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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 The Computer Doctor 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 The Computer Doctor incorporating these terms
and conditions and arising from the acceptance by The Computer Doctor 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; "The Computer
Doctor" means The Computer Doctor, LaptopComputerService,
OnCall ComputerDoctor,
DataRecoveryDoctor, Network Doctor, IT
Consulting House, Joseph Naghdi or any such other business The Computer
Doctor 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 The Computer Doctor 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 Customers premises; Workshop Repairs any services
delivered on The Computer Doctor 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 The Computer Doctor and
accepted by The Computer Doctor 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 manufacturers
warranty.
4.3 The Computer Doctor 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 The Computer Doctor.
Such credit terms shall be determined by The Computer Doctor 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 The Computer Doctor's
account. The Computer Doctor reserves the right not to release any
Products or provide any Services until all such payments are cleared and
credited to The Computer Doctor'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 The Computer Doctor's invoice and
The Computer Doctor 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 The Computer Doctor
under the Contract have been paid. The Computer Doctor 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 The Computer Doctor 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 The Computer Doctor, 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 The Computer
Doctor 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 The Computer Doctor 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 The Computer Doctor 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 The Computer
Doctor 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, The Computer
Doctor 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 The Computer Doctor
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 The Computer Doctor 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 The Computer Doctor on-site or off-site, the customer agrees
not to hold The Computer Doctor responsible for the fault. However, The
Computer Doctor will do its best to remedy the problem at no cost to
customer(s) unless parts are required.
6.6 All computers repaired in The Computer Doctor workshops are checked
for viruses and are free from viruses before delivery to the customer.
The Computer Doctor 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 customers 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 The Computer Doctor to carry out any
configuration or installation services either for the Customer and /or
the end-user, The Computer Doctor shall do so as sub-contractor to the
Customer and this agreement and the terms contained herein shall
constitute the sub-contract.
6.9 The Computer Doctor 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 The Computer Doctor 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 The Computer Doctor has been advised of the possibility
of damages or loss to persons or property.
7.2 The Computer Doctors 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
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 The Computer Doctor. The customer
agrees not to hold The Computer Doctor 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 The Computer Doctor 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 The Computer Doctor 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 The Computer Doctor shall not be liable to the Customer whether in
contract, tort or otherwise and even if foreseeable by or in the
contemplation of The Computer Doctor 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 The
Computer Doctor, is followed or acted upon
entirely at the Customer's own risk and accordingly The Computer Doctor
shall not be liable for any such advice or recommendation which is not
so confirmed.
7.7 While The Computer Doctor will make every effort to preserve the
integrity of any equipment under repair, the Customer agrees not to hold
The Computer Doctor 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 The Computer
Doctor 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 The Computer Doctor.
8.2 The Customer will notify The Computer Doctor 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
The Computer Doctor 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 The Computer Doctor 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
The Computer Doctor.
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. |
