscription Data, One Drive data, Email Data, Backup Data: if cloud data is lost or excluded for any reason weather under AMX's control or not, is the customer's responsibility. AMX recommends independent cloud backup systems for your security.
Backup: When AMX configures, supplies, arranges a subscription, the customer is responsible for ensuring that the correct data is being backed up and for initiating test restores and satisfying them selves that the correct data is being backed up.
Also see termination of Subscriptions or Service.
Customer Property:
AMX takes every reasonable step to take care of any customer property. In the very unlikely event of damage or loss from any cause, AMX undertakes to replace any damaged computer system hardware only. Any items replaced will be the equivalent or better but not necessarily the same brand as replacement. Quality second hand parts may also be used in this case.
In case of events occurring outside the control of AMX, we do not accept any responsibility whatsoever for damage or component failure whilst in our care.
Confidentiality:
Other than data recovery, backup and restore operations, AMX Computers Ltd will not discuss, share or copy any data, files or software found on your system/s and all backups or copies will be destroyed or deleted after a term of about 2 months or once you are happy all data required has been restored.
Warranty:
All new products and parts are covered by a limited 1 year return to base warranty unless covered under a separate warranty agreement. Depending on the product, the warranty for most products comes from a supplier or vendor of AMX Computers Ltd and the customer may be directed back to that vendor.
All Second hand or refurbished products and parts are covered by a limited 1 month return to base warranty unless covered under a separate warranty agreement.
In the event of part or product failure, unless specified separately, any labour, data and effected software and setup time is not covered by any hardware warrantee.
In the case of Database or Web site creation, there is a 3 month limit on bug correction under warrantee. AMX will not be responsible for any loss incurred as a result of erroneous or incorrect data, information from any software, system or web site either developed in house or supplied from a third party.
Unless agreed in writing any AMX Support in the form of call out, phone support, remote support etc, all support will be chargeable at standard AMX Rates.
Payment:
Unless prior arrangements are made, payment is required on completion of the job.
Any payments or outstanding debts may incur debt recovery costs including employment of debt recovery agents.
In some circumstances, especially when expensive hardware purchases are required, AMX may request a deposit, part or full payment.
ONLY Customers with pre arranged credit may have a credit line which will require payment on or before the 20th of the month following invoice. A written agreement will be provided and a credit check may be undertaken, 3 financial business references will be needed. All other customers will pay cash on delivery or (upon agreement with AMX) pay within 7 days of the invoice date. This is made clear on the customer invoice.
Customers with an agreed "7 Day Invoice" will make full payment within 7 days of the invoice date.
Disputes or reasons for non-payment will be communicated to AMX in writing within 1 week.
Cheques are no longer accepted.
Credit cards are only accepted by arrangement or if a 4% bank imposed surcharge is paid.
Payment terms for subscriptions such as all Office 365 hosting and subscriptions, Web and Email hosting or backup services are either on a 7 day invoice or 20th of the month following invoice (which ever is prearranged in writing). If payment is more than 1 week past the agreed payment time frame, two reminder emails over 7 days (a few days apart) will be sent requesting payment that be made urgently. The second email will make clear that if payment is not received within 24 hours from that email, any unpaid service/s may be suspended or terminated. When a service is suspended, customer data will be maintained for additional 1 week grace period, following that, any service may be terminated and customer data within that service or subscription may be permanently deleted at the discretion of AMX.
Scope of Work:
AMX will work within the scope of the job as arranged and charge for that work. If we find anything else outside that scope, we will stop work and advise you and seek further instruction.
AMX shall be known as the primary supplier and may from time to time, at our, discretion may employ 3rd party contractors. If AMX requires additional, outside expertise to remedy a problem, the customer agrees to reimburse AMX for such services. The possibility of such additional costs will be communicated to a customer in advance.
The customer agrees to reimburse AMX for delivery costs of any customer property either by AMX or by a 3rd party or parts. This may include handling, packing and freight/labour charges.
Customer Responsibilities:
The customer is responsible to provide clear and where ever possible written instructions and expectations of the outcome of work to be performed. If you require an estimate, please ask for one as they are not provided automatically.
Callout Cancellations: When a callout is cancelled, 2 hours notice is required. A lesser time frame may incur a callout charge.
A customer's equipment whilst in the care of AMX computers must be insured under the customer's own insurance policy for any event including fire, theft, accidental damage by AMX or its staff or act of God.
AMX Guarantees:
AMX does guarantee to provide solutions to computer problems. The customer must allow reasonable time frames, access and budget to allow AMX to deliver this guarantee. The customer must make available all media, license and activation information and passwords and network/server access.
Due to the highly technical and interdependent nature of drivers, software systems and operating systems and the vast array of integrating systems in a computer and cloud based services, other issues may arise or be uncovered either at the time of repair or after the system has left the care of AMX. The customer assumes responsibility for these issues. In some cases we will cover such issues but we do reserve the right to charge for additional work pro-rata.
System Recovery:
If your computer’s operating system is to be recovered, your hard drive will be COMPLETLEY cleared. This means all software, programs, files, settings and data will be permanently deleted.
As a policy, we take an image (Complete backup) of the hard drive. The data recovered is limited to each user account’s ‘MY Documents’, ‘Email data’, ‘Favourites’ and ‘Desktop contents’. If we miss anything, we retain the backup for a month or 2 or until we need the storage.
Your programs are not backed up. These will need to be re-installed.
After a system is recovered, it is important that it is made secure from Virus’s, Trojans, ad ware and spy ware immediately. Unless specified, Kaspersky Internet Security is installed, all operation system updates and patches are installed.
Other software will be installed as instructed by the customer. The customer accepts all responsibility for any software licensing requirements and issues.
Software and Subscriptions Licencing:
AMX will always attempt to supply or install or reinstate your software or subscriptions with licenceing and agreements the customer provides.
AMX will endeavour to provide the best advice regarding vendor licencing and subscription information but the ultimate responsibility for vendor licencing and agreements for any services, hardware or software to install use or access lies with the completely wit the customer.
AMX does not assume any responsibility for customer software or service/subscription licencing.
Termination of Services or Subscriptions:
AMX Initiated Termination of a subscription or service - for any reason (except non/or late payment), AMX decides to terminate a customer's subscription written notice will be given with at least a full months anniversary notice. AMX will offer solutions to migrate, recover, copy or download customer owner data to a medium of their choice. This may or may not incur charges. The data will be made available once any final and outstanding debt is paid .
AMX Initiated Termination of a subscription or service - In the case of non payment or late payment (see also Subscription payment terms) to minimise any additional losses or disruption to business, AMX may decide to terminate a customer's subscription. Written notice will be given with 1 weeks notice of impending suspension. If after 1 week the customer has not met their financial obligations, AMX will terminate their subscriptions with out further notice. AMX will offer solutions to migrate, recover, copy or download customer owner data to a medium of their choice. This may or may not incur charges. The data will be made available once any final and outstanding debt is paid, this may subscribing under a different plan or with a difference service.
Customer Initiated Termination of a subscription or service - If for any reason a customer decides to terminate a their service or subscription, written notice is required with at least 1 full months anniversary notice. AMX will offer solutions to migrate, recover, copy or download customer owner data to a medium of their choice. This may or may not incur charges. The data will be made available once any final and outstanding debt is paid .
AMX Disclaimer:
Any claims for unsatisfactory workmanship, products or systems must me made within 7 days of the invoice date.
AMX shall not be held in any way responsible for any advice, comment or assertion made by AMX, its agents, other persons, text or media.
These terms and conditions are applicable to both consumer and businesses. Where goods and services are supplied for business use, the New Zealand Consumer Guarantees Act shall not be applicable.
AMX will in no way be held responsible for any consequential loss as a result of advice, work, goods, products, subscriptions or services supplied to any customer.
Definitions:
For the purposes of these Terms of Trade:
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"Data" is defined as files, information, programs and configurations or anything stored on customer owned hardware or 3rtd party hardware, including any cloud based services.
"Cloud" or "The Cloud" or "Cloud Computing" is defined as a service, connection, computer program system or other system that is web based and located or stored on the internet.
Subscription is defined as a regular payment in return for a service or storage of customer data and information.
Backup is defined as a copy of a customers information, setup and data which could be stored locally, internally, externally or in a cloud or 3rd party internet based services.