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 Barnet PC Services (In2 Computing Ltd.) 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 Barnet PC Services (In2 Computing Ltd.) incorporating these terms and conditions and arising from the acceptance by Barnet PC Services (In2 Computing Ltd.) 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;
"Barnet PC Services" - means In2 Computing Ltd., Barnet PC Services or any such other business Barnet PC Services 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 Barnet PC Services from the Customer;
"Services" - means any configuration or installation services provided by Barnet PC Services 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 Barnet PC Services, 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;
"Off-site Repairs" any services delivered on Barnet PC Services 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 Barnet PC Services and accepted by Barnet PC Services 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 Barnet PC Services –verbally, by phone or in person or in writing including by email- shall be deemed acceptance of these terms and conditions.
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 and website 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 1 hour applies to any on-site visit. If the on-site visit takes longer than 1 hour, 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 1 hours if the on-site technician completes the job in 1h20 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.
4.1 Payment for parts and services must be made by credit/debit card or cash prior or upon the delivery of the services by Barnet PC Services.
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 Barnet PC Services 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 Barnet PC Services. Such credit terms shall be determined by Barnet PC Services 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 Barnet PC Services's account. Barnet PC Services reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to Barnet PC Services'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 10 days following the date of Barnet PC Services's invoice and Barnet PC Services 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 Barnet PC Services under the Contract have been paid. Barnet PC Services may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer.
4.7 All payments made by the Customer to Barnet PC Services shall be in pound sterling and paid during the collection of their equipment.
4.7.1 Business Customers: The time of payment shall be of the essence of the terms and conditions. If the Customer fails to make any payment on the due date in respect of any sum due under these Terms and Conditions then Barnet PC Services shall have the right to charge the Customer interest on any sum outstanding at the rate of 10% per annum above the base rate of Co-operative Bank PLC from the due date for payment until the date on which the payment is received.
4.8 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.
5.1 Barnet PC Services, 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 Barnet PC Services 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. However, Barnet PC Services shall deal with the manufacturer on behalf of the customer for a small fee.
5.3 Barnet PC Services may in its discretion offer support or maintenance services with respect to Products or services.
6. TERMS OF SERVICE
6.1 Barnet PC Services 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. It is customer's responsibility to have taken the backup of the required data. Barnet PC Services shall perform the backup service on request for additional fee.
6.2 If Barnet PC Services 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 Off-site Repairs benefit from free estimate on the original reported problem but where the reported problem is fixed while diagnosing the problem, the actual fee for the service has to be paid by the customer. 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 Barnet PC Services technicians, no-fix no-fee policy might apply as per Barnet PC Service's discretion. 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 Barnet PC Services is unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, a diagnostics fee of £40 + 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 Barnet PC Services on-site or off-site, Barnet PC Services will do its best to remedy the problem at no cost to customer(s) unless parts are required.
6.6 All computers repaired in Barnet PC Services workshops are not checked for viruses unless requested. Barnet PC Services shall perform the virus cleaning service for additional fee.
Barnet PC Services 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 + VAT 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 Barnet PC Services to carry out any configuration or installation services either for the Customer and /or the end-user, Barnet PC Services shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
6.9 Barnet PC Services 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.
7.1 Barnet PC Services 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 Barnet PC Services be liable for any loss of data or loss of revenue or profits or before, during or after services even if Barnet PC Services has been advised of the possibility of damages or loss to persons or property.
7.2 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. If there was any damage caused to the original media or equipment due to negligence of Barnet PC Services, the liability of Barnet PC Services shall be limited to providing the customer with similar media or equipment of comparable price or capacity.
7.4 Any advice or recommendations given to the Customer by Barnet PC Services or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Barnet PC Services, is followed or acted upon entirely at the Customer's own risk and accordingly Barnet PC Services shall not be liable for any such advice or recommendation which is not so confirmed.
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 Barnet PC Services during the course of providing the Services shall vest in Barnet PC Services 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 Barnet PC Services.
8.2 The Customer will notify Barnet PC Services 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 Barnet PC Services 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 Barnet PC Services or Barnet PC Services's suppliers may require.
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.
10.1 Barnet PC Services 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 Barnet PC Services.
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.
12.1 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.
If you have any complaints, please do not hesitate to contact us. We will try our best to solve the issue.
14. OTHER TERMS
Additional terms that applies during computer repair in the form of Claim Ticket which will have to be signed by the customer when we accept a computer for repair. Sample claim ticket can be found here.