Legal Information

Terms & Conditions

1.1 The name VG Computing and the VG Computing logo may not be used in any advertising or marketing martial without the express written permission of VG Computing. VG Computing and the VG Computing logo may be used when referring to VG Computing.

2. Website Usage

2.1 No part of this website may be reproduced without the express written permission of VG Computing. Exceptions to this is for Internet search engines and the VG Computing logo as long as the logo is not used in any advertising or promotional material.

3. Product and Service Information

3.1 VG Computing aims to ensure that the service provided is fault free and will repair any faults at no change within the warranty period indicated for each product. VG Computing does not guarantee that any of its services or products are completely fault free. VG Computing disclaims all other warranties with regards to the information provided here and the products it supplies. In no event will VG Computing be liable for any damages, of any type, regarding to the use of any aspect of VG Computing within the current law. VG Computing can not guarantee any product or service which was developed external to it.

3.2 If VG Computing services are required to repair a damaged system, it reserves the right to charge extra to clients if the damage caused to their system is not due to VG Computing, be it either hardware or software. This is also true for clients using the Remote Administrator service. However VG Computing can not charge extra if the fault was caused by itself.

3.3 VG Computing can not guarantee that some of the 3rd party services required to use some of the features supplied are available to every client or that they will exist for the duration required by the client. It is possible for VG Computing to delay the start of work while the client checks if said services are available to them. It is the clients responsibility to ensure the services are available before informing VG Computing to begin the work, after work has begun the full fee is payable to VG Computing even if a required service it not available to the client.

3.4 Risk of the product passes to the client when they receive the product. Title of any product purchased from VG Computing does not transfer to the client until payment has been made in full. When the client chooses a renting agreement, title of the product(s) is transferred to the entity specified in the rental agreement (normally the renter) after payment has been made in full to VG Computing. No products supplied by VG Computing can be resold to another party until title has been transferred away from VG Computing. Software products are provided as a license which therefore means title of the software product remains with the original owner.

3.5 It is the clients responsibility to understand all the technical terms used to describe any product or service they are purchasing. The client should ask VG Computing for clarification if they do not understand a technical term before making a order.

3.6 None of the rights included in this document, including warranty rights, may be transferred to any other party without the express written permission of VG Computing. All rights, including warranty rights, are considered null and void if they are tried to be exercised by a party who was not the client VG Computing provided the product or service to except where transfer permission was given by VG Computing.

4. Shipping

4.1 All goods sold by VG Computing are insured for loss and damage during transit from VG Computing to the client. However goods provided to VG Computing by the client are not insured by VG Computing. VG Computing takes no responsibility for uninsured items that are damaged or lost during transit. Goods are deemed to have arrived safely and undamaged to the client when the client, or agent of the client, signed the successful delivery slip provided by the courier.

4.2 Clients should ensure that shipping information supplied to VG Computing is correct. VG Computing can not be held accountable for shipping information retrieved from the client which is incorrect.

4.3 The delivery location must be attended during the scheduled delivery time supplied by VG Computing. Any additional costs associated with a delivery failure is borne by the client. Under certain circumstanced the courier may leave the goods at the unattended delivery locations which will constitute the delivery of the goods.

4.4 Goods are deemed to have been delivered when a person at the delivery address presents him/herself as the client or agent of the client and collects the goods.

4.5 VG Computing can not be held responsible for delays associated with delivery.

5. Warranty

5.1 Warranties on hardware are available for all VG Computing products and are valid for the duration of the selected product. Unless otherwise noted, clients are covered under a return to base warranty. It is the clients responsibility to send the defective part(s) to VG Computing. VG Computing will then repair or replace and send the repaired/replaced part(s) back to the client at no cost. The replacement part(s) may not be identical to the part the client currently has, especially if the defective part is no longer available. The replacement will however be of equal or greater performance than the previous part. If the part is found not to be defective, the defective part was not supplied by VG Computing, the defective part is out of warranty or the defective part was found to be damaged by the user or external causes a nominal service fee will apply plus any shipping costs and the part in question will not be replaced.

5.2 Part(s) being returned must be in their original or similar safe for transport packaging. VG Computing will not accept any returns which have not been packaged properly.

5.3 This warranty does not cover damages due to external causes. Such causes include, but are not limited to, accidents, misuse, incorrect installation, incorrect storage, incorrect usage, deliberate or accidental destruction, failure to perform required preventive maintenance, war, act of violence or any similar occurrence, fire, liquids, normal wear and tear, act of God, problems caused by external components or services, third party servicing, tampering with equipment, repair or attempted repair by an unauthorised party, modifications and problems with electrical power. Warranty will not be honoured if the product has been modified, tampered with or warranty sticker or serial number is broken or removed.

5.4 The warranty period begins from the date we build your system. The extra time required for any testing, software installation or shipping does not extend the warranty.

5.5 LCD monitors and LCD screens in notebooks are susceptible to dead pixels. Clients should be aware that dead pixels can and do occur on such screens. VG Computing's warranty policy on dead pixels follows that of the manufacturer of the LCD screen and VG Computing will only accept LCD screens for warranty repair when the number of dead pixels is within the manufacturer's dead pixel policy. Clients should contact the manufacturer of their LCD screen for up to date information on their dead pixel policy. Clients must accept that dead pixels on LCD devices which fall within the manufacturer's dead pixel policy are considered acceptable.

5.6 Warranty for notebooks and monitors are handled by the manufacturer of said item. VG Computing advises for clients to contact the manufacturer of these items first for warranty repairs.

5.7 All software products are covered by a 90 day warranty. Any failure of software products due to misuse of the product or hard disk failure is not covered by warranty.

5.8 VG Computing provides optional on-site warranty service for its range of desktop and servers. Warranty for these products are handled by our on-site service partner United Electrical Engineering. The client must understand the following terms and conditions for on-site service.
5.8.1 On-Site service is handled by United Electrical Engineering, not VG Computing.
5.8.2 On-Site service only covers the case and internal components. Monitor, keyboard, mouse and other external components are not covered.
5.8.3 On-Site service is invalid for the first 7 days of product purchase.
5.8.4 The included surge protector or any Australian standards approved surge protector must be used.
5.8.5 No software support is included.
5.8.6 Repair time is depended on available parts.
5.8.7 Some faults may not be possible to repair on-site and may require the faulty equipment be services in the repairer's workshop. The repaired item will then be returned to the client.
5.8.8 On-Site warranty becomes void if either VG Computing or United Electrical Engineering enters into liquidation other than for the purpose of amalgamation or reconstruction, summons a meeting of its creditors or becomes insolvent.

6. Purchase Order

6.1 Purchase orders are available for approved business, educational and government institutions. Clients should be aware that by issuing a purchase order they give permission for VG Computing to run a credit check on their financial background. VG Computing reserves the right to reject any client's purchase order for any reason. Payment term is normally 14 days from shipping of goods unless negotiated otherwise.

6.2 Once a purchase order has been sent and approved any cancellation of a order by the client requires the client to pay for any part and labour costs associated with the work already done by VG Computing for the order.

6.3 VG Computing reserves the right to demand payment of overdue invoices. It is the clients responsibility to pay for any additional expenses accumulated by VG Computing while attempting to receive payment. The return of equipment is NOT an acceptable form of settling a payment.

7. Rent

7.1 Renting is available via Flexirent. Please be aware of the following:

• Approval must be received from Flexirent before your order can be processed.
• On top of VG Computing's Terms and Conditions you must also agree to Flexirent's Terms and Conditions.
• Any payment/credit disagreements should be directed to Flexirent. VG Computing does not have any influence on Flexirent's financing decisions.
• The renting price shown on the website is only a estimate based on a 36 month period. The final renting price will be supplied to you from Flexirent.

8.1 Generally no refunds are available on any product or service sold by VG Computing unless the supplied product was not what the client requested. The client must contact VG Computing within 7 days when such a event occurs.

8.2 Due to the nature of customising the equipment to each clients needs, it is possible that a certain product required by the client was not included in the initial cost estimate. The client may be asked to pay for said product at which time the client may decide to either pay for the required product or cancel their order with a full refund. VG Computing can not profit from such a event and will be required to offer a discount to the client on the work it provides. This does not hold true if the client changes the specification of their requirements.

9. Licencing

9.1 All software provided is subject to the Terms and Conditions of the agreement included with the software package. Clients must agree to the software licence(s) before placing a order with VG Computing.

9.2 If the client is supplying software to VG Computing it is up to the client to ensure that the software is fully licensed for them to use. VG Computing accepts no responsibility for any software received from the client which is not licensed properly. VG Computing will ensure to the best of its ability that any software it supplies to the client is fully licensed. However since VG Computing does not produce the software included it can not be held responsible for any licensing, patent or copyright issues which may occur in the future except were it should have reasonably known of such issues at the time the order was entered less any currently pending legal proceedings of said issues. VG Computing does not supply any warranty with included software except for software written by VG Computing.

10. Pricing Changes

10.1 VG Computing reserves the right to adjust pricing with 30 days notice. This only applies to ongoing services provides by VG Computing. Any pre-paid amounts still remain valid and the services which was paid will be continued in full with no extra charge.

11. Statement Changes

11.1 VG Computing reserves the right to modify this statement from time to time without notice.

12. Liability

12.1 VG Computing can only be held liable up-to a maximum of the total cost of the product/service supplied to the client.

12.2 VG Computing can not be held liable, even if advised of the potential damage, for damage to other property caused by any defects in the product, loss of profit, loss of productivity, loss of data or software, damage due to inconvenience, loss of usability of the product, loss of time, loss of commercial or business opportunity, loss of goodwill, loss of sale, interference with business or commercial relationship, any other business or commercial loss, other damages whether incidental, consequential, indirect, special or otherwise and any claim against the client by any other party.

12.3 The client shall fully indemnify VG Computing for any lose or damage to property or any injury or death to persons by any act, be it negligent, by omission or by wilful misconduct, caused by the client or agent of the client or for any breach of the client's obligations arising from these or other included Terms and Conditions.

12.4 Service response and delivery times provided by VG Computing are to be used as a guide only. VG Computing can not be held liable for delays in the rendering of service or delays in delivery.

12.5 Any errors or omission in any sales literature, quote, pricing, invoice or other information provided by VG Computing is subject to correction by VG Computing without any liability on VG Computing's part.

13. Severance

13.1 If any portion of the provisions found in this document are or become unenforceable it will not affect the enforceability of the other provisions in the document.

14. Governing Law and Jurisdiction

14.1 The services and products offered by VG Computing and these Terms and Conditions are governed by the the laws of Victoria and are subject to the jurisdiction of the Victorian courts.

15. Trademarks

15.1 VG Computing and the VG Computing logo are trademarks of VG Computing. Linux is a trademark of Linus Torvalds. Red Hat is a trademark of Red Hat, Inc. Microsoft, Microsoft Windows and Microsoft Office are trademarks of Microsoft Corporation. StarOffice is a trademark of Sun Microsystems, Inc. Debian is a trademark of Software In The Public Interest Incorporated. Mandrake Linux is a Trademark of MandrakeSoft Inc. Lycoris is a trademark of Redmond Linux Corp. SuSE is a registered trademark of SuSE Linux AG. All other trademarks are trademarks of their respective companies.

16. Further information

16.1 If you have any further enquiries regarding VG Computing's legal policy please contact us for more information.

This policy was last updated on 31 August 2005.