Let Luis Fix IT – On Demand

Terms and Conditions

1. INTRODUCTION

(a) Luis Martinez t/as Let Luis Fix IT (ABN 87 680 770 505) (Let Luis Fix IT) provides on demand IT services (Services). These terms and conditions (Terms) govern Let Luis Fix IT’s supply of the Services to you (the Client).

(b) Bookings for Services (Bookings) can be made through phone, chat or letluisfixit.com.au (Website). If a Booking has been made, Let Luis Fix IT will contact the Client to confirm the Booking (Booking Confirmation) as well as set out:

• The Services to be provided;
• The items for which the Services will be provided (Equipment);
• The estimated date and time for the Service (Date and Time); and
• The estimated cost of the Services and/ or the fees chargeable for the Services (Fees).

(c) By making a Booking, the Client:

• Agrees to be bound by these Terms; and
• represents and warrants that they are over 18 years of age,

as a binding legal contract between the Client and Let Luis Fix IT.

(d) Making a Booking constitutes the Client’s intention and offer to enter into a contract, where Let Luis Fix IT will provide the Client with the Services they have ordered in exchange for payment of the Fees. A contract is not formed until the Client receives a Booking Confirmation.

(e) Let Luis Fix IT may change these Terms at any time by updating these Terms on the Website. Making a Booking following such an update will represent an agreement by the Client to be bound by the Terms as amended.

2. HOW TO READ THESE TERMS

Capitalised words and phrases used in these Terms have the meaning given:

(a) By the word immediately preceding any bolded and bracketed word(s) or phrase(s); or

(b) In the definitions in clause 18 of these Terms.

3. SERVICES

3.1 AGREEMENT FOR SERVICES

Let Luis Fix IT will provide the Services set out in the Booking Confirmation for the Equipment at the Date and Time for the Fees.

3.2 PROVISION OF SERVICES

At Let Luis Fix IT’s discretion, Services may be provided:

• On-site at the Client’s address;
• remotely; or
• on a “contactless” basis.

3.3 CONTACTLESS

(a) Services provided on a “contactless” basis may require the Client to leave Equipment at an agreed location. Let Luis Fix IT will notify the Client as soon as any Equipment is picked up or returned to the agreed location.

(b) Let Luis Fix IT will not be liable for any damage to or theft of the Equipment, if the Client leaves any Equipment unattended at the agreed location:

• Prior to Let Luis Fix IT picking up the Equipment; or
• After Let Luis Fix IT returns the Equipment.

3.4 ADDITIONAL SERVICES

(a) Let Luis Fix IT will only provide the Services set out in the Booking Confirmation

(b) If during the provision of the Services, the Client orders any additional services then the parties will follow the process set out in clause 4.

3.5 CANCELLATION FEE

Let Luis Fix IT may charge a cancellation fee of 50% of the Fees payable if the Client cancels the Services less than 24 hours prior to the Date and Time.

4. ADDITIONAL SERVICES

If the Client requires additional services (Additional Services), whether:

• Requested by the Client; or
• Suggested by Let Luis Fix IT,

Let Luis Fix IT will provide a quote for the Additional Services.

If the Client accepts the quote provided in accordance with clause 4(a), then:

• Let Luis Fix IT will provide the Additional Services; and
• The Client will be liable to pay the fees set out in the quote for the Additional Services,

In accordance with the terms and conditions of these Terms as if the Additional Services were provided as part of the Services.

5. SERVICES GENERALLY

5.1 GENERAL CLIENT ACKNOWLEDGMENTS

The Client acknowledges and agrees that:

(a) Let Luis Fix IT cannot guarantee that all issues, problems or security threats will be identified;

(b) Final solution may differ from initial diagnosis;

(c) Not all issues or problems can be resolved remotely. In addition, even if the Services are provided on-site, Let Luis Fix IT (with the Client’s agreement) may be required to take the Client’s item for further inspection; and

(d) Let Luis Fix IT is not liable for any loss or damage, including consequential loss that arises or results from, or is in connection with, the Client’s failure to follow any of Let Luis Fix IT’s instructions, recommendations or advice.

5.2 REPAIRS

If any Services include repairs, the Client acknowledges and agrees that:

(a) Equipment presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Equipment; and

(b) The repair of Equipment may result in the loss of Client Data.

5.3 REMOTE SERVICES

(a) Services provided remotely will be charged in time blocks of 30 minutes.

(b) The Client acknowledges and agrees that for Services provided remotely:

• There must be a person of at least 18 years of age present for the duration of the provision of remote Services;
• The Services must be provided to a person located in Australia; and
• The Client must comply with all of Let Luis Fix IT’s relevant policies and procedures.

5.4 ON-SITE SERVICES

(a) Services provided on-site will be charged:

• For the first 60 minutes;
• Then in time blocks of 30 minutes.

(b) Services provided on-site will also be charged a “Call Out Fee” as set out in the Booking Confirmation.

(c) The Client acknowledges and agrees that for Services provided on-site:

• There must be a person of at least 18 years of age present for the duration of the provision of on-site Services;
• The Client will provide a safe working environment and working space for Let Luis Fix IT’s on-site personnel;
• If the Services involve the installation of Software, then the Client must provide Let Luis Fix IT’s on-site personnel with the installation disks and/ or product key for the Software;
• The Client must comply with all of Let Luis Fix IT’s relevant policies and procedures; and
• The Client must not, threaten or cause any physical harm or injury to Let Luis Fix IT’s on-site personnel.

5.5 RECOMMENDATIONS

The Client acknowledges and agrees that:

(a) Any information or recommendations provided to the Client in relation the Client’s IT System in the course of providing the Services is based on:

• The information provided by the Client to Let Luis Fix IT; and
• Let Luis Fix IT’ knowledge of current best practice and technological developments;

(b) The Client must make its own assessments of its requirements and IT needs; and

(c) The Client must ensure that it complies with applicable regulations relevant to the Client’s business, including industrial relations laws and privacy laws.

5.6 SOFTWARE LICENCES & TERMS AND CONDITIONS

(a) The Client acknowledges and agrees that third party terms & conditions may apply to any part of the Services (Third Party Terms).

(b) Let Luis Fix IT will endeavour to notify the Client of Third Party Terms that apply to the Services, in which case:

• The Client must immediately notify Let Luis Fix IT if they do not agree to the Third Party Terms; and
• If Let Luis Fix IT does not receive a notice in accordance with clause 6(b)(i) the Client will be taken to have accepted those Third Party Terms, and Let Luis Fix IT will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

(c) The Client acknowledges and agrees that if the Client does not agree to any Third Party Terms, this may affect Let Luis Fix IT’s ability to provide the Services.

5.7 PERSONNEL

Let Luis Fix IT will endeavour to ensure that the Services are provided by personnel who are suitably qualified, with appropriate skills and experience to provide the Services to an acceptable standard.

5.8 DATES AND TIMES

(a) The Date and Time set out in a Booking Confirmation are indicative only and included as a guide for when the Services are expected to be performed.

(b) Let Luis Fix IT may, due to various reasons beyond its control, need to change the Date and Time. Let Luis Fix IT will notify the Client if more than a 24 hour change is required.

5.9 AUTONOMY AND DISCRETION

Let Luis Fix IT will have absolute control and discretion over working times, methods, and decision making in relation to the provision of the Services. Let Luis Fix IT will be responsive to the reasonable needs and concerns of the Client.

5.10 SUBCONTRACTS

The Client acknowledges and agrees that Let Luis Fix IT may, in its discretion and without further notice to or approval from the Client, subcontract any part of the Services. Let Luis Fix IT will be responsible for any subcontractors’ provision of the Services.

6. GENERAL CLIENT OBLIGATIONS

6.1 PROVIDE INFORMATION AND ACCESS

(a) The Client agrees to provide Let Luis Fix IT with all documentation, information and assistance as reasonably required by Let Luis Fix IT to provide the Services.

(b) The Client agrees to provide Let Luis Fix IT with access to:

• The Client’s premises and personnel; and
• The Client’s IT System,

as reasonably required by Let Luis Fix IT to provide the Services.

(c) The Client acknowledges and agrees that the Service may require Let Luis Fix IT to access, modify, reproduce and/ or temporarily impair the Client’s IT System and/ or Client Data.

6.2 BACK UP CLIENT DATA

(a) The Client must back up all Client Data for any items that Let Luis Fix IT will provide the Services to before the Services are provided. If the Client is unable to back up the Client Data, Let Luis Fix may offer to back up the Client Data before providing the Services.

(b) Despite clause 2(a), Let Luis Fix IT will not be liable for and the Client agrees to waive any claim against Let Luis Fix IT for any damages or loss including consequential loss related to or in connection with any loss or corruption of Client Data during the provision of the Services.

6.3 PASSWORDS

If reasonably required by Let Luis Fix IT to provide the Services, the Client is required to provide login details or passwords, the Client must provide the login details or passwords in a form that is encrypted. If the Client elects not to encrypt the login details or passwords, then the Client agrees to update or change the login details or passwords immediately after the Services have been provided.

6.4 SPECIFIED CONFIGURATION AND SOFTWARE

(a) The Client must maintain the Client’s hardware, Software licences and internet connection as necessary for Let Luis Fix IT to provide the Services.

(b) The Client must, and ensure must ensure that its personnel, comply with all Software licences. Unless permitted by the relevant Software licence, the Client must not attempt to circumvent any technological protection mechanism or other security features of any Software.

(c) Let Luis Fix IT will not be responsible for any access or performance related issues arising out of or in connection with the Client’s failure to comply with this clause 4.

6.5 COMPLIANCE WITH LAWS

The Client agrees that it will not, by receiving or requesting the Services:

(a) Breach any applicable laws, rules and regulations (including any applicable privacy laws); or

(b) Infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

7. DATA BREACH

(a) The Client or Let Luis Fix IT (as the case may be) will immediately notify the other party after learning of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information (collectively, Security Breaches).

(b) Let Luis Fix IT will promptly investigate each potential, actual or suspected Security Breach and assist the Client and its personnel in connection with any investigation that the Client may desire to conduct with respect to the Security Breach.

(c) Let Luis Fix IT will take all steps requested by the Client to limit, stop or otherwise remedy any potential, actual or suspected Security Breach. The Client must take all steps necessary to ensure that data integrity is maintained if the IT System crashes, suffers a power surge or is otherwise compromised, including by immediately notifying Let Luis Fix IT and following any directions given by Let Luis Fix IT.

(d) The Client will be solely responsible for any obligations in relation to any Notifiable Data Breaches and the Office of the Australian Information Commission.

8. FEES AND PAYMENT

8.1 FEES

(a) The Client must pay the Fees in the amounts and the time set out in the relevant invoice issued by Let Luis Fix IT and/ or the Booking Confirmation.

(b) Unless otherwise set out in these Terms, to the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) any Fees paid in accordance with these Terms are non-refundable.

8.2 PAYMENT METHOD

Let Luis Fix IT will issue a tax invoice to the Client for payment of the Fees. The Client must pay the Fees in accordance with the remittance method set out in an invoice.

8.3 SUSPENSION OF SERVICES

Let Luis Fix IT reserves the right to suspend all or part of the Services indefinitely where the Client fails to pay the Fees in the amounts and times set out in an invoice.

8.4 GST

Unless otherwise indicated, amounts stated in the Booking Confirmation do not include GST. In relation to any GST payable for a taxable supply by Let Luis Fix IT, the Client must pay the GST subject to Let Luis Fix IT providing a tax invoice.

8.5 CARD SURCHARGES

Let Luis Fix IT reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

9. CONFIDENTIALITY AND PRIVACY

9.1 PRIVACY

(a) The parties must comply with:

• If applicable, their respective obligations under the Privacy Act 1988 (Cth); and
• Let Luis Fix IT’s privacy policy as in force from time to time.

(b) Let Luis Fix IT will keep the Client informed of any changes to Let Luis Fix IT’s Privacy policy during the term.

9.2 CONFIDENTIAL INFORMATION

The parties will not, during or at any time after the Term, disclose Confidential Information directly or indirectly to any third party except:

(a) With the other party’s prior written consent;

(b) as required by Law; or

to their personnel on a need to know basis for the purposes of provideing its obligations under these Terms (Additional Disclosees).

9.3 BREACH

If either party becomes aware of a suspected or actual breach of clause 9.2 by that party or an Additional Disclosee, that party will immediately notify the other party and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient remedy for a breach of this clause 9.2.

9.4 PERMITTED USE

A party may only use the Confidential Information of the other party for the purposes of exercising its rights or provideing its obligations under these Terms.

9.5 RETURN

On termination or expiration of these Terms, each party must immediately return to the other party, or (if requested by the other party) destroy, any documents or other material in its possession or control containing Confidential Information of the other party.

9.6 ADDITIONAL DISCLOSEES

Each party will ensure that Additional Disclosees keep the Confidential Information confidential on the terms provided in clause 9.2. Each party will, when requested by the other party, arrange for an Additional Disclosee to execute a document in a form reasonably required by the other party to protect Confidential Information.

10. INTELLECTUAL PROPERTY

10.1 LET LUIS FIX IT IP

The Client will not under these Terms acquire Intellectual Property Rights in any of Let Luis Fix IT’s Materials. Any New Material will be solely and exclusively owned by Let Luis Fix IT.

10.2 DEFINITIONS

In this clause, the following terms have the following meanings in relation to Intellectual Property Rights:

(a) Material means tangible and intangible information, documents, reports, Software (including source and object code), inventions, data and other materials in any media whatsoever.

(b) New Material means Material that is created, designed, developed or otherwise brought into existence during the Term for the purposes of these Terms.

11. TESTIMONIALS AND REVIEWS

The Client may provide testimonial or review for the Services provided by Let Luis Fix IT. The Client grants to Let Luis Fix IT a royalty free, non-exclusive, non-transferable, worldwide and irrevocable license to use any testimonials or reviews for promotional, marketing and advertising purposes.

12. WARRANTIES AND LIABILITY

12.1 WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

12.2 LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Let Luis Fix IT to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms is limited to the total Fees paid to Let Luis Fix IT by the Client.

(b) (Indemnity) The Client agrees at all times to indemnify and hold harmless Let Luis Fix IT and its officers, employees and agents (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’ or agents’:

• Breach of any term of these Terms;
• Breach of any Third Party Terms; or
• Negligent, fraudulent or criminal act or omission.

(c) (Consequential loss) Let Luis Fix IT will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Let Luis Fix IT, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

13. DISPUTE RESOLUTION

(a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these Terms prior to commencing any proceedings.

(b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party.

(c) The parties acknowledge and agree that compliance with this clause 13(a) is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:

• In the case of applications for urgent interlocutory relief; or
• A breach by another party of this clause 13(a).

14. TERMINATION

14.1 TERMINATION RIGHTS

(a) Let Luis Fix IT may terminate this contract at any time by written notice to the Client.

(b) In addition to any other provision of these Terms, either party (Non-Defaulting Party) may terminate this contract immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:

• Is in breach of these Terms and either:

– Fails to remedy such breach within 7 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or

– that breach is not capable of remedy; or

• Ceases, suspends or threatens to cease or suspend to conduct its business.

14.2 ACCRUED RIGHTS AND LIABILITIES

The expiration or termination of this contract will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of these Terms occurring prior to expiration or termination of these Terms.

14.3 CONSEQUENCES OF EXPIRATION OR TERMINATION

Upon expiration or termination of this contract:

(a) Let Luis Fix IT will refund any amounts paid by the Client for Services not provided as at the date of termination;

(b) The Client must pay all amounts owed for Services already provided as at the date of termination, including any third party vendor amounts already committed to by Let Luis Fix IT on behalf of the Client;

(c) each party must return all property of the other party to that other party; and

(d) each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party.

14.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.

15. FORCE MAJEURE

(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

• Reasonable details of the Force Majeure Event; and
• So far as is known, the probable extent to which the Affected Party will be unable to provide or be delayed in performing its obligation.

(b) Subject to compliance with clause 15(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

• Act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
• Strikes or other industrial action outside of the control of the Affected Party;
• War, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
• Any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to provide its obligations.

16. NOTICES

(a) A notice or other communication to a party under these Terms must be:

• In writing and in English; and
• Delivered via email to the other party, to the email address most regularly used by the parties to correspond for the purposes of the subject matter of these Terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

• 24 hours after the email was sent; or
• when replied to by the other party,

whichever is sooner.

17. GENERAL

17.1 RELATIONSHIP

In providing the Services under these Terms it is expressly agreed that Let Luis Fix IT is acting as an independent contractor and not as an employee. The parties agree that these Terms does not create a partnership or joint venture between them.

17.2 GOVERNING LAW AND JURISDICTION

These Terms is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

17.3 BUSINESS DAYS

If the day on which any act is to be done under these Terms is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where these Terms expressly specifies otherwise.

17.4 AMENDMENTS

These Terms may only be amended in accordance with a written agreement between the parties.

17.5 WAIVER

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

17.6 SEVERANCE

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

17.7 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

17.8 ENTIRE AGREEMENT

These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

17.9 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.

18. DEFINITIONS

In these terms and conditions, the following words and phrases have the following meaning: