PC Repair Leeds LTD – Terms and Conditions
PC Repair Leeds LTD (herein referred to as PCRL)
Terms & Conditions
Support Contract Work Only
1. SUPPORT CONTRACT WORK ONLY
1.1 Unlimited labour applies to the following only:
- General Maintenance
- Virus / Malware Attack
- Network Setup
- Replacement PC install
- Telephone / Remote / Onsite support
The Support contract does not include:
- Client office relocation
- Major PC Replacement (2 or more PC’s)
- Major works such as Server replacement
- Repeated Fault occurring after resolution advice given by PCRL
- Resolution of problems with non Microsoft / Mac software
- Support for Mobile / Portable phones or tablets or gaming devices
- All 3rd party (non Microsoft) software malfunctions / installations / amendments
- All devices running Windows XP
- Onsite visits for peripherals
1.2 Contractor Status
Nothing in this contract shall be construed as creating a contract of employment between the Client and the Contractor.
1.3 Force Majeure
Neither party shall be liable to the other party by reason of any failure or delay in performing its obligations under the agreement, which is due to fire, flood, Act of God, war, terrorism, riot, loss of power where there is no practicable means available to the party concerned to avoid such failure or delay.
In the event that the Contractor is unable to carry out the agreed contracted work, the Contractor will send a substitute or delegate to undertake the services to be provided, and the Contractor will be responsible for paying the substitute and for the quality of the substitute’s work.
1.5 Amending Terms and Conditions
1.5.1 The Contractor reserves the right to amend these Terms and Conditions in the following circumstances:
a) Where the requirements of the Client become materially different from those envisaged at the date of the contract;
b) Where significant software and / or hardware changes are introduced by manufacturers or suppliers;
c) Where any changes occur beyond the control of the Contractor including (without limitation) increased costs, overheads and expenses.
The Contractor will give written notice to the Client before any such changes are implemented and such changes will be deemed to be incorporated in this contract unless the Client notify the Contractor within 30 days. If the Client does not accept such changes, the Contractor reserves the right to terminate the contract forthwith.
1.5.2 If the requirements of the Client materially exceed those which could reasonably have been envisaged at the commencement of the contract then PCRL reserves the right to terminate the Support Contract on 7 days notice if satisfactory amended terms cannot be agreed by both parties.
1.5.3 Notices shall be in writing but may be given by email.
These Terms & Conditions apply to Support Contract Clients AND all other Clients.
2.1 PCRL does not offer credit unless separately agreed. Payment must be made at the time of completion of works, callout or telephone support. Business Credit Accounts will be limited to 5 working days. Late fees of £25.00 will be levied if payment is not received within this period. Payment should be made by cash, BACS or Cheque.
2.2 In the event of dissatisfaction of work carried out by PCRL, the Client must contact PCRL within 7 days, either by telephone or email. PCRL will rectify any issues relating to their work free of charge only if the invoice for services rendered has been satisfied in full.
2.3 PCRL will retain ownership of supplied parts / hardware until such time as payment is made in full. PCRL reserve the right to remove and or recover all parts / hardware in the event of outstanding payment.
3.1 Clients on PCRL contracts will receive included labour between the hours of 8.30am and 5.30pm, Monday through to Friday. Labour required at weekends, evenings or Bank Holidays is a chargeable service.
3.2 PCRL will provide service to new clients between the hours of 8.30am and 5.30pm, Monday through to Friday. PCRL reserves the right to charge additional labour fees, by agreement, for additional support provided outside of these hours.
3.3 In the event the Client requires emergency assistance outside the hours covered by contract, then the hourly labour rate will be 2x the current hourly business rate.
3.4 Telephone requests for assistance, will be chargeable at the usual hourly rate if requested outside of the contract hours.
4. USE OF CLIENT’S PREMISES
4.1 Where the services are performed on the Client’s premises, the Contractor shall have use of the Client’s premises, without charge as a licensee and shall vacate those premises on completion or earlier termination of the contract.
4.2 Whilst on the Client’s premises all Contractor staff shall comply with such rules and regulations as may be in force in respect of work on the Client’s premises.
4.3 The Client should ensure that all computer related equipment have power surge protection, adequate to the required power drain. Such power surge protection should be clearly marked. Hardware faults arising due to a lack of such protection are not covered by the support contract and repairs are chargeable at the usual hourly rate.
5. RIGHT OF ACCESS TO CLIENT’S PREMISES
5.1 Where the services are to be performed on the Client’s premises, the Client shall grant the Contractor reasonable access to the site.
6.1 PCRL contracts are designed for the purpose of responding and resolving naturally occurring faults and software issues. PCRL contracts do not cover malicious damage or intervention by staff to either the software or hardware. If it is found that a hardware or software fault has occurred due to a Client’s staff member acting without prior authorisation from either the Client or PCRL, then labour will be charged at the current rate to remedy the fault.
6.2 Where possible, PCRL will restrict access to Client workstations in the interest of minimising software corruption or virus penetration. The Client accepts this procedure: however if the Client wishes to allow full administrator access to a pc / workstation, then in the event of user damage to software, clause 5 will be instigated.
6.3 Where a server or pc acting as a server is used, PCRL will restrict access to the Client and staff. This is to ensure security and stability of the software. Damage to the software caused by access to the server, not authorised by PCRL, will result in a labour repair charge.
6.4 Due to the complexities of modern pc software and operating systems, PCRL is unable to provide any guarantee against software corruption. PCRL offers a 12 months warranty on new parts. This warranty does not apply where failure is due to misuse by the customer. New parts, which fail, will be replaced with the nearest equivalent. Labour on replacing parts will be waived. If the operating system or any software is required to be re-installed after part replacement, our standard charges for labour applicable at the time will be charged.
7.1 In order to ensure accurate and prompt communications, PCRL may request that ONE point of contact is established within a Client’s organization. PCRL reserves the right to refuse requests made via non authorised contacts.
7.2 Support requests can be made by support ticket or in the case of an urgent issue, by phone. Support requests submitted by SMS are not deemed as a compliant form of media.
8.1 When a computer is formatted, ALL DATA will be removed. It is the responsibility of the Client to ensure that any important data is BACKED UP prior to commencement of work by PCRL. If required PCRL will attempt to save required data but without accepting any liability or giving any warranty of success. PCRL reserves the right to charge for this service. To this end, the Client agrees that PCRL is neither responsible nor liable for any loss of personal data. Licensed software such as Microsoft or Adobe cannot be reinstalled unless the Client provides a licence and the original software disks.
8.2 Whilst conducting a repair, PCRL may view images and documents on different forms of media belonging to the Client. If any such images or documents are found to contain criminal actions or intent, PCRL will inform the Police without notice to the Client. PCRL will not accept liability for any loss to the Client, due to these actions. This clause is to satisfy the provisions of the Data Protection Act.
8.3 Parts required for replacement, renewal or in relation to new pc build must be paid for at the time of order. Work will not be carried out until such time as payment is made.
9.1 Unless the Client agrees to a monthly monitoring charge, any backup or scanning software installed by PCRL, will not be monitored.
10.1 All contract Clients should have an anti-virus (PAYABLE EDITION) installed on all pc’s. In the unlikely event of a virus infection on a pc, labour will be charged, at the standard rate, to remedy the infection if an anti-virus (PAYABLE EDITION) is not installed.
10.2 PCRL is neither responsible nor liable for the installation of software other than Microsoft Windows & Apple Mac operating systems. 3rd party software installations and data recovery are the responsibility of the Client (unless agreed by PCRL) and all such issues should be directed to the individual software company.
Both parties agree that it may be necessary to obtain information from the other that is of a confidential nature.
Both parties agree that they shall keep all Confidential Information confidential and use such Confidential Information relating to the other solely for the purpose of carrying out their obligations under this contract.
The Contractor agrees that it shall ensure that it shall only pass Confidential Information relating to the Client to the Contractor’s employees / associates who need to know such Confidential Information and shall ensure that they comply with the obligations of confidentiality set out in this clause.
12. DATA PROTECTION
The Contractor shall comply with the appropriate provisions of all relevant data protection and GDPR legislation.
Neither the Contractor nor the Client shall unlawfully discriminate within the meaning and scope of all relevant legislation relating to discrimination.
14. HEALTH AND SAFETY
The Contractor shall promptly notify the Client of any health and safety issues, which may arise in connection with the performance of the services.
The Client shall promptly notify the Contractor of any health and safety issues which may exist or arise at the Client’s premises and which may affect the Contractor in performance of the services.
15. GOVERNING LAW
This agreement will be governed by and interpreted in accordance with the laws of England and Wales.
PC Repair Leeds Limited. The registered address is Meanwood Close, Leeds LS7 2JL
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