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TERMS AND CONDITIONS OF SERVICE
© 2006
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 computerdoctor.co.uk and its associate
partners as defined herein. (PLEASE NOTE that computerdoctor.co.uk IS NOT associated with computerdoctor.co.uk.)
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 The
Computer Doctor incorporating these terms and conditions and
arising from the acceptance by computerdoctor.co.uk 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; "computerdoctor.co.uk" means computerdoctor.co.uk,
LaptopComputerService, OnCall
ComputerDoctor,
DataRecoveryDoctor, Network Doctor, IT Consulting House,
Joseph Naghdi or any such other business computerdoctor.co.uk may
appoint as sub-contractor to provide the Services to the
Customer; "Intellectual Property Rights" means copyright,
patent, trademark, service marks, registered designs,
sui generis
rights, 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 order for Products, or Products and Services, received
by computerdoctor.co.uk from the Customer; "Services" means any
configuration or installation services provided by The Computer
Doctor 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 The
Computer Doctor, whether embodied in ROM, RAM,
firmware or on disk, tape or other
media. "Confidential Information" 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; "Price" 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" 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" the Buyer's purchase order for the Products
or Services; “Specifications" any plans, drawings, data or
other information relating to the Products; “On-site visits” any
services delivered at the Customer’s premises; “Workshop
Repairs” any services delivered on computerdoctor.co.uk premises;
“Data Recovery” 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 computerdoctor.co.uk
and accepted by computerdoctor.co.uk 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 The
Computer Doctor –verbally, by phone or in person or in writing
including by email- shall be deemed acceptance of these terms
and conditions.
3. Price
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 and VAT
and/or carriage will be added to the agreed price if applicable.
Cost of parts required to carry out a successful repair will be
extra and are not included in the labour charge quoted. A
minimum standard charge for 2 hours applies to any on-site
visit. If the on-site visit takes longer than 2 hours, the
customer will be charged for the extra hours of labour. A quote
for the extra hour(s) will be given to the customer at the time
of booking. As an example, the customer is charged for 3 hours
if the on-site technician completes the job in 2h20 minutes but
the customer can ask the technician to stay for the full length
of the extra hour to carry out training or any other
computer-related work if necessary.
4. Payment
4.1 Payment for parts and services must be made by credit/debit
card or cash prior or upon the delivery of the services by The
Computer Doctor.
4.2. The customer agrees that 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 computerdoctor.co.uk may at its discretion offer credit terms
to the Customer subject to the status of the Customer and
completion by the Customer of a credit application form supplied
by computerdoctor.co.uk. Such credit
terms shall be determined by computerdoctor.co.uk 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 should allow at least three (3) Business
Days for the payment to be credited to computerdoctor.co.uk's
account. computerdoctor.co.uk reserves the right not to release
any Products or provide any Services until all such payments are
cleared and credited to computerdoctor.co.uk'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 computerdoctor.co.uk's
invoice and computerdoctor.co.uk reserves the right to suspend
deliveries 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 computerdoctor.co.uk under the Contract have been paid.
computerdoctor.co.uk 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 The
Computer Doctor may:
(1) 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 Lloyds TSB Bank plc Base Rate for the time
being in force.
4.8 All payments made by the Customer to computerdoctor.co.uk
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. Warranties
5.1 computerdoctor.co.uk, 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 computerdoctor.co.uk under an agreement with the
manufacturer or supplier of the relevant Product.
5.2 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.
5.3 computerdoctor.co.uk may in its discretion offer support or
maintenance services with respect to Products or services.
5.4 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.
6. Terms of Service
6.1 computerdoctor.co.uk 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 The
Computer Doctor 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
engineer is technically unable to resolve the reported problem.
If computerdoctor.co.uk technician(s) can't fix the problem
on-site due to external dependencies such as faulty equipment or
no internet service by BT or any other Internet Service Provider
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 by the on-site technician, the customer is
liable to pay the full price agreed at the time of booking.
6.3 Workshop repairs benefit from a no-fix no-fee policy if The
Computer Doctor is unable to fix the original reported problem
but where the fix is possible by replacement of a faulty part or
parts and the customer does not agree to the replacement of the
faulty part, computerdoctor.co.uk reserves the right to charge
the Customer a diagnostic fee of £55 + VAT. If the fix of the
computer(s) is not possible by replacement of the faulty part(s)
and/or as a result of extensive damage to the equipment, it is
declared irreparable by computerdoctor.co.uk technicians, 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).
6.4 If computerdoctor.co.uk is unable to repair the computer(s)
due to non-supply of parts by manufacturers or suppliers, a
diagnostics fee of £55 + VAT 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. We may
waive the diagnostics fee at our discretion.
6.5 If the customer's computer develops a fault in the course of
service delivery by computerdoctor.co.uk on-site or off-site, the
customer agrees not to hold computerdoctor.co.uk responsible for
the fault. However, computerdoctor.co.uk will do its best to
remedy the problem at no cost to customer(s) unless parts are
required.
6.6 All computers repaired in computerdoctor.co.uk workshops are
checked for viruses and are free from viruses before delivery to
the customer. computerdoctor.co.uk is not responsible for any
virus infections that occur after the customer has received the
computer(s). A charge will apply for the removal of any
virus(es) in the computer(s) after the delivery of the
computer(s).
6.7 All the customer’s computers once repaired or declared
irreparable, must be collected within 14 days from the time the
customer is informed. If the customer fails to collect the
repaired or unrepaired computer, we reserve the right to charge
the customer for storage at a rate of £3 a day until the passage
of 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.
6.8 Where the Customer requires computerdoctor.co.uk to carry out
any configuration or installation services either for the
Customer and /or the end-user, computerdoctor.co.uk shall do so
as sub-contractor to the Customer and this agreement and the
terms contained herein shall constitute
the sub-contract.
6.9 computerdoctor.co.uk 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 computerdoctor.co.uk 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 The
Computer Doctor be liable for any loss of data or loss of
revenue or profits or before, during or after services even if
computerdoctor.co.uk has been advised of the possibility of
damages or loss to persons or property.
7.2 computerdoctor.co.uk’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.
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 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 computerdoctor.co.uk. The customer agrees
not to hold computerdoctor.co.uk 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 The
Computer Doctor shall be limited to providing the customer with
similar media or equipment of comparable price or capacity.
7.4 The maximum aggregate liability of computerdoctor.co.uk 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 computerdoctor.co.uk
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 computerdoctor.co.uk shall not be liable to the Customer
whether in contract, tort or otherwise and even if foreseeable
by or in the contemplation of computerdoctor.co.uk 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 The
Computer Doctor or its employees or agents as to storage,
application, use or preference of the goods which is not
confirmed in writing by computerdoctor.co.uk,
is followed or acted upon entirely at the Customer's own risk
and accordingly computerdoctor.co.uk shall not be liable for any
such advice or recommendation which is not so confirmed.
7.7 While computerdoctor.co.uk will make every effort to preserve
the integrity of any equipment under repair, the Customer agrees
not to hold computerdoctor.co.uk responsible for any accidental
damages to the equipment in its possession including but not
limited to 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 The
Computer Doctor during the course of providing the Services
shall vest in computerdoctor.co.uk 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 computerdoctor.co.uk.
8.2 The Customer will notify computerdoctor.co.uk 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 The
Computer Doctor and/or its suppliers in taking all steps
necessary to defend the owners' rights.
8.3 The Customer undertakes to ensure that any Software which is
sold to end-users or any other third party will be accompanied
by any Licence Agreement (whether
shrink-wrap or otherwise) relating to that Software and any
other documentation which computerdoctor.co.uk or The Computer
Doctor's suppliers may require.
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 computerdoctor.co.uk 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 computerdoctor.co.uk.
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. Waiver
12.1 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. |
