Effective date: 28th November, 2018
BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of computer servicing and repairs provided by Teroldi Limited trading as Your PC Guru (“YPG”) to customers who require computer servicing and repairs to be provided at their home.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
This contract sets out:
your legal rights and responsibilities
our legal rights and responsibilities, and
certain key information required by law
Please read the following important terms and conditions before you agree to use our services.
1. Definitions, interpretation and introduction
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Agreed Date means the date on which the provision of the Services will commence as agreed by the Parties;
Agreed Times means the times which you agree for YPG to have access to the Property to complete the Job;
Agreement means the contract into which You and YPG will enter if You accept the Quotation. The Agreement will incorporate and be subject to these Terms and Conditions;
Business means any business, trade, craft or profession carried on by You or any other person/organisation;
Consumer means a “consumer” as defined by the Consumer Rights Act 2015 and in relation to these Terms and Conditions means an individual customer of YPG who receives the Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
Final Fee means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions;
Job means the complete provision of the Services;
Order means Your initial request for YPG to provide the Services as set out in Clause 3;
Products means the products required (including any Software) to provide the Services which YPG shall procure and supply (unless otherwise agreed);
Property means Your home, as detailed in the Order at which the Job is to take place;
Quotation means a quotation detailing proposed fees and services (including the Deposit and Final Fee) supplied to You in accordance with Clause 2 of these Terms and Conditions;
Quoted Fee means the Fee which will be quoted to you following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
Services means the services provided by YPG as detailed in Clause 5 of these Terms and Conditions;
Software means any and all programs, applications, instructions or similar that may from time to time be installed on Your computer systems;
YPG/We/Us/Our means Teroldi Limited trading as Your PC Guru;
Visits means any occasion, scheduled or otherwise on which YPG visit the Property to provide the Services;
You/Your means a Consumer who is a Customer of YPG.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.5 Words signifying the singular number will include the plural and vice versa. References to gender will include the other gender and references to persons, unless the context otherwise requires, will include corporations.
2. Information about YPG, communication and contact details
2.1 YPG is a company registered in England and Wales under company number 05493706. YPG’s registered office is at 42 Gloucester Road, Rudgeway, Bristol, BS35 3RT
2.2 If You wish to contact YPG, You may contact Us by:
2.2.1 telephone at 01454 616365. Calls will be answered Monday to Friday: 9.30am to 5.30pm; and
2.2.2 email: support@yourpcguru.co.uk. Emails will be responded to Monday to Friday: 9am to 5.30pm.
3. Orders
3.1 We accept orders for the Services through telephone or email.
3.2 When placing an Order, You should set out in detail the Services required.
3.3 Once in receipt of the Order YPG will provide to You a Quotation either by email or text message or telephone which shall set out the Quoted Fee, detailed in Clause 4.
3.4 You shall be free to make changes to the Order and Quotation prior to acceptance. You may accept the Quotation by telephone, email or first-class post.
3.5 Any Quotation given by YPG shall not constitute an offer and is only valid for a period of 30 days from its date of issue.
4. Payment and invoices
4.1 At the discretion of YPG, YPG may require You to pay a Deposit within [7] days of you accepting the Quotation. The Deposit shall be [50]% of the Quoted Fee. Where a Deposit is required, Orders shall not be deemed confirmed until the Deposit is paid in full. Subject to the provisions of Clauses 8 and 9, the Deposit shall be non-refundable.
4.2 The Quoted Fee shall include the price payable for the Services and for the estimated Products required to render the Services.
4.3 YPG shall use all reasonable endeavours to use only the Products (and quantities thereof) set out in the Quotation and the Agreement; however if additional Products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.
4.4 In the event that the prices of Products or services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, YPG shall inform the Customer of such increase and of any difference in the Final Fee.
4.5 YPG shall invoice the Customer when the provision of the Services is complete. All invoices must be paid within 14 days of receipt by you of the invoice.
4.6 We accept payment by cash, cheque, credit/debit card & bank transfer.
4.7 If You fail to make payment of any invoice submitted to You by YPG by the due date, YPG may charge you interest on the overdue sum at the rate of 3% above the base rate of Lloyds Bank. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
5 Services
5.1 We will provide the Services in accordance with the specification set out in the Quotation (as may be amended by agreement between You and Us from time to time).
5.2 We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard.
5.3 YPG will, use reasonable endeavours to maintain the functionality of any Software which may be installed or otherwise operative on the Your computer systems and will where possible re-install any Software which may have been corrupted or otherwise made unavailable due to hardware failure and to render such technical assistance as may be necessary to secure the satisfactory operation of Your computer systems and Software.
5.4 YPG will not guarantee the performance of any Software which YPG has undertaken to re-install under clause 5.3.
5.5 YPG will not install any Software unless YPG can be satisfied that it is licensed for the computer in question. YPG will not carry out any maintenance or other work if any Software is believed or suspected to be counterfeit or otherwise unlawful.
5.6 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions or under the Agreement.
6. Your obligations
6.1 You shall:
6.1.1 allow YPG access to Your computer, its systems and all relevant Software for investigation purposes;
6.1.2 provide adequate working space and facilities for YPG’s staff; and
6.1.3 co-operate with them in the diagnosis of any defect or malfunction in the computer, its system or Software.
6.2 You shall allow YPG the use of any computers, computer systems, peripherals or other hardware necessary to enable it to provide the Services.
6.3 You will make freely available to YPG all documentation associated with the computer equipment, working documents, original Software installation media, current data backups, and any other relevant hardware for the efficient maintenance of the computer, computer systems and the Software.
6.4 You shall where possible undertake a data backup prior to the Services commencing so as to minimise any potential data loss and to ensure that these are made available to YPG as required.
6.5 You shall take all reasonable precautions to ensure the safety and health of the YPG’s personnel while such personnel are at the Property.
6.6 You must give YPG at least 24 hours’ notice if YPG will be unable to provide the Services on a particular day or at a particular time. YPG will not invoice for cancelled Visits provided such notice is given. If less than 24 hours’ notice is given YPG shall invoice You at its normal rate.
7 Dispute Resolution
7.1 We will try to resolve any disputes with you quickly and efficiently.
7.2 If you are unhappy with the Services, YPG generally, invoices or any other matter, please contact YPG by telephone or email as soon as possible. We will deal with all complaints as quickly and as efficiently as possible. Please provide us with sufficient information as to the nature of the complaint.
7.3 Within seven days of notification of a dispute the parties shall meet to discuss the dispute and attempt to resolve it.
7.4 If the dispute has not been resolved within 7 days of the first meeting, then the parties may either:
7.4.1 agree to terminate this Agreement in accordance with Clause 9; or
7.4.2 attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution “ADR” procedure.
8 Cancellation in the Cooling Off Period
8.1 Where the contract is not made “on Our premises” You have the right to cancel this contract within 14 days of signing these Terms and Conditions without giving reason. The cancellation period will expire 14 days after the date you signed these Terms and Conditions. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
8.2 If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you except where we have started carrying out the Services. If we have agreed to commence the Services within the 14-day cancellation period, you acknowledge and agree to the following:
8.2.1 if the Job is completed within the 14-day cooling off period You will lose the right to cancel once the Job is completed;
8.2.2 if You cancel the Job after provision of the Services has begun You will be required to pay for the Services supplied up until the point at which You inform Us of Your wish to cancel;
8.2.3 the amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have been paid for the Services will be refunded subject to deductions calculated on this basis.
8.3 YPG will process any refund within 14 days.
9 Cancellation after the Cooling Off Period
9.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. Subject to the provisions of clause 8, the following shall apply to cancellation or rescheduling:
9.1.1 If the Customer cancels the Job more than [28 days] before the Agreed Date YPG shall issue a full refund of all sums paid, including the Deposit.
9.1.2 If the Customer cancels the Job less than [28 days] but more than [14 days] before the Agreed Date YPG shall refund any sums paid less the Deposit.
9.1.3 If the Customer cancels the Job less than [14 days] before the Agreed Date YPG shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
9.1.4 YPG may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit as soon as is reasonably possible, and in any event within 14 days of termination.
10 Termination
10.1 You may terminate the Agreement with immediate effect by giving Us written notice if:
10.1.1 We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
10.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
10.1.3 We are unable to provide the Services due to an event outside of Our control (see Clause 11).
10.2 We may terminate the Agreement with immediate effect by giving You written notice if:
10.2.1 You fail to make a payment on time as required under Clause 4 (this does not affect Our right to charge interest on overdue sums under sub-Clause 4.7);
10.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
10.2.3 We have been unable to provide the Services due to an event outside of Our control (see Clause 11).
10.3 For the purposes of this Clause 10 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
10.4 If at the termination date:
10.4.1 You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 days of the termination notice;
10.4.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4.
10.5 If the Agreement is terminated for any reason:
10.5.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
10.5.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
11 Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the 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, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform You as soon as is reasonably possible;
11.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of the Services as necessary;
11.2.4 You or We may terminate the Agreement (see Clause 10).
12 Liability
12.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
12.2 Subject to the requirements of clause 6.4, where data is lost during the course of our repair, maintenance or installation work, we will take reasonable attempts to recover the same YPG will however not be liable for any loss of or damage to data.
12.3 If equipment is damaged or lost and YPG are responsible for that damage or loss, YPG’s liability will be limited to the cost of a replacement.
12.4 We will maintain suitable and valid insurance including public liability insurance. YPG is responsible for insuring the Services, You will be responsible for insuring the Property.
12.5 YPG’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or of the Agreement shall be limited to the value of the Final Fee.
12.6 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
12.7 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
12.8 Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13 Other Important Terms
13.1.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
13.1.2 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
13.1.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
13.1.4 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
13.1.5 If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
13.1.6 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
13.1.7 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
13.1.8 Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.