Terms & Conditions

Everest Systems Solutions Pty Ltd, (Herein referred to as "Everest") provides remote access and mobile on-site computer maintenance and support services. (Herein referred to as "The Services") The Services provided to the client, are subject to the following terms and conditions. By confirming an EVEREST booking, the client accepts these Terms and Conditions.

EVEREST will arrive at the client's premises at a scheduled time. The Client will pay for all Services provided, as documented by a pre-approved and executed maintenance agreement or alternatively at the following rates.

1. Call out of less than one – half hour - R200 Inclusive of VAT and R4.00 per kilometre travel reimbursement from our corporate offices or the current location of our technician at the time of dispatch;
2. Call out of greater than one half hour but less than one full hour will be billed at R350 Inclusive of VAT plus R4.00 per kilometre from our corporate offices or the current location of our technician at the time of dispatch;
3. Call out of one hour or more- R350 Incl. of VAT for the first full hour and each hour thereafter with pro-rated increments of fifteen minutes at a rate of R100 as applicable plus R4.00 per kilometre travel reimbursement from our corporate offices or the current location of our technician at the time of dispatch;

EVEREST’s normal working hours are Monday through Friday, 08:00 to 17:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. These will include Weeknights until 21:00, Saturday and/ or Sunday and a latest working time of 17:00. An overtime fee will be charged for these additional working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement.) The charges will include travel times and the entire time that the EVEREST technician is on site at the client’s premises. Cancellations and other conditions with regard to the calculation of charges are as follows:

1. EVEREST must be notified of any appointment cancellations, by no later than 3 hours, prior to the scheduled appointment time. EVEREST reserves the right to invoice any client when cancellation occurs, less than three hours prior to the appointment.

2. If the EVEREST technician offers a solution that the client does not wish to use, the client will be charged for the time spent on site up to the point of the recommendation.

3. If the technician is prevented from resolving a problem because the client does not possess the appropriate software disks, drivers or product serial numbers, the client will be charged for the time spent up to the point that such materials could not be provided.

4. If the technician diagnoses a fault with a client's Internet Service Provider, or any other third-party service provider, even when/if the third party denies any fault, the client will be charged the standard rates for the time spent on site.

The client will pay Everest the amount invoiced by the EVEREST technician. This amount is due to EVEREST from the completion of the services and/or time the invoice is first given or sent to the client. EVEREST will attend the Client's premises for the agreed period, by the client, prior to or at the commencement of the appointment. EVEREST will endeavour to diagnose and or remedy the problem(s) described by the client, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of EVEREST’s attendance, EVEREST will discuss with the client the options available. The client may ask EVEREST to continue working on the problem(s), or make a further appointment. The client may terminate the appointment at any time. On termination, the client will pay EVEREST the amount incurred in respect of additional time, if any, beyond the first hour's attendance. Payment is to be made in cash or by cheque or Electronic Fund Transfer. (provided the EVEREST technician is supplied with a printed copy of the completed transfer.) Credit card payment is accepted, however, EVEREST only accepts credit cards when approved in advance. Please enquire when booking your job whether a credit card can be used. In the event of a default or dishonoured cheque or non-payment, EVEREST will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full.
Provisions regarding Liability are as follows:

1. EVEREST accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the client's hardware and or software. As well as a client's failure to provide appropriate software disks, drivers, product serial numbers or any fault with the client's ISP or any other third-party service provider.

2. The client hereby confirms that a full back up of the client's hard-drive has been made prior to EVEREST commencing The Services. The client further confirms that there is no legal restriction or impediment to EVEREST providing Services to the client.

3. EVEREST shall, under no circumstances, be liable, either in contract, or otherwise for any damage or injury caused to the client, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to The Services provided by EVEREST or out of installation, de-installation, use of, or inability to use the client's computer equipment, hardware, software or peripherals. The client will, upon demand, indemnify EVEREST in respect to loss, damage or injury arising from the provision of The Services. EVEREST has no liability to the Client for data loss or damage under any circumstances whatsoever.

DISCLAIMER

EVEREST will maintain the confidentiality of the customer's files and or data. EVEREST further undertakes that it will not provide any customer information to any third party, except when it is lawfully required to do so. EVEREST reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer's computer. If, for such reason, EVEREST terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the EVEREST technician.

The Client agrees that (a) this Agreement represents the entire Agreement between the Client and Everest and that any alterations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the Client and a duly authorized representative of Everest; (b) this Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Clients own order form or conditions; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive conditions; (e) any conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by Everest and (g) this Agreement applies to all employees and subcontractors of the Everest.