SOUTHERN PC SERVICES TERMS & CONDITIONS
Legal Agreement – By using the services of Southern PC Services (“our” and “we”), the Customer (“you”) agree to the following Terms and Conditions:
Application and entire agreement
- These Terms and Conditions will apply to the provision of services and supply of goods as detailed in our quotation.
- These Terms and Conditions will be deemed to have been accepted by you when you impliedly or expressly accept them or from the date of completion of the work and/or supply of the goods (whichever event happens earliest), and will constitute the entire agreement between us and you.
- You acknowledge that by your use of our services you are authorising us to access and control your computer for the purposes of computer diagnosis, service and repair.
- In connection with delivering the services, we may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby give permission to us to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
- As part of the repair process, it may sometimes be necessary to re-format the computer’s internal or external hard disc drive(s) and/or to re-install the Microsoft Windows® or Apple operating system (or similar). Both these procedures are carried out only as a last resort and after we have attempted all other means of repair. All data, regarded by you as either required, important and/or critical, should be backed up (saved to another hard disc drive or to removable media, for example, a portable backup disk or DVD-R disc) prior to any such re-installation of software such as Microsoft Windows®, or the re-formatting of your computer’s internal or external hard disc drive(s). Re-formatting of the hard disc drive(s) means that all data will have been erased. The computer will have been returned to “Factory Settings” after re-installing Microsoft Windows® in other words, to the state it was in when it left the manufacturing facility. The backed up data can then be re-installed on the computer. Computer data can be lost for a number of reasons: for example, problems affecting the computer’s internal or external hard disc drive(s), by a virus or spyware infection, corruption of data files and/or folders. The only effective safeguard against the risks associated with loss of data is to maintain a regular and systematic backup procedure. We will be pleased to advise on this.
- For us, the protection of a customer’s personal or business data is a matter of course. Personal data contained on, or transferred from, PCs, terminals and hard drives or disks shall, at all times, be processed fairly and lawfully and anonymised. With the exception of a customer’s personal contact details and the details of all transactions with us, all other data, however sourced and necessarily held on our computers or external hard drives or disks during the execution of the works, shall be deleted, using a secure format, on completion of the works. We are careful to protect personal data and the details of any transactions a customer makes with us over the Internet.
- All hardware repairs and services, but specifically excluding software services, are supplied with a 3 month warranty (unless otherwise stated) and all warranty repairs are subject to the manufacturer’s terms and conditions. Any computer or other hardware left with us and not collected within 60 days after completion of the works (or if we ask you to collect the items for any other reason), shall be assumed to be permanently abandoned by you and will be disposed of without recourse to you. You will also be charged a storage charge of £50.00 and disposal charge of £50.00.
Work Carried Out By Southern PC Services
- We accept no liability in respect of any problem(s) we are unable to remedy due to factors beyond our control. These include (but are not limited to) the specification, age, or condition of your hardware or software, failure to provide appropriate software licenses, discs, drivers, lack of vendor support (for example where you have not kept up the relevant support subscriptions), lack of access to third party services, or any issues with your telecommunications and internet connection. We will take the utmost care when working on your computer but we cannot guarantee that our service will resolve your problem.
Retention of Title
- Where goods are purchased from Southern PC Services, legal title to such goods only passes to the Client once a complete and valid payment is made by the Client and received by Southern PC Services for those goods.
- All work must be paid in full upon completion of service. We also reserve the right to charge upfront for any materials/licenses etc. that will be required to complete the agreed work. If an amount remains unpaid 14 days after submission of our invoice, we reserve the right to charge late payment interest, late payment penalty costs and if we have to refer the matter to an external debt collection agency, we will charge reasonable collection costs as permitted by statute or case law.
- If you need to cancel a scheduled job, we request that at least 24 hours’ notice be given. Cancellation at short notice may incur an administration charge based on our prevailing hourly rates for time incurred. If you cancel an order where we have purchased materials for the assignment, you will be responsible for the costs of those materials together with an administration charge.
- Quotations are valid for 14 days from the time of issue. Please check your quotation for the exact period of validity. Any change to the scope of the work, including a change to any stated assumptions or customer dependencies, may result in the quotation being made invalid. In respect of goods, if our suppliers increase their costs without warning, we reserve the right to increase our price to you before delivery or completion of the work. We will inform you of that increase as soon as it is practicable. Quotations are also subject to product availability at the time of issue. Cost and timescales may be affected by stock levels held by us, or at the relevant third party supplier.
Changes to the Agreed Specification
- Southern PC Services reserve the right to make changes to the original specification but will endeavour to do our best to contact you to obtain your agreement before we make such changes.
Returns and Complaints Policy
- In the event of any dissatisfaction with the service provided by Southern PC Services, please contact us immediately to discuss the issues encountered. Within the scope of the originally agreed work we will always endeavour to come to a mutually satisfactory outcome in the event of any dissatisfaction with any service or goods provided. We are not responsible for any issues unrelated to the work completed by ourselves, or outside the scope of the agreed work.
- You warrant that you have the authority (including valid licenses, consents, permissions and rights to use) to grant any rights to Southern PC Services under these terms and conditions. Nothing in these terms and conditions affects either party’s rights in pre-existing Intellectual Property Rights. You shall own and retain all rights, title and interest in and to the Customer Data. Southern PC Services shall have no rights to access, use or modify that Customer Data except as necessary to perform the services, or as agreed in advance in writing with you.
Hardware Left with Southern PC Services
- Hardware left in our control is insured against fire, theft and damage. We are not liable for any further faults (including unreported faults) that arise during the period that the hardware is in our control. Due to the nature of the work, there is always some risk when working on upgrading/repairing PC hardware (testing and upgrading can stress components). We work following best practices to avoid placing any unnecessary risk to your hardware. By leaving the hardware with us you are confirming that you are happy to accept this liability. Once work is completed we request that you arrange collection as soon as possible. Failure to collect your hardware or to respond to our requests to collect it, may result in your hardware being disposed of. We will always wait at least 28 days before taking this course of action.
Your Indemnity to Southern PC Services
- You will indemnify and hold us harmless against all liabilities (including damages, expenses and legal fees), actions, proceedings, claims and demands and all alleged claims and demands howsoever arising, directly or indirectly, out or in consequence of effecting the repair. If no money is charged for our services, no contract or other duty exists between you and Southern PC Services.
Circumstances Beyond Our Control
- We will not be liable to you for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.
- No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- These Terms and Conditions and the contract between Southern PC Services and you shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract shall be subject to the exclusive jurisdiction of the English and Welsh courts and tribunals.