Terms & Conditions
- Charges – means the following payment amounts specified in the Statement of Work, such amounts may be agreed by both parties verbally or written from time to time. The charges may be fixed price or hourly rate, with hourly rate charging prices for the time spent by the Provider performing the services for the Customer rounded to the nearest quarter hour.
- Contract – means a particular Contract made under these Terms & Conditions between the Provider and the Customer.
- Customer – means a person or entity identified under the Statement of Work by the Provider.
- Customer Data – means any data on the storage device of the Customer’s hardware like hard disk drives, sold state drives, or any data located on cloud or offsite storage that the Engineer has access to while performing the work.
- Customer Personal Data – means any personal data that is processed by the Provider on behalf of the Customer in relation to the Contract, but excluding data with respect to which the Provider is a data controller.
- Data Processing Information – means the personal data I collect or create from you and what I do with your personal data I collect from you.
- Data Protection Laws – means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation. (Regulation EU 2018).
- Effective Date – means the date of the execution of the Contract or Term.
- Engineer – the technical Provider doing the work on the Customer’s hardware and software.
- Personal Data – has the meaning given to it in the General Data Protection Regulation. (Regulation EU 2018).
- Products – means identity of products or any products that the Provider supplies or agrees in writing to supply the Customer from time to time or those products identified in the Statement of Work.
- Provider – means individual name of address or company name, the company providing the services to the Customer.
- Services – means any Services that the Provider provides to the Customer or has an obligation to provide to the Customer under these Terms & Conditions.
- Statement of Work – means a written statement of work agreed by or on behalf of each of the parties.
- Support Services – means the support services specified in the Statement of Work.
- Supported Hardware & Supported Software – means the hardware or software identified in the Statement of Work or any hardware or software leased/licensed to the Customer and used in the course of the business of the Customer from time to time.
- Term – means the Term of the Contract commencing and ending. The work will come into force on the effective date stated by the Provider. The Term will be in force until the completion or termination of the work by the Provider.
- Terms & Conditions – means all the documentation containing the provisions of the Contract, namely the main body of these Terms & Conditions, Schedule 1 (Data Processing Information) and the Statement of Work, including any amendments to that documentation from time to time.
- Third Party Software – means that software the rights in which are owned by one or more third parties that the Provider agrees to supply to the Customer under the Statement of Work.
- Third Party Software License – means the Third Party Software Vendor’s standard licensing terms for the Third Party Software from time to time.
- Third Party Software Vendor – means a third party that has granted to the Provider the right to distribute the Third Party Software and resell licenses for the Third Party Software.
If any section or wording of this Terms & Conditions be held legally invalid, then this shall not affect any other section, or wording of the Terms & Conditions, which shall remain valid and binding. Should any wording or section in this Terms & Conditions be misunderstood or contentious, then the meaning or definition attached to that wording or section shall be the meaning as would have been obtained or understood by any reasonable person of sound mind.
1. Support Services
I will provide Support Services for the Term duration it takes to complete the job. I shall provide Support Services with reasonable skill and care in accordance with the standards of the Information Commissioner’s Office and National Trading Standards agency. I may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Provider under the Term is overdue, and I will provide the Customer at least 14 days written notice following the amount becoming overdue of its intention to suspend Support Services on this basis.
2. Product Supply
The Provider shall provide the Products to the Customer as soon as cleared payment has been made subject to all the provisions of this Terms & Conditions. The Products must be delivered by the Provider to the premises of the Customer within 14 days from the time of purchase. The Provider will be responsible for paying all costs relating to loading, transporting and unloading the Product to the Customer and the risks in the Product will be transferred from the Provider to the Customer upon delivery of the Products by the Provider. Legal and equitable title to the Products will be transferred from the Provider to the Customer upon the collection or delivery of the Products and receipt by the Provider of all amounts due from the Customer under the Term.
3. Third Party Software
The Provider shall supply the Third Party Software to the Customer within 14 days by the means, providing that there are no means the software will be supplied by digital download. The Provider will ensure that a copy of the Third Party Software License is supplied or otherwise made available to the Customer upon or before the parties agree to the supply of the corresponding Third Party Software. The Provider will be responsible for ensuring that the Customer’s use of Third Party Software is properly licensed. The Customer acknowledges that the Third Party Software License creates rights and obligations between the Customer and the Third Party Software Vendor, and that the Provider is not a party to the Third Party Software License.
4. Customer Obligations
The Customer must provide to the Provider, or procure for the Provider, such access to the Customer’s computer hardware, software, network and systems as may be reasonably required by the Provider to enable the Provider to perform its obligations under the Term.
The Customer shall pay the Charges to the Provider in accordance with these Terms & Conditions. I may invoice the Customer before commencing any work if I am performing a Contract, I will obtain written agreement from the Customer before commencing with the work. Otherwise I will charge the Customer on completion of the work or near completion where I am leaving the site and will commence further work remotely. The Customer is expected to pay the charge within 1 month of the work completion. The Charges will be stated in the Contract or invoice in printed form or digital document format, or may be said verbally.
The Provider shall issue invoices for the Charges to the Customer from time to time during the Term. The Customer must pay the Charges to the Provider within the period of 14-31 days depending on the type of business and needs of the business that it’s working with following the issue of an invoice. The Customer must pay the Charges by debit card, credit card, bank transfer or cash using such payment details as are notified by the Provider to the Customer from time to time. If the Customer does not pay any amount properly due to the Provider under these Terms & Conditions, the Provider may send numerous warning letters in writing and email to the Customer requesting for payment. If there is still no payment made from the Customer after writing in warning and email, then the Provider may charge the Customer interest on the overdue amount at the rate of 8% per annum plus the Bank of England base rate from time to time which Interest will accrue daily until the date of actual payment. The interest will be compounded at the end of each calendar month, or the Provider may claim interest and statutory compensation from the Customer pursuant to the Late payment Of Commercial Debts Interest Act 1998.
7. Data Protection
Each party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data. The Customer warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with the Term. The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Term, the Personal Data of data subjects falling within the categories specified in Paragraph 1 of Schedule 1 (Data Processing Information) and of the types specified in Paragraph 2 of Schedule 1 (Data Processing Information); and the Provider shall only process the Customer Personal Data for the purposes specified in Paragraph 3 of Schedule 1 (Data Processing Information).
The Provider shall only process the Customer Personal Data during the Term and for not more than 30 days following the end of the Term, subject to the other provisions of this clause. The Provider shall only process the Customer Personal Data on the documented instructions of the Customer including with regard to transfers of the Customer Personal Data to any place outside the European Economic as set out in these Terms & Conditions or any other document agreed by the parties in writing.
Notwithstanding any other provision of these Terms & Conditions, the Provider may process the Customer Personal Data if and to the extent that the Provider is required to do so by (applicable law). In such a case, the Provider shall inform the Customer of the legal requirement before processing, unless that law prohibits such information (on important grounds of public interest).
The Provider shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Provider and the Customer shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data, including those measures specified in Paragraph 4 of Schedule 1 (Data Processing Information).
The Provider must not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer. The Provider is hereby authorised by the Customer, as at the Effective Date, to engage those third parties identified in, or falling within the processor categories specified in, Paragraph 5 of Schedule 1 (Data Processing Information) to process the Customer Personal Data. Legal basis under GDPR: consent will be obtained for marketing activity. I will use ‘soft opt-in’ for the promotion of related commercial services to existing or former Customers where they have been given the option to withdraw consent on each contact. I will obtain explicit consent for other direct marketing, including campaigning or marketing contact on behalf of third parties or with people who are not existing Customers.
In the case of a general written authorisation, the Provider shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Customer objects to any such changes before their implementation, then the Provider must not implement the changes or the Customer may terminate the Term on 7 days written notice to the Provider, providing that such notice must be given.
8. Loss of Computer & Storage Data
As part of the repair process, it may sometimes be necessary to reformat your computer’s internal or external hard disk drives and/or reinstall your computer’s operating system. Both of these procedures are carried out only as a last resort and after the Engineer has attempted by all other means to diagnose and resolve the problem.
The Engineer will not be held liable for losing computer or storage device data while tasked with reinstalling the operating system; deleting drive partitions, formatting drive partitions or creating new drive partitions. The Engineer will not be held liable for losing computer or storage data when repairing problems with Network Attached Storage (NAS); reinstalling the operating system, changing the RAID array of the hardware, formatting or deleting drive partitions. The Engineer will not be held liable for loss of data when uninstalling programs or accidental deletion of files and folders.
The Engineer will not be held responsible for loss of Customer Data while transferring data from a hard disk drive to another hard disk drive or when transferring data over the network should the network connection be cut during transfer process. The Engineer will not be held responsible for loss of Customer Data when cloning hard disk drives and transferring to another computer or directly transferring computer data between computers.
All data regarded as either required, important and/or critical should be backed up (saved to another hard disk drive or to removeable media, for example a CD-R or DVD-R disc prior to any intended reinstallation of the operating system or reformatting of your computer’s internal or external hard disk drives. Following successful reformatting of the hard disk drives, all data will have been erased. Following successful reinstallation of the operating system, your computer will have all its software and data wiped and be applied to its default operating system state. I can then reinstall your applications, re-apply settings and transfer data back to the system if you have provided me with a backup.
Computer data can also be lost for a wide variety of other reasons, for example problems affecting the computer’s internal or external hard disk drives as a result of virus or spyware infections due to corruption of data files and/or folders etc. The only way in which you can effectively safeguard yourself against the risks associated with loss of data is to maintain a regular and systematic backup procedure.
The Provider shall not be held liable for any loss or damage, whatsoever, whether direct, indirect or consequential inclusive of, but not limited to, loss of work time or productivity, financial loss, existing or prospective customer base, computer or network access and/or loss or damage to property, equipment, software, data or premises.
Any product supplied carries the standard manufacturer’s warranties. The Provider cannot be held liable or responsible, in anyway whatsoever, for any failure of the Products supplied, or failure of the Products to meet expectations or purposes, or any other reason relating to the supply of the Products. The Provider is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non-conforming parts or products.
Any provision of equipment, software, applications or services are undertaken only after taking into account various factors including any limitations of the current system, software, applications or infrastructure; any other technical or design limitations with new software or applications; compatibility issues between hardware components and/or software components. There is no guarantee to any other companies’ ability to enable their software and/or systems to function correctly after integration. The Provider cannot be held liable for any losses, whether in Contract, tort or otherwise, including financial, goodwill, loss of business or customer base or any other losses due to the failure of the equipment, software or system to function as expected.
Any equipment, or the settlement of any invoice associated with that equipment, any work or travel requested or required whether inside or outside of the manufacturer’s warranty, in order to diagnose or repair any faults, or to report any fault to the manufacturer, shall be chargeable at my standard rates.
Where the Provider has arranged, supplied, installed or configured any online and/or offsite backup for the Customer’s systems or data, then the provision of such services is subject to the standard Terms & Conditions of the third party company providing the service. The Provider cannot be held liable for any losses, whether in Contract, tort or otherwise, including financial, goodwill, loss of business or customer base, or any other losses, in anyway whatsoever for any failure of any online or offsite back system, or failure of the backup system to meet expectations or purposes, or any other reason relating to the supply of the backup system.
10. Fixed Price Policy
I’ll work out a plan for work to be done and I’ll give you an estimate quote, which can require a deposit then a final payment when the work has been completed. I may agree the price with you to do the job in speech, email or in writing on Contract digitally or in written form. I deliver a fixed price policy for the majority of jobs that I do, it covers the commission fee for my work, but the price of the hardware and software involved in the job is independent from it and will be an additional price on top of the commission fee. My fixed price policy covers routine jobs that I can give an estimate how long the job is going to take, what is involved; sometimes it might take me longer to do the job but I won’t charge you more than I’ve specified to do the job. I could encounter additional tasks that need doing during the work procedure that adds more onto the price, I’ll let you know of any additional tasks I recommend need doing while I’m working. The fixed price policy covers jobs like computer, laptop and tablet repairs, managing software on the computer, other devices like printers and phones. Performing planned tasks with Windows Server, setting up or configuring a specified amount of network infrastructure.
11. No Call-Out Fee Policy
My no call-out fee policy means that I do not charge the Customer for driving to meet the Customer on-site at their premises or at my premises to provide free information, advice or suggestions. I will not charge the Customer to arrive on-site to provide a consultation about what they want doing, suggestions, and ways I can improve their IT systems. I will not charge a call-out fee to provide advice or information that is general and limited in technical content.
This policy does not apply when:
- I as the Engineer am able to resolve the problem or effect the repair, but am only prevented from doing so by the Customer requesting me not to proceed with the work.
- I am able to resolve the problem or effect the repair, but am only prevented from doing so because the Customer does not possess the required software disc or product key.
- I provide a clear and precise diagnosis of the operating system or hardware but the Customer decides not to proceed with my service.
12. Diagnostic Fee Policy
The diagnostic fee is charged when I am able to affect the repair, diagnose the problem or explain what needs to be done but am prevented from carrying on with the work by the Customer’s decision. The diagnostic fee depends on the amount of work performed to diagnose what the problem is and the solution required to resolve the problem, and the value of the hardware is taken into consideration. The diagnostic fee starts at £35 and can be up to £45 if I’ve spent more than half an hour diagnosing the problem or formulating a solution. If I cannot specifically diagnose a problem or find a solution to the task then no fee is charged.
Warranty for products and software bought:
When you buy hardware from me, they come with standard manufacturer’s warranty depending on whether they are new, second hand or refurbished. I’ll tell you on request how long their warranty is specified for; if you encounter problems with the hardware within its warranty period (I’ll tell you if it’s still in the warranty period), contact me and I will try and secure a replacement or repair from my suppliers or manufactures for the Products that you bought. Once the warranty period is up, I cannot guarantee any repairs or replacement parts for the items you bought. You are obliged to pay any shipping fees of the product to the supplier or manufacturer that I acquired the product for you.
Warranty for services given:
I provide a 1-month warranty by default on all work that I do, this covers problems that display after the work that I’ve done on your hardware or software that relate to the work that I’ve done only. If a problem occurs after the 1-month warranty then I cannot offer any refund or provide warranty work; the Customer will have to hire my services again. The warranty includes cases where I’ve done work and it has directly affected the operation of other components that become faulty after my work.
These policies don’t apply when:
- The Customer attempted to resolve the problem themselves and made things worse.
- The Customer accidentally or intentionally damaged/affected the hardware or software.
- The product suffers electro-static, lightning, physical, electric surge, water and other damage.
- The Customer uninstalls software that I’ve installed and replaces it with something else.
14. Refund Policy
In regards to hardware you buy from me, if you decide you no longer want to use hardware or software in unopened packaging you may return the hardware or software to me within 14 days of receiving goods. If the products are dead on arrival, damaged or faulty I will also issue you a refund.
This policy does not apply when:
- I've affected the hardware or software but the problem still persists; I've performed the work but errors are still prevelant or the task hasn't been fully accomplished.
- Some data is lost after work is done on the computer, storage drive, storage disk or network storage.
- A hardware or software problem occurs after the 1 month warranty period that didn't exhibit during the first month.
- When the computer or hardware is damaged by electrical power surges, water, electro-static discharge or lightning damage.
- Accidental or intentional damage done by the Customer including misconfigurations to the software or hardware.
- If you change your mind about the work that has been done or you no longer want a hardware or software product that you purchased but has been used.
- When I am working with operating systems or software that I deem to have been installed and configured appropriately but due to factors outside of my control am not able to get it to perform entirely up to Customer’s expectations or requirements.
- Third party software issues, computer virus or spyware problems that occur after the service work.
- During work related data recovery when I can't guarantee 100% of data recovered during situations where I’m trying to recover data from a corrupted operating system, deleted storage drive date or formatted storage drive partitions.