Terms & Conditions

IMPORTANT!

Your Right To Cancel

If you call us and request our Remote Support Service (as defined below), it is agreed that we will provide that service to you at a suitable time arranged by you. Your contract with us for that service is made when we take your payment details. You may cancel the contract for our Remote Support Service at any time before we commence supplying our service to you. We will tell you this when you ring.

(Please note that under the Consumer Protection (Distance Selling) Regulations 2000 you have the statutory right to cancel your contract with us for a maximum period of seven working days beginning on the day on which the contract is concluded, but such statutory cancellation rights will end earlier as stated above if you either agree to an appointment time that occurs before the end of this seven working day period (in respect of the Home Support Service) or if you request our Remote Support Service.)

These terms of service do not affect your statutory rights. If you require any advice or assistance we would suggest you

contact your local branch of the Citizens' Advice Bureau who should be able to help.

1 Our Services

1.1 The following services are available from Eco PC Support Services:

1.1.1 Remote Support

If you take this service, we will provide you with a effective method of reducing Carbon emissions for yourself and our technicians. We will with your acceptance contact you via telephone and instigate a remote connection between your Pc and ours. This will enable us to rectify a range of faults and give support on a range of software titles including:

i. Provide general support and instruction on operation.

ii. Diagnose and rectify a range of PC faults

iii. Review and install security products and Parental protection to protect your family.

1.1.2 Home Support

If you take our Home Support Service, we will agree the scope of the services to be provided to you and the applicable fee at the time you place your order with us. The service we provide to you may include set up and configuration of your home computer(s), including:

i. Continuation and repair of faults that cannot be rectified by remote support alone.

ii. networking peripherals and equipment;

iii. networking fully licensed original copies of software; and

iv. networking fault diagnosis and rectification.

Our Home Support Service is currently only available to customers in selected post-codes within the area by pre-booked appointment. For details of the applicable post-codes and our schedule of fees, please call us on 01279 306356. From time to time, we may agree to provide our Home Support service to customers in post-codes outside our standard service area. If we agree to do this you may be required to pay an additional fee, which we will tell you when you make your appointment for a Eco PC Support Services technician to visit your home.

1.2 We will not be able to provide you with support on any of the following:

(i) File servers;

(ii) File server operating systems;

(iii) Domain & active directory based networks;

(iv) Virtual private network (VPN) & wide area networks;

(v) Multi-subnet networks;

(vi) Complex firewall configurations.

2 How To Get Our Services

2.1 You can access our Remote Support Service between normal working hours as detailed on 01279 306356.

2.2 If you wish to make an appointment for our Home Support Service, you can do so by calling us on 01279 306356. Appointments for our Home Support Service can be made for any time of day. However, if you wish to make an appointment for a Eco PC Support Services technician to visit your home after 5pm and before 9am in the morning, you may also have to pay an additional fee. Appointments are also subject to availability. We will advise you of current availability when you ring to make an appointment. Please call us on 01279 306356 for further details.

2.3 Calls to our 01279 306356 number are charged at current rates from a BT, Onetel or TalkTalk landline. Call costs from mobiles and other service providers may vary, please check with them for details. We may monitor and record calls to this number for quality and training purposes.

3 Minimum Requirements for our Services

3.1 If you take either of our services, you must have a fully working and licensed personal computer meeting the following minimum requirements:

(i) Windows 2000 (or a more recent version) or XP operating system;

(ii) Processor speed of 233MHz or above;

(iii) 256MB RAM;

(iv) 200MB available hard drive space;

(v) an available USB, ethernet or wireless port; and

(vi) a compatible modem or, where applicable, wireless router.

3.2 The following additional system requirements also apply for wireless networking:

(i) All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM;

(ii) Password(s) for operating systems and / or your Internet Service Provider must be available at the time of service;

(iii) Your Operating System disc and Key Code must be available at the time of service;

(iv) All computers and peripherals to be networked must be installed and operational prior to the time of service, including connection any broadband modem.

4 Your Responsibilities

4.1 If you take either of our services, we will provide the service to you subject to the following conditions:

4.1.1You must have valid software licences for your operating system and all applications on your computer(s). You must supply details of the relevant licence keys if we ask you for them.

4.1.2You must back up your Software and Data. You agree that prior to contacting us to perform diagnostic repairs or to provide other technical support on or in connection with your computer(s), and either on-site or remotely, it is your entire responsibility to protect your personal computer and to backup all data, software, information and other files that are stored on any and all computer disks and drives you may have.

4.1.3You must make sure an adult is present. For any on-site services that we supply, a person ofat least 18 years of age must be present the entire time that our technician is providing the services. If the Eco PC Support Services technician arrives at your home to provide our service and no adult is present, service may be denied and a cancellation fee as specified in our schedule of prices may be charged.

4.1.4You agree to follow our reasonable instructions, including any security instructions. This may include installing any equipment of software that we advise and following any other reasonable instructions that we may give you about the service we provide.

4.1.5You must give us access as follows.

(i)Remote Support - Eco PC Support Services’s technician will ask you for consent to access your computer using our remote access facility before or during the provision of this service. You will only be asked to allow remote access before each session. You must agree to this access to enable us to provide the service. If you do not, we may not be able to provide the service to you.

(ii)Home Support- You must provide the Eco PC Support Services technician with full access to the computer(s) and / or peripheral(s) to be serviced and such access as is necessary to your residence. You agree to give your consent for the technician to do this and also agree to co-operate fully and provide the technician with a safe working environment, working space and electrical power. If the Eco PC Support Services technician arrives at your premises and reasonably determines that you are unwilling or unable to provide the access, co-operation or safe working environment as described above, then service may be denied.

4.2 If you are unable to comply with any of the above requirements, we may be unable to or will be entitled to decline our service to you. We may also charge you a cancellation fee as specified in our schedule of fees and prices.

5 Our responsibility to you

5.1 We may not be able to advise on all issues or to repair or solve all problems that you ask us to, but to the extent that we cannot advise on an issue or repair or solve a problem that we agreed was included in the scope of our services then we will refund any applicable fee paid by you to us. Separately we may not be able to fulfil any service requests that fall outside the agreed scope of our services, in which case no refund will be payable.

5.2 We will not be responsible to you:

(i) For any inherent failures in or caused by the supported applications and operating systems or third party products supplied by us;

(ii) For the repair or replacement of any equipment that is faulty (as reasonably diagnosed by us during the provision of our service to you);

(iii) For any failure by you to follow our reasonable advice, recommendations or instructions;

(iv) If either we, including without limitation any of our technicians, agents, contractors or third party service providers are impaired or stopped from providing the service by you for any reason whatsoever or are otherwise unable to provide a service to you as a result of any event that is outside our reasonable control;

(v) For any damage to your hardware or equipment.

5.3 Our Eco PC Support Services technician will use reasonable endeavours to keep any appointment you make with us for our Home Support Service, but we cannot guarantee that the technician will arrive on time in each case. If a technician is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. From time to time, factors outside our control may also require that we re-schedule an appointment. If we have to do this, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment due to circumstances beyond our reasonable control.

5.4 Nothing in these terms of service shall exclude or limit our liability for death or personal injury caused by our negligence or that of our technicians or agents, or for any liability arising under Part I of the Consumer Protection Act 1987.

5.5 We shall not be liable to you for:

(i) any loss that is not reasonably foreseeable;

(ii) any loss calculated by reference to profits, income, or business (or loss of such profits, income, or business);

(iii) any loss of goodwill;

(iv) any loss or corruption of data; or

(v) any losses you may suffer arising from your use of (or failure to use) any anti-virus software.

5.6 We do not accept liability for the acts or omissions of any providers of telecommunication services.

5.7 Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £1,000 for any one incident or series of related incidents.

5.8 The limitations of liability set out in this clause 5, are in addition to any other provisions limiting our liability set out elsewhere in these terms of service.

5.9 Nothing in these terms of service shall impose any liability on us in respect of non-performance of a service where the performance claimed is outside these terms of service or where such non performance is directly due to your acts, omissions, negligence or default.

5.10 We shall have no responsibility to you for any goods, services, information, software or other materials that you use or obtain when using your personal computer whether offline or online for accessing the internet (including e-mail).

6 Purchase of Goods

6.1 If you purchase any Eco PC Support Services branded goods from one of our technicians you must inspect those goods as soon as reasonably possible after you receive them, and to tell us of any damaged or missing items from those goods as soon as reasonably possible by calling us on 01279 306356.

6.2 We will use reasonable endeavours to repair or replace any goods you buy from us if they are faulty or damaged or if they become faulty within 28 days of purchase, and we will not repair or replace them if you are responsible for the fault. You must keep any damaged or faulty goods to us (including all cables and software that may have been supplied with the goods) in the original packaging.

7 Eco PC Support Services Promise

7.1No Fix, No Fee. With all services offered we will begin, and with your permission, try to assess the nature of the fault remotely. If we are unable to fix the fault remotely we will arrange for a Technician to attend your premises at a pre-arranged time and date to follow up and complete the repair. If we are unable to fix your fault within a reasonable time we will refund any charges made.

7.2Exclusions. For any repairs necessitated by a virus or spyware, each of the above service warranties is only valid if you have up-to-date anti-virus and anti-spyware protection installed or updated during the repair or immediately thereafter. This service warranty excludes any defective hardware or other products.

8 Charges and Payment

8.1 Details of our current prices and payment terms for each of our Services can be found by calling us on 01279 306356.

8.2Remote Support.

(i) Calls to this service are charged for each 30 minute or part thereof. A remote session may last up to 2 hours. If you need to extend the time of your call, you will be required to pay an additional charge or to call back again. We will advise you of this during the call.

(ii) We will ask you for details of your credit or debit card and, in providing this to us, you will thereby be providing us with the appropriate payment authorisation, before we provide our service to you. You agree to pay us the applicable fee by the end of the call and we will take the relevant fee from you using the details you have provided. Any fault rectification remote support provided that is not completed  will only be refunded when taking our in home service as detailed below. Remote support charges  made for, advice, tuition or consultancy are not eligible for refund under any circumstances.

8.3Home Support.

(i) The charge for a Eco PC Support Services technician to visit your home and supply this service is based on a 2 Hour Maximum appointment, but notwithstanding this time slot you acknowledge that in visiting your home we will be using a reasonable amount of time to complete the job (which may be more than 2 Hours), unless you instruct us otherwise. If you do not use all of the allowed 2 Hour time slot, you will not receive any discount or refund for the unused period and you may not save it for a further visit. If we stay longer than the 2 Hour time slot (in using a reasonable amount of time to complete the job) or if you otherwise need to extend the period of your appointment, you may be required to pay an additional charge or to make a further appointment at another time. The Eco PC Support Services technician will advise you of this during the appointment. Where the support was instigated by means of an eco friendly remote support session, as detailed above, charges made for the remote support will be credited and a charge will be made for the home support call. If you choose not to take our Home support service after recieving uncompleted Fault rectification remote support then the remote support charge will still be payable, enabling you to choose an alternative supplier of in home support services.

(ii) You agree to pay us the applicable fee upon completion of the appointment by either Cash, Cheque or Credit/Debit Card.

8.4 You also agree to pay us for any goods that we provide to you and any charge for a cancellation, re-scheduled or missed appointment that you may be obliged to pay us in accordance with these terms of service.

9 What happens if you want to cancel, re-schedule or if you miss an appointment

9.1Cancelling or Re-Scheduling an Appointment. You may cancel or re-schedule a Home Service appointment at any time up to two hours before the appointment time without charge. If you wish to cancel or re-schedule after this, we may charge you a cancellation or re-scheduling fee.

9.2Missed Appointments. If you are unable to keep a Home Service appointment you have made with us, we may charge you for a missed appointment.

9.3 For details of our charges for cancellations, re-scheduled or missed appointments please call us on 01279 306356

10 Use of Your Information

10.1What Information we may collect. While taking advantage of services from Eco PC Support Services, you may be asked to provide personal information in order to facilitate your transaction. We may also hold information that you provide when you contact Eco PC Support Services to schedule an appointment for services at your home or office, for assistance or with a question, participate in a promotion or research or participate in other activities with Eco PC Support Services. This information

(“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and Credit or Debit Card information, occupation and employment data, lifestyle information and details of how you use the Services.

10.2 In the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of these Terms of Service.

10.3How Your Information may be used. Your information is held and used by us in the course of providing you with agreed upon services. It may also be held and used by us for a number of other purposes and we may use third parties to support us with these purposes. The third parties with whom Eco PC Support Services conducts business are only authorized to use your personal information to perform the service for which they were hired. As part of their contractual obligations, these providers are required to follow the privacy guidelines provided to them and to take reasonable and appropriate measures to ensure your personal information is secure. We may use third parties without limitation as described below:

10.4.1 processing your order; administering your account and billing, including allocating or offering you rewards, discounts or other benefits; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your Credit or Debit Card details; dealing with requests, enquiries or complaints and other Customer Care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;

10.4.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about Eco PC Support Services’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may use this information to send you marketing communications and may tell you by automated means or otherwise, including by email, fax, SMS, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;

10.4.3 contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;

10.4.4 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or

10.5 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.

10.6 We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.

10.7The Information Commissioner A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see:

www.dataprotection.gov.uk.

10.8Access If you would like us to tell you what information we hold about you, please call us on 01279 306356 and we will send you details after confirming your identity. We may charge a £10.00 administration fee; please quote your full name and address with all requests.

10.9Opting OutIf you do not wish your details to be used for the purposes described in clauses 10.4.2 and 10.4.3 please write to us at the above address stating your full name and address.

10.10Security of Your Information Eco PC Support Services has security measures in place and takes reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under Eco PC Support Services’s control.

10.11Remote Access Eco PC Support Services may offer remote access service to assist in diagnosing and resolving system issues. This process allows a Eco PC Support Services Agent to remotely access your computer to determine the problem and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, you are giving permission to a Eco PC Support Services Agent to log into your computer which may contain personal information. A Eco PC Support Services Agent will only search your computer to determine the cause of the problem and will attempt to limit their interaction with your files to a minimum. It is your responsibility to ensure all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.

11 Matters Beyond Our Reasonable Control

11.1 Sometimes we are unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept responsibility for what has occurred.

12 Transfer

12.1 You may not transfer the whole or any part of the Contract without our prior written consent.

13 Disputes

13.1 If you have a complaint or query regarding any aspect of either of the Services, please call us on 01279 306356.

13.2 We aim to fully resolve all email queries within 5 working days of receipt and all written queries within 7 working days of receipt.

14 General

14.1 If any particular clause of these Terms of Service shall be, or be held to be, invalid or shall not apply to your contract with us, the other clauses of these Terms of Service shall continue in full force and effect.

14.2 Any notice which has to be given under these Terms of Service shall be in writing and shall be deemed to have been given by us if, left at or sent by post to you at the address stated in your application or any other UK address you supply to us for this purpose, or by you to us at the address given. Any notice or document shall be deemed to have been delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). References in these Terms of Service to notices given to you by us “in writing” also include by SMS (which must be sent to your Mobile Phone number) and by email, which must be sent to your email address stated in your application or any other email address that you supply to us for the purpose. Notices given by us by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent. For the avoidance of doubt you shall not be entitled to serve any notice on us pursuant to these Conditions by sending an SMS.

14.3 Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.

14.4 Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.

14.5 Except in the case of any permitted assignment of the Contract, a person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.

14.6 These Terms of Service, and all other legal relationships between us shall be governed by English Law and are subject to the exclusive courts of England and Wales.

14.7 The provisions of this Clause 14 shall apply mutatis mutandis to any Additional Terms attached hereto and incorporated by reference to these Terms of Service.

E& O.E.

Correct March 2009.