Terms & Conditions
- Agreement – means a Contract, Statement of Work, or verbal declaration, between the Provider and the Customer incorporating these Terms and 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 will be fixed price and the Provider will let the Customer know about the pricing range and scheme.
- 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, solid 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 the Provider collects or creates from the Customer and what the Provider does with the personal data they collect from the Customer.
- 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). The term Personal Data refers to such information which, directly or indirectly, may refer to you as an individual. Examples of such data are name, image, personal ID number, contact details, account usernames, account passwords and IP addresses.
- 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. A Statement of Work will include all deliverables and due dates, the individual tasks that lead to the deliverable, and who these tasks are assigned to. The resources needed for the project including facilities and equipment, costs and deadlines for payment.
- 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, 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.
- Working Hours – means the stated beginning and ending working times declared on the Provider’s Google Business listing and the Provider’s website.
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.
- Support Services
The provider will provide Support Services for the Term duration it takes to complete the job. With effect from the Commencement Date, the Provider shall, in consideration of the Fees being paid in accordance with the terms of payment, provide the Services expressly identified in the Statement of Work, or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions. The Provider will use reasonable care and skill to perform the Services identified in the Statement of Work or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions. The Provider will use reasonable endeavours to maintain the functionality of any Software which may be installed or otherwise operative on the Equipment and undertakes to re-install any Software which may have been corrupted or otherwise made unavailable due to hardware failure and to render such technical assistance as may be necessary to secure the satisfactory operation of the Equipment and Software. Upon receipt of the Customer’s request for support or rectification of a defect, the Provider shall normally begin work on such support or defect not later than 5 days. Such response times are calculated and apply during Working Hours. The provider may without obligation respond within shorter times than those set out herein in the case of a situation deemed to be an emergency by the Provider. The provision of Services outside of the Working Hours is at the sole discretion of the Provider. All response times apply strictly to existing customers within a month period who have entered into an agreement under the Statement of Work. The Provider will 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. The Provider will not guarantee the performance of any Software which the Provider has undertaken to re-install. The Provider shall use all reasonable endeavours to complete its obligations under the Statement of Work. The Parties agree that time will not be of the essence in the performance of these obligations.
- 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.
- 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.
- 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. The Provider will obtain written agreement from the Customer before commencing with the Term. The Charges will be stated in the Contract, invoice or Statement of Work. The Charges will be in printed form, digital document format, or explained verbally. The Customer agrees to pay the fees in accordance with clause 6 and the Statement of Work or Contract. The Provider shall be entitled to recover from the Customer his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services before commencement of the Term. The Customer shall pay the Provider for any additional services provided by the Provider that are not specified in the Statement of Work in accordance with the Provider’s rate in effect at the time of the performance or such other rate as may be agreed. Any such charge for additional services shall be invoiced separately from any fees due under the Statement of Work.
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 30 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, cash or cheque using such payment details as are notified by the Provider to the Customer from time to time. If the Customer fails to make any payment on the latest due date in respect of any sum due under these Terms and Conditions, then the Provider shall have the right to charge the Customer interest on any sum outstanding at the rate of 8% above the base rate of the Bank of England from the due date for payment until the date on which the payment is received under the Late payment Of Commercial Debts Interest Act 1998. The Provider shall notify the Customer for overdue payment in writing, email, and telephone contact, the Provider may follow legal solicitor support from the Federation of Small Business if payment is still not received after communicating by letter, email and telephone.
- Data Protection
Each party shall comply with the Data Protection Laws with respect to the processing of the Customer’s Personal Data.
The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Agreement, Customer Personal Data for the purpose of the Provider providing and the Customer using the Provider’s Services.
The Provider shall only process the Customer Personal Data during the Term and for not more than 90 days following the end of the Term, subject to the other provisions of this clause and unless otherwise required by law.
Notwithstanding any other provision of these Terms and 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.
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.
The Provider is hereby authorised by the Customer to engage, as a sub-processor with respect to Customer Personal Data, with third parties in order to complete the work set out in the Agreement, the Provider may share Customer Personal Data to complete a subscription, contract or buy a product.
The Provider shall not transfer the Customer Personal Data to a country outside the European Economic Area without the prior written consent of the Customer unless appropriate safeguards have been implemented.
The Provider shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws.
The Provider shall report any Personal Data breach relating to the Customer Personal Data to the Customer without undue delay and in any event within 24 hours following the Provider becoming aware of the breach.
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 shall make available to the Customer all information necessary to demonstrate the compliance of the Provider with its obligations under this clause and the Data Protection Laws.
The Provider shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.
- 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 liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits or savings, loss of business, loss of data (including but not limited to Customer Personal Data), loss or depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, punitive or exemplary damages, charges or expenses however arising under this Agreement.
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.
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.
- Fixed Price Policy
I deliver a fixed price policy; 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. Before I start the work, I will give you a quote estimate on how much the job is going to cost based on what I’ve planned needs doing. During my work the actual price can change based on what I’m doing and things that I’ve encountered; I’ll keep you up to date on what the price is going to cost throughout my working period. If I’m working on a Contract for example, I’ll work out a plan for the work to be done and I’ll give a specific price on how much the work is going to cost, which can require a deposit then a final payment when the work has been completed. If we sign a Contract with an agreed price then that will be the absolute price cost for the job to be done, regardless of any additional tasks or situations encountered. I may agree the price with you to do the job in speech, email, Contract or in written form. My fixed price policy covers all work to be done; I don’t charge a fixed price per hour, but if I give you an estimate quote before I start the work and during the work I find the task requires more skill or time, I may charge additional but I will tell you about this. If your unhappy with the difference in price from the quote estimate then you can ask me to stop the job, but I may still charge you a diagnosis fee for finding the problem or knowing how to deliver a solution. 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 and you can agree or disagree to them.
- 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.
- 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 £50. If I cannot specifically diagnose a problem or find a solution to the task then no fee is charged.
Warranty for hardware products 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 the duration of each product’s warranty; 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 were bought. Once the warranty period has expired, I cannot guarantee any repairs or replacement parts for the items bought. You are obliged to pay any shipping fees of the product to me, the supplier or manufacturer for warranty repair or replacement.
Warranty for services given:
I provide by standard a 1-month warranty by default on all work that I do, this covers problems that occur/display after the work that I’ve done on your hardware or software that relate only to the work that I’ve performed. If another problem occurs unrelated to the work I’ve done, the call-out will be charged at my standard rate. 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. I will explicitly tell you the duration of the warranty period. In some cases I can extend the warranty period up to my discretion, but I am not obliged to do so. If a problem occurs after the 1-month or extended warranty period then my service is chargeable at a standard price. I oversee the manufacturer’s warranty for hardware that I sell to the Customer; I can refund the Customer for the Products purchased plus the services provided.
Purchased hardware warranty policy doesn’t apply when:
- Accidental damage is caused to goods like exposing to water, changing hardware voltage, power adapter supply incompatibility, or exposing the product to physical shock.
- Lightning and environmental factors causes damage.
- The manufacturer’s warranty period becomes outdated.
Service warranty policy doesn’t apply when:
- The Customer attempts to resolve the problem themselves and tampers with the changes I made on the operating system.
- The Customer accidentally or intentionally damages/affects the hardware or software.
- The product suffers electro-static, lightning, physical, electric surge, or water damage.
- The Customer uninstalls hardware/software that I’ve installed and replaces it with something else.
- Refund Policy
In regards to hardware you buy from me, if you decide you no longer want to have hardware that you have not used you may return the hardware 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. I may provide you a refund if hardware items are faulty during their warranty period and the supplier doesn’t have a replacement. I may provide you a refund if the hardware I’ve sold you isn’t compatible for your other hardware.
I do not provide a refund for software purchased unless it comes in unopened packaging, I will provide up to 14 days return on unopened packages software. I do not provide any refund for digital downloaded products, digital license keys or accounts, period.
In regards to my services, this policy does not apply when:
- Some data is lost after work is done on the computer, storage drive, storage disk or network storage.
- 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.