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The Geek Company Terms and Conditions

1 General

 

1.1 These terms and conditions form part of the Agreement between the Client and Ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

1.2 The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

 

"Client", “You” and “Your” refers to you, the person accessing this website and accepting The Geek Company’s Terms and Conditions.

 

"The Geek Company", “Ourselves”, “Our”, “We” and "Us", refers to our Company.

 

“Party”, “Parties”, or “Us”, refer to the Client and Ourselves, or either the Client or Ourselves.

 

“Service” refers to the support service provided The Geek Company.

 

“Agreement” refers to the contract made between both Parties in respect of the Service provided by the Company.

 

“Prices” all prices and charges referred to in the terms and conditions include VAT at HMRC set rate.

 

1.3. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

2 Privacy Statement

We are committed to protecting your privacy. Authorized employees within the Company only use any information collected from individual customers on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. Under English Law there are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.


3 Confidentiality

 

We abide by the Data Protection Act 1998 and as such Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client records We keep, on the proviso that We are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of Our services. Where appropriate, We shall issue Client’s with

appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.


4 Disclaimer Exclusions and Limitations

4.1 The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

 

(a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

(b) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.


5 IT Support PC per incident and Annual Support Service

5.1
Service Overview

The Service provided by this Company relates to IT support on the hardware, applications and operating systems detailed at http://www.thegeekcompany.co.uk.com/terms but for the avoidance of doubt does not include the provision of any hardware.

The Service may be ordered by telephone or online.

5.2
Service Start Date

By ordering the Service, the Customer agrees to the immediate provision of the Service and automatically agrees to be bound by this Company’s Terms and Conditions as set out herein.

5.3 Service Description

The Service provides the following facilities: -
(a) remote access to the Customer’s PCs for diagnostics and problem solving (provided the Customer’s PC is online)
(b) one telephone call of up to forty five minutes to provide help and advice on the use of the supported
(c) Annual support limited to a maximum of 8 support incidents per year
(d) calls are limited to max 30 minutes each.
(e) for the avoidance of doubt the Service is only provided to one PC belonging to the Customer. If the Customer requires the Service for multiple PCs the Customer will need to pay for the Service per PC that requires the Service.
(f) the Customer can also order products and services provided by 3rd parties through the Service and in such circumstances The Geek Company will arrange for the 3rd party products/services for the Customer and will take an agreed commission for enabling the acquisition of such products/services.
(g) The telephone-based support described in paragraph 5.3 above is available Monday to Friday 9am – 5.30pm excluding bank and public holidays.

5.4
Fault Repair

The Geek Company will respond to reported faults as soon as it reasonably can.

In accordance with clause 5.3(g) above, The Geek Company’s normal hours of work are Monday to Friday 9am – 5.30pm excluding bank and public holidays, therefore if the Customer has reported a fault on a bank holiday or public holiday the Geek Company will respond to the Customer on the next available working day.

5.5 Responsibilities of the Customer

The Service is not intended to be a substitute for the Customer taking appropriate steps to maintain and safeguard its IT system through regular data back-up, running current virus software and adopting other appropriate security or maintenance procedures.

If as part of the Service, the Customer is required to install any software, the Customer agrees to install and keep installed such diagnostic and technical support software to assist in the support process. If the Customer refuses to install such software this may mean that The Geek Company may, at its option, either provide the Customer with a reduced level of Service or withdraw provision of the Service in its entirety.

5.6 Charges

The charges for the support services provided by The Geek Company are as follows:

 

(a)  All verbal quotations will be given free of charge.

(b)  Written quotations for insurance purposes etc. Will be subject to a £20 administration charge.

(c)  For a one off support call the fee will be £40 per incident

(d)  For a one year support package (including up to eight help calls at a maximum of 30 minutes per call) the monthly fee will be £8.99 per PC or £20 for a bundle of 3 PCs between the hours of 9.00am and 5.00pm GMT.

(e)  Support on one-off and package basis entitles you to “free” elements of our service as detailed on the “Our Services” section of our web page.

(f)   Out of office hours calls between 6.00pm GMT and 9.00pm GMT are available at £65 for one-off remote assistance.

(g)  Home visits are charged on a case-by-case basis. Call-out cost will be agreed when an appointment is made, and must be paid for in advance.

 

5.7 Resale

The Service and any associated software is provided solely for the Customer’s own use and the Customer will not resell or attempt to resell the Service (or any part or facility of it) to any one else.

 

5.8 Payment

 

All major Credit and Debit Cards are acceptable methods of payment. Our Terms are payment in full at the time of the Service Start Date. All goods remain the property of the Company until paid for in full.

 

Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. [Amend as appropriate] Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on cash transactions only for any future work. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

 



5.9 Additional Conditions

(a)
In order to use the Service, the Customer’s computer systems must meet the following minimum requirements:
• a Windows 2000, Windows XP, Windows Vista operating system or MAC OSX.
• a processor speed of 233MHz or greater;
• 128MB or more of RAM (256MB if installing Internet Security Pack);
• at least 200MB available hard drive space;
• an available USB, Ethernet or wireless port.

(b) The Customer agrees that The Geek Company or its representatives may access its registered computing equipment via a remote access client.

(
c) The Customer agrees: -
(i) to have technical details of the supported computing equipment, local area network and connected devices, collected and securely stored by the Geek Company for use during fault diagnosis and support incidents; and
(ii) to allow The Geek Company’s technical support agents to create, as necessary, systems administration accounts on the Customer’s PCs and to keep these accounts active and unchanged as required to deliver the Service; and
(iii) to give permission for The Geek Company’s technical support agents to remotely access and monitor the Customer’s computer systems and network for the purposes of fault diagnosis and resolution.

(
d) The Geek Company does not guarantee that it will be able to fix all faults reported by the Customer, or that The Geek Company will be able to advise on all service related issues.

(e)
The Customer accepts that The Geek Company will not be liable for any failures in the supported applications and operating systems that cannot be resolved using the Service, or for the Customer’s failure to correctly follow the Geek Company’s advice and recommendations. The Geek Company recommends that the Customer regularly and frequently backs-up any stored data, as The Geek Company cannot accept any liability for loss or corruption of the Customer’s data.

(f) If a fault is due to a failure in the Customer’s equipment, which is not covered by the Service, it is the Customer’s responsibility to arrange for the repair or replacement of it

5.10 Cancellation Policy

A minimum of 24 hours notice of cancellation is required for home visits and one-off support calls. Notification can be made in person, via email, mobile phone, text message, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £20 charge to cover any subsequent administrative expenses.

 


5.11 Termination of Agreements and Refunds Policy

 

Both the Client and Ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.


6 Availability

Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

7 Log Files

 

We use IP addresses to analyse trends, administer the site, track user’s movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

8 Links to this Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.


9 Links from this Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of such sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

10 Copyright Notice

Copyright and other relevant intellectual property rights exist in all the text relating to the Company’s services and the full content of this website.

 

11 Communication

 

We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our website or via the Company’s stated telephone numbers.


12 Force Majeure

 

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

13 Waiver

 

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.


14 Applicable Law

The laws of England and Wales govern these terms and conditions. By accessing this website, using our services and buying our products you consent to these Terms and Conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.


15 Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our customers’ personally Identifiable Information collected from our site, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

 

© The Geek Company 2010 All Rights Reserved