​(1) Agreement pretext
This Agreement comes into effect upon your request for in-person or remote tech support from MATZEI The IT Guy. You agree that you have been made aware of related Pricing (found here), and have read & accepted this Agreement, each part & in full, prior to your appointment.

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(2) Definitions
   i)        "Agreement" refers to these complete Terms of Trade held here at https://MATZEI.co.nz/terms;
   ii)        "I", "me", or "my" refers to the individual trading as MATZEI The IT Guy, known legally as Matthew Zeinert;
   iii)    "you" or "your" refers to you as an individual, couple or larger group of people requesting tech support;
   iv)        "Party" refers to either me as the service provider or you as the customer(s) as each Party constituting this Agreement; 
   v)        "Clock" refers to the chargeable time elapsed during your tech support appointment;
   vi)        "IT" is an abbreviation of Information Technology.    

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(3) My responsibilities:
I shall:
   i)        Communicate with honesty, clarity & transparency; and
   ii)        Verbally confirm the issue(s) to be resolved prior to starting the Clock at any appointment; and
   iii)    Time-consciously resolve any issue(s) raised either at the outset of, or during, your appointment using expert IT support knowledge & skills; and
   iv)        Explain any solution(s) or other detail(s) to help improve your understanding of any related scenario(s) if desired; and
   v)        Treat you with respect & kindness during every interaction.

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(4) Client rights & responsibilities:
   i)        You have the right to access the knowledge I possess without obligation, financial or otherwise; please get in touch with any query and I will provide advice to the best of my ability at no cost to you; and 
   ii)        You have the right to comfort during your appointment; please advise any requirements of me, or needs you may have, and I shall meet them as best I can; and
   iii)    You agree to clearly convey your expectation(s) for, or result(s) desired from, the employment of my services delivered either in-person or remotely; and
   iv)        You agree to treat me with respect wherever possible; and
   v)        You agree to make any payment required for the delivery of the Services detailed in this Agreement.

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(5) Booking terms
a) Confirmation of booking
   i)        Verbal or written communication confirms your appointment request for booking; and
   ii)        Any travel charge will be quoted for agreement prior to your booking date.
b) Cancellations
   i)        Either party may, for any reason, cancel the appointment in writing prior to the scheduled appointment date without penalty; or
   ii)        Where an appointment is cancelled by you on, not before, its scheduled date, the initial consultation charge of $59.00 shall remain payable unless otherwise arranged.

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(6) Services
a)        Initial consultation: this is a charge of $59.00 for up to 30 minutes of in-person tech support if no additional time is requested;
b)        Additional tech support: this is a charge of $35.00 for each additional 15 minutes of in-person support provided additional to your initial consultation, charged to the nearest 15 minutes;
c)        virtual support (remote): this is a charge of $25.00 for each 15 minutes of remote support provided, to the nearest 15 minutes.
d) Service conditions
   i)        I reserve the right to end your appointment at any time for any reason; and
   ii)    You are permitted to end your appointment at any time for any reason. 

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(7) Payment terms
a) Charges and invoicing
   i)        If a solution to any stated issue, previously identified or otherwise, has not been reached by the conclusion of your appointment, you will only be charged $59.00 for your initial consultation, plus any travel charge(s) agreed upon prior, disregarding any additional Clock; and
   ii)    If I have resolved at least one stated issue(s) determined during your appointment, the total Clock will remain valid & payable; and
   iii)     At the conclusion of your appointment, you have the right to confirm the outstanding charges prior to receiving your invoice; and
   iv)     In most cases you will receive your invoice shortly after your appointment, which will be due 7 days after the date of invoicing.
b)     You can pay your invoice by: 
   i)        Internet banking;
   ii)    Credit or debit card payment;
   iii)    Cash at the conclusion of your appointment (unless by prior arrangement).

 

(8) Breaches
Any breach of this Agreement:
   i)        will absolve the non-breaching Party of their obligations under this Agreement from that point forth; and
   ii)        any part of this Agreement already in force at such time of a breach will remain enforceable.

 

(9) Force Majeure
If any force majeure impacts any obligation(s) under this Agreement:
   i)         The party suffering any such force majeure may be exempted from any liability corresponding to the extent of the impact of such force majeure; and
   ii)        Such party shall continue to uphold all obligations under this agreement left unaffected by such force majeure; and
   iii)    If such force majeure occurs after such party delays this agreement, it shall not be exempted from its corresponding liabilities; and
   iv)        In the case of failure to perform any part of this Agreement due to any force majeure, neither party shall be liable for such failure, and this Agreement shall be terminated automatically.

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(10) Indemnity
You agree to indemnify me against any damage occurring or costs arising during actions taken to uphold my obligations under this Agreement, provided such actions are not unlawful, negligent, or introduced by use of non-client hardware as detailed in clause (14). 

 

(11) Refunds
Accepted refund requests will be for a mutually agreed amount. I reserve the right to decline any refund request for any advisable reason. 

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(12) Dispute resolution
I will work with you to resolve any dispute before payment is made: please email help@MATZEI.co.nz. 

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(13) Feedback
Please share any feedback you have on your experience, as this is how I know I'm providing the right standard of service for you. You are invited to share your experience with others on a Google review if you wish to do so, or you can provide feedback through any other channel available to you. 

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(14) Limitation of Liability
I will resolve your query using only the hardware and devices you have in your possession wherever possible; claims for impacts to client hardware are limited to instances where I have used external hardware to implement a solution, and to only the client hardware demonstrably affected by such external hardware. 

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(15) Confidentiality
Any communication(s) or discussion(s) you have with me will be completely confidential, provided such content is lawful & delivered with respect.

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(16) Governing law
Any provision of this Agreement, and the Agreement in its entirety, is subject to the laws governing Aotearoa New Zealand.

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(17) Severability
If any clause in this Agreement is found to be unenforceable, the remaining clauses of the Agreement shall remain in force.

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(18) Entire Agreement
This Agreement constitutes the entire agreement between the parties and supercedes all prior agreements and understandings.

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(19) Agreement alteration without notice
Except as may be required by applicable laws, governmental regulations, orders or requirements, any part of this Agreement is subject to alteration without notice, provided any such alteration causes no detriment, assumed or otherwise, with respect to the delivery of any obligations for, or the associated responsibilities of, either Party under this Agreement.