Quality Software & Services

TERMS AND CONDITIONS

 

SAM’S SOFTWARE & CONSULTING PTY LTD ABN 40 142 997 804


1.    About these Terms and Conditions

These terms and conditions apply to the use of this web site “Sam’s Software & Consulting Pty Ltd”. In using this web site, you agree to be bound by these terms and conditions and the Privacy Policy (collectively referred to as the “Website Terms”). When you use our services and/or purchase products from us, you agree that you have read and understood these Terms. If you do not accept these terms and conditions, you must refrain from using the web site.
 

2.    Terminology

In these terms and conditions, the expressions “Sam’s Software & Consulting”, “we”, “us” and “our” are a reference to the Sam’s Software & Consulting Pty Ltd ABN 40 142 997 804. The expression "you" and "your" means you the customer.

 

3.    Amendments to the terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

 

4.    What we do

We provide our services by:

  • Visiting your premises (On-Site Services);
  • Helping you over the internet (Online Services); or
  • Selling you certain types of equipment, hardware or software (Sales Services).  

As part of providing some of these services, we may take your hardware to our base.  Before we service your hardware/software, you must sign our Computer Release Form. Our services will be provided during our service hours which are set out on our website. Our services are designed to meet the needs of home users and small businesses.

 

5.    Sales Service

You may offer to purchase goods described on this web site for the price specified on this web site using the forms contained on this website.

The order forms will request and your must provide your name, email address, credit card details and any other ordering information specified on this web site.

We give no undertaking as to the availability of products advertised on this web site.

Delivery of the goods to you will be affected in the manner described in this web site.

Title in the goods does not pass to you until payment has been received by us.

Risk of loss or damage to the goods passes to you upon dispatch.

The goods are offered for sale only to persons who can make legally binding contracts.

 

6.    Payment Methods and Processing

Sam's Software Pty Ltd accepts Visa, MasterCard and American Express credit cards,   debit cards and PayPal only.

Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction description. Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding New South Wales public holidays.

We process credit card payments after you click the "Place Order" button.

For credit card payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.

Please note:

  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.

 

7.    Prices

Sam's Software Pty Ltd always seeks to list Products with the most competitive prices.

Sam's Software Pty Ltd reserves the right to change prices for Products displayed at the Sam's Software Pty Ltd website at any time.

 

8.    Supply of Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.

 

9.    GST

All prices quoted on this website are exclusive of GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.

 

10.  Faulty Products

Sam's Software Pty Ltd is proud to offer our customers quality products. We will endeavor to supply you with product your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please email us at sales@samssoftware.com.au. We will supply you with a replacement product.

 

11.  Cancellation due to error/suspected fraud

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or oversight.

Likewise in situations where you have ordered a product which you are not eligible to purchase; such as ordering a renewal license and failing to provide us current license details, ordering student licenses and not providing valid student credentials..etc will result in cancelation of your order.

In these circumstances we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.

We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

The exception to the above is in situations where you have provided us with invalid contact details [including but not limited to invalid name, invalid phone number, any attempts to conceal your true IP address..etc] which will be considered as an indication of attempted credit card/PayPal Account fraud. In such situations a refund will only be done after the true owner of the card/paypal account does a charge back claim via the card issuing bank/Paypal.

As deemed necessary in above situations we reserve the right to prevent you from accessing our website and/or placing orders for products and services with us.

 

12.  Delivery Charges

Delivery charges for orders to be sent outside Sydney, New South Wales, Australia are subject to confirmation at the time the order is placed. Sam's Software & Consulting reserves the right to change prices for delivery at any time.

Please note:

Products that you purchase in electronic format and that are delivered to you by email or via the internet do not incur delivery charges.

 

13.  Delivery Times

All orders on this website are processed within 1 business day. Products purchased in electronic format (i.e. delivered by e-mail and internet) should normally be delivered to you within 1/2 a day to 1 day after processing the order. If there are any unforeseeable delays, you will be contacted by our customer service team.

Orders will be delivered to you by Sam's Software & Consulting via express post, or where more appropriate, a Courier Service of our choosing.

       Please note:

        If you REQUIRE a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An additional charge will be payable for this service.
        Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.

With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.

14.  Products Damaged in Transit

All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.

Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchaser’s (your) risk.

If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options.

Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please either email us at sales@samssoftware.com.au or call the courier's customer service team. We will supply you with a replacement product.

 

15.  Refund Policy

Products in electronic format (delivered by email and internet) – are normally offered with a 28 day money back guarantee. However some of our partners that supply us with products do not offer refunds, thus on certain products we are unable to offer refunds to you.

The partners that do not offer refunds on their products are as follows:

  •   Kaspersky
  •   ESET
  •   Avira
  •   AVG
  •   eScan


In order to avoid a situation of you purchasing a product that you are not fully satisfied with, we strongly recommend that you first download the free trial version and evaluate it. Most partners allow you to download a fully functional trial product and use it for around 28 days for free. At the end of the trial period if you are satisfied with the product then you may proceed to buy it; otherwise you should try out a different trial product until you find the product that you are most satisfied with.

As for shipped products - If you receive a damaged or defective item, please contact us within 24 hours of receiving the goods. Please supply your order number from your original confirmation e-mail, as well as a description of the damage or defect, along with your e-mail address and phone number. Once we receive all the necessary information we will authorise for the return of the goods and arrange a credit towards your next purchase or send a replacement product after we receive the original item(s) back. Please pack the item(s) securely in the original product packaging, if possible. Please include all paperwork, parts, and accessories. Customer will incur the cost of return postage and be credited the purchase price only.

Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.

 

16.  Faulty Products


Sam's Software Pty Ltd is proud to offer our customers quality products. We will endeavor to supply you with product your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please email us at sales@samssoftware.com.au. We will supply you with a replacement product.

 

17.  What we need you to do

So that we can provide you with the best services we can, it is important that you do certain things requested by us before we provide certain of our services to you.  If you don't do these things, depending on the services you require, we may not be able to provide you with our services and/or you may risk losing valuable data.  In the case of On-Site Services, if you do not do these things, before our visit, we may charge you a cancellation fee of $ 150+GST.

        Software – If our services involve the installation of software, then you must provide our Staff member with the installation disks for your operating system or software along with a product key for this software.
        Backing up your software or data - Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work.  You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer's hard drive(s) and/or any other storage devices you have before we provide any services to you (including Phone services).

If for some reason you cannot back-up your data, we can do this for you for a fee as part of our On-Site Services if you request our service which is provided pursuant to these Terms (including the Back-up Consent Form).  If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible at any time for any loss, alteration or corruption of data or files relating, either directly or indirectly from the provision of our services.

 

18.  On-site Services

On-Site Services involve our staff member visiting you at your home, business or other location requested by you (hereinafter referred to as the “Premises”). When we visit your Premises, you must acknowledge that you have read and understood these Terms before we will provide services to you.

You must ensure that a person of at least 18 years of age is present for the duration of the provision of On-site Services.

You must provide our staff member with access to the areas of your Premises necessary to provide services, necessary passwords to your computer, a safe working environment and working space, electrical power and internet access (where applicable).

You acknowledge that if our staff member arrives at your Premises and such things are not provided, we may not be able to provide you with services and you may be charged a cancellation fee (as set out on our website).

 

19.  Internet Based Services

We will attempt problem diagnosis and a solution over the Internet for an applicable fee.

All Internet Based Services require credit card payment prior to commencement of service. We will not be able to provide Remote Services unless we are given remote access to your computer and you have a broadband connection. We cannot gain access to your computer remotely unless you have given us your permission to do so and you have downloaded software onto your computer to allow us to do so. When you download that software you agree to our Terms and any other terms and conditions relating to that software.

Whilst our technicians will use reasonable amounts of skill and care to resolve problems you have referred to us, you accept that we may not be able to correct your problem using our Internet Based Services due to circumstances beyond our control. In the event that it is not possible, we will discuss alternative methods with you in order to resolve your problem, including our on-premises service if you live within our service area.

 

20.  Copyright  

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislations which apply in you location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

Commercialise any information, product or services obtained from any part of this web site;

without our express written permission.

 

21.  Trademarks

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trademark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.

You must not use our trade marks without our express written permission.

 

22.  Restricted use

Unless we agree otherwise in writing, you are provided access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. You may not without our express written permission on sell information obtained from this web site.

 

23.   Linked web sites



This web site may contain links to other third party web sites (hereinafter referred to as “linked web sites”).

We are not responsible for the content or privacy practices of these linked web sites.

Our links should be construed as an endorsement, approval or recommendation by us of a linked web site, unless stated expressly by us on this website.

24.  Privacy Policy

We undertake to comply with our privacy policy which is found here.

25.  How we handle emails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

 

26.  Security of information

This website takes every precaution to protect your information. When you submit sensitive information via the website, your information is protected both online and off-line. For example when you enter personal details in our registration or sensitive information (such as credit card number) order form that information is encrypted and is protected with industry leading SSL encryption. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line

Notwithstanding the above, normal data transmissions over the Internet cannot be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us by email. Accordingly, any information which you transmit to us via email is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

27.  Termination of access

Access to this web site may be terminated at any time without notice. Our disclaimer will nevertheless survive any such termination.

 

28.  Disclaimer

We do not accept responsibility for any loss, damage however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or our services or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contain on or accessed through this web site.

To the full extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

Nothing in these Terms and Conditions excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the wilful misconduct of either party.

To the full extent permitted by law, under no circumstances will we, nor any related entities or any third party provider or partner engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us.

 

29.  Exception to disclaimer

This disclaimer set out in these Terms and Conditions does not attempt or purpot to exclude liability arising under statute if, and the extent, such liability cannot be lawfully excluded.

 

30.  Limited Liability

To the full extent permitted by law, our sole liability to you:

  1. in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service the subject of our liability; and
  2. in respect of the goods we provide, is limited to the amount of the fees and charges paid by you to us under these Terms for the particular goods.


 To the extent we can limit such liability; we limit our liability to:

          ο in the case of goods, to the cost of:

♦ replacement of the goods;

♦ supply of equivalent goods;

♦ the repair of the goods or payment of the cost of having the goods repaired.

♦  payment of the cost of replacing the goods or acquiring equivalent goods; or

          ο in the case of services supplied to you, to the cost of:

♦ supplying the services again; or

♦ the payment of the cost of having the services supplied again.

 

31.  Force Majeure

Sam's Software Pty Ltd shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Sam's Software Pty Ltd, and Sam's Software Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

 

32.  Governing Law

These Terms will be governed by and construed in accordance with the laws of New South Wales.