These Terms and Conditions (“Terms”) govern the provision of technology support and related services (“Services”), as listed in section 2 below, by Sam Lazar Tech ABN: 36653685139 to you, the Client (“Client”). Sam Lazar Tech is the registered business name of Samuel Peter Lazar.
By engaging Sam Lazar Tech, you agree to these Terms in full.
- Definitions
- “Agreement” means these Terms and any Service Proposal or Quotation accepted by the Client.
- “Applications” means software programs such as Microsoft Office, cloud storage like Google Drive and OneDrive, email Clients, such as Apple Mail, WhatsApp, SMS/RCS.
- “Business Day” means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
- “Devices” means laptops, desktop computers, Mini PC, tablets, phones, printers, scanners, TVs, SSDs, cables, and related items.
- “Fees” means the charges payable for Services as set out in the invoice given by Sam Lazar Tech to the Client.
2. Scope of Service
Sam Lazar Tech provides:
- On-site and remote troubleshooting of hardware, software, and network issues
- Purchase, Installation, configuration, and optimisation of Devices and Applications.
- Data backup, recovery, and migration help
- Advice on Device purchases and technology upgrades
- Email help, including migrating emails from one provider to another.
- Any other service agreed upon between Sam Lazar Tech and the Client
3. Fees and Payment
- The Client shall be invoiced for the Services based on the time taken by Sam Lazar Tech to complete the services, to the nearest half hour, multiplied by the agreed rate per hour. Such a rate will be agreed upon before the commencement of the services.
- Such time will include travel time taken to buy and pick up the Devices.
- In addition, invoices will include the agreed cost of buying Devices on behalf of the Client, including shipping costs where applicable, irrespective of whether the Client uses such Devices. All such amounts will include GST where levied.
- The Client acknowledges that they will be invoiced for all time spent by Sam Lazar Tech, even if this is due to slow internet speeds, slow Device speeds, or any other matter beyond Sam Lazar Tech’s control.
- Where Sam Lazar Tech has started providing the Services requested by the Client, but they are unable to be completed, for reasons beyond Sam Lazar Tech's control, the Client shall remain liable for all work completed to date.
- A minimum of one hour will be charged for the Services of Sam Lazar Tech, including where Sam Lazar Tech is called out to assess the Client's needs.
- The agreed rate may include a surcharge of 20% for out-of-hours (before 09:00 and after 18:00), weekends, and public holiday work.
- Payment in full is due within 7 days of completion of the Services and the provision of an invoice by Sam Lazar Tech, unless otherwise agreed with the Client.
- Payment methods accepted:
- Electronic Funds Transfer (EFT)
- Credit/Debit Card
- Cash
4. Client Obligations
The Client agrees to the best of their ability and knowledge to:
- Provide exact and complete information about the issue or project!
- Grant prompt access to premises, the Client’s network, equipment, passwords, and accounts needed for Services.
- Keep a current backup of all data; Sam Lazar Tech is not liable for pre-existing data loss!
- Maintain adequate anti-virus software, which is kept up to date.
5. Sam Lazar Tech Obligations
Sam Lazar Tech agrees to the best of its ability and knowledge to:
- Use reasonable efforts to ensure that his Services are performed efficiently and professionally, following these Terms and Conditions.
- Keep the Client informed of the agreed rate per hour for his Services and the number of hours that have been spent providing the Services on any given day.
- Advise the Client as soon as possible should the agreed Service not be able to be completed for any reason.
- Render invoices promptly following the completion of Services.
6. Cancellation and Rescheduling
- Cancellations or rescheduling requests must be made at least 24 hours before the scheduled start time.
- Repeated Cancellations may incur added fees.
7. Warranties and Consumer Guarantees
- Sam Lazar Tech warrants that Services will be performed with due care and skill.
- To the fullest extent allowed by the Australian Consumer Law, all other warranties are excluded.
- Nothing in these Terms is intended to exclude or limit any non-excludable consumer guarantee under the Australian Consumer Law.
- Where asked, Sam Lazar Tech will apply for a refund of the purchase price of the Devices, e.g., where the Device is faulty. Such a refund, where paid to Sam Lazar Tech, will be promptly paid back to the client. However, Sam Lazar Tech will not be liable should a refund not be available.
8. Limitation of Liability
- Except for liability arising under non-excludable consumer guarantees, Sam Lazar Tech’s total liability for any loss or damage is limited to the total Fees paid by the Client for the Services.
- Sam Lazar Tech is not liable for any indirect, incidental, special, or consequential losses, including but not limited to loss of data, revenue, business opportunities, or reputational harm arising from the use of its services or any equipment provided.
9. Intellectual Property
- All existing intellectual property rights in tools, software, documentation, or methodologies stay the property of Sam Lazar Tech or its licensors.
- The Client is granted a non-exclusive licence to use any deliverables for the agreed purpose only.
10. Confidentiality
- Each party must keep confidential all information shown by the other party that is marked or regarded as confidential.
- This obligation survives termination of the Agreement.
11. Privacy
12. Force Majeure
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, strikes, pandemics, or government restrictions.
13. Dispute Resolution
The Client and Sam Lazar Tech must try to resolve disputes by good-faith negotiation.
At Sam Lazar Tech, we aim to resolve any concerns promptly and professionally. If you are dissatisfied with any aspect of our service, please contact us directly to discuss the issue.
If a resolution cannot be reached, both parties agree to seek mediation through a recognised dispute resolution body in Victoria before pursuing legal action.
This clause does not limit your rights under the Australian Consumer Law.
14. Termination
- Either party may end the Agreement by written notice if the other party materially breaches these Terms and does not remedy within 14 days of notice.
- On termination, the Client must pay for all Services made up to the date of termination.
15. Variation
Any variation to these Terms or the scope of Services must be agreed in writing by both parties.
16. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. The parties give to the non-exclusive area of the courts of Victoria.
17. Contact Information
Sam Lazar Tech
Email: support@samlazartech.com.au
Phone: +61422530640
Website: https://www.samlazartech.com/
Please review these Terms carefully. If you have any questions or require modifications to suit your requirements, contact us before confirming you are booking.