Our Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as best as possible, causing as little disruption to you, your computer and your applications as possible but, given the repair options vary from “do nothing” to “wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances, Virus’ and Malware programmes are designed to cause as much havoc when removed as when in place, meaning the removal can often leave a computer in a more fragile state than when infected. In these instances, we will continue to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All Customers should ensure they have a working, reliable backup of all their data and important information before requesting any support, resulting in potentially ‘aggressive’ repair solutions.

Repeat faults as a direct result of end users ignoring recommendations provided by Pc Xperts;

Faults with 3rd party software which Pc Xperts is not able or authorized to work with;

General misuse by the Customer of the System, Hardware or Software;

Any projects which fall outside of normal maintenance and support, each such project to be quoted and approved by the Customer separately

 

General Terms and Conditions of Trade

The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and Pc Xperts and that any alterations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of Pc Xperts; (b) this Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Customers own order form or conditions; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive conditions; (e) any conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by Pc Xperts and (g) this Agreement applies to all employees and subcontractors of Pc Xperts.

This Agreement, and any offers, orders or contracts of sale pursuant thereto, become binding only when accepted by Pc Xperts at its business address.

The signatory hereby binds himself in his personal capacity as Shareholder (in the case of a company), Member (in the case of a close corporation) or Owner, Partner, or Proprietor, as co-principal debtor jointly and severally for the full amount due to Pc Xperts and agrees that this Agreement will apply in the same way to him.

The Customer acknowledges that it does not rely on any representations made by Pc Xperts in regard to its products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by Pc Xperts in respect of its products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by Pc Xperts.

The Customer agrees that neither Pc Xperts nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.

Delivery and performance times quoted are estimates and are not binding on Pc Xperts.

All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by Pc Xperts, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to Pc Xperts before acceptance of the order.

It is the responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. Pc Xperts gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever.

Pc Xperts reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.

Products are sold voetstoets with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded.

Liability under clause 23 is restricted to the repair or replacement of faulty products or services, or granting of a discount, at the sole discretion of Pc Xperts.

Pc Xperts shall not be required to work to tolerances closer than those applicable to the materials obtained by it in the ordinary course of trade, or supplied to it by the Customer. Pc Xperts shall not be held liable for any variations in the standard, quality and performance of such materials.

Pc Xperts shall not be liable for any defects resulting from it being required to expedite delivery ahead of the time needed for the proper production of the order.

Pc Xperts shall not be held responsible for imperfections in the work due to defects in or the unsuitability of material or equipment not supplied by Pc Xperts. Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.

The customer agrees to pay all costs resulting from any acts, omissions or requests of the Customer including disbursements, suspension of work, modifications of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed.

Customer’s property and property supplied to Pc Xperts will be retained at the Customers risk.

Pc Xperts shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.

Any order is subject to cancellation by Pc Xperts due to Acts of God, or from any cause beyond the control of Pc Xperts, including ( without restricting this clause to these instances ): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

The completed product will be dispatched when ready and the Customer shall not refuse or delay to take delivery.

Pc Xperts shall be entitled to invoice each delivery or performance separately when executed.

The Customer agrees to establish, immediately upon delivery, that the products and services appearing on Pc Xperts’s delivery note, Tax Invoice or other documentation, correctly represents the products, or services, and prices agreed to and are free of defects.

If Pc Xperts agrees to engage a third party to transport products on the Customer’s behalf, it does so on terms deemed fit by Pc Xperts. The Customer indemnifies Pc Xperts against any claims arising from such agreement.

The risk of damage to, or destruction or theft of its products shall pass to the Customer on delivery of any order placed in terms of this Agreement and the Customer undertakes to comprehensively insure the products until paid for in full.

The risk of payment by cheque through the post or by electronic funds transfer rests with the Customer.

The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorized representative of Pc Xperts.

The Customer is not entitled to set off any amounts due to the Customer by Pc Xperts against it’s indebtedness to Pc Xperts.

All discounts shall be forfeited if payment in full is not made on the due date.

The Customer agrees that the amount due and payable to Pc Xperts may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.

Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.

The Customer agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 34 above in the case of a Credit Approved Customer, Pc Xperts is entitled to (i) forward a letter of demand using a third party demanding full and final payment.

The Customer hereby gives his/ her consent for a credit check.

Outstanding accounts are subject to default listing on a national credit bureau database.

On payment of the outstanding debt the default listing will be adjusted to read “Paid Default” until legislation demands complete removal

Pc Xperts reserves the right to provide a national credit bureau with updated personal information.

The Customer also consents that Pc Xperts may use a national credit bureau database for tracing, should the Customer abscond.

Pc Xperts hereby agrees that should they default on payment, Pc Xperts can make this information available to the industry and affiliated businesses.

A Credit approved Customer will forthwith lose this approval when payment is not made in accordance with the conditions of clause 34 and all amounts then outstanding shall immediately become due and payable.

The Customer agrees that interest shall be payable to Pc Xperts at the maximum legal interest rate prescribed in terms of the Usury Act on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order.

The Customer shall be liable to Pc Xperts for all legal expenses incurred by Pc Xperts on the attorney-and-own client scale in the event of (a) any default by the Customer or (b) any litigation in regard to the breach, validity or enforceability of this agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that Pc Xperts may demand.

The Customer shall pay five thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.

The Customer agrees that Pc Xperts will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 as amended.

The Customer expressly agrees that any debt owed to Pc Xperts by the Customer shall become prescribed only after the passing of a period of two years from the date the debt falls due. The Customer irrevocably authorizes Pc Xperts to enter its premises to repossess any products delivered, without court order, and indemnifies Pc Xperts completely against any damage whatsoever, relating to the removal of repossessed products.

The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of Pc Xperts. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Pc Xperts in the products.

Any item delivered to Pc Xperts shall serve as a pledge in favour of Pc Xperts for present and past debts and Pc Xperts shall be entitled to retain or realize such pledges as it deems expedient at the value as determined in clause 67. The sworn or realized value of pledged products will be offset against the Customer’s debts and any excess balance will be paid to the Customer.

Pc Xperts is entitled to exercise a lien over any of the Customer’s property in its possession until all outstanding debts have been paid.

The Customer hereby cedes and assigns unto and in favour of Pc Xperts all its rights, title, and interest in and to all debts which are now, or which may in the future, become owing to it by any third party or parties as security for the payment by it of all amounts which are now or may from time to time in the future, become owing by it to Pc Xperts from any cause of indebtedness however arising. The Customer agrees that on request by Pc Xperts, it shall be obliged to hand over to Pc Xperts all books of accounts, contracts, invoices and documents, and the like, which it may require for the purpose of ascertaining the amounts due to it and for the purposes of the recovery of payment.

If any products supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio), the Customer shall be obliged on notice of cancellation of the agreement to transfer the same quantity of products in ownership to Pc Xperts.

The Customer or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies Pc Xperts and all of its employees against any liability which Pc Xperts may incur to any other person as a result of the production of any material produced.

The customer agrees to the Standard Rates of Pc Xperts for any products supplied or services rendered, which rates may be obtained on request.

Any document shall be deemed duly represented to and accepted by the Customer (i) within 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers, or any director, member’s or owner’s fax numbers; or (iii) within 24 hours of being e-mailed to any of the Customer’s e-mail addresses, or any director, member’s or owner’s e-mail addresses; or (iv) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (v) within 48 hours if sent by overnight courier, and (vi) within 7 days of being sent by surface mail.

Any order is subject to cancellation by Pc Xperts if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgment is recorded against the Customer or any of its principals.

The Customer agrees that Pc Xperts will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in clause 21 or 64 occur.

In the event of the Customer being in arrears with any payment or in breach of any term of this agreement, Pc Xperts is entitled to cancel all contracts with immediate effect.

In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the products at the time of repossession and (b) all other costs incurred in the repossession of the products. The value of repossessed or retained pledged products shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the products are not recovered for any reason whatsoever, the value shall be deemed to be nil.

The Customer agrees that any indulgence whatsoever by Pc Xperts will not affect the terms of this agreement or any of the rights of Pc Xperts and any such indulgence shall not constitute a waiver by Pc Xperts in respect of any of its rights herein. Pc Xperts will not be stopped from exercising its rights in terms of this Agreement under any circumstances whatsoever.

Pc Xperts shall not be liable for any consequential damages including loss of profit or for any delictual liability of any nature whatsoever.

The Customer chooses its address for legal execution as its physical or business address or the physical address of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).

The Customer undertakes to inform Pc Xperts in writing, within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address, or 14 days prior to selling or alienating the Customer’s business. Failure to do so will constitute a material breach of this agreement. Upon receipt of such written notification, Pc Xperts reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.

The invalidity of any part of this Agreement shall not affect the validity of any other part.

In the agreement any reference to natural persons includes legal persons and vice versa and references to any gender includes references to the other gender and vice versa.

The Customer hereby consents that Pc Xperts shall have the right to institute any legal action in either the Magistrate’s Court or the High Court at its sole discretion.

This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause 74.

The Customer hereby consents that any items left with Pc Xperts will be sold after three months to defray costs.

The Customer consents to receiving the Pc Xperts Customer Newsletter, which they have the option of unsubscribing from at any time.

 

 

 

 

Pc Xperts   provides mobile on-site computer maintenance, support and consulting services. (Herein referred to as “The Services”) The Services provided to the customer, are subject to the following terms and conditions. By confirming a Pc Xperts booking, the customer accepts these Terms and Conditions

 

 

APPOINTMENTS AND RATES:

 

Pc Xperts will attend the customer’s premises at the prearranged time. The Customer will pay for all Services provided.

 

CANCELLATION:

 

Pc Xperts must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. Pc Xperts reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.

If the Pc Xperts technician offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.

If the technician is prevented from resolving a problem because the customer does not possess the appropriate software disks, drivers or product serial numbers, the customer will be charged for the time spent up to that point.

If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.

PAYMENT:

 

The customer will pay Pc Xperts the amount invoiced by the Pc Xperts technician. This amount is due to Pc Xperts from the time the invoice is first given or sent to the customer. Pc Xperts will attend the Customer’s premises for the agreed period, by the customer, prior to or at the commencement of the appointment. Pc Xperts will endeavour to diagnose and or remedy the problem(s) described by the customer, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of Pc Xperts attenPc Xpertsce, Pc Xperts will discuss with the customer the options available. The customer may ask Pc Xperts to continue working on the problem(s), or make a further appointment. The customer may terminate the appointment at any time. On termination, the customer will pay Pc Xperts the amount incurred in respect of additional time, if any, beyond the first hour’s attenPc Xpertsce. Payment is to be made in cash or by credit card or Electronic Fund Transfer (provided the Pc Xperts technician is supplied with a printed copy of the completed transfer). Credit card payment is accepted, however, Pc Xperts only accepts certain credit cards. Please enquire when booking your job which cards can be used. In the event of a default or dishonoured cheque or non-payment, Pc Xperts will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full.

 

LIABILITIES:

 

Pc Xperts accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s ISP.

The customer hereby confirms that a full back up of the customer’s hard-drive has been made prior to Pc Xperts commencing The Services. The customer further confirms that there is no legal restriction or impediment to Pc Xperts providing Services to the customer.

Pc Xperts shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to The Services provided by Pc Xperts or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify Pc Xperts in respect to loss, damage or injury arising from the provision of The Services. Pc Xperts has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.

CONFIDENTIALITY:

 

Pc Xperts will maintain the confidentiality of the customer’s files and or data. Pc Xperts further undertakes not to provide any customer information to any third party, save in the event that it is lawfully required to do so. Pc Xperts reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, Pc Xperts terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the Pc Xperts technician.

 

GOODS PROVIDED BY Pc Xperts:

 

Pc Xperts may make recommendations to the customer, or the customer may request that a product be provided by Pc Xperts, in order for Pc Xperts to perform The Services. All expressed or implied warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by Pc Xperts, are expressly excluded. Pc Xperts has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party, whether or not that product has been recommended to the customer by Pc Xperts. Any hardware, software or equipment provided to the customer by Pc Xperts shall remain the property of Pc Xperts until full payment is received.

 

RETURN VISIT AND COMPLAINTS POLICY:

 

In the event of any dissatisfaction with The Service provided by Pc Xperts, the customer should immediately contact Pc Xperts on 011 025 4056. Pc Xperts will make an appointment for a return visit by the designated technician. The technician will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of Pc Xperts, the Customer shall pay for the additional time incurred at Pc Xperts normal rates. If the problem arose directly as a result of Pc Xperts previous attenPc Xpertsce no further charge shall be made

 

 

 

Use of this website is entirely at your own risk. We do not warrant that the use of the website will be without error or interruption or that the servers that make the website available are entirely virus free at all times. No liability will be accepted by Pc Xperts for damage or loss of any kind arising from the access to our website.

Pc Xperts does not warrant that the content displayed on the website is always accurate but every step is taken to ensure that information is up to date and complete.

All rights relating to logos, text, images, data, information or other material communicated on the website are for use on this website and are for viewing purposes only. Unauthorised use, changes or copying is prohibited.

Pc Xperts will not distribute, sell or share any personal information provided on this website with anyone else and will solely be restricted to the use on the website and/or the transaction processed on it. We reserve the right to communicate with you regarding information that may be required related to the services or products as a result of use of the website. All personal information is held securely.

To use and access this website you will require a suitable device with internet connectivity and Pc Xperts shall not be held liable for any charges that may be incurred by you as a result of the connectivity.

Pc Xperts operates in terms of the requirements of the Consumer protection Act and our terms and conditions policy is aligned with it.

Pc Xperts will not be held responsible for any costs that may be incurred by you as a result of returning the product. This includes, but is not limited to, loss of income, loss of revenue, or any travel expenses.

Goods that cannot be comprehensively tested in store by a Pc Xperts technician due to suppliers warranty policy such as printers, monitors, modems, speakers, scanners, laptops, tablets and uninterrupted power supply units. These goods will be sent to the original suppliers for testing. No repair, refund or replacement will be issued before the testing or a detailed report issued of the items is complete and has been reviewed by the authorised repair centre. Matrix will not be held responsible for loss of any nature that may occur during this period of testing and assessment whether it is loss of earnings, travel, warranty or any other cause.

Warranty on all goods will not be valid at all if the serial number has been removed, altered, modified, damaged, erased or marked in any way whatsoever.

 

 

Disclaimer

 

Save for the Consumer Protection Act, No. 68 of 2008 and the Electronic Communications and Transactions Act, No. 25 of 2005, Pc Xperts will not be held liable for any damage, loss or liability of nature arising from the use, or inability to use, the Pc Xperts Service.

 

Pc Xperts has done its upmost to ensure that the site is free from errors, but do not assert that the site and its content is free from errors or omissions or that the service will be 100% uninterrupted and error free. If you do note any errors or problems, please report them to Pc Xperts via email.