Last updated January 2025

1. Introduction

1.1 These Terms and Conditions (“Agreement”) govern the provision of IT services and IT procurement services (“Services”) by The IT Whizz (“Business”) to the client (“Client”).

1.2 By engaging the Business for Services, the Client agrees to be bound by this Agreement.

2. Free 30-Day Quote

2.1 The Business offers a free 30-day quote for IT Services and IT Procurement Services.

2.2 Service quotes are valid for 30 days from the date of issuance.

2.3 Acceptance of the quote must be communicated to the Business within the 30-day period.

3. Payment Terms

3.1 All quotes are payable upon receipt.

3.3 Procurement items will not be purchased or delivered until payment for items is made in full.

3.2 All Invoices are due upon receipt. Failure to pay may result in late fees and suspension of Services.

3.3 Payment for IT Services must be made in full within 7 days of the invoice date unless otherwise agreed upon by the technician and the customer.

3.4 The Business reserves the right to charge interest on overdue amounts at a rate of 20% per week.

3.5 The Client acknowledges and agrees that legal fees incurred by The IT Whizz in recovering unpaid invoices shall be reimbursed by the Client.

4. Term and Termination:

4.1 This agreement shall commence on the date of acceptance by the Client and shall remain in effect until terminated by either party.

4.2 Either party may terminate this agreement by providing 30 days' written notice to the other party.

4.3 Upon termination, the Client shall pay any outstanding fees owed to The IT Whizz for Services provided up to the date of termination.

5. Confidentiality:

5.1 Both parties agree to maintain the confidentiality of any confidential information disclosed during the provision of Services.

5.2 Confidential information includes, but is not limited to, trade secrets, business plans, and customer information.

6. Intellectual Property:

6.1 The Business retains all intellectual property rights in any materials or deliverables created in the provision of Services.

6.2 The Client agrees not to use, reproduce, or distribute any materials or deliverables without The IT Whizz's prior written consent.

7. IT Services

7.1 The Business will provide the IT Services as described in the quote.

7.2 The Business will use reasonable efforts to complete the IT Services within the agreed timeframe.

7.3 The Business reserves the right to make changes to the IT Services if necessary.

8. Procurement

8.1 The Business will assist the Client in procuring IT equipment and software as described in the quote.

8.2 The Business will provide recommendations based on the Client’s requirements and budget.

8.3 The Business will handle the ordering and delivery of the procured items.

8.4 Procurement items may require additional fees for full setups. Cost varies depending on the device.

8.4 The Client is responsible for providing accurate specifications and requirements for the procurement.

8.5 The Business will use reasonable efforts to source the best available products within the agreed timeframe.

8.6 The Business reserves the right to make changes to the procurement process if necessary, with prior notice to the Client.

8.7 The Client must inspect the procured items upon delivery and notify the Business of any issues within 7 days.

8.8 The Business will not be liable for any delays or issues caused by third-party suppliers.

9. Client Obligations

9.1 The Client must provide the Business with all necessary access and information to perform the Services and/or Procurement.

9.2 The Client must ensure that their premises are safe and suitable for the provision of the Services.

10. Change of Ownership:

10.1 In the event that the Client's business is bought out/acquired by another business, this agreement shall continue to be binding on the new owner.

10.2 The new owner shall assume all rights and obligations under this agreement, including payment for Services rendered.

11. Refunds

11.1 Procured IT products that become damaged or broken after installation will not be covered by refunds.

11.2 Refunds will only be provided if a product is deemed truly unfit for purpose or a different product was installed than what was on your quote.

11.3 The Client must notify the Business within 7 days of delivery if a product is unfit for purpose.

11.4 The Business will assess the product and determine if it qualifies for a refund.

11.5 If a refund is approved, the Business will process it within 14 days of the approval date.

11.6 The Client is responsible for returning the product in its original condition and packaging.

11.7 The Business reserves the right to refuse a refund if the product is found to be damaged due to misuse or negligence by the Client.

12. Limitation of Liability

12.1 The Business will not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services.

12.2 The Business’s total liability to the Client for any claim arising out of or in connection with the Services will not exceed the amount paid by the Client for the Services.

13. Warranty

13.1 The Business warrants that the Services will be performed with reasonable care and skill.

13.2 The Business does not warrant that the Services will be uninterrupted or error-free.

14. Termination

14.1 Either party may terminate this Agreement by giving 30 days’ written notice to the other party.

14.2 The Business may terminate this Agreement immediately if the Client fails to pay any amount due under this Agreement.

15. Governing Law

15.1 This Agreement is governed by the laws of the State of Victoria, Australia.

15.2 Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Definitions

16.1 “Agreement” means these Terms and Conditions.

16.2 “Client” means the individual or entity engaging the Business for Services.

16.3 “Business” means The IT Whizz.

16.4 “Services” means the IT home services and IT procurement services provided by the Business.

17. Miscellaneous

17.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

17.2 Any amendments to this Agreement must be in writing and signed by both parties.

17.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.