Terms and conditions
1. Subscription Term
1.1 Your subscription commences on the day that you sign up for FabCare+ and continues for 12 months (Subscription Term).
1.2 You have 7 days of time to cancel your plan after signing up to one of our Fabalicious plans.
1.3 12-month fixed plan - no refund if cancelled within 12 months.
1.4 No charges to cancel any plans.
1.5 Payment is required upfront to start a plan.
2. Automatic Renewal
2.1 To ensure any security protections included in your cover (such as critical security emails and security software updates) do not unknowingly lapse and leave you exposed, and so that your remote support continues to be available when you need it,
2.2 Your Subscription Term will automatically renew on its expiry date for a further 12 months, unless you give us at least three (3) days prior written notice.
2.3 We will give you reasonable notice by email leading up to your renewal date (to the email address you provide to us – which you should keep updated) reminding you that you may cancel the auto-renewal (if you feel continued protection is no longer needed).
2.4 Each auto-renewal will be considered a new Subscription Term for the purposes of this Agreement (including for calculation of early termination fees).
3. Business Hours
3.1 We provide our services during the following hours (Business Hours). All hours are New Zealand standard:
Monday to Friday: 9am to 5pm
3.2 The FabNet services do not include remote support for the following tasks:
3.2.1 Hard drive formatting or operating system installation.
3.2.2 Virus and spyware removal on computers and / or devices other than your
nominated PCs / laptops.
3.2.3 Training or instruction on how to use features of a software program other than as required to address the current technical problem; and
3.2.4 Advanced network services such as configuring port forwarding, installing new network equipment or connecting your computer to a virtual private network.
3.3 The FabNet services also do not include:
3.3.1 Welcome Pack. Free visit from our Tech to welcome you on board and a free health and security check one on your system.
3.3.2 The provision of new or replacement hardware or software.
3.3.3 Fixing bugs inherent and ingrained in certain types of software.
3.3.4 Instances where the compatibility of the system to the software is in question.
3.3.5 Instances where the system configuration is invalid or not supported by the manufacturer of the device / application.
3.3.6 Scripting, programming, database design or web development.
3.3.7 Parts and / or other costs associated with providing repairs; and
3.3.8 Situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem.
4. On-Site Services
4.1 Duration & amp; charging for services that we provide to you on-site, please note that:
(a) a one-hour minimum duration applies.
(b) further charging is in half hour blocks.
(c) most issues can be solved in the first hour. If the technician, however, expects that it will take longer, he or she will usually know within the first 15 minutes. The technician will give you options, and you can decide how you
want to proceed.
(d) For on-site services, we guarantee that we can find a solution to your problem, or we won’t charge you for the on-site services.
5. Your On-Site Service obligations
(a) You must ensure that a person of at least 18 years of age is present for the duration of the provision of on-site services.
(b) You must provide our technicians who provide on-site services with:
Access to the areas of your premises necessary to provide services.
Access to your computer.
A safe working environment and working space; and electrical power and internet access (where applicable).
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 product key for this software.
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 FabNet technician.
You agree to comply with all relevant policies and procedures we advise from time to time on our website.
You must ensure you do not cause any harm or injury to our on-site technicians.
Your data back-up obligation.
You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services.
We are not responsible at any time for any data loss, alteration or corruption of any such data, software or media.
6. Acknowledgements and disclaimers
(a) Timeframes are estimates only (other than our same day guarantee, 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).
(b) On-site support – return to base for difficult problems (it may not be possible to resolve all problems via an on-site service. In particularly difficult cases, we may (with your permission) 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).
(c) Recommendations for upgrades / replacements (in providing the services and goods to you, we may identify that the solution to your problem is to upgrade or replace your software or hardware. In that case you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether you choose to implement that solution).
(d) No guarantee that all issues will be identified (while we use our best efforts to identify issues with your software and hardware (including where we provide access to an “alerts and monitoring” system as part of FabNet Subscription), given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).
(e) Final solution may differ from initial diagnosis (as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the initial diagnosis).
(f) Not all issues can be resolved by remote support (you acknowledge that some problems cannot be fixed over the telephone or by remote system access and may require on-site support).
(g) Failure to follow our instructions or advice (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).
7. Fair Play Policy (Subscriptions)
7.1 If you are a Subscription customer, you must not use the services in a way that is excessive, unreasonable, or fraudulent, or that disrupts or impedes our ability to provide services to other customers. The services should only be used for your Welcoming Pack – free visit from our Tech to welcome on board and free health and security check done on your system.
7.2 Reasonable and genuine personal or business needs (as applicable to your membership type).
In addition to the above, you must not:
(a) make multiple remote service requests caused by a lack of regular maintenance.
(b) make repeat remote service requests caused by your failure to act on our recommendations; or
(c) attempt to make the services available beyond the supported devices or to persons who are not subscribed to the services.
8. Force Majeure
8.1 We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of God or act of any government or governmental agency.
8.2 FabNet will not look after accessories or any other plugins to the system.
8.3 Unlimited call support – basic computer support and training. If connected remotely to a customer’s system, a $0.69 cents charge per minute may apply.
8.4 FabNet will not take any responsibility for a third-party application or add-ons but will support it to an extent.
8.5 If your call is unanswered, voicemail should be left including name and phone number and one FabNet technician will call you back within 6-8 working hours.