TERMS AND CONDITIONS OF SERVICE
All customers and website visitors agree to be bound by terms and conditions of service set forth below upon usage of any services offered by helpcomputing.net and its associate partners as defined herein.
1. Definitions and Interpretation
1.1 In these terms and conditions the following words have the meanings given:-
"Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;
"Contract" means a contract for the purchase by the Customer of Products or Services from Cairos Computing Limited incorporating these terms and conditions and arising from the acceptance by helpcomputing.net of an Order;
"Customer" means the person, firm or company ordering Products or services;
"Default" shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;
"helpcomputing.net" is the trading style of Cairos Computing Limited, a limited company.
"helpcomputing.net" means helpcomputing.net, helpcomputing or any such other business or professional that helpcomputing.net may appoint as sub-contractor to provide Services to the Customer; "Intellectual Property Rights" means copyright, patent, trademark, service marks, registered designs, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing;
"Licence Agreement" means any licence agreement relating to use of the Software;
"Order" means any written or verbal order for Products, or Products and Services, received by helpcomputing.net from the Customer;
"Services" means any configuration, repair, installation or computer service provided by Cairos Computing Limited as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products;
"Software" means any computer software supplied by Cairos Computing Limited, whether embodied in ROM, RAM, firmware or on disk, tape or other media.
"Confidential Information" means all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Seller or the Buyer (as the case may be).
"Delivery Address" the address for delivery of the Products or Services as stated on the Purchase Order, or other communication from the Customer;
"Price" means the price payable for the Products or Services as specified in the Purchase Order or Invoice, and payable in accordance with the terms of this Agreement;
"Products or Services" such products or Services to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer;
"Purchase Order" means the Buyer's purchase order for the Products or Services;
"Specifications" means any plans, drawings, data or other information relating to the Products;
"On-site visits" means any services delivered at the Customer's premises;
"Workshop Repairs" any services delivered on Cairos Computing or helpcomputing.net premises;
"Data Recovery" means any attempt to recover, salvage or retrieve data from any computer storage media such as hard disks, floppy disks, USB disks, flash disks or any other computer-related equipment or media;
1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.
1.3 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.
1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions.
2. Contract Formation
2.1 All Orders submitted by the Customer to helpcomputing.net and accepted by helpcomputing.net shall be subject to these following terms and conditions which shall form part of and govern any Contract.
2.2 Usage of any service or receiving any estimate or quotation for any Products and/or Services by the customer, issued by Cairos Computing Limited or helpcomputing.net - verbally, by phone or in person or in writing including by email- shall be deemed acceptance of these terms and conditions.
3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer's enquiry by phone, by email or any other acceptable means.
3.2 All quoted prices are exclusive of VAT and carriage. VAT and/or carriage will be added to the agreed price if applicable. Cost of any parts required to carry out a successful repair will be extra and are not included in the standard repair charges as displayed on the helpcomputing.net website.
3.3 Customer Promise. If a customer has defined a fault and helpcomputing are unable to repair the fault, then there will be no charge, excepting any charges for collection and delivery if there were any such charges.
3.4 Customer Promise. If a repair cannot be fixed without the need for extra parts and the customer felt that the total cost of the repair including the extra parts would become too expensive, then there will be no charge, excepting any charges for collection and delivery if there were any such charges.
3.5 If several faults are reported by the customer, or are identified by helpcomputing.net then the Customer Promise outlined in clause 3.3 and 3.4 cannot be enforced. The customer will then be directed towards a computer service tariff as described on helpcomputing.net's website for a more cost effective solution.
4.1 Payment for parts and or services must be made by credit/debit card or by PayPal prior to commencement of delivery of remote services by helpcomputing.net. Payment for parts, goods and or services must be made by credit/debit card, PayPal or cash prior or upon the delivery of the services or goods by helpcomputing.net.
4.2. The customer agrees that, except for clause 3.3 and 3.4, payment for services and carriage is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer's warranty.
4.3 Cairos Computing Limited (in the trading style of helpcomputing.net) may at its discretion offer credit terms to the Customer subject to the status of the Customer. Such credit terms shall be determined by helpcomputing.net and confirmed in writing with the Customer.
4.4 Unless and until credit terms are granted, the Customer will pay for any Products or Services on a "cash with order" basis in which case the Customer may need to allow at least three (3) Business Days, where payment is by cheque, for the payment to be credited to Cairos Computing's account. helpcomputing.net reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to Cairos Computing's bank account.
4.5 Where credit terms are granted, and unless other terms are granted in writing, the Customer will pay no later than 30 days following the date of helpcomputing.net's invoice and helpcomputing.net reserves the right to suspend deliveries or services where payment is delayed.
4.6 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to helpcomputing.net under the Contract have been paid. helpcomputing.net may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer.
4.7 If payment is not received by the relevant due date Cairos Computing Limited may: Charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of four (4) per cent per annum above the Santander plc Base Rate for the time being in force.
4.8 All payments made by the Customer to helpcomputing.net shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.
4.9 The customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with or against any third party.
5. Returns, Refunds and Cancellations Policy with respect to any services offered or provided
5.1 helpcomputing.net will not charge for any cancellation of any initial appointments made or subsequent appointments. We will not charge any further should the customer wish to terminate any agreement with helpcomputing whether the agreement was in writing or verbally agreed.
5.2 helpcomputing.net does not offer a refund with respect to any service that has already been provided to the customer, except as described in sub-clauses 3.3, 3.4 and 6.4.
5.3 Any parts supplied to the customer by helpcomputing in conjunction with any service is\are not returnable except if the part has developed a fault within the manufacturer's warranty period. helpcomputing will accept the part for replacement or repair only according to the manufacturer's warranty.
5.4 For assistance, the customer should contact helpcomputing via the Contact Us page on www.helpcomputing.net.
6. Returns, Refunds and Cancellations Policy with respect to any goods ordered or supplied
6.1 helpcomputing.net will not charge for any cancellation of any order as long as helpcomputing is able to itself return the goods to the supplier. If the supplier would charge a restocking fee then this fee would be passed onto the customer. Where a deposit has been taken, any restocking fee would be deducted from the deposit. An order for a custom-made computer may be cancelled but any deposit taken may not be refundable where work on the custom -made computer has already started; the cost of any work started and parts used may be deducted from the deposit.
6.2 helpcomputing.net does not offer a refund with respect to any goods supplied except under the following circumstances:
* Goods are faulty on arrival
* Goods damaged on arrival
* Goods not as ordered
Under these circumstances the customer is entitled to a refund or a replacement product.
6.3 Any goods supplied to the customer by helpcomputing is\are not returnable except under the following conditions:
* Goods have developed a fault during the warranty period
It is always by far quicker if the customer contacts the manufacturer directly. helpcomputing will assist the customer accordingly.
6.4 For assistance, the customer should contact helpcomputing via the Contact Us page on www.helpcomputing.net.
7.1 helpcomputing.net, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by helpcomputing.net under an agreement with the manufacturer or supplier of the relevant Product to the Customer.
7.2 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.
7.3 helpcomputing.net may in its discretion offer support or maintenance services with respect to Products or services.
7.4 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded.
8. Terms of Service
8.1 Cairos Computing Ltd and helpcomputing.net will make every possible effort to preserve their customers' data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired and tested. The customer agrees not to hold Cairos Computing Limited and its trading style helpcomputing.net responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network.
8.2 If helpcomputing.net is unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, then there will be no charge. The computer will be reassembled. Any collection and delivery charge will still apply and will cover the cost of collection and return of the computer(s) if applicable.
8.3 If the customer's computer develops a fault in the course of service delivery by helpcomputing.net on-site or off-site, for example if the presence of a virus causes further damage, the customer agrees not to hold helpcomputing.net responsible for the fault. However, helpcomputing.net will do its best to remedy the problem at no cost to the customer unless parts are required.
8.4 All computers repaired at helpcomputing.net's offices are checked for viruses and are free from viruses before delivery to the customer. helpcomputing.net is not responsible for any virus infections that occur after the customer has received the computer. A charge will apply for the removal of any virus(es) in the computer after the delivery of the computer.
8.5 Where the Customer requires helpcomputing.net to carry out any configuration or installation services either for the Customer and /or the end-user, helpcomputing.net shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
8.6 helpcomputing.net will use all reasonable endeavours to provide computer services in accordance with the terms of the Contract and will ensure that all the Services are provided with all reasonable care and skill and by suitably trained and qualified persons.
9.1 helpcomputing.net (and therefore Cairos Computing Limited) shall
a) not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services;
b) In no event will helpcomputing.net (and therefore Cairos Computing Limited) be liable for any loss of data or loss of revenue or profits before, during or after services even if helpcomputing.net has been advised of the possibility of damages or loss to persons or property.
9.2 helpcomputing.net's liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services.
9.3 The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repair and data recovery, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of helpcomputing.net. The customer agrees not to hold helpcomputing.net responsible for any damage or loss of equipment or media or data loss. In case of any damage or loss to the original media or equipment, where helpcomputing.net has been shown to have been the sole cause of such damage or loss, the liability of helpcomputing.net (and therefore Cairos Computing Limited) shall be limited to providing the customer with similar media or equipment of comparable price or capacity.
9.4 The maximum aggregate liability of helpcomputing.net to the Customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the Customer as a result of any default of helpcomputing.net shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 12 months.
9.5 helpcomputing.net shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of helpcomputing.net for:
(a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person.
9.6 Any advice or recommendations given to the Customer by helpcomputing.net or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by helpcomputing.net, is followed or acted upon entirely at the Customer's own risk and accordingly helpcomputing.net shall not be liable for any such advice or recommendation which is not so confirmed.
9.7 While helpcomputing.net will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold helpcomputing.net responsible for any cosmetic damage to the equipment in its possession including but not limited to surface scratches, deformations and cracks.
10. Intellectual Property Rights
10.1 All Intellectual Property Rights in or relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by helpcomputing.net during the course of providing the Services shall remain vested in helpcomputing.net or its suppliers as the case may be and the Customer shall have no title to or interest in any such Intellectual Property Rights except to the extent specifically agreed by helpcomputing.net.
11.1 Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent.
12.1 helpcomputing.net reserves the right to modify these terms and conditions. Any such modification will apply on the effective date specified in the said notice to all services and products provided by helpcomputing.net.
13.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts.
14.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.
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