TERMS AND CONDITIONS OF SALES, SERVICES AND CONSULTATIONS
OFFERED BY IMACCS COMPUTER SERVICES (hereinafter caller the Seller)
Website: http://www.imaccs.co.za
Valid from 1 January 2010

Please note the following with regard to products and services provided :

1. All products, services and consultations are sold and/or provided subject to these Terms and Conditions.
2. Monthly Support Contracts are available for all clients should they so desire.
3. While we try to take into account the growing emergency status of computer related problems, unless availed of a Monthly Support Contract, all clients are necessarily treated on a first-come, first-serve basis. Our working hours are 8.30 a.m. to 5 p.m. Monday to Friday. After hours support will be charged at normal rates plus 50%.
4. Any support provided for products and services supplied are subject to our standard charges which will be reviewed on an annual basis.
5. Clients may apply to place an advertisement for their company on our website under our Business Network page. The Seller reserves the right to refuse advertising space for anybody/any concern at its own discretion and is not bound to furnish any reasons therefore. Contact helen@imaccs.co.za for more information.
6. Prices are strictly COD upon job completion/delivery of products.
7. All orders will only be expedited upon receipt of a signed faxed/written/e-mail order.
8. All orders in excess of R10000 require a 33% deposit to secure hardware.
9. All hardware products carry a 1-year factory carry-in warranty except keyboards, mice and CPU fans (6 months), PSU's, modems + cdrom drives (1 year) or where specified otherwise. These warranties do not apply to second-hand equipment provided by the Seller.
10. Allow 2 - 5 working days for delivery/installation after placement of order.
11. Quotes are valid for 5 working days whereafter prices are subject to change.
12. Availability of products cannot necessarily be guaranteed at time of order.
13. All products, specifications, prices, support and consultation services are provided in good faith. The Purchaser agrees to indemnify and hold harmless the Seller from any claims resulting from the use of the Seller's products, services and/or consultations which damages the Purchaser or any other party in any way; further the Seller cannot be held liable for unexpected system downtime, crashes, or data loss. The Seller cannot be held liable for any predicted estimate of profits which a Purchaser would have gained if their systems were functioning correctly.
14. Any post-installation support (if not covered by a Maintenance Agreement) is billable at our standard rates.
15. The price charged will be our standard list and/or service price as amended from time to time unless specifically otherwise agreed to. The price as charged entitles the Purchaser to collect the goods from the Seller's premises as per the Purchaser's order ONLY, the price does not include any on-site set-up and initial training, unless specifically otherwise stated.
16. Any warranty of goods as specified in the accepted quotation and/or invoice will apply, only on condition that no other person, except the authorised Seller's representative services, repairs or effects any alterations or modifications to the equipment supplied. If any other unauthorised person effects any change to the equipment whatsoever, including the removal of any labels, or if the faulty goods are not returned within the original packaging, or if the goods are subject to careless, abusive or negligent care and handling, the warranties as specified will be null and void. A value judgement on the aforegoing will be subject to the Seller's discretion. Any work effected by the Seller, unless specifically otherwise stated or agreed upon in a Maintenance Contract between the Purchaser and the Seller, and excepting the replacement of faulty goods while the warranty applies, will incur the Seller's standard hourly charge for the Purchaser's account, including, but not solely, on-site call-outs.
17. With regard to the set-up of Computer Hardware and Software, while the Seller provides factory warranties for the Hardware supplied, the Seller does not provide any warranty, guarantee, liability or fitness for any particular purpose, including maintenance and/or reliability of any software supplied by the Seller or purchased and/or installed by a third party. Warranties become null and void if a third party has worked on computer hardware or changed software settings.
18. It is agreed and acknowledged that any goods supplied in terms of an order placed with the Seller will, if necessary in terms of warranties, be replaced as originally ordered, but shall not form the subject of any claim for any workmanship, damage or consequential loss, including that of data, from any cause whatsoever or other expense. Goods may not be returned for any reason without securing the Seller's prior written agreement.
19. It is incumbent upon the Purchaser to ensure that comprehensive, consistent and regular backups of data are made in order to eliminate any loss of data, down-time or access to information. However, any backup product(s) provided by the Seller does not constitute any liability of behalf of the Seller should such backup devices and/or safeguards fail. The Seller will, in no circumstance, be held liable for the maintenance and/or reliability of systems, backup systems, safeguards and/or data storage facilities. Purchasers are urged to obtain insurance for system failures, downtime and data loss.
20. Where upgrades have been performed by the Seller on existing systems of the Purchaser, the upgrade in no way constitutes a liability on the Seller's behalf with regard to existing hardware and software systems. This includes, but is not limited to, equipment and software that is directly or indirectly associated with the upgraded products.  All upgrades performed by the Seller are performed in good faith and no pre- or post-upgrade advice or consultation provided by the Seller, either verbal or written, shall constitute a deviation from any of the above points.
21. Prices ruling on the date of dispatch will apply. Ownership in respect of the goods and in respect of all goods sold by the Seller to the Purchaser from time to time is reserved to the Seller until such time as payment of all amounts due, owing and payable by the Purchaser to the Seller from whatsoever cause arising have been paid to the Seller in full.
22. Payment will be on a strictly C.O.D. basis, unless specifically otherwise stated, failing which the Purchaser shall be liable to pay interest to the Seller on all overdue amounts at the maximum rate allowed by law payable and calculated monthly in advance. In the event of the Purchaser failing to make payment of any amount due to the Seller in terms hereof or in terms of any agreement or arrangements between the Purchaser and the Seller on due date, then the full amount owed by the Purchaser to the Seller from whatsoever cause arising shall forthwith and without notice become due and payable notwithstanding that the due date for payment thereof shall not otherwise have arrived.
23. For the purposes of all or any proceedings herein, the Purchaser hereby consents to the jurisdiction of the Magistrate Courts Act which has jurisdiction over their persons in terms of Section 28 of the Magistrate Court Act and consent in terms of Section 45 of such Act to the jurisdiction of such court notwithstanding the fact that the amount of a claim exceeding the jurisdiction of such Court.
24. Unless expressly accepted by the Seller in writing, any deviation from or contractions of these conditions in your purchase must be deemed to be and will be treated as inapplicable.
25. If any claim against the Purchaser is handed over to the Seller's Attorneys for collection the Purchaser will be responsible for the Attomey's costs including collection charges on an Attorney and Client scale.
26. The signature of an employee of the Purchaser on a Seller's official Delivery Note and/or Invoice, or the Delivery Note/Invoice of any authorised independent carrier, will constitute delivery of goods purchased.
27. Damage, partial loss or deviation must be notified to the carriers and the Seller in writing within three days of receipt of goods. Non-receipt to be notified to the Seller within 7 days of dispatch of goods.
28. Complaints regarding goods or services supplied should be made in writing within 7 days of such goods or services being supplied.
29. It is agreed that delivery promises are made in good faith. Late deliveries, however caused, shall not give rise to any claim for damages or consequential loss from any cause whatsoever and shall not entitle the Purchaser to cancel the agreement.
30. Any latitude or allowance whatsoever which the Seller may grant the Purchaser, will not be construed to be a waiver of any rights that the Seller might otherwise have against the Purchaser.
31. Website hosting : All services provided by the Seller may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material the Seller judges to be threatening or obscene, or material protected by trade secret and other statute. The Purchaser agrees to indemnify and hold harmless the Seller from any claims resulting from the use of the service which damages the Purchaser or any other party; further the Seller cannot be held liable for unexpected system downtime, crashes, or data loss. The Seller cannot be held liable for any predicted estimate of profits in which a Purchaser would have gained if their site, domain and emails were functioning correctly. Moreover, the Seller holds no responsibility for the use of the Purchaser's accounts. If any terms or conditions are failed to be followed, the Seller reserves the right to deactivate the account. The Seller reserves the right to remove any account without advanced notice for any reason whatsoever without restitution as the Seller sees fit. The Seller cannot be held liable for links to other sites placed on the Seller's systems by the Purchaser.  The Purchaser is responsible for the content and activity of his/her site.
32. Website Design: All computer coding, without limitation or exception, for websites written and created by the Seller remains copyrighted to the Seller and may not be downloaded, accessed or edited by a third-party.
33. Reasonableness: By using the Seller's sales, services or consultations, the Purchaser agrees that these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use the Seller's sales, services and/or consultations.
34. Updating this statement: The Seller may update these Terms and Conditions at any time by posting a new version on this website. The Purchaser should check this page occasionally to ensure he/she is familiar with any changes.