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In this Agreement the following terms shall have the following meanings:
Means the contract between Us and You incorporating these Terms, the Fair Use Policy and the relevant Service Policy;
Charges
Means the charges payable by You for the Services, which will be set out in or calculated in accordance with the Service Policy;
Commencement Date
Means the date We begin performing Services for You or, if applicable, the date on which You call Our Service Centre;
Fair Use Policy
Means the policy governing the ways in which You can use the Services, as available on Our Website;
Minimum Period
Means the period beginning on the Commencement Date, as described in the Service Policy;
Premises
Means the premises at which You and We have agreed the Services will be provided (currently limited to London and home counties).
Services
Means the relevant services You have purchased from Us as further described in the Service Policy, being one of:
i. Computer Repairs Service;
iii. Consultation and Advisory Service;
vi. Maintenance Service.
Service Policy
Means the document setting out the description and specification of the Services and Our Charges as published on Our Website, from time to time;
Terms
Means these Terms and Conditions for Computer Care People Help (CCPH);
We, Us, Our
Means Computer Care People Help (CCPH), PO Box 1801, Croydon, Surrey, CR9 2EP.
Website
Means Our website at www.ccph.co.uk.
2 Our obligations in providing the Services
2.1. We shall begin providing the Service to You on the Commencement Date.
2.2. We shall provide the Services to You using reasonable skill and care and in accordance with the terms of this Agreement.
2.3. We shall use Our reasonable endeavours to resolve all issues covered by the Service however, due to the complex nature of information technology equipment and software, regrettably We cannot guarantee that We shall resolve all issues.
2.4. Please be aware that CCPH cannot guarantee completion times.
This is true even with the simplest job, such as installation of an old graphics card. We would imagine such a job to take 20 minutes, however if the customer’s CD is damaged or lost, or the device driver is no longer available, it can take a great deal of time to locate the device driver and complete the job, this is just one example of why we cannot guarantee completion times.
3.1. You agree to follow Our reasonable instructions relating to Our provision of and Your use of the Services and agree to allow Us reasonable access to Your Premises if We need to carry out any work.
3.2. We may ask You to give us access to Your PC to provide the Service. Where We require such access, You shall ensure that You have a suitable broadband internet connection. We shall ask You to grant Us access on a session by session basis.
3.3. You shall ensure that the Service is not used:
3.3.1. in any way contrary to Our Fair Use Policy;
3.3.2. in any way which is illegal, criminal, fraudulent or otherwise unlawful, or is in contravention of any licence or third party rights;
3.3.3. to make or send offensive, indecent, menacing, nuisance or hoax calls or communications, or to cause annoyance, inconvenience or needless anxiety; or
3.3.4. in any way which We reasonably believe is, or is likely to be, detrimental to Us, Our provision of the Service to You or to any of Our other customers.
3.4. We take any misuse of the Service very seriously, and You agree to take all reasonable steps to make sure that it does not happen. If We reasonably believe that You have breached clause 3.3, even if it happens without Your knowledge, We will be entitled to immediately suspend the Services or end Your Agreement without notice in order to protect Us and Our customers.
3.5. You are responsible for taking appropriate steps to maintain and safeguard Your computer/IT system, for example by regularly backing up data, running current virus software and adopting other appropriate security or maintenance procedures, unless you have requested this as part of your service.
3.6. You agree to follow Our Fair Use Policy. All calls made to the Home Computer Helpline Service are subject to Our Fair Use Policy. We reserve the right to impose limits on Your calls or suspend or terminate Your access to the Service, if We reasonably believe that Your use of the Service is a breach of Our Fair Use Policy.
4. Charges and Payment
4.1. You shall pay the Charges for the Service in accordance with the Service Policy.
4.2. If the Service has a Minimum Period, the Charges shall be fixed for that Minimum Period. Other than this We may vary our Charges but We will notify (by e-mail or otherwise) You in advance with details of any changes giving You at least [10] days' notice before making any changes to Our Charges.
5. Variations to the Terms
5.1. We may make changes to these Terms or add to them, from time to time. We will post the updated Terms on Our Website. Wherever reasonably possible, We will try to notify You in advance of any material changes to the terms of this Agreement but this may not always be possible (for instance where the updates are required to take an account of a change in the law).
5.2. If We make any change to these Terms (other than to the Charges) which is to Your significant disadvantage and which materially affects the Service or the way in which You enjoy the Service, You will be entitled to terminate this Agreement within 30 days of receiving notice of the change, or within 30 days of the change being posted on Our Website where no notice is sent. In such circumstances, We shall offer You a refund of any Charges paid in advance for the period that You will not be in receipt of the Service.
6.1. This Agreement may be terminated in any of the ways set out in this clause 6.
6.2. Either of us may end this Agreement by giving the other 30 days' prior notice. If Your Service has a Minimum Period, the termination cannot take effect until the Minimum period has ended.
6.3. You may end this Agreement at anytime (even during the Minimum Period) if We do not do what We have agreed to do under this Agreement and do not put it right within 14 days of You asking Us to do so.
6.4. We may end this Agreement at anytime (even during the Minimum Period) immediately without notice if the Service is used contrary to clause 3.3.
6.5. We may end this Agreement immediately at any time (even during the Minimum Period) if:
6.5.1. You do anything (or allow anything to be done) which We reasonably believe may damage or affect the operation of Our Services;
6.5.2. You become bankrupt or make any arrangement with Your creditors;
6.5.3. You fail to pay for Our Services when payment is due, or you fail to do what you have agreed to do under this Agreement and you do not put it right within 14 days of us asking you to do so in writing.
6.6. You have entered into this Agreement on the basis that a Minimum period applies. If this Agreement ends during the Minimum Period (unless You end it under clause 6.2 or 6.3), You shall not be entitled to any refund of the Charges.
7.2. In no circumstances will We be liable for death or personal injury, or for loss of profits or revenue, loss of use, or missed opportunities, or for any loss of damage that is indirect and/or was not reasonably foreseeable at the time this Agreement was entered into, whether due to Our negligence or otherwise.
7.3. There may be some occasions when We are unable to provide the Service as a result of something outside of our reasonable control. We will not be liable to You if that is the case.
7.4. We will use all reasonable endeavours to meet any date provided under this Agreement but as they are estimates only, We do not accept any liability if We fail to do so.
7.5. We make no guarantee of any specific results from the use of our Website.
8. Privacy
We take Your privacy very seriously and We are committed to managing Your personal data transparently and fairly. We will always observe Our Privacy Policy when managing Your personal data. Any data you provide us with will not be passed on to any third parties.
9. Intellectual Property and Website
9.1. All content included on the Web Site and in the Services, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property or the property of Our affiliates or other relevant third parties. You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Website or unless given express written permission to do so by Us.
9.3. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website.
10. Warranty
10.1 When using our services, you must agree to the following terms.
10.3 If you have not purchased goods, but have had a repair to your computer/hardware the warranty on the job is for 6 months. If the job was not carried out in accordance with the requirements of this Agreement, please email/call/write to us quoting the invoice number and reference number date job was completed and the work shall be warranted free of charge. However, should you wish an engineer to visit your home in this situation, the hourly rate of labour and a callout depending on your location shall apply.
11. Miscellaneous
11.1. This Agreement sets out the entire agreement and understanding between You and Us about everything contained in this Agreement, and replaces any previous agreements and understandings between us (whether oral or in writing) about everything we have agreed in this Agreement.
11.2. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as set out in this Agreement. Nothing in this Agreement will operate to limit or exclude any liability for fraud.
11.3. If there is any conflict between the constituent parts of this Agreement, the Terms shall take precedence over the Service Policy, which shall in turn take precedence over the Fair Use Policy.
11.4. All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@ccph.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11.5. This Agreement is personal to You and You may not assign, or otherwise transfer Your rights and obligations under this Agreement to any third party.
11.6. There may be circumstances where either of us is unable to fulfil our obligations under this Agreement because of an event beyond our reasonable control. This could include severe weather or other natural disaster, an act of terrorism, strikes or the negligence of third parties. In such cases we each agree that the other will not be responsible for what has happened and will not be responsible for fulfilling their obligations under this Agreement for as long as the event continues.
11.7. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of this Agreement.
11.8. Failure by either of us to enforce rights under this Agreement shall not prevent You or Us (as the case may be) from taking further action.
11.9. A court, arbitrator or government agency finds that any part of this Agreement is unenforceable, then that part of this Agreement will be struck out and the remaining parts will continue unaffected.
11.10. This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
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