PC Pal Limited Standard Terms & Conditions

The following are terms of a legal agreement between you and PC Pal Limited. By engaging PC Pal Limited to do work, you acknowledge that you have read, understood, and agree to be bound by the terms below and to comply with all applicable laws and regulations. Section headings are provided to increase clarity and may be disregarded.

Definitions
In these Terms and Conditions,
“the Firm” means “PC Pal Limited” and
“the Customer” means the person who has placed the order or accepted the estimate or quote and/or the company or other body for whom it appears the work is being carried out.
"extensive works" shall be those of an expected cost in excess of £250 for a casual Customer or of above the credit limit of a contracted Customer.
"significant orders" shall be those of an expected cost in excess of £100 for a casual Customer or of above the credit limit of a contracted Customer.
Prices - All prices exclude VAT or other applicable taxes.

Scope
The Firm shall, at its option, be entitled to enforce these Terms and Conditions against any person or company or other body who is within the definition of “the Customer” set out above.

Estimates & Quotes
Any estimate or quote or other price given by the Firm is valid for a period of 7 (seven) days unless withdrawn by the Firm in the meantime.

Legal Rights
The Customer is the legal owner or authorised representative of the legal owner of the property and all data and components contained therein sent to The Firm. Any property left with The Firm unclaimed for 90 days, will be disposed of at which time The Firm shall have no liability to the Customer or any third party.

Title
Until the Customer has paid in full all sums due to the Firm, the property in any parts or equipment supplied or left at the premises shall remain with the Firm, notwithstanding that the same may have become joined to or mixed with other items and the Customer authorises the Firm or its servants or agents to enter or re-enter the premises (using force if necessary) to gain possession of the same without being liable for any loss or damage so occasioned.

Authorisation for work
The Customer authorises The Firm to conduct an evaluation of the machine(s) or locations to determine the nature of the work and provide an estimate of work cost and timing. No work beyond this evaluation will be charged without explicit Customer approval.
By agreeing to the work, you authorise us to begin the supply, diagnosis or repair of your equipment, which may include some system reconfiguration. You will be responsible for any charges incurred even if you decide later to cancel the work.

Readiness of site
In the event of on-site work the Customer warrants that its premises will be in a state and condition fit for the work to be carried out by the agreed commencement date and time and, if for any reason the Customer is in breach of this warranty, the Customer agrees forthwith to pay the Firm the sum of £90 per man hour for any time spent by the Firm in this behalf.
Examples (not exhaustive) of breach of this warranty by the Customer are:-
(a) construction of the Customer's premises insufficiently complete for it to be practicable for the Firm to commence the work;
(b) lack of an adequate power or broadband supply for the work to be carried out;
(c) presence of other trades carrying out work which would or might impede delay or obstruct commencement or completion of the work;
(d) failure of the Customer to facilitate access or adequate access to the premises or part or parts of the premises for the work to be carried out.

Cancellation
In the event of a purported cancellation of the agreement by the Customer less than 14 days before the commencement date for the work, the Customer shall be liable to pay to the Firm the costs of the work to be done less any deduction that the Firm in its absolute discretion might allow in writing. In the case of ongoing commitments, 30 days notice in writing is required.
Examples (not exhaustive) of ongoing commitments include support contracts, website hosting, mainenance agreements or rental agreements

Damage
If the work done by the Firm is damaged, destroyed, modified or otherwise interfered with by the Customer or by tradesmen engaged by the Customer then the Customer shall be liable to pay to the Firm the cost of remedying, replacing or repeating any work necessitated as a result.
The Firm accepts no responsibility for the quality or the efficacy of work carried out by it in circumstances where such quality or efficacy is depended or consequent upon the satisfactory performance of tasks by the Customer or other tradesman engaged by the Customer and the Firm shall not be liable for loss or other dissatisfaction arising from circumstances beyond its reasonable control.
The Firm accepts no responsibility for damage to or the cost of repair or reinstatement of the Customer's premises or part or part thereof in circumstances where such damage or need of repair could not be avoided despite the Firm having taken reasonable care.
The Firm shall not be liable for loss or damage caused to the Customer or other parties arising from the cessation or interruption of the supply of power, water or other services or utilities before or during the course of the work.

Unforeseen issues
If in order to carry out the work necessary or desirable for the Firm to employ or utilise parts, equipment or services the need for which was not reasonably apparent at the time of giving to the Customer the estimate or quotation then the Customer shall be liable to pay to the Firm any additional costs so arising.

Consents
The Firm shall be entitled to assume that before the commencement of any work the Customer has obtained any necessary consents for the work to be carried out required to be obtained from a Landlord or other person having an interest in the premises, public or local authority or body, owners or occupiers of neighbouring property or premises or otherwise as the circumstances might require.

Advice
Any advice or recommendation given by the Firm to the Customer or its employees or agents as to the storage, application or use of equipment installed which is not confirmed in writing by the Firm is followed or acted upon entirely at the Customer's own risk and, accordingly, the Firm shall not be liable for any such advice or recommendation which is not so confirmed.

Waivers
No waiver by the Firm of any breach of these terms and conditions by the Firm shall be considered the waiver of any subsequent breach of the same or any other provision.
 
Limited Liability
The Firm shall not be liable to the Customer as a result of a failure by the Firm to commence the works on the agreed commencement date or to complete the works by the estimated completion date unless previously notified by the Customer in writing beforehand that the Customer will suffer specific and specified losses in the event of a delayed start or a late finish.
The Firm shall not be liable to the Customer for breach of contract in the event of default by the Firm arising from unforeseen ill health or incapacity affecting the partners of or a partner in the Firm or its agents or employees.
If any sum due and payable by the Customer to the Firm remains unpaid by its due date (whether demanded or not), the Customer shall pay to the Firm interest on a daily basis for any unpaid sum at the rate currently prescribed by the Late Payments of Commercial Debts Act 1998, if applicable, or, if not applicable, at the Judgment Act rate.
The Firm shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will The Firm be liable for any damage to the laptop/desktop, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if The Firm has been advised of the possibility of damages or loss to persons or property. The Firm liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The Customer and The Firm agree that the sole and exclusive remedy for unsatisfactory work shall be, at The Firm option, additional attempts by The Firm to recover satisfactory data or refund of the amount paid by the Customer.
The Customer is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of The Firm, and assumes any and all known risks of injury and property damage that may results.

Confidentiality
The Firm agrees not to disclose any or all information or data files supplied with, stored on, or recovered from Customer's equipment except to employees or agents of The Firm subject to confidentiality agreements or as required by law.

Payment

Where a bill is appropriate, we charge a minimum of 1 billable hour. Where a collection and delivery has been made, we reserve the right to charge for that. For extensive works or significant orders, a deposit of 50% of the price of the work (or the cost of parts and / or software, in the Firm's sole discretion) shall be paid by the Customer to the Firm upon acceptance of the quote or estimate given. The balance shall be payable in full to the Firm upon completion of the work or at such later time as the Firm in its sole discretion might in writing agree. During the course of the work, the Customer shall make, after 30 days, a further payment of 25% of the price and, after 60 days, the remaining portion of the price and in the event of default by the Customer the firm may cease carrying out the work without prejudice to its right to the price less any payments already made.
Payment is due in full upon completion of successful repair, prior to release of the repaired machine, unless by special previous arrangement. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
The Customer is responsible for payment to the Firm of any additional charges arising from a request by the Customer to alter the agreement as to the commencement date, or the nature of the work, or the location of the work, or the specification of the work to be carried out, or the positioning of the items and / or the system to be installed, or otherwise as the circumstances might require.
We accept cash, guaranteed personal cheque. BACS or PayPal  transactions.

 
Warranty
The Firm offers a 30 day warranty on laptops/desktops that The Firm has repaired. The Firm makes no warranty on data, express or implied, and The Firm disclaims any data warranty of any kind. Parts and materials are covered by the manufacturer's warranty. This warranty does not cover the following: misuse of the system or any of its components or tampering with or attempted repairs by anyone other than an authorised technician acceptable to The Firm. The Firm is not responsible for issues caused by Virus, file corruption of the operating system, damage caused by the downloading of Adware-Spyware or other malicious programs onto a computer system.

No fix, no fee policy
Our no, fix no fee policy means that if the technician does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer.

If the technician is able to resolve the problem or affect the repair, but is only prevented from doing so by the customer requesting the technician not to proceed with the work, then the customer is charged for the technician's time spent to that point.

If the technician is able to resolve the problem or affect the repair, but is only prevented from doing so because the customer does not possess required software CD-Rom or Product Key, then the customer is charged for the technician's time spent to that point.

If the technician provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the technician's time spent to that point.

The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or similar.

Data Backup
Before handing over your computer to The Firm for service or repair, you are strongly encouraged to do a full backup of your data and system. The Firm shall under no circumstances be responsible for data loss or system failure. You are responsible for letting us know if there is data on your computer that you need recovered before we begin repairs. Unless specifically requested and provided as a paid service by The Firm, Customer is responsible for any backup, archiving, or protective storage as well as restoration, if required, of Customer's data.

Software Licensing
If it is necessary to reinstall your operating system, you will be responsible for providing the original disks and/or a Certificate of Authenticity prior to the reinstall. We cannot and will not install invalid, illegal or unlicensed operating systems or software.

Access
Customer grants The Firm, its agents and service representatives, access and permission to physically disassemble any and all computer systems, components, networks, and peripherals. Customer grants The Firm, its agents, and service representatives, permission to perform modification to Customer's property for the purpose of installing or troubleshooting computer and networking hardware. Customer grants The Firm, its agents and service representatives, permission to download and install software on Customer's computer. Customer grants The Firm, its agents and service representatives, permission to install hardware in Customer's computer.

Variation
No variation to these Terms and Conditions shall be binding unless agreed in writing between the Firm and the Customer.

Disputes
Any dispute or disagreement arising from these Terms and Conditions between the Firm and the Customer shall, if the Firm so elects, be resolved by arbitration or mediation.

Entire Agreement
These Terms and Conditions shall comprise the entire Agreement between the Firm and the Customer (save for any agreed alterations confirmed in writing as above) and no other representations or warranties, whether verbal or written, shall form part of the Agreement between the Firm and the Customer.

Enforcement and interpretation
The enforcement of and interpretation of these Terms and Conditions shall be governed by the Law of England and Wales and no person or body shall acquire any rights here under by reason of the Contract (Right of Third Parties) Act 2000 as it shall not apply herein.
If any provision of the Terms and Conditions is held by a Court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.