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TERMS & CONDITIONS © FixMyTechPembs
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 FixMyTechPembs and its associate partners as defined herein.
1. DEFINITIONS
1.1 In these terms and conditions the following words have the following meanings:
"Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;
“Normal Business Hours” means between 09:00 and 17:00, Monday to Friday, inclusive;
"Company" means FixMyTechPembs and/or any associated entities, or any such other business FixMyTechPembs may appoint as sub-contractor to provide Products or Services to the Customer;
”Customer" means the person, firm or company ordering Products or Services;
”Contract" means a contract for the purchase by the Customer of Products or Services from FixMyTechPembs incorporating these terms and conditions and arising from the acceptance by FixMyTechPembs of an Order;
"Order” or “Purchase Order" means any written order for Products, Services, or Products and Services, received by FixMyTechPembsfrom the Customer; in instances where it is not possible to provide a written order in advance, a verbal order shall be deemed sufficient, providing it is agreed upon between the FixMyTechPembs and the Customer and shall be subject to these Terms;
“Product(s)” means the equipment, parts, materials, supplies, software, and other goods the Company shall supply to the Customer under the Contract;
"Service(s)" means the provision of repair services provided by FixMyTechPembs, as contractor or sub-contractor, to the Customer under the Contract, in conjunction with, but not necessarily including, the supply of Products; this shall also cover the collection and/or delivery of equipment or Products to the Customer's premises or third party premises as requested by the Customer, in writing, and agreed upon by the Company;
“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;
"Intellectual Property Rights” or “IPR" means any 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 the installation and use of software, programs or applications, whether purchased or provided free of charge;
"Software" means any computer software supplied by FixMyTechPembs, whether embodied in programs, applications, Operating Systems, ROM, firmware or on disk, tape or other media.
"Confidential Information" means, but is not restricted to, all information 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, whether such information belongs to the Company or the Customer (as the case may be);
"Delivery Address" means the address for delivery of the Products or Services as stated on the Purchase Order;
"Price" means the price payable for the Products or Services as specified in the Purchase Order and payable in accordance with the terms of this Agreement;
"Products or Services" means such Products or Services sold or provided by the Company to the Customer as may be determined from time to time by the Seller and Buyer;
“Specifications" means any plans, drawings, data or other information relating to the Products or Services;
“On-site repair” means any repair services carried out at the Customer’s premises or other third party premises as shall be agreed upon by the Company and the Customer; this shall also cover visits to Customer's premises to carry out diagnostic services or to provide quotations for services;
“Workshop Repairs” means any repair services carried out on FixMyTechPembs premises or sub contractor premises;
“Malware” means any computer viruses, trojan horses, worms, rootkits, spyware, adware or other malicious programs, codes, scripts or other computer contaminants;
“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
2.1 All Orders submitted by the Customer to FixMyTechPembs and accepted by the Company shall be subject to these following terms and conditions which shall form part of and govern any Contract.
2.2 Usage of any Company service, including the Company website, or the receipt of any estimate or quotation for any Products and/or Services by the Customer, issued by the Company, whether verbally (in person, by phone or VOIP) or in writing (including by email or text message), shall be deemed to be an acceptance of these terms and conditions.
3. PRICES
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.
3.2 All Services shall be carried out at the stated hourly rate, or at a price previously agreed in writing.
3.3 All quoted prices are exclusive of VAT and carriage. VAT and/or carriage will be added to the agreed price, if applicable.
3.4 The cost of parts required to carry out a successful repair are not included in any quote unless specified.
3.5 A minimum standard charge for 1 hour applies to any on-site visit or repair at Company premises. If the repair or on-site visit takes longer than 1 hour, the Customer will be charged for the extra hours of labour at the same hourly rate, to the nearest 30 minutes.
Examples; if a repair takes 1 hour, 25 minutes the Customer shall be charged for 1 hour and 30 minutes. If a repair takes 1 hour, 45 minutes the Customer shall be charged for 2 hours.
3.6 The Company reserves the right to charge a higher rate for Services outside of Business Days and/or Normal Business Hours. Any such higher rates shall be dependent upon prior agreement between the Company and the Customer.
4. PAYMENT
4.1 Payment must be made by credit/debit card or cash prior to or upon the delivery of the Services by FixMyTechPembs.
4.2 FixMyTechPembs reserves the right to request a deposit prior to undertaking any Services or purchasing any parts.
4.3 The Customer agrees that payment for Services 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.
4.4 All payments made by the Customer to FixMyTechPembs shall be in pounds sterling (£) in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.
4.5 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. WARRANTIES
5.1 Unless specified, all parts supplied by FixMyTechPembs shall be new and covered by the Manufacturer's warranty, which is normally 12 months from date of purchase.
5.2 The warranty service (if any) will be that provided by the Product manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.
5.3 FixMyTechPembs may, at its discretion, offer support or maintenance services with respect to Products or Services.
5.4 The warranty of the manufacturer or their 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.
5.5 FixMyTechPembs provide a labour only 30 day warranty. If the same problem re-occurs within 30 days of the original reported repair the Company will only charge for any additional parts required. This does not extend to faults caused by software, Malware infection, user error or irresponsible behaviour. If the original reported fault was Malware related under no circumstances will FixMyTechPembs accept any liability for any re-infection.
6. TERMS OF SERVICE
6.1 The Customer shall be responsible for the prior back up of all data stored in the products to be repaired and shall remove any removable media, such as diskettes, CDs, DVDs or PC Cards before submitting the products for repair. If agreed upon FixMyTechPembs will undertake to back up any data the Customer requests prior to repairing the Computer(s); any such back up services shall be charged at the standard hourly rate.
6.2 FixMyTechPembs 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 FixMyTechPembs 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.
6.3 Onsite visits benefit from a No-Fix No-Fee policy if the Company is technically unable to resolve the original reported problem. If FixMyTechPembs are unable fix the reported problem on-site due to external dependencies such as faulty equipment, lack of internet service or lack of original disks or drivers, the Customer is liable to pay the minimum standard charge agreed at the time of booking. If at least one of the original problems reported by the Customer is fixed, the Customer is liable to pay the full price agreed at the time of booking.
6.4 Workshop repairs benefit from a No-Fix No-Fee policy if FixMyTechPembs is unable to fix the original reported problem. If a repair is possible by replacement of a faulty part or parts but the Customer does not agree to the replacement of the faulty part, FixMyTechPembs reserves the right to charge the Customer a diagnostic fee equivalent to the the minimum standard charge. If repair of the computer(s) is not possible by replacement of faulty part(s) and/or as a result of extensive damage to the equipment, and the computer is declared irrepairable by FixMyTechPembs, the No-Fix No-Fee policy will apply. Where several faults are reported by the Customer and at least one of the faults has been successfully repaired, the Customer is liable to pay the full amount agreed at the time of booking. No-Fix No-Fee does not apply to partially repaired computer(s).
6.5 The Customer must allow sufficient time and access to the computer to diagnose and fix computer problems (including return-to-base repair). If the Customer does not allow sufficient time before a diagnosis and/or repair can be made, the No-Fix No-Fee policy will not apply and the Customer will be billed at the standard hourly rate. It is at the Company's discretion whether or not a repair is possible. If the Customer decides not to proceed with a repair, they will be billed by the hour for time spent diagnosing the problem. If the technician is unable to find suitable replacement parts (in some cases, parts are no longer manufactured) and is therefore unable to complete a repair, a diagnostic fee equivalent to the the minimum standard charge may apply.
6.6 If FixMyTechPembs is unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, a diagnostic fee equivalent to the the minimum standard charge may apply to any computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s), if applicable. The return of the Customer's computer(s) will be subject to prior payment of diagnostics fee and carriage, if applicable. The Company may waive the diagnostics fee at their discretion.
6.7 Where no fault is found a diagnostic fee equivalent to the the minimum standard charge shall apply. FixMyTechPembs will run clean up software on the computer and supply the Customer with a full diagnostic report.
6.8 FixMyTechPembs will, if applicable, offer to install free software in order to increase the functionality and security of the computer(s). The acceptance of any such offer shall lie solely with the Customer and they will be responsible for registration and/or licensing of the software, if so required. Software installation shall be charged at the standard hourly rate. FixMyTechPembs does not guarantee that software which is free at the time of installation shall remain free of charge at a future date. If the Customer wishes the software removed at a future date FixMyTechPembs will do so at no extra cost.
6.9 If the Customer's computer develops a fault in the course of service delivery by FixMyTechPembs, on-site or off-site, the Customer agrees not to hold MFixMyTechPembs responsible for the fault. However, FixMyTechPembs will endeavour to remedy the problem at no cost to the Customer unless parts are required. In the event that parts are required, the Customer shall be liable for the full cost of the parts. FixMyTechPembs will not charge any mark-up in respect of parts ordered and supplied, other than where they have themselves been charged for administration costs, delivery costs, taxes, import duties or other costs. FixMyTechPembs may request that the Customer order any parts required for delivery to their own premises.
6.10 All computers repaired at FixMyTechPembs premises are checked for Malware and are free from infection before delivery to the Customer. FixMyTechPembs is not responsible for any Malware infections that occur after the Customer has received the computer(s).
6.11 All the Customer’s computers, once repaired or declared irreparable, must be re-delivered or collected within 14 days from the time the Customer is informed. If the Customer fails to collect the computer, or to agree a delivery date and time, the Company reserves the right to charge the Customer for storage at a rate of £3 a day, for a maximum of 8 weeks. The Customer must claim or collect the computer within 8 weeks, otherwise the computer will be recycled for parts and the Customer will lose ownership of the computer.
6.12 Where the Customer requires FixMyTechPembs to carry out any configuration or installation services FixMyTechPembs shall do so as subcontractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
6.13 FixMyTechPembs 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.
7. LIABILITY
7.1 FixMyTechPembs 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) not be liable for any loss of data or loss of revenue or profits or before, during or after services, even if FixMyTechPembs has been advised of the possibility of damages or loss to persons or property.
7.2 FixMyTechPembs's liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part shall be limited to the quoted price for the services.
7.3 The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, 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 FixMyTechPembs. The Customer agrees not to hold FixMyTechPembs 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, the liability of FixMyTechPembs shall be limited to providing the Customer with similar media or equipment of comparable price or capacity.
7.4 The maximum aggregate liability of FixMyTechPembs 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 FixMyTechPembs 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.
7.5 FixMyTechPembs shall not be liable to the Customer, whether in contract, tort, or otherwise 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.
7.6 Any advice or recommendations given to the Customer by FixMyTechPembs or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by FixMyTechPembs, is followed or acted upon entirely at the Customer's own risk and accordingly FixMyTechPembs shall not be liable for any such advice or recommendation which is not so confirmed.
7.7 FixMyTechPembs shall take all reasonable precautions to prevent damage to the Customers property. However the Company shall not he held liable for damage to systems or components caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion. While FixMyTechPembs will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold FixMyTechPembs responsible for any accidental damages to the equipment in its possession including surface scratches, deformations and cracks.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 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 FixMyTechPembs during the course of providing the Services shall vest in FixMyTechPembs 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 FixMyTechPembs.
8.2 The Customer will notify FixMyTechPembs immediately if it becomes aware of any illegal or unauthorised use of any of the Products or any of the Intellectual Property Rights in the Products and will assist FixMyTechPembs and/or its suppliers in taking all steps necessary to defend the owners' rights.
9. CONFIDENTIALITY
9.1 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.
10. VARIATIONS
10.1 FixMyTechPembs 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 FixMyTechPembs.
11. LAW
11.1 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.
12. ACT OF GOD
13.1 FixMyTechPembs shall not be held liable for loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.
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