LIXIA TECHNOLOGIES

Tech Support Terms and Conditions

General

Please read through our Terms and Conditions thoroughly. We suggest that you go through our terms and conditions carefully before deciding to use our services. Upon making the decision to use our services it is understood that you have agreed to the terms and conditions set forth on this page. When using the words “We”, “us”, “our”, “our service” and such, we are referring to LIXIA TECHNOLOGIES Pty Ltd ACN 634 458 718 and its respective Hardware products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. LIXIA TECNHOLOGOIES Terms and Conditions are subject to change without notice and may be superseded. We hence advise that you check back here regularly and read through any updates of the terms. We also may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication. Your continued use of this website and our services implies acceptance of any subsequent revisions.

LIXIA TECHNOLOGIES liability is limited to the amount paid by the customer to LIXIA TECHNOLOGIES for work undertaken.

Hardware Repair Parts

Please be aware that:

  • Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods; and
  • The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods
  • Ownership in any hardware or software (the Goods) sold to the Customer remains with LIXIA TECHNOLOGIES until paid for in full.
  • Any quotation given for the supply of Goods remains valid for 30 days only.Any services to be rendered by LIXIA TECHNOLOGIES shall be charged for unless a fixed quotation is provided to the Customer. While LIXIA TECHNOLOGIES will use its best endeavors to complete the task within the shortest time possible, any indication as to the time to be taken in completing any task shall be an estimation only. LIXIA TECHNOLOGIES will not under any circumstances be liable for loss or damages whether direct or consequential for failure to complete any task within the estimated time.
  • LIXIA TECHNOLOGIES shall not under any circumstances be liable to the Customer for any direct or consequential loss or damages and the Customer shall not be entitled to make any claim against LIXIA TECHNOLOGIES due to:
  1. The supply of damaged or defective Goods;
  2. The failure of the Goods;
  3. The rendering of LIXIA TECHNOLOGIES ’s services;
  4. Any of the matters set out in paragraph 9 here
  • The liability of LIXIA TECHNOLOGIES shall at all times be limited to one of the following determined by LIXIA TECHNOLOGIES namely:
  1. In the case of supply of Goods;
  2. To the replacement of Goods or the supply of equivalent Goods; or
  3. The repair of the Goods; and
  4. In the case of service;
  5. The supply of the services again; or
  6. The cost of obtaining the service to be supplied again.
  • In the event of any increase in any costs of material, components, accessories, labour, insurance, freight, rail age, delivery, duties and rates if exchange between the date on which the contract is entered into and the date of delivery of the Goods to the Customer, the contract price shall be increased accordingly.
  • If payment is not made at the end of the Field Support visit for any work carried out by LIXIA TECHNOLOGIES to you, you must pay the invoice within the next 5 business days. For payments not received within the 5 business days period, LIXIA TECHNOLOGIES will issue you with a formal email advising of the amount owing from you to LIXIA TECHNOLOGIES for the relevant invoice. If payment has not been made within a further 5 business days, LIXIA TECHNOLOGIES will pursue further through a third party debt collector company. All costs and expenses incurred in recovering any amount owed will be added to the debt including collections, solicitors and legal costs. The customer also agrees that LIXIA TECHNOLOGIES may give information about the customer to any credit reporting agency to obtain a consumer/commercial credit report about the customer or to allow a credit reporting agency to create or maintain a credit information file containing information about the customer, listing defaults and exchanging information with other credit providers (under section 18(E)(1) and 18(K) of the Privacy Act 1988).
  • LIXIA TECHNOLOGIES shall not be liable or responsible whether directly or consequently following the supply of services or Goods, for:
  1. Any data loss suffered by the Customer;
  2. Any conflict between the Goods supplied and the Customer’s existing equipment;
  3. Any security breaches, internal or external;
  4. Lack of compatibility between the Goods and the Customers existing equipment;
  5. The support of third party applications, or any hardware or software installed by LIXIA TECHNOLOGIES;
  6. The functionality of hardware and software except as provided in 5 above;
  7. Data loss or corruption to the Goods or the Customer’s equipment due to viruses irrespective of whether or not antivirus software was installed;
  8. Backup of data or update of antivirus software.

Services

Field Support
  • Our technicians will provide Field Support services for the fee’s found in LIXIA TECHNOLOGIES Website (https://lixiatechnologies.com.au/services/it-support) 
  • For Field Support services You, or a person over the age of 18 must be presents for us to provide our services.
  • Our technicians will attempt to diagnose your tech problem and will attempt to provide a solution to the problem. Our technicians will always endeavour to find a solution to your tech problem. Sometimes this solution may require new replacement parts/equipment. If our technicians cannot find a solution to your tech problem, you will not be invoiced for our services. However,if our technician has found a solution to your tech problem but you do not wish to go ahead with the solution, you will still be required to pay the standard Field Support visit fee of $135 for Field Support.
  • We will perform the Service and supply the Goods specified in the booking confirmation email(Deliverables) at the rates specified in that booking confirmation email in accordance with the terms and conditions set out in this document. By agreeing to accept the Deliverables, you are agreeing to comply with these terms and conditions.
  • Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
  • You acknowledge and agree that we may need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occur
  • One hour minimum, this is our minimum charge even if the issue takes less than one hour. This charge will also apply if the customer is not available at the scheduled time.
  • Our price for public holiday is double hour ordinary prices and  will be required to be paid at the time of the service.
Remote Support
  • Our technicians will provide Remote Support services for the fee’s found in LIXIA TECHNOLOGIES Website (https://lixiatechnologies.com.au/services/it-support)
  • Our technicians will attempt to diagnose your tech problem and will attempt to provide a solution to the problem. Our technicians will always endeavour to find a solution to your tech problem. Sometimes this solution may require new replacement parts/equipment. If our technicians cannot find a solution to your tech problem remotely, you will not be invoiced for our services. However, if our technician has found a solution to your tech problem but you do not wish to go ahead with the solution, you will still be required to pay the standard Remote Support fee which is from the point our technician connected to your computer until the time the remote session was ended.
  • If our technicians cannot find a solution to your tech problem remotely,you will not be invoiced for our services. In addition, Our technician will advise you to select one of the options of escalating the case to Field Support Team or closing the case.
  • We will perform the Service and supply the Goods specified in the booking confirmation email (Deliverables) at the rates specified in that booking confirmation email in accordance with the terms and conditions set out in this document. By agreeing to accept the Deliverables, you are agreeing to comply with these terms and conditions.
  • Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
  • You acknowledge and agree that we may need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs.However, it is always customer responsibility to have a back of their data prior handing over the system to repairer or repair centre.

Service Conditions

  1. In providing the Deliverables to you, you acknowledge and agree that the solution we may identify is to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
  2. You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed.
  3. We will comply with the Privacy Act 1988 (Cth) and act in accordance with our Privacy Policy which can be viewed at https://lixiatechnologies.com.au/privacy-policy

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Fee’S and Payments

Field Support
  1. Payment for goods and services minimum of one hour deposit for Field Support fee must be made in advance at the time of creating a case. The payment might be made by credit card on the phone via LIXIA TECHNOLOGIES programmed secure IVR system or online by using LIXIA TECHNOLOGIES payment gateway tool or by entering credit card details in LIXIA TECHNOLOGIES record payment link which you will receive via email or Internet Banking (If paying by Internet Banking, a copy of the Payment Confirmation Receipt must be provided to the Field Support technician at completion of the Field Support visit). Payments need to occur immediately upon completion of the
  2. For Field Support any part of a quarter hour block is chargeable at the price of $25 after the first hour.
  3. LIXIA TECHNOLOGIES Field Support Service Fee is $135 for a 1 Hour and $25  for every 15 Minutes after the first hour of Field Support. (Our technicians will always attempt to have a solution to your tech problem within the first 1 hour Field Support service, however sometimes depending on the type of Field Support service required (Example: Corporate Networking, Complete Re-installation of operating systems) the technicians may exceed this first hour of service, if this occurs you will be invoiced at the interval pricing of $25 per 15 minutes.
  4. After each Field Support visit, LIXIA TECHNOLOGIES will only invoice you for the remaining fee (for the time after the first hour). These fees must be paid at the end of the Field Support
  5. Payment for each Field Support visit must be paid by one of the following accepted payment methods.By credit cardon the phone via LIXIA TECHNOLOGIES programmed secure IVR system or online by using LIXIA TECHNOLOGIES payment gateway tool or by entering credit card details in LIXIA TECHNOLOGIES record payment link which you will receive via email or Internet Banking (If paying by Internet Banking, a copy of the Payment Confirmation Receipt must be provided to the Field Support technician at completion of the Field Support visit)
  6. If payment is not made at the end of the Field Support visit for any work carried out by LIXIA TECHNOLOGIES to you, you must pay the invoice within the next 5 business For payments not received within the 5 business days period, LIXIA TECHNOLOGIES will issue you with a formal email advising of the amount owing from you to LIXIA TECHNOLOGIES for the relevant invoice. If payment has not been made within a further 5 business days, LIXIA TECHNOLOGIES will pursue further through a third party debt collector company. All costs and expenses incurred in recovering any amount owed will be added to the debt including collections, solicitors and legal costs. The customer also agrees that LIXIA TECHNOLOGIES may give information about the customer to any credit reporting agency to obtain a consumer/commercial credit report about the customer or to allow a credit reporting agency to create or maintain a credit information file containing information about the customer, listing defaults and exchanging information with other credit providers (under section 18(E)(1) and 18(K) of the Privacy Act 1988).
  7. The above Payment includes all applicable sales tax and duties as required by law.
Remote Support
  1. Payment for each Remote Support Service must be paid by one of the following accepted payment methods. The payment might be made by credit card on the phone via LIXIA TECHNOLOGIES programmed secure IVR system or online by using LIXIA TECHNOLOGIES payment gateway tool or by entering credit card details in LIXIA TECHNOLOGIES record payment link which you will receive via email or Internet Banking (If paying by Internet Banking, a copy of the Payment Confirmation Receipt must be provided to Lixia Technologies via email at completion of the service). Payments need to occur immediately upon completion of the
  2. For Remote Support any part of a quarter after first 60 minutes is chargeable at the price of $20.  
  3. LIXIA TECHNOLOGIES Remote Support Service Fee is $120 for the first hour. Any additional 15 minutes after first 60 minutes is chargeable at the price of $20 of Remote Support. (Our technicians will always attempt to have a solution to your tech problem within the first 15 minutes Remote Support service, however sometimes depending on the type of Remote Support service required (Example: Installation of software, hardware driver) the technicians may exceed this first 15 minutes of service, if this occurs you will be invoiced for the time we spent on resolving the issue. These fees must be paid at the end of the Remote Support service of each case.
  4. If payment is not made at the end of the Remote Support for any work carried out by LIXIA TECHNOLOGIES to you, you must pay the invoice within the next5 business For payments not received within the 5 business days period, LIXIA TECHNOLOGIES will issue you with a formal email advising of the amount owing from you to LIXIA TECHNOLOGIES for the relevant invoice. If payment has not been made within a further 5 business days, LIXIA TECHNOLOGIES will pursue further through a third party debt collector company. All costs and expenses incurred in recovering any amount owed will be added to the debt including collections, solicitors and legal costs. The customer also agrees that LIXIA TECHNOLOGIES may give information about the customer to any credit reporting agency to obtain a consumer/commercial credit report about the customer or to allow a credit reporting agency to create or maintain a credit information file containing information about the customer, listing defaults and exchanging information with other credit providers (under section 18(E)(1) and 18(K) of the Privacy Act 1988).
  5. The above Payment includes all applicable sales tax and duties as required by law.
Remote Support (Monthly Plan)
  • Remote Support Monthly plan can be viewed at lixiatechnologies.com.au/services/it-support/
  • Except as required by law, Remote Support Monthly plan options are not refundable.
  • Remote Support plans hours will expire at the end of each month and unused portion (minuets/hours) will not be carried forward to next month.
  • Remote Support hours may be used anytime from Monday to Friday from 9am to 6pm.
  • Remote Support services do not include any Hardware products. Hardware products which you require must be paid for as notified by LIXIA TECHNOLOGIES
  • Our technicians will attempt to diagnose your tech problem and will attempt to provide a solution to the problem. Our technicians will always endeavour to find a solution to your tech problem. Sometimes this solution may require new replacement parts/equipment. If our technicians cannot find a solution to your tech problem,no Remote Support time will be deducted from that particular month. However, if our technician has found a solution to your tech problem but you do not wish to go ahead with the solution, Remote Support time will be deducted from that particular month.
  • Monthly fee will be charged in advance.
  • For different packages you receive different amount of support time a month.  For any exceeding support time for all packages “one of plan” pricing will apply. See our website for further information.

Same Day Service Available

  1. “Same Day Service” is only available in Sydney metropolitan areas.
  2. This guarantee applies exclusively to service scheduled with us through our service hotline 1800 317 429 for Windows-based systems. A same day service appointment may be allocated any time in a day prior to midnight.
  3. If we are unable to provide same day service to a customer, our only liability is to provide the first hour’s service free on the next available appointment scheduled by you through our service hotline as listed above.
  4. This offer is limited to one per customer. Additional restrictions may apply. We may cancel this offer at any time.
  5. Same day service attracts a surcharge and must be requested over the phone no later than 10am Monday through Friday, excluding holidays.
  6. We do not guarantee that all necessary work can be completed at the initial appointment.
  7. Any changes made by you to a same day service request that is already scheduled void this guarantee in its entirety.
  8. If a cancellation request is received of the scheduled day, the entire deposit will be deducted.

Cancellation and Reschedule

Field Support
  • If cancellation or reschedule request is received latest 24 hours prior to the appointment, LIXIA TECHNOLOGIES will provide full-refund on the taken deposit.
  • If a cancellation request is received within 24 hours of the scheduled time, the entire deposit will be deducted.
  • If a reschedule request is received within 24 hours of the schedule time only half of the deposit will be deducted.
Remote Support
  • On Remote Support Monthly Plan, you need to send formal cancellation request email to support@lixiatechologies.com 30 days prior to your next payment.

Customer’s Responsibilities

  1. You represent and warrant to LIXIA TECHNOLOGIES that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to LIXIA TECHNOLOGIES for repair. You further represent that you have the right to authorize LIXIA TECHNOLOGIES to carry out repairs on your equipment.
  2. You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the LIXIA TECHNOLOGIES We and/or our third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
  3. You warrant to LIXIA TECHNOLOGIES that you hold all necessary licenses and approvals for any software item you request LIXIA TECHNOLOGIES to install on your computer equipment. You agree to indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.
  4. You must ensure that a person of at least 18 years of age is present for the duration of the provision of Field Support services

You must provide our technicians with:

  1. Safe access to the areas of your premises necessary to provide services;
  2. Necessary passwords to your computer;
  3. A safe working environment and working space; and
  4. Electrical power and internet access (where applicable).
  5. If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a Hardware product key for the operating system or

Liability

  1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
  2. to cancel your service contract with us; and
  3. LIXIA TECHNOLOGIES will exercise reasonable care in handling any equipment which you provide to it.
  4. You agree to indemnify and will keep LIXIA TECHNOLOGIES indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by LIXIA TECHNOLOGIES in connection with your equipment, your breach of these Terms and Conditions or your breach of any rights of third parties.
  5. Where LIXIA TECHNOLOGIES is liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
  6. in relation to goods:
  7. the replacement of your goods or the supply of equivalent goods;
  8. the payment of the cost of replacing your Hardware productor of the supply of an equivalent Hardware product; or
  9. refunding the amount of your order, and
  10. in relation to services:
  11. supplying of the services again; or
  12. payment of the cost of having the services supplied again.
  13. You agree that, to the fullest extent permitted by applicable law, LIXIA TECHNOLOGIES will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
  14. interruption of business;
  15. access delays to, access interruptions to, suspension of or discontinuation of the service;
  16. data non-delivery, mis-delivery, corruption, destruction or other modification;
  17. loss or damages of any sort incurred as a result of dealings with us;
  18. viruses, system failures or malfunctions which may occur in connection with LIXIA TECHNOLOGIES supplying the Deliverables to you; or
  19. events beyond our reasonable control.

Disclaimer of Warranties

LIXIA TECHNOLOGIES does not give any warranty in respect of our services other than as is implied by law.

Severability

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If at any time any provision of this Agreement or any document executed in connection herewith is or becomes illegal, invalid or unenforceable in any respect under any law, the legality, validity or enforceability of the remaining provisions under this Agreement shall not be affected thereby; provided, however, that the transactions contemplated in this Agreement may still be fully completed and implemented.

Force Majeure

The performance of the services by LIXIA TECHNOLOGIES under this Agreement might be suspended for periods of delay resulting from a Force Majeure which, for purposes of this Agreement, shall refer to events beyond the control of and affecting LIXIA TECHNOLOGIES that are unforeseeable or if foreseeable cannot either be prevented or avoided by the exercise of reasonable diligence, without any accompanying fault or negligence of LIXIA TECHNOLOGIES, which prevents or materially affects the ability of LIXIA TECHNOLOGIES to comply with any of its obligations under this Agreement, including revolution, rebellion, insurrection, state of intervention, act of war (declared or undeclared), hostiles, riot or civil commotion, earthquake, adverse weather conditions, flood, fire or other natural physical disaster, general shortages, or unavailability of coal or fuel, energy, transport, strikes or other labour-related disturbance, litigation or threatened litigation adversely affecting or with the potential to adversely affect the subject matter and objectives of this Agreement, and delays caused by government action or inaction, complying with regulatory or bureaucratic procedures or the introduction or threatened introduction of new laws or regulations adversely affecting or with the potential to adversely affect the subject matter and objectives of this Agreement.

Insolvency

In case of LIXIA TECHNOLOGIES insolvency at any point the customer will only be charged for the latest month.

Dispute Resolution

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement.

This clause shall survive termination of this Agreement.

Jurisdiction

This contract shall be governed by the laws of the State of New South Wales, Australia. The parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.

Feedback and Information

LIXIA TECHNOLOGIES welcomes your feedback. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.