UpSource Ltd Terms and Conditions

 
         
 

Terms and Conditions.

Any work undertaken by UpSource Ltd hereinafter called the ‘Company’ on behalf of residential or business customers, hereinafter called the ‘Client’ are subject to the following terms and conditions.

Part 1: Residential Services Terms and Conditions

Part 2: Business Services Terms and Conditions

Part 3: Estimate and Quotation Terms and Conditions.

Part 4: Payment Terms and Conditions

Part 5: Annual Service Agreements Terms and Conditions

 

PART 1: RESIDENTIAL SERVICES TERMS AND CONDITIONS

REPAIRS

  • The Company will provide emergency repairs on PC hardware at the request of new and existing Clients. Repair visits are charged on a half hourly basis covering labour only, and the cost of any component(s) required to rectify the issue are the responsibility of the Client and in addition to the labour charge.
  • The Client is responsible for the safekeeping of any software that is applicable to their systems, including hardware drivers, software applications, and recovery CDs that were delivered with their equipment or purchased separately. The Company accepts no liability for delays or losses caused by the discarding, damage or loss by the Client of OEM software that was supplied with their equipment, or any software that was purchased separately. In the event that the Client requires a driver or other software component from the manufacturer of the equipment, or requires an original CD of a software application from it’s publisher, the Client must meet any costs that are incurred for the replacement media.
  • Prior to the visit being performed, it is the responsibility of the Client to adequately describe the symptoms of the issue and the type of equipment affected. If an error message appears on screen, the Company recommend that the Client writes down the full message and passes it to the Company at the time that the issue is reported, as this will greatly assist the diagnosis of the problem.
  • The Company do not offer repairs on certain types of hardware (keyboards and mice, scanners, cameras or computer monitors) and the Company will not despatch an engineer to issues that are not covered. If the Company engineer arrives on site to discover that the issue is not repairable because it is not as described, the minimum labour fee is still chargeable to the Client (£60 for business Clients, £30 for residential Clients.)

TROUBLESHOOTING

  • The Company will provide emergency troubleshooting services on PC software at the request of new and existing Clients. Troubleshooting visits are charged on a half-hourly basis covering labour only, and the cost of any components required to rectify the issue are the responsibility of the Client in addition to the labour charge.
  • Prior to the visit being performed, it is the responsibility of the Client to adequately describe the symptoms of the issue and the type of equipment affected. If an error message appears on screen, the Company recommend that the Client writes down the full message and passes it to the Company at the time that the issue is reported, as this will greatly assist the diagnosis of the problem.
  • The Company do not offer troubleshooting services on certain software packages (for example Sage Line 50/100, games, entertainment software) and the Company will not despatch an engineer to issues that are not covered. If the Company engineer arrives on site to discover that the issue is not repairable because it is not as described, the minimum labour fee is still chargeable to the Client (£60 for business Clients, £30 for residential Clients.)
  • The Client is responsible for the safekeeping of any software that is applicable to their systems, including hardware drivers, software applications, and recovery CDs that were delivered with their equipment or purchased separately. The Company accepts no liability for delays or losses caused by the discarding, damage or loss by the Client of OEM software that was supplied with their equipment, or any software that was purchased separately. In the event that the Client requires a driver or other software component from the manufacturer of the equipment, or requires an original CD of a software application from it’s publisher, the Client must meet any costs that are incurred for the replacement media.
  • The software used for the detection and removal of spyware and adware by the Company removes all spyware and adware software and elements from the Client’s computer system. Removal of adware and spyware software may result in some programs becoming unusable, including but not limited to, peer-to-peer file sharing software, shareware and freeware programs, messaging software and programs downloaded from the internet. It is entirely the responsibility of the Client to ensure that no software on their system is reliant on spyware or adware elements prior to requesting removal of spyware and adware by the Company. The Company take no responsibility for any software application that fails to operate correctly after the removal of spyware or adware programs, and will not be required to correct any issues that may result or liable for any losses that may arise. Additionally, as many internet cookies that enable a user to automatically log in to a website may contain spyware element, the Company takes no responsibility for the loss of the ability to log into websites due to the removal of these cookies during the spyware and adware removal. It is the entirely the responsibility of the Client to ensure that they are aware of all usernames and passwords required to access internet websites prior to requesting adware and spyware removal, as the Company will not be required to restore access for the Client to any website as a result of the deletion of internet cookies by the spyware/adware removal software.

UPGRADES

  • The Company will perform upgrades on PC equipment, including hard disk, optical drives, component cards and computer memory. If the component has been bought by the Client without consulting the Company first, it is the responsibility of the Client to ensure that the component is compatible with their system. In the event that an upgrade cannot be performed because the component and system are incompatible, the Client will be required to pay the minimum labour charge of £30.
  • At the request of the Client, the Company will visit the Client and examine the system to be upgraded. The Company will analyse the system and advise the Client on suitable upgrades, their cost, and the cost including fitting by the Company. This service is available for residential customers for a set price of £20.

INSTALLATION

Basic Installation

  • The Company will only install a new computer system. No installation services are available for existing or second hand computer equipment.
  • It is the responsibility of the Client to ensure and any existing peripherals are fully compatible with the new computer’s operating system, and that they have the relevant drivers for the peripheral for the operating system of the new computer. The Company may not be able to connect existing peripherals to a new computer system if the peripheral is not 100% compatible, or if the Client does not have the correct driver for the peripheral.

Premium Installation

Terms and conditions of the Basic Installation apply, and in addition:

  • The Client must have the correct username and password for their Internet and email accounts, and – in the case of dial-up accounts - must know the correct telephone number for the ISP.
  • If the ISP has a software CD that is used to set up the account, it is the responsibility of the Client to ensure that this CD is available at the time of the installation visit.
  • The Company will only install legitimate retail software applications on the new PC. The Company will not install OEM software for the old computer on the new machine, or any software contained on CD-Rs or CD-RW. The Company will also not install games or entertainment software on the new PC unless the software is required to enable a peripheral to operate (e.g. Adobe Photoshop that was supplied with the Client’s digital camera)

Data Transfer Installation

Terms and conditions of the Premium Installation apply, and in addition:

  • Data transfer is only performed using a standard network cable. The Company will not use other methods (for example writing to tape, CD or DVD, USB flash drives, etc) to transfer data between computers.
  • The new computer must have an Ethernet port to enable data to be transferred. The Company will NOT install a network card in the new computer under any circumstances.
  • The Company may install a network card in the old machine to enable data transfer if none is present. If the Company install a network card in the old machine for the purposes of data transfer, the card will be removed after the transfer has been completed.
  • All data will be transferred to a folder on the new computer called ‘Transferred Data’ to prevent files and folders on the new computer being overwritten by the data from the old computer. It is the responsibility of the Client to distribute the data to their desired locations after the transfer has been completed.
  • It is the responsibility of the Client to ensure that their old data files are compatible with their new computer and software. The Company has no liability for data from the old computer that is incompatible with the new computer or it’s software.
  • The Client must ensure that the old computer is free of viruses and malicious software prior to the data transfer. The Company takes no liability for any malicious software or virus that is transferred from the old computer to the new one, or any resulting losses that may arise from an infection caused by transferring data from the old computer to the new one.

Wireless Network Installation.

  • The Company will install wireless network access points and configure them for secure access, unless the Client requests them to be configured as open connections. The Company will also install and/or configure any wireless network adapters in the machines that are required to be connected to the wireless network. Any equipment supplied by the Company in the creation of the wireless network, e.g. access points, wireless adapters, repeaters, etc, are covered for 12 months against faulty components and workmanship in the manufacturing process.
  • Once the equipment has been tested and the wireless connectivity is confirmed as working, it is the responsibility of the Client to ensure that the equipment and software is adequately maintained to ensure continued connectivity and network security. Any visits required to troubleshoot, reconfigure or reinstall any hardware or software part of the wireless network system will be chargeable at the standard troubleshooting rates, and any work performed will be covered by the terms and conditions as stated in the troubleshooting section of this document.

INTERNET

Both Dial-Up and Broadband services are covered by the following terms and conditions.

  • Any advice and/or recommendation provided has the Company assurance of being 100% independent and impartial, and every effort will be made by the Company to ensure that the information provided is the best option available. The Company cannot be held at fault if another supplier, unknown to the Company, has a better option than the one recommended by the Company.

Installation of equipment.

  • The Company will install and configure any hardware and/or software required for an internet connection to be established. If the installation requires a component card, for example a modem or network card, to be fitted to the machine, this will be considered an Upgrade of the machine, and the terms and conditions listed in the Upgrade section of this document will apply.
  • If external hardware is required, for example an external modem, router or firewall, ensuring that the new hardware is compatible with existing systems is entirely the responsibility of the Client. At the request of the Client, and for a mutually agreed fee, the Company may offer advice on the correct hardware or liase with the ISP to ensure that the correct equipment is delivered.

Configuration of software.

  • If required, the Company will configure an account for the Client's internet connection. It is the responsibility of the Client to ensure that they retain all of their account details supplied by the ISP including, but not limited to, username, password, connection, telephone number, customer/account number. The Company recommends that Clients securely retain all correspondences from the ISP that contain any account details.
  • The Company will configure any required internet connection software and one internet browser application, e.g. Internet Explorer, on the Client’s computer to enable internet access.

Email configuration.

  • The Company will configure any agreed email accounts on one email application, e.g. Outlook Express or Outlook. If the Client does not specify that more than one account is required to be set up, the Company will only set up a single email account. It is the responsibility of the Client to ensure that the Company is aware of how many email accounts prior to the visit, and also to ensure that the correct usernames, passwords and the names of email servers to be accessed for each account are available at the time of the visit.

TRAINING

Self-paced materials.

  • All materials supplied by the Company are covered by the Copyright, Designs and Patents Act 1988 and The Copyright (Computer Programs) Regulations 1992.
  • The Client may use the materials for personal training purposes only. The Client is prohibited from lending, renting or selling copies of the training materials to the public or any other business, copy or amend the work, or claim ownership of any materials provided by the Company.

 

PART 2: BUSINESS SERVICES TERMS AND CONDITIONS

MAINTENANCE

  • The Company recommends that a support visit, to troubleshoot or repair existing faults and issues, is conducted prior to the maintenance visit. Maintenance work involves equipment testing, optimisation and updating only. The equipment to be included for maintenance work during the visit must be agreed between the Company and the Client and must be in working order prior to the maintenance being undertaken. It is the responsibility of the Client to inform the Company if any equipment scheduled for maintenance ceases proper functioning prior to the visit.
  • The Company is not under any obligation to perform support work on any equipment during the maintenance visit. Maintenance visits do not include troubleshooting or repairs of damaged or faulty equipment. If faults or issues are uncovered during maintenance procedures, any support work performed is invoiced separately.

SUPPORT

  • The Company will provide emergency support on PC and server software and hardware at the request of new and existing Clients. Support visits are charged on an hourly basis covering labour only, and the cost of any component(s) required to rectify the issue are the responsibility of the Client and in addition to the hourly support rate charge.
  • Prior to the visit being performed, it is the responsibility of the Client to adequately describe the symptoms of the issue and the type of equipment affected. If an error message appears on screen, the Company recommend that the Client writes down the full message and passes it to the Company at the time that the issue is reported, as this will greatly assist the diagnosis of the problem.
  • The Company do not offer support on certain software packages or hardware (for example Sage Line 50/100, games, keyboards and mice, or computer monitors) and the Company will not despatch an engineer to issues that are not covered. If the Company engineer arrives on site to discover that the issue is not repairable because it is not as described, the minimum labour fee is still chargeable to the Client (£60 for business Clients, £30 for residential Clients.)
  • The Client is responsible for the safekeeping of any software that is applicable to their systems, including hardware drivers, software applications, and recovery CDs that were delivered with their equipment or purchased separately. The Company accepts no liability for delays or losses caused by the discarding, damage or loss by the Client of OEM software that was supplied with their equipment, or any software that was purchased separately. In the event that the Client requires a driver or other software component from the manufacturer of the equipment, or requires an original CD of a software application from it’s publisher, the Client must meet any costs that are incurred for the replacement media.

CONSULTATION AND PROJECT MANAGEMENT

  • All prices initially offered on consultation or project management services are estimates based on the project as described by the Client at that time. If the scope of the project is altered by the Client, or any third party appointed by the Client, before the completion of the project, the Company may increase or decrease the final cost based on the actual work that was performed to represent the time invested by the Company in the project. The Company may request a non-refundable deposit from the Client of up to 25% of the initial estimate prior to the commencement of the project.
  • At the discretion of the Company, an initial free consultation session may be offered to the Client to discuss the scope of the project and any details that are important to the Client. In exceptional circumstances, solely at the discretion of the Company, the Client may be offered a second free consultation session if the scope of the project is sufficiently large that a single session would not cover all of the required information.
  • Consultation services are only offered on projects with an expected duration of more than one half day. Project management services are only offered on projects with an expected duration of one full day. Very small projects, for example, the installation of a firewall, PC, or other network resource with an expected duration of less than one half day are considered support issues, charged at support rates and covered by the support terms and conditions as set out in this document.
  • Any consultation services provided has the Company assurance of being 100% independent and impartial, and every effort will be made by the Company to ensure that the advice offered and recommendations made will be the best possible options available. In all cases, the Company will submit at least two (2) options to the Client, which will represent the Company’s recommended option, and a second option that could also provide the desired outcome. Reasons will be given as to why the Company prefers the preferred option, and any advantages over the other option(s) will be highlighted. The final decision of which option is selected will be the responsibility of the Client.
  • When undertaking Project Management services, the Company requires that the Client provide a list of any third party that will be providing services during the project. The Company reserves the right to object to the employment of any unsuitable outside agent by the Client to perform work on the project and will without obligation be pleased to give Clients the benefit of their advice or recommendations in this connection.
  • In the event that the Company provide both Project Management and Consultation services on the same project, these will be invoiced separately. Consultation services are concluded at the time when the Client selects the option to proceed with. The Project Management services are concluded on completion of the project. In the case of long term projects, those with a duration of more than six weeks, the project may be broken down into sections with the agreement of both the Company and the Client. Payment for each section will be due within an agreed timescale of the completion of that particular section of the project.
  • Any other service to provided by the Company to the Client with relation to the project, for example, installation, configuration, support or maintenance of new or existing equipment will be invoiced separately.
  • If the Client decides to cancel the project at any point during the consultation or project management stages, the Client will be liable for the time invested by the Company in the project to that point and any costs incurred by the Company including, but not limited to, non-refundable deposits, delivery charges, handling charges, and third party fees and charges paid by the Company in relation to the project up to the point that it was cancelled.

INTERNET

  • The Company offers consultation and project management services for internet connections which are bound by the conditions listed in the consultation and project management section of these terms and conditions. Support services offered on internet connections are bound to the conditions listed in the support section of the terms and conditions.
  • If a Company engineer is called out to perform support services, and the issue is the result of a problem with the ISP, or because the connection has been suspended by the ISP for any reason, the Client will be charged for the visit at the standard support rate. It is the responsibility of the Client to check with the ISP to ensure that the issue is not due to a problem with the ISP-side of the connection before contacting the Company requesting support services for the connection.

REMOTE ACCESS AND VPN

  • The Company will configure the equipment for remote access both at the network location and the remote location and test the connection to ensure that access is possible either through the dial-up, VPN or remote access software, whichever is applicable. Any hardware equipment supplied by the Company in the creation of the remote access/VPN system is covered for 12 months against faulty components or workmanship in the manufacturing process.
  • Once the equipment has been tested and confirmed as working, it is the responsibility of the Client to ensure that the equipment and software is adequately maintained to ensure continued connectivity and network security. The Company will offer the Client a maintenance package to cover the remote access or VPN system, however the Client is not required to accept this package as part of the initial project. If the Client decides not to implement the Company’s maintenance package, any visits required to troubleshoot, reconfigure or reinstall any hardware or software part of the remote access/VPN system will be chargeable at the standard support rates, and any work performed will be covered by the terms and conditions as stated in the Support section of this document. If the Client accepts the maintenance package, visits will be covered by the terms and conditions of the Annual Service Agreements area of this document.

NETWORKING

Wired networking.

  • The Company will run cables from the nearest patch panel to the location of the new network points. Any new cables run, and the network points associated with them are covered for 12 months against defective components and workmanship in the manufacturing process.

Wireless networking.

  • The Company will install wireless network access points and configure them for secure access, unless the Client requests them to be configured as open connections. The Company will also install and/or configure any wireless network adapters in the machines that are required to be connected to the wireless network. Any equipment supplied by the Company in the creation of the wireless network, e.g. access points, wireless adapters, repeaters, etc, are covered for 12 months against faulty components and workmanship in the manufacturing process.
  • Once the equipment has been tested and the wireless connectivity is confirmed as working, it is the responsibility of the Client to ensure that the equipment and software is adequately maintained to ensure continued connectivity and network security. The Company will offer the Client a maintenance package to cover the wireless network system, however the Client is not required to accept this package as part of the initial project. If the Client decides not to implement the Company’s maintenance package, any visits required to troubleshoot, reconfigure or reinstall any hardware or software part of the wireless network system will be chargeable at the standard support rates, and any work performed will be covered by the terms and conditions as stated in the Support section of this document. If the Client accepts the maintenance package, visits will be covered by the terms and conditions of the Annual Service Agreements area of this document.

TRAINING

Self-paced and presentation style training materials.

  • All materials supplied by the Company are covered by the Copyright, Designs and Patents Act 1988 and The Copyright (Computer Programs) Regulations 1992.
  • The Client may use the materials for personal or internal Company training purposes only. The Client is prohibited from lending, renting or selling copies of the training materials to the public or any other business, copy or amend the work, or claim ownership of any materials provided by the Company.

Instuctor Led Training.

  • Training is provided to the Client's representatives on the subject agreed at the time of booking. It is the responsibility of the Client to ensure that all attendees possess all of the relevant prerequisite skills and experience for the course selected.
  • The Client is also responsible for arranging the logistics of in-house training. The Client is responsible for the provision of:
  • A suitably equipped training room
  • Workstations, typically one per student, with all necessary software installed and configured
  • Student workspace, typically a table/desk top, sufficient to accommodate the workstation, keyboard, mouse mat, an A4 binder and an A4 notepad
  • Delegate refreshments
  • Visual aids: a whiteboard or flipchart with appropriate pens, a projector suitable for connecting to a laptop computer and a screen to project onto.
  • The Company may be able to supply some of the above, for an additional fee agreed by both the Client and the Company, at the time of booking the training session.
  • The Client is also responsible for any expenses required by the trainees to enable them to attend the training session.

PART 3: ESTIMATE AND QUOTATION TERMS AND CONDITIONS

ESTIMATES

  • At the request of the Client and/or the discretion of the Company, an estimate may be provided. Estimates are non-binding and represents only the 'best guess' of the Company representative as to the cost of the work involved. The actual cost may be considerably greater or less than the initial estimate.
  • Estimates can be provided based solely on the description provided by the Client, however the Company takes no responsibility if the actual work involve differs greatly from the initial estimate because the description given by the Client is inaccurate - either intentionally or unintentionally.
  • Estimates can be provided in any format, including verbally, by telephone, fax or email, or in writing.
  • The Company may revise or modify any estimate at any time prior to any work being conducted. A new estimate automatically supercedes any previous estimate provided to the Client by the Company.
  • If an agreement to do work is based on an estimate, and the cost will exceed the initial estimated figure, the Company will seek the approval of the Client before proceeding to do additional work. If the client chooses not to approve the additional work, they will still be liable for the costs of any work done up to that point, including any labour, hardware and software. This liability will not exceed the cost of the initial estimate.
  • If the cost of work provided by the Company is less than the estimate, the Client will be charged for the actual cost of the work provided, not the initial estimated cost.

QUOTATIONS

  • At the request of the Client and at the discretion of the Company, a quotation may be provided. Quotations will only be provided after a site survey by a Company representative to assess the scope of the services to be provided.
  • Quotations are only provided in two formats: Printed, and non-editable pdf. All quotations will contain the following: A Quotation number, Company watermark, Quotation Date, Valid to Date, Company Director signature. Any quotation that does not include all of the above will be invalid.
  • In addition to the above requirements, any quote supplied as a pdf file also contains a unique identifier to ensure authenticity. Any pdf file that does not contain this identifier is invalid.
  • All quotations will list the exact details of the work to be provided, and which elements are the responsibilities of the Company, and which are the responsibilities of the Client.
  • The Company will only be liable to perform the work expressly indicated in the quotation, and if work cannot be completed or additional work is required due to factors which are the responsibility of the Client, including third parties appointed by the Client, the Company reserve the right to charge the Client for any additional costs and work at the standard rate. If work cannot be completed, or if additional work is required due to factors which are the responsibility of the Company, the Client will not be charged for the additional costs or work involved.
  • Quotations are only valid from the Quotation date up to the Valid To date. Unless otherwise expressly stated on the quotation, any quotations provided by the Company are valid for 30 days only, although at the request of the Client and the discretion of the Company, this may be extended up to a maximum period of 90 days. No quotation greater than 90 days old can be considered valid for any reason.
  • In the event that the work is to be performed more than 90 days after the initial quotation date, the Company will supply a contract containg the details of the work to be performed and all terms and conditions relating to the project. A representative of the Client must sign this contract within the period that the initial quotation was valid, and a director of the Company must witness the Client's signature, counter-sign and date the contract for it to be valid. A copy of the contract will be retained by both the Client and the Company. Any contract that does not meet all of these criteria is invalid.

PART 4: PAYMENT TERMS AND CONDITIONS.

NEW CLIENTS

  • All new customers will be expected to make payment in full on the completion of the work. At the discretion of the Company an initial deposit of up to 25% of the total cost prior to the commencement of the work being undertaken.
  • If hardware is required, payment is required in advance and the part will not be supplied until the payment has cleared.

EXISTING CLIENTS.

  • Any Client that has previously had work undertaken by the Company will be invoiced for the work performed on completion. Residential Clients are required to pay invoices in full within 14 days of the work being completed. Business Clients are required to pay in full within 30 days of the work being completed. At the discretion of the Company an initial deposit of up to 25% of the total cost prior to the commencement of the work being undertaken.
  • If hardware is required, it will be supplied on a payment on delivery basis. No part will be installed until payment has been received

LONG TERM PROJECTS (BUSINESS CLIENTS ONLY.)

  • If the Company undertakes a project on behalf of the Client that will be conducted over a period of time greater than six weeks, UpSource Ltd may split the project into sections that will be charged individually.
  • These sections will be agreed between the Company and the Client prior to the commencement of the project. The Client will be invoiced on completion of each section of the project and payment will be required within 30 days of the invoice.

 

PART 5: ANNUAL SERVICE AGREEMENTS TERMS AND CONDITIONS.

Annual Service Agreements are available to business customers only. Contracts in respect of maintenance agreements with UpSource Ltd, hereinafter called the ‘Company', are accepted by the business receiving the services, hereinafter called the ‘Client' upon the following terms and conditions.

GENERAL

  • CONFIRMATION – Service contracts require confirmation signatures by a representative of both the Company and the Client. A copy of the contract will be retained by both parties. The contract will come into effect on the date specified on the contract as the ‘Start Date’
  • CANCELLATIONS – Either party may cancel the contract in writing without penalty up to 7 days before the start date of the contract. The contract is deemed to be binding on the start date and the minimum agreed contract term is for 12 months from that date, regardless of the method of payment selected. At the end of the 12 month contracted period, the contract requires agreed renewal in writing and may be cancelled by either party without penalties or cancellation payments. Within a contracted period, cancellations may only occur with mutual consent between both the Company and the Client.
  • TERMS OF PAYMENT – Payment may be made quarterly or annually as agreed between the Company and the Client. An annual payment in advance of the start date receives a 5% discount on the agreed price. Quarterly payments are required in advance of the commencement of the quarter that the services are supplied.
  • LATE PAYMENTS: In the event that the Client fails to pay for a given year or quarter on time, the Company will place the Client ‘on hold’ meaning that no services will be undertaken until the payment is received. This ‘on hold’ status does not absolve the customer from the outstanding balance due, or constitute a cancellation of the contract. Clients are still liable to pay for time spent ‘on hold’ and in the event that the Client fails to pay one or more payments within the agreed 12 month period, full payment will be due for the full duration of the agreed term of the contract. Any outstanding services will be supplied by the Company on receipt of payment from the Client.
  • Service agreements require the use of monitoring software to be installed on the Client’s equipment. This software has been tested to ensure compliance with all operating systems and major software packages to ensure that it does not disrupt or interfere with the smooth operation of other installed software. These software packages are the legal intellectual property of the developers, and is licensed to the Company through international agreements. Under international software licensing laws, the software is not considered the legal property of the Company or the Client, and developers reserve the right to request the Company to remove their software from the Clients equipment. Under these circumstances, the Company would install replacement software from another developer to maintain the quality of service received by the Client.
  • The Company reserves the right to refuse to undertake any maintenance or support that has resulted from the deliberate misuse or abuse of Client equipment by an employee or the Client or any third party. In the case where misuse has been conducted accidentally, the Company will correct the issue on the first occurrence and inform the Client of the misuse that has occurred. Similar misuse occurring in the future by the same party will be considered deliberate misuse of equipment.
  • The Company reserves the right to object to the employment of any unsuitable outside agent by the Client to perform work on the covered equipment and will without obligation be pleased to give Clients the benefit of their advice or recommendations in this connection.
  • Computer viruses, Trojans, worms and other Malware, hereinafter referred to as ‘viruses:’ Under the agreement, the Client is required to use a recommended anti-virus software to protect against the results of computer viruses. The Company is only liable to attempt to correct the consequences of viruses where the Client has kept their anti-virus software operational and up-to-date. In the event that the Client has become infected by a virus through the lack of subscription renewal or where a user has removed or disabled the anti-virus software, the Company reserve the right to charge the Client for the removal of the virus. The Client can direct no liability for losses of any kind as the result of infection by viruses at the Company.
  • Network equipment other than computers: The service agreements only include the equipment specified in the contract. Service contracts may include cover for a range of equipment, including printers, scanners, adsl routers, firewalls, etc. Any coverage of these types of equipment is restricted to a labour-only basis.
  • Drivers and other software supplied with computers: Software supplied by the original equipment manufacturer (OEM) should always be retained by the Client as it is often essential for maintenance. The Client is solely responsible for the safekeeping of any software or documentation supplied with their equipment. The Company accepts no liability for delays or losses caused by the discarding, damage or loss by the Client of OEM software that was supplied with their equipment. In the event that the Client requires a driver or other software component from the manufacturer of the equipment, the Client must meet any costs that are incurred for the replacement media.

LABOUR ONLY SERVICE AGREEMENTS

  • Labour only agreements cover agreed computer equipment stipulated in the contract itself. Only equipment expressly specified in the agreement is covered.
  • Cover is limited to the labour costs of hardware and software issues. Replacement parts can be sourced by the Client independently, or may be supplied to the Client by the Company at an agreed price. Payment for replacement parts supplied by the Company is expected on delivery of the part.
  • Software cover is limited to applications specified in the contract itself. Any software package that is not specifically included in the maintenance agreement is not covered. In addition to this, the software cover does not extend to individual user data files. Specifically this means that while a fault with Microsoft Word would be covered, a fault with a single word document would not if other data files were working correctly on the application.
  • Software cover is limited to the installed version on the covered computer and does not cover the original media that contains the software. The Company takes no responsibility for the condition or quality of any media containing software that is owned by the Client, including CDs, floppy disks, DVDs, digital storage devices or any other physical media. The Company is under no obligation to provide replacement media should any of the Client’s media become defective except through deliberate misuse of that media by the an employee of the Company.

PARTS AND LABOUR SERVICE AGREEMENTS

  • Parts and labour Service agreements include cover on hardware and software on the Client’s equipment. In addition to labour cover on hardware and software issues, parts for the following computer equipment is also included
  • Desktop/Tower PCs. For desktop or tower design computers running Windows 95,98, Me, 2000 Professional and Windows XP Professional, the following parts are included in the parts and labour coverage: Motherboard; processor; memory; hard disk; CD-ROM or CD recorders; floppy disk drives; zip drives; power supply; graphics cards, network cards, sound cards, USB cards, modems and other internal hardware equipment. Peripheral devices covered for parts and labour include the mouse, keyboard and CRT monitor. The following equipment is covered as ‘labour-only’ unless expressly stated on the contract: Wireless devices, including keyboards and mice; connections to palmtops or other portable devices; TFT monitors.
  • Servers. Those components that are covered for parts and labour must be specified on the service agreement. The components covered for parts and labour depend on the manufacturer and model of the server. Devices such as RAID controllers and arrays, tape drive devices or other large capacity backup devices are covered as labour only unless specifically included on the contract.
  • Laptops. The components covered in laptops must be specified on the service agreement contract. The components that are covered will depend on the manufacturer and model of the laptop and on availability of components from the manufacturer.
  • Software cover is limited to applications specified in the contract itself. Any software package that is not specifically included in the maintenance agreement is not covered. In addition to this, the software cover does not extend to individual user data files. Specifically this means that while a fault with Microsoft Word would be covered, a fault with a single word document would not if other data files were working correctly on the application.
  • Software cover is limited to the installed version on the covered computer and does not cover the original media that contains the software. The Company takes no responsibility for the condition or quality of any media containing software that is owned by the Client, including CDs, floppy disks, DVDs, digital storage devices or any other physical media. The Company is under no obligation to provide replacement media should any of the Client’s media become defective except through deliberate misuse of that media by the an employee of the Company.
 
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