Unless otherwise agreed in writing by Benchmark IT Solutions, the terms and conditions listed below override any terms and conditions appearing in Benchmark IT Solutions catalogue or elsewhere or referred to by the Buyer whether in the order or in any negotiations. These Conditions apply to all agreements for the supply of goods and services by Benchmark IT Solutions and shall be varied only where such variation is in writing and signed by a Director of Benchmark IT Solutions. The buyer must agree to the terms and conditions outlined below prior to engaging in a transaction with Benchmark IT Solutions. Any transactions processed by Benchmark IT Solutions will be governed by these terms and conditions. Benchmark IT Solutions reserves the right to alter and make necessary changes to the terms and conditions outlined below as it sees fit.
All order received by Benchmark IT Solutions will be subject to acceptance based on the buyers current account status. Benchmark IT Solutions reserves the right to reject orders from clients based on their credit status. All orders will require clearance from Benchmark IT Solutions and orders will not be finalized until a confirmation email is sent to the client. Should the client wish to cancel an order after the order has been finalized and goods have been packaged for shipping by Benchmark IT Solutions, A cancelation fee will apply and must be paid by the buyer. An administration and packing fee of 15% of the total value of the order must be paid by the buyer at the time of cancellation. If for any circumstance, the payment is not made, the order will be shipped to the client and the client will be charged for the goods. All order cancellations must be submitted in writing to Benchmark IT Solutions. Benchmark IT Solutions reserves the right to reject order cancellations based on the client’s reason for the cancellation
The price of all goods and services shall remain as specified in the product listing and website at the time of purchase or request of a service. Benchmark IT Solutions reserves the right to change prices of goods and services without any notice to the client. Benchmark IT Solutions reserves the right to make changes to the price of goods placed on order at any point in time prior to delivery of the goods to the buyer. Benchmark IT Solutions will issue a written document to the buyer advising them of such changes.
4.1 Payments on order
Unless otherwise agreed by Benchmark IT Solutions in writing, payment for all orders is due immediately. All goods shall remain the property of Benchmark IT Solutions until full payment is made by the buyer. Goods will not be shipped until payment has been cleared by Benchmark IT Solutions. Should the buyer fail to make payment on goods which have been shipped out, a 3% late payment fee will be applied to the buyers account for each day that the payment is delayed. Any payments not finalized within 42 days from the date in which they fall due, will be subject to investigation. Such investigations include the use of a third party debt collection agency which will act on behalf of Benchmark IT Solutions to recover any outstanding debts. Should the buyer still refuse to make payment, then a court request can be filed against the buyer to collect all outstanding debts.
4.2 Payments for services
Payments for all services must be made upon completion of the service unless otherwise stated by Benchmark IT Solutions. If an agreement is made for payments to be finalised past the date in which the service was performed, the client must agree to settle the account no later than 14 days from the date of invoice. Should the account not be settled within the 14 days from date of invoice, a late payment fee of 2% will be applied on the account and will continue to accumulate daily, until the payment is made in full including all interest charges.
4.3 Payments for support plans
All support plan members will receive an invoice on the 10th day of each month for the charges of their support plan. This invoice is payable within 14 days from the date stated on the document and payments must be finalised by the 24th day of the same month. Should the account not be settled within 14 days from date of
invoice, a late payment fee of 2% will be applied on the account and will continue to accumulate daily, until the payment is made in full including all interest charges.
Delivery of goods will be organized once payment has been accepted and cleared by Benchmark IT Solutions. Any time or date mentioned by Benchmark IT Solutions for delivery is simply given as an estimate only. Benchmark IT Solutions will not be held liable for any damage or loss sustained by the buyer due to incorrect delivery times. Even though we make all attempts to advise the client of the correct delivery times, such accuracy cannot be provided due to outside interactions such as suppliers and courier services of the goods being delivered. Should the buyer fail to accept the goods at time of delivery, Benchmark IT Solutions will store the goods for a timeframe of 14 days and attempt to contact the buyer and arrange for another delivery date. Any additional delivery charges will be covered by the buyer. If the buyer does not attempt to make contact within 14 days, the goods will may be sold and a cancellation fee of 15% will be charged to the buyer.
All goods delivered to the buyer should be inspected at the time of delivery. Should the buyer find any faults or damages of the goods delivered, the buyer must notify Benchmark IT Solutions in writing within 5 days from delivery of the goods. Should the buyer fail to report such issues prior to the 5 days, Benchmark IT Solutions will deem the goods to be in working order without any faults or damages and any claims outside the 5 days will be handled in accordance with out warranty policy described in clause 7.0.
Benchmark IT Solutions will not be held liable for any damages or loss caused by any goods sold to the buyer. In the event that goods are found to be faulty, it is the responsibility of the buyer to alert Benchmark IT Solutions in writing of the known faults as soon as they are detected. Upon receipt of the complaint, Benchmark IT Solutions will look into the complaint and issue an RA reference number to the buyer. Benchmark IT Solutions reserves the right to check all goods and issue specific testing on goods claimed to be faulty. Should the goods be deemed faulty, the goods will be replaced or repaired only if the goods are still covered under the manufacturer warranty or an extended warranty pre purchased by the buyer. In this instance the goods will be sent out to the manufacturer and will be delivered to the buyer once they are deemed rectified. Should the goods be deemed faulty and fall outside the manufacturers warranty, the buyer will be advised and also notified of the costs to have the items repaired. Any additional fees such as delivery charges or manufacturer testing charges will also be passed on to the buyer. Should the items be deemed faulty due to intentional or accidental damage caused directly by the buyer, these items will not be covered under the manufacturer’s warranty and the buyer will be made responsible to cover any fees applied to Benchmark IT Solutions during the handling of those goods. Benchmark IT Solutions will not offer warranty on free gifts or any add on products unless clearly stated at the time of sale. The buyer is responsible to contact the manufacturer of the gift or free goods should a warranty claim arise and all warranty dealings will be made directly with the manufacturer. Benchmark IT Solutions will not be held liable for any faults or damages to items given as a gift or add-on unless stated at the time of sale. Benchmark IT Solutions reserves the right to reject warranty claims based on the state of the goods and its initial assessment of the faults or damages as described by the buyer. The buyer is responsible for all freight charges to have the items delivered for testing, unless stated in writing by Benchmark IT Solutions.
7.1 Three (3) Month's Service Guarantee
The 3 month's service guarantee covers all problems directly related to the initial service request. Any problems which are unrelated to the service conducted or any physical or intentional damage caused to the systems will not be covered by this guarantee. An initial assessment will be carried out on the system to determine the nature of the fault. If found to be a valid claim, the problem will be rectified at no charge to the customer, as long as the job was logged within the first 3 months of the initial service date as stated by the job sheet. If the problem is found to be unrelated, Benchmark IT Solutions reserves the right to deny fixing the problem, or offer the customer the option to pay to have the problem rectified. If the problem is outside of the 3 months, the guarantee will be declined and the customer will be charged for the service. Benchmark IT Solutions reserves the right to deny repairing a system without any further disclosure to the client. This guarantee does not cover any systems infected with a virus or spyware and such services will be charged at the standard rate.
8.0 Refunds / Exchange
Benchmark IT Solutions will not under any circumstances issue a refund to the buyer for any goods purchased either online or directly through a consultant. It is the responsibility of the buyer to ensure all items purchased are indeed the items which they require prior to settling payment. Should the buyer change their mind for any reason and request a refund of the goods, Benchmark IT Solutions will deny such requests. Should the item be faulty and covered under the manufacturer warranty as described in clause 7.0 Benchmark IT Solutions may arrange for an exchange of the goods or an item with similar specifications.
9.0 Advertising / External Content
Advertising and links to external websites or content may be found on this website. Benchmark IT Solutions holds no responsibility or liability for the information contained within the external sites or advertising. We state that the information provided on the external links be valid at the time of establishing the links, but we will not be held liable nor will we accept any responsibility for damages caused to customers by viewing or using such information contained within links to external sites or content. The customer is responsible for visiting or making use of any external links and may proceed to view such content at their own will.
Benchmark IT Solutions acknowledges that not all of the information contained in this site will be accurate or error free and states that errors may be found on this website. Benchmark IT Solutions will not be held liable for any damages or costs related to misuse of information found on our website or any problems arising directly from downloaded material from our website. We cannot guarantee that our site is error free nor will we state that the site is free of harmful components, and we will make all attempts to ensure that the site is safe but will not guarantee that all information will be updated regularly and any information containing error may not be changed until we see fit. Benchmark IT Solutions reserves the right to change, remove and add information and content to this website as we see fit, without any notice provided.
All contracts must be signed by both the customer and a staff of Benchmark IT Solutions in order to validate the terms of the contract. Each contract is subject to its own terms and conditions and those terms must be governed at all times throughout the life of the contract. Any breaches of those terms will result in penalties as stated in the clause of those contracts. Should the customer decide to end a contract prior to the length of the contract stated within the terms, or within the first 6 months of signing the contract, an early cancellation fee will apply and must be paid prior to ending the contract. The fees involved will be subject to the contracts terms.
12.0 Customer Responsibilities
The customer is responsible for providing Benchmark IT Solutions with accurate and up to date information concerning their computer systems and any problems relating to the computer. All data must be backed up initially by the customer prior to providing the system for repairs to Benchmark IT Solutions. In the event that a backup has not been completed, it is the responsibility of the customer to advise the technician that such a backup has not been performed. Benchmark IT Solutions will not be held liable for any data loss nor will we take responsibility for damages caused due to data corruption or data loss whilst the system is in our possession. We will make all attempts to backup all data, however we cannot guarantee that such backups will be valid. Any damages caused to the system directly due to the lack of information provided by the customer, will not be covered under warranty and all costs will be passed on to the customer. The customer must advise the technician of all known issues with the system in order to obtain a valid quotation. Any additional problems stated after the initial quotation, will be chargeable at an extended rate based on the extent of the problems.
13.1 Service Liabilities
Benchmark IT Solutions will attempt to provide computer and network related services to the highest of standards both onsite and offsite. It is the responsibility of the customer to inform the technicians of all known problems at the time of the service. We will not be held liable for any data loss on the system and it is the responsibility of the customer to perform a complete backup of the system as stated in clause 12.0 of this document. Benchmark IT Solutions will attempt to provide an accurate time for a service technician to perform an onsite service, however these times may and will be inaccurate and should only be used as an estimate. We
will not be held liable for any delays in technician service times and any damages or costs related to a delay in service response. All service times stated either verbally or written on our website or any documentation should only be used as an estimate, actual times may be obtained upon request.
13.2 Support Liabilities
We will strive to maintain all customer systems covered by a support agreement and we will make all attempts to minimise downtime, however should downtime be experienced on any systems, benchmark IT Solutions will no be held liable for such downtime and will be indemnified of any damages and costs associated to such downtimes. It is our responsibility to do all we can in order to sustain the systems in working order and in the event that a system is down, it is the responsibility of the customer to notify a technician of Benchmark IT Solutions of the problem. All support issues must be logged through our online ticket system, and we reserve the right to deny support services to customers who refuse to utilise the online ticket system. Any support requests emailed directly to a consultant may and will experience severe delays in responses and we will not be held liable for any damages or costs associated with delayed responses.
13.3 Project Liabilities
Benchmark IT Solutions will not be held liable for any delays in projects cause directly due to insufficient information provided by the customer. We will make all attempts to have all projects finalised within given constraints and within the allocated budget, should the project extend outside of the time and budget constraints, Benchmark IT solutions will not be held liable for any costs or damage caused due to the extend in time and/or budget. The customer should provide all necessary information within due time, to prevent any delays with a project. Should these delays occur, Benchmark IT Solutions will be indemnified from any damages and costs resulting directly from the delay.
14.0 Software Copyrights
The customer is responsible for providing Benchmark IT Solutions with valid software licenses for any software packages unless the software is requested to be provided by Benchmark IT Solutions. Benchmark IT Solutions will not be held liable, nor will we take any responsibility for any breaches of software licensing related to software provided by the customer. Should the customer request software to be purchased from Benchmark IT Solutions, we will at all times ensure that those software include a valid license subscription. Any breaches of software licenses will be brought onto the customer and Benchmark IT Solutions shall be indemnified against any losses, damages or costs related to the breach.
16.0 No Fix No Fee Policy
Benchmark IT Solutions offers a no fix no fee policy for all services performed onsite or offsite. If our technicians cannot fix the problem at hand, benchmark IT Solutions will not charge the customer any fees related to the service including any parts or callout charges. The customer will be exempt from paying any fees regardless of the time spent on the problem. We cannot guarantee a time limit for having the problem solved and this policy can only be offered upon notice given by Benchmark IT Solutions, that the problem cannot be rectified. Our technicians will work extensively to have the problem rectified and the customer must offer sufficient time for the problem to be investigated. Should the customer request the system be returned without Benchmark IT Solutions stating that we cannot fix the problem, we reserve the right to deny exempting the customer from any charges, and all fees related to the investigation of the problem will need be settled prior to returning the system.