The following are terms of a legal agreement between you and ARKNET PTY LTD and its associated companies. By accessing, browsing and/or using anything on this site and the server it’s hosted on, you acknowledge that you have read, understood, and agree to be bound by the terms below and to comply with all applicable laws and regulations. If you do not agree to these terms, don’t use this site.
1. Authorization
The client authorizes ARKNET PTY LTD to conduct an evaluation of the machine sent to determine the nature of the damage and provide an estimate of repair cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval.
The client authorizes ARKNET PTY LTD, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
2. Legal Rights
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to ARKNET PTY LTD.
Any property left with ARKNET PTY LTD unclaimed for 90 days, will be disposed of. At which time, ARKNET PTY LTD shall have no liability to the client or any third party.
3. Limited Liability
ARKNET PTY LTD shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will ARKNET PTY LTD be liable for any damage to the laptop/desktop, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if ARKNET PTY LTD has been advised of the possibility of damages or loss to persons or property. ARKNET PTY LTD liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The client and ARKNET PTY LTD agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at ARKNET PTY LTD option, additional attempts by ARKNET PTY LTD to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of ARKNET PTY LTD services would be much greater if ARKNET PTY LTD undertook more extensive liability.
The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of ARKNET PTY LTD, and assumes any and all known risks of injury and property damage that may results.
4. Confidentiality
ARKNET PTY LTD agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of ARKNET PTY LTD subject to confidentiality agreements or as required by law.
5. Payment
Payment is due in full upon completion of successful repair, prior to the release of the repaired machine (whether shipped or picked up), unless by special previous arrangement.
The client is financially responsible for all shipping costs, customs duties and taxes to and from ARKNET PTY LTD.
We accept PayPal, VISA, MasterCard, and Bank Transfers.
6. Warranty
90 days warranty on Laptops / Desktops / Servers that ARKNET PTY LTD has repaired, ARKNET PTY LTD makes no warranty on data, express or implied, and ARKNET PTY LTD disclaims any data warranty of any kind.
7. Agreement
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the Australian business rules. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. The arbitration shall take place in the Country in which the ARKNET PTY LTD laboratory performing the services is located and the laws of the State/County in which such laboratory is located shall apply.
8. No fix, no fee policy
Our no, fix no fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer, apart from a small diagnoses fee of $30.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so because the customer does not possess the required (spare) parts, software CD-Rom or Product Key, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
If the engineer provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or so.
9. Hosting and Domain Names
Domain Registration – Returns and Refund Policy
Due to the nature of domain registrations, we do not offer any returns or refunds after purchase. It is very important to double check the spelling of the domain name before you process the order. Our automated registration system will process the domain exactly as typed. Once a Domain registration has been submitted to the registry for processing we are unable to reverse the process or offer any returns or refunds of any type.
Web Hosting – Returns and Refund Policy
We offer a 30 day cancellation and refund policy for all shared web hosting plans. If you’re not satisfied simply cancel within 30 days to have your money refunded.
If you wish to cancel a web hosting order and receive a full refund please create a support ticket to our sales department with your specific request. This can be done from within the account management area (client portal). Please include the order number and details for the items you wish to cancel and receive a refund for. All cancellation requests must be submitted to us through our ticketing system.
Before cancelling a web hosting package with us, we recommend that you have it set up and functioning elsewhere before making your request. If you have any websites or emails associated with the hosting package you have requested to cancel, they will become non-functional and all your data will be deleted.
Failure to Pay
ARKNET PTY LTD may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on ARKNET Hosting servers).
ARKNET PTY LTD is NOT RESPONSIBLE for any lost files, information or data.
ARKNET PTY LTD makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although ARKNET PTY LTD backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. ARKNET PTY LTD does not guarantee to possess the most current copy of a subscriber’s website in its own backups.
Prohibited Uses.
The uses of ARKNET PTY LTD Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of ARKNET PTY LTD) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.
Others Prohibited Uses:
Disclaimer
Although all attempts are made to provide accurate, current and reliable information, you should recognize the possibility that errors may exist in the information available on this Web site. ARKNET PTY LTD expressly denies any warranty of the accuracy, reliability, or timeliness of any information made available on this Website, and shall not be held liable for any losses caused by reliance upon the accuracy, reliability, or timeliness of the information. A person who relies on information made available on this Website does so at the person’s own risk.
Before following any advice or installing any software or hardware recommended or mentioned on this site, you are strongly encouraged to do a full backup of your data and system. ARKNET PTY LTD shall under no circumstances be responsible for data loss or system failure.
Services and products advertised on this site may be modified or discontinued without prior notice. Prices for services or products are subject to change without prior notice.
© 2017 ARKNET PTY LTD. All rights reserved.