- Preamble. Subject to the terms and conditions of this Agreement, the person named on the Work Order (the ‘client’) hereby engages 1ComputerCare to perform the services set forth on the Work Order, and 1ComputerCare accepts such engagement. These Terms shall remain in effect for tasks undertaken on any equipment subsequent to Work Order completion, for repair of undisclosed faults, faults occasioned during transit and those arising during the course of agreed work, until cancelled by either party in writing with fourteen days' notice, and replace any previous similar agreement between the parties. By signing the Work Order the client is authorising work to be started immediately. If cancellation is exercised after work begins, a reasonable charge for work already done becomes payable.
- Trading status. 1ComputerCare is the trading name of Eugene Gardner, the sole proprietor of the business, who retains the right to assign or subcontract work to employees, associates or businesses at his sole discretion. The client shall not withhold taxes or any other stoppages with respect to 1ComputerCare’s fees.
- Auction sales. 1ComputerCare acts as an agent when buying or selling items for the client, and shall be indemnified against claims of warranty or unserviceability by the client. The client warrants that items offered for sale are owned by the client and their sale does not breach any law or regulation. Upon successful sale, 1ComputerCare will pay the client 80% of total receipts less costs incurred in listing, receiving payment, packing and posting the item. For each item which achieves in excess of one hundred pounds 90% of the balance will be payable to the client. A minimum fee of five pounds plus costs will be payable whether the item sells or not. The client authorizes 1ComputerCare to represent them in all matters relating to the sale. Once listed, auctions will run the full course. Although 1ComputerCare may be fully insured, the client understands that insurance coverage for all items is primarily provided by their own homeowner's insurance.
- Confidentiality. During the engagement, 1ComputerCare may become acquainted with usernames, passwords, personal information, trade secrets, customer lists, accounts and processes owned or licensed by the client or used in connection with the operation of their business. Such information will be treated as confidential except where otherwise required by law. 1ComputerCare may, but is not obligated to, retain a record of the client’s contact details, the engagement, backup files and the specifications of any equipment or software worked on, for its own use and as required by statutory authorities; such records will not be made available to third parties. The client will confirm all passwords, encryption keys, preferences & filters are as required when 1ComputerCare’s work is completed.
- Fees. In consideration of performance of the services described on the Work Order, the client will be invoiced and agrees to pay for time spent working on the engagement at the rate of forty pounds per hour for work principally undertaken at 1ComputerCare’s workshops or fifty pounds per hour, or part thereof, for work undertaken at the client’s premises. The words ‘fixed price’ noted on the Work Order, show the final price excluding disbursements, after discounts, irrespective of the amount of time taken to complete the tasks so listed. A minimum charge of one hour per task shall apply under all circumstances even if no fault is found. Appointments cancelled by the client with less than twenty-four hours’ notice are chargeable at the fixed rate of twenty pounds. Chargeable time outside 9am to 6pm Monday to Friday is billable at one and a half times the current rate, although as a concession, this is sometimes waived.
- Payments. For invoices settled in full within seven days of the invoice date, a prompt payment discount of ten percent of labour fees will be deductible. The invoice total becomes due on presentation or completion of all tasks listed on the Work Order, whichever occurs sooner. Any balance outstanding twenty-one days from the invoice date will incur compounded interest of two percent per week or part thereof. As a concession, the charges set forth above include travelling expenses not exceeding forty miles but not provision of hardware, software or other disbursements such as subcontractors’ payments. Travel exceeding forty miles is chargeable at the standard rate of forty pence per mile. Discounts, concessions, complimentary and waived items are offered without prejudice to the full amount becoming due on expiration of the prompt payment discount. Costs of debt recovery and interest accrued until judgment may be added to sums outstanding should enforcement become necessary. The client agrees to bring unsatisfactory work or supplied items to 1ComputerCare’s attention in writing within forty-eight hours of job completion. Where payment is made on-line (by credit or debit card), an additional three percent of the grand total will be payable.
- Licensing. The client confirms understanding the pertinent features of retail, academic & OEM licenses and authorizes activation, registration and license acceptance of hardware and software installed by or for the client at any location, and owns (or has the authority of the owner) all equipment which 1ComputerCare is engaged to work on. The client understands that services provided by 1ComputerCare may void product warranties relating to equipment and/or software and indemnifies 1ComputerCare against liability in respect of any such breach. The client authorizes 1ComputerCare to agree to Terms of products installed for the client.
- Tools.In order to resolve the issue(s) listed on the Work Order, 1ComputerCare may install software or hardware on the client’s computer. Such tools remain the property of 1ComputerCare. The client agrees to allow their removal and understands that using tools that remove malware may result in some programs or data not performing as expected or failing completely, and accepts that as a potentially necessary consequence of the problem resolution. Remote access (e.g. TeamViewer), CPU idle time consumption (e.g. Folding@home) and disk health monitoring programs may remain installed unless 1ComputerCare is asked to remove them.
- Utilities. The client will make available to 1ComputerCare such resources (e.g. documentation, peripherals, installation disks, registration codes or keys, passwords, account names, electricity supply, Internet connections & car parking space) as may be required for completion of the work, without charge. Time spent waiting for equipment to become available, software or data to upload, download, backup or install is billable at the above rate. Name labels may be adhered to computers.
- Goods. When supplying goods, 1ComputerCare acts as an agent of the client not a reseller and may price goods to include an agent’s fee. Title and ownership of supplied items passes on receipt of cleared payment. In case of dispute or warranty claim, 1ComputerCare will assist by liaising with suppliers but disclaims responsibility for any warranty offered by 1ComputerCare’s supplier, merchantability, shipping, performance or fitness for purpose. Where quoted components are not available as previously offered to 1ComputerCare, alternates of similar specification may be substituted. Advice pertaining to wireless and mains networking cannot be construed as a statement of functionality as connectivity varies with the topography of each property; hence, purchases are at the client’s risk. Items left with 1ComputerCare under any circumstances for two months becomes the property of 1ComputerCare unless a written claim is received and agreed in that period.
- Warranty. 1ComputerCare warrants that it will perform the services described on the Work Order with reasonable skill and care. A ‘No fix-No fee’ guarantee is offered, which means that 1ComputerCare will not charge for time spent beyond the first hour where an issue noted on the Work Order is unable to be substantially resolved, and will charge a reduced rate at 1ComputerCare’s discretion where only a partial solution is provided, subject to reasonable time being allowed for diagnosis and resolution, and acceptance of 1ComputerCare’s recommendations. This guarantee does not cover 1ComputerCare’s time when acting as an intermediary between the client and third parties, nor services provided or work undertaken by third parties, nor disbursements, nor fault diagnosis. It is the client’s only remedy in relation to warranty breaches by 1ComputerCare. All other perceived guarantees, advertising slogans and offers expressed or implied are merely invitations to discuss requirements.
- Loans. Any equipment lent to the client must be returned on request in the same state of repair as it was received. Any initially missing, malfunctioning or broken components will be noted on a signed receipt form prior to loan commencement. Repair of damage or loss however occasioned is chargeable to the client at current replacement rates for latest versions of no less function. Equipment hire is chargeable at the rate of three pounds per day or part thereof; where not invoiced, this is waived as a concession. The client should take reasonable care of the equipment and ensure it is used safely and according to common and reasonable practices.
- Backups. The client is responsible for taking and storing verified backup copies of all software and data on any equipment to be worked on by 1ComputerCare. Notwithstanding 1ComputerCare’s right to take precautionary backups, the client’s backups may be relied upon for use by 1ComputerCare as part of the resolution to the problem(s) described on the Work Order. The client will note on the Work Order, any programs or packages for which the original source installation disk and the registration codes are not available, before commencement of the work.
- No constraints (such as but not limited to, time, cost or compatibility) will be taken into account when completing tasks unless noted on the Work Order.
- Liability. 1ComputerCare will use its reasonable endeavours to resolve problems described on the Work Order, but shall not be liable for incidental, consequential, punitive or indirect damages, costs, expenses or other claims for compensation arising due to unserviceability of hardware or software; nor loss of sales, profit, business, data, depletion of goodwill, personal injury, failure to meet a duty or loss of privacy, wherever suffered, even if advised of the possibility, or if such damages were reasonably foreseeable, regardless of the form of action whether based on contract, tort (including negligence), strict or product liability, misrepresentation or otherwise. 1ComputerCare’s total aggregate liability for damages shall be limited to the fees received by 1ComputerCare excluding disbursements. All known damage and faults shall be noted on the Work Order even if no repair is required. Faults arising in transit and during the course of the agreed work shall be the client’s responsibility.
- Jurisdiction. This, together with the Work Order, constitutes the entire agreement between 1ComputerCare and the client. The laws of England shall govern its validity, terms and the interpretation of the rights and duties of the parties. Should any clause or sentence be found void or unenforceable, all others remain binding. Paragraph headings are for reference and do not form part of these Terms. These Terms are copyright protected.