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The following terms and conditions (collectively the "Essential Help Service Terms ") set out the basis on which Dell will provide the Essential Help Services (the “Services ”) which are described on the Dell website (the “Service Descriptions ”).
Dell uses the services of technicians from Gizmo ("Gizmotechs ") to carry out the Services.
1. What Dell will do
The Services consist of Dells’ Gizmotechs:
• Visiting your home (On-Site Services ); or
• Helping you over the phone (Phone Services ).
In the course of providing the Services, our Gizmotechs may:
• sell you certain types of equipment, hardware or software (Product Upsells ). The sale of any Product Upsells will be subject to the terms of sale presented to you by Dell or our Gizmotechs or which are available from Dell upon request; and/or
• if necessary and you agree, take your hardware to Gizmo’s base in order to carry out or complete the Services. If you agree to the removal of your hardware, you will be required to sign a release form.
The Services will be provided during the service hours set out in the relevant Service Description.
The Services are designed to meet the needs of home users including those who work from home. In some cases where you use a work computer at home and do not have administration rights to your computer, our ability to provide the Services to you may be limited. If you think this may be the case, please let us know by calling 1 300 858 456 before the date of your scheduled Service.
In the course of providing the Services, our Gizmotechs may provide you with hardware or software manufactured by third parties. You agree to comply with the licensing obligations of such third parties and the reasonable directions of Dell or our Gizmotechs in relation to the installation and use of those third party products.
2. What we need you to do
It is necessary for you to do certain things requested by us before we provide you with the Services. If you don't do these things, we may not be able to provide you with the Services and/or you may risk losing valuable data. The things that we need you to do are set out in detail below.
2.1 Software
If our Services involve the installation of software, then you must provide our Gizmotechs with the installation disks for your operating system or software along with a product key(s) for that software.
2.2 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. Unless you have purchased the Essential Help Service called “Back Me Up”, 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 you choose not to back-up your data, or decide not to purchase the “Back Me Up” service, 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.
3. On-site Services
On-Site Services involve our Gizmotechs visiting you at your home or other location requested by you (Premises ).
You must ensure that a person of at least 18 years of age is present at the Premises for the duration of the provision of the On-site Services.
You must provide our Gizmotechs with access to the areas of your Premises necessary for our Gizmotechs to provide the On-Site 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 Gizmotech arrives at your Premises and such things are not provided, we may not be able to provide you with the Services.
4. Phone Services
We will attempt problem diagnosis and provision of a solution over the phone.
In some cases, we will not be able to provide Phone/remote Services unless we are given remote access to your computer. 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 these Essential Help Service Terms and any other terms and conditions relating to that software will apply.
When we access your computer remotely, we will respect your confidentiality and the privacy of your information. For more details see the section below called "Privacy and Confidentiality”.
5. Privacy and Confidentiality
When we provide you with the Services, sometimes access to, and incidental copying of, your personal and confidential data is unavoidable. We respect your privacy and the confidentiality of your information, and agree to only collect, use and disclose such information in accordance with our Privacy Policy which is available at http://www1.ap.dell.com/content/topics/topic.aspx/ap/policy/en/privacy?c=au&l=en&s=gen.
6. Our Liability to you
6.1 DELL WARRANTS THAT THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE, DELL MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY PRODUCTS, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES, ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION DELL MAY MAKE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION DELL MAY PROVIDE. NOTHING IN THIS AGREEMENT OR ANY OTHER WRITTEN DOCUMENTATION OR ANY ORAL COMMUNICATIONS WITH YOU MAY LATER ALTER THE TERMS AND CONDITIONS OF THIS PARAGRAPH.
6.2 Dell, its employees, agents or sub-contractors (including Gizmo) will not be liable for any loss or damage sustained or incurred by you or any third party (including without limitation any loss of use of Dell’s products or loss of or spoiling of any of your programs or data) resulting from any lines down or fault in the Dell products, unless such lines down or fault is caused by the negligence or willful misconduct of Dell, its employees, agents or sub-contractors (including Gizmo), or to the extent that such loss or damage arises from any negligent delay by Dell in providing the particular Services purchased by you and then only to the extent not excluded by these Essential Help Service Terms.
6.3 You shall indemnify Dell, its employees, agents or sub-contractors (including Gizmo) and keep them fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of you, your employees, agents or sub-contractors or by any breach of your contractual obligations arising out of these Essential Help Service Terms.
6.4 Except in respect of injury to or death of any person, for which no limit applies, Dell's total liability to you under these Essential Help Service Terms in respect of each event or series of connected events is limited to the amount paid by you for the relevant Services (which give rise to the claim) purchased by you as evidenced on your invoice.
6.5 Any service response times stated by Dell in the Service Descriptions are approximate only and do not form part of the agreement between you and Dell. Dell will use all reasonable endeavours to meet the stated response times, however Dell or its subcontractors (including Gizmo) will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
6.6 Notwithstanding anything else contained in these Essential Help Service Terms, Dell (or its sub-contractors including Gizmo) shall not be liable to you for loss of business, profits or contracts or any indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
6.7 Some Services may require Dell (or its subcontractors including Gizmo) to access hardware or software that is not manufactured by Dell. Some manufacturers' warranties may become void if Dell or anyone else, other than the manufacturer or its authorized representative, works on the hardware or software. DELL (OR ITS SUBCONTRACTORS INCLUDING GIZMO) DO NOT TAKE RESPONSIBILITY FOR THIRD PARTY WARRANTIES OR FOR ANY EFFECT THAT THE DELL SERVICES MAY HAVE ON THOSE WARRANTIES.
7. Waiver
Except as otherwise expressly provided for in these Essential Help Service Terms, no forbearance, delay or indulgence by either party in enforcing the provisions of these Essential Help Service Terms shall prejudice or restrict the rights of that party, nor shall any waiver of its rights operate as a waiver of any subsequent breach, and no right, power or remedy herein conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
8. Consumers
Nothing in these Essential Help Service Terms will affect the statutory right of a customer dealing with Dell as a consumer as defined in any consumer protection legislation intended to protect consumers in similar transactions.
9. General
These Essential Help Service Terms will be governed by and construed in accordance with the laws of New South Wales. |
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