Terms and Conditions of Business
Roger Hicks Trading As: - Ace PC Repair

1 Definitions
2 The contract between the client and business
3 The Client's obligations
4 Price and Payment
5 VAT
6 Client's Right to Cancel the Contract for the Provision of Goods
7 Client's Right to Cancel Services
8 Cancellation of Goods or Services by the Business
9 Substitution of Goods to Client from the Business
10 Installation Tests
11 Acceptance by the Client if Installation Tests are agreed as part of the Services
12 Warranties
13 Delivery of Goods to the Client
14 No liability on part of the Business unless the Business is at Fault
15 Further Limitation of Liabilty
16 Termination for Breach of Contract
17 Termination Consequences
18 Indemnity
19 Miscellaneous
20 Governing law
21 Our contact details

Definitions

1.1 'the Client' means the company or individual who agrees to be provided with the Service or Goods from the Business.

1.2 'Conditions' means the terms and conditions of business set out in this document.

1.3 'Price' means the price for the Service as quoted or estimated in writing by the Business in accordance with the Business price list (a copy of which is available at the Business premises on request) which is able to increase in lieu of any changes in the instructions from the Client or extra hour(s) incurred.

1.4 'Service(s)' means the provision of rectification of computer peripheral, workstations or servers, installation of servers, faultfinding and troubleshooting, data recovery, consultancy, cabling, general computer maintenance or any other service that the Business' offers from time to time

1.5 'Term' means the timescale which the Business has agreed with the Client in which to carry out the Service and or provision of Goods, this is subject to change according to workload, changes to the Service and for any other reason that the Business may give.

1.6 'Goods' means any hardware, software, cabling, servers, other general computer equipment and any other goods that the Business may trade in.

1.7 'Hours of Business' means any time within a working week and or weekends that the Business at its sole discretion chooses to be available.

1.8 'the Business' means Roger Hicks trading as 'ACE PC Repair' who provides the Service and or Goods, his usual place of business is situated at: 1 Kelburn Close, Chandlers Ford, Eastleigh, Hampshire, SO53 2PU.

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2 The contract between the client and business

2.1 In relation to Goods ordering and enquiries for a call-out or estimate, these must be by telephone on the Business' designated number from time to time or made by the Client whilst Services are being performed by the Business:

2.1.1 If your order for Goods is made using the telephone then we will confirm acceptance of the order during that call and these terms and conditions apply to such an order. Our acceptance of your order brings into existence a legally binding contract between us. For telephone orders acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these terms and conditions, you will also be supplied with a further copy of these terms and conditions on delivery with your order.

2.1.2 For orders made whilst Services are already being performed by the Business, these terms and conditions apply and all orders will be confirmed in writing.

2.2 In relation to Services, the client may request a written report, estimate, call-out or opinion (or all of these combined elements) from the Business, for which the Business may charge for. Ordering Services and enquiries are by telephone only or by further verbal agreement if the Business is already working for the Client or on the Client's premises providing a written report, estimate or opinion. Once an Order is accepted:

2.2.1 Our acceptance of your order brings into existence a legally binding contract between us. All Services that are ordered by the Client will be confirmed in writing you will also be supplied with a further copy of these terms and conditions on confirmation of your order.

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3 The Client's obligations

In consideration of the Services or Goods to be rendered by the Business under this agreement the Client:

3.1 warrants that it has the authority to enter into an agreement with the Business or has the permission of the proprietor of the Client to enter into an agreement for the provision for Services or Goods with the Business.

3.2 will provide all passwords and an analysis of the network or system itself. Analysis of the network or system will only be needed if the information is currently available to the Client.

3.3 will provide all necessary information to carry out the work as agreed with the Business to include genuine legally licensed software with correct user licence(s) operating manuals, user instructions, technical literature and all other related materials in eye-readable form relating to the Client's equipment.

3.4 will provide unhindered, unrestricted access to the computer network, system or site as applicable at all times during the mutually agreed times and dates.

3.5 agrees that if access is not unhindered, unrestricted as provided for in clause 3.3 and 3.4 above then the Business reserves the right to charge it current hourly rate for time spent at the Client's site which may vary from time to time.

3.6 agrees to provide adequate parking facilities for at least one representative of the Business to park at the premises of the Client. If the representative has to park off-site or expends time whereby his vehicle needs to be moved, then this will be charged for according to the Businesses' current rates, which are available on request.

3.7 agrees to provide a deposit of the estimated fee provided by the Business before the Business commences the Services and or order of Goods

3.8 must inform in writing the Business of any special requirements or statutory duties or liabilities in relation to the provision of Goods and Services or any special requirements or statutory duties in relation to the premises of the Client before the Services are commenced by the Company and the Company if this is not done reserves the right to refuse to provide the Goods or Service and to vary the Price.

3.9 must make any payments due to the Business in accordance with clause 5 promptly without demand deduction or set-off.

3.10 must if in the reasonable opinion of the Business it decides it is necessary to remove or otherwise disconnect any of the Client's existing equipment at the Client's premises in order to carry out the installation of the Equipment then the Client shall permit and obtain all necessary consents for such removal and/or disconnection and shall give the Business all necessary assistance to enable such work to be carried out.

3.11 shall provide adequate free working space and such other facilities as may be necessary for the installation of the equipment, Goods or provision of Services.

3.12 shall be responsible for obtaining the consent of the owner of any telecommunication system if the Client connects the relevant Goods or equipment to or requires the Business to do so and the Client will be responsible for such system (if necessary) and such connection and for complying with all conditions relating thereto.

3.13 undertakes to the Business that it will not make any modification to any Goods or equipment supplied or any Goods or equipment which have been worked on by the Business before the Services of the Business have been completed without the prior written consent of the Supplier.

3.14 must supply particular administrative support (for example security passes, network logons etc), access to telephone and fax communications and computer facilities, the Client shall ensure that it has appropriate back-up, security.

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4 Price and Payment

4.1 Payment will be due on the Client's receipt of an invoice from the Business, the Business at its sole discretion may send an interim invoice or invoice following completion of Services or delivery of Goods. In some cases a deposit before the commencement of Services or Delivery of Goods will be payable.

4.2 Save where expressly stated the Price is exclusive of VAT which shall be due at the rate ruling on the date of the Business' invoice 4.3 The Business has the right to revise the Price and this will be initially communicated verbally and latterly confirmed in writing. The general rates of the Business will be revised from time to time and this will be shown on the Business' current price list which may change from time to time. The Company will provide the client with the revised Price as soon as it reasonably can.

4.4 Failure to receive payment from a Client following the issue of an invoice by the Business within 15 working days of issue will mean that the invoice is overdue and the Business at their discretion may consider the contract terminated in accordance with clause 16 of these Conditions. In any case if an invoice is due the Business reserves the right to cease any current work in progress. If work is ceased by the Business as a result of an overdue invoice then the Client agrees that the Business will not be liable in any way whatsoever for any costs incurred by the Client as a direct or indirect result of such cessation.

4.5 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank Pic's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

4.6 If the order for Goods is by telephone then any additional delivery costs will be advised of at the time the order is made. It must be pointed out that it may not be possible to deliver to certain locations.

4.7 The Price does not include the cost of transportation of the Goods or equipment from the Business' premises within the United Kingdom or any other delivery costs which shall be paid by the Client in addition to the Price. 4.8 The Price even when fixed in an estimate may be liable to increase if the Goods and Services are more expensive or take longer than initially expected. Where a written estimate is given and whilst performing the Services the Business realises that the Price is likely to be more than a previous written estimate then written notice of this will be given to the Client.

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5 VAT

5.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes

5.2 Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums

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6 Client's Right to Cancel the Contract for the Provision of Goods

6.1 Unless the Business agrees in writing (to be at the sole discretion of the Business) with the Client, the Client will not be entitled to cancel the contract if the Client has ordered Goods or systems which have been personalised for the Client and have been made by the Business to the Client's specification which by reason of their nature cannot be returned.

6.2 Subject to clause 6.1 if the Client is a bona fide consumer then the Client may cancel the contract with us for the Goods you order at any time up to the end of the seventh working day from the date you receive the ordered Goods. If you are a bona fide consumer you do not need to give us any reason for canceling your contract for Goods nor will you have to pay any penalty.

6.3 The Client cannot cancel your contract if the Goods you have ordered are by their nature Goods which cannot be returned or are likely to deteriorate or expire rapidly. Equally All shrink wrapped software must be returned unopened if not the Client Cannot cancel its contract with the Business and will not qualify to be re-credited. If the Client instructs the Business to open the shrink wrapped or pre install the software prior to delivery on the Client's behalf then the Client will not be able to be re- credited for this if the Client subsequently wants to return the software.

6.4 To cancel your contract you must notify us by e-mail unless as stated otherwise at andy(S).itservice.co.uk We request that Goods are returned in an unused condition, in their original packaging and complete documentation.

6.5 If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

6.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card if you are a bona fide consumer will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you, any damage to the goods or packaging, external or internal, may invalidate the ability to obtain a refund. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. If the Client is a business then you will be re-credited once the Goods have been returned provided all the returns criteria detailed in this agreement are met to the satisfaction of the Business.

6.7 At its sole discretion, the Company may charge restocking fee against any refund. The restocking fee will be equivalent to 25% of the original invoice price and will be deducted from and monies refunded.

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7 Client's Right to Cancel Services

7.1 The Client may cancel the provision of Services at any time before completion of the task or project as detailed in the estimate or as previously agreed, the Client agrees that they shall then be liable to pay to the Business for any work whatsoever carried out up until and including the date of cancellation at a rate determined by the Business in proportion with it's usual charges.

7.2 The Client will also forfeit the deposit if paid on cancellation of the Services or agreement.

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8 Cancellation of Goods or Services by the Business

8.1 We reserve the right to cancel the contract between us if:

8.1.1 we have insufficient stock to deliver the Goods you have ordered;

8.1.2 we do not deliver to your area; or

8.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

8.1.4 if you are unable to make payment with your credit card or your card issuer does not authorize payment, if you are unwilling to provide a deposit where required, or if a cheque is returned.

8.2 We will not be obliged to offer any additional compensation for disappointment suffered, however we will re-credit any sums which the Business believes are due to the Client.

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9 Substitution of Goods to Client from the Business

The Business reserves the right prior to delivery of the Goods and equipment to substitute an alternative item of equipment for any Goods or item of equipment agreed to be supplied under this Agreement provided that such substitution will not materially affect the performance of such Goods or equipment and will not result in any increase in the Price.

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10 Installation Tests

10.1 Where it is agreed in the estimate or otherwise in writing the Business may submit the Goods or equipment that have been installed to the Business' standard installation test ('the Installation Tests') the cost of which is contained in the Business' Price list from time to time,

10.2 If the Client wishes the Business to carry out an Installation Test to ensure that the Equipment and every part thereof is in full working order, then this must be specifically ordered by the Client.

10.3 If any part of the Goods or equipment fails to pass the Installation Tests then if required by the Client the Installation Tests shall be repeated on such part of the Goods or equipment within a reasonable time thereafter up to a maximum of five tests. The Business will determine in its sole discretion whether the Goods or equipment have passed the Installation Tests.

10.4 The Client or its authorised representative may attend the Installation Tests. The Business shall give the Customer at least 12 hours notice of the date and time at which the Business proposes to carry out the Installation Tests. In the event of any delay or failure by the Client or its authorised representative in attending the Installation Tests at such time the Business reserves the right to proceed with the Installation Tests which will then be deemed to have been carried out in the presence of the Client and the results thereof accepted by the Client.

11 Acceptance by the Client if Installation Tests are agreed as part of the Services

This clause will only apply if Installation Tests are ordered by the Client Once the Equipment and every part thereof has successfully passed the Installation Tests the equipment shall be accepted by the Client and the Client shall if required by the Supplier sign a commissioning certificate in the form used by the Business acknowledging such acceptance.

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12 Warranties

12.1 The Business does not give any warranty that the Goods or equipment are fit for any particular purpose unless that purpose is specifically advised to the Business in writing by the Client and the Business confirms in writing that the equipment can fulfil that particular purpose.

12.2 The Business does not warrant that the equipment will achieve any particular performance criteria

12.3 The Client warrants that he has not relied on any oral representation made by the Business or upon any descriptions illustrations or specifications contained in any catalogues and publicity material produced by the Client which are only intended to convey a general idea of the products and services mentioned therein.

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13 Delivery of Goods to the Client

13.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

13.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

13.3 All rights and title to any Goods delivered to the Client shall not pass to the Client and the Client shall keep the Goods as bailey and trustee for the Business (returning the same to the Business upon request) until the Price of the Goods shall have been wholly paid to include any additional charges levied in respect of late payment, to the Business.

13.4 The Business will endeavour to deliver the equipment and Goods by the date specified but unless otherwise agreed in writing, time for delivery shall not be of the essence and the Business shall not be liable for any damages whatsoever resulting from delay in delivery howsoever caused. The Business may make instalment deliveries.

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14 No liability on part of the Business unless the Business is at Fault

14.1 The Business shall not be liable to the Client for the death of or injury to the Client, or employees or agents or loss or damage to the Client's property or premises unless due to the negligence or other failure of the Business to perform its obligations under any written agreement or under the general law.

14.2 The Business will not be liable for any losses, damage, financial penalties or liability (whether criminal or civil) due to any Client's machines, systems or otherwise being unable to function and being unable to be used properly for longer than anticipated or if they are not able to been used at all for periods longer than agreed in any agreement for the Services or Goods with the Business.

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15 Further Limitation of Liabilty

15.1 The Business shall have no obligations under these Conditions in respect of:

15.1.1 Force of nature e.g. weather, natural disaster, strikes, riot, war, terrorist, civil commotion, floods and Act of God

15.1.2 With the exception of liability of death or personal injury caused by the negligence of the Business the Business' total liability to the Client, howsoever arising, shall in no circumstances exceed the Price in respect of any occurrence or series of occurrences.

15.1.3 Any damage which has occurred to the Goods or equipment of the Client or as a result of the Service unless the Client informs the Business within 7 days after the Goods or equipment have been delivered or the Services rendered by the Business.

15.1.4 Any loss or damage sustained by the breach of the Client's obligations and warranties contained in clause 4 or elsewhere in these Conditions this also excludes the Business' employees, servants and agents from liability for any loss or damage sustained by the Client's breach of the obligations and warranties contained in clause 3.

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16 Termination for Breach of Contract

The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately at the sole option of the Business and the rights and liabilities of the parties shall then be determined in accordance with clause 17: 16.1 Failure on the part of the Client to make punctual payment of all sums due to the Company under the terms of this agreement

16.2 The levying of any distress or execution against the Clients or the making by it of any composition or arrangement with creditors, or being an individual a trustee in bankruptcy being appointed or being a company the Client's liquidation.

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17 Termination Consequences

In the event of this agreement being determined whether by effluxion of time notice breach or otherwise:

17.1 The Client shall immediately:

17.1.1 pay the Price of all arrears of the Service or Goods to the Business carried out and any other sums due under the terms of this agreement

17.1.2 pay all further sums to the Business which would but for the determination of this agreement have fallen due.

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18 Indemnity

18.1 The Client agrees with the Business throughout the term to indemnify and keep indemnified the Business from and against any and all loss, damage or liability (whether criminal or civil) suffered [and legal fees and costs incurred] by the Business resulting from a breach of this agreement by the Client including:

18.1.1 any act, neglect or default of the Client's employees or agents;

18.1.2 breaches in respect of any matter arising from the supply of the services resulting in any successful claim by any third party.

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19 Miscellaneous

19.1 Warranty
Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.

19.2 Whole agreement
Each party acknowledges that these Conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it

19.3 Supersedes prior agreements
These Conditions supersede any prior agreement between the parties whether written or oral and any such prior agreements are cancelled but without prejudice to any rights which have already accrued to either of the parties

19.4 These Conditions shall Prevail
These Conditions shall prevail over any terms and conditions contained in the Client's order, acceptance or other communication and shall be deemed to have been accepted by the Client in preference to such other terms and conditions, unless the Client has notified the Business specifically in writing of any proposed variation of these Conditions and such variation has been agreed in writing by the Business.

19.5 Change of address
Each of the parties shall give notice to the other of the change or acquisition of any address or telephone telex or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition

19.6 Notices
Notices are to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the relevant party shown at the head of this agreement or the address of the Client as notified in writing or by facsimile t ransmission or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile transmission or by electronic mail to the correct facsimile number or electronic mail number of the addressee (with correct answerback)

19.7 Severance
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of the Business it may be severed from this agreement or the remaining provisions of this agreement shall remain in full force and effect unless the Business in the Business' discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event the Business shall be entitled to terminate this agreement by 30 days' notice to the Client.

19.8 Survival of terms
No term shall survive expiry or termination of this agreement unless expressly provided.

19.9 Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.

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20 Governing law

These Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us

A larger printed version of these Terms and Conditions is available upon request.

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21 Our contact details

The full name of our company is Acredited Computer Engineers You can contact us by calling 0800 043 3043

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