Standard Terms and Conditions – COMPUTER REPAIR SERVICE
In these terms and conditions, references to “we” and “us” are to K.WILKIE COMPUTER SERVICES or KWCS. By using services provided by KWCS, you are entering into a contract with us. The terms below set out our obligations to you, and what you are agreeing to:
IMPORTANT: You are responsible for ensuring that you have backed up all data on your computer before we access your system. We will not be responsible for any loss of data, pictures, information or programs on your computer unless you have previously requested we take a backup for you prior to completing any work.
If you have not made any backups of your data then we can do this for you. Please contact us as soon as possible to arrange for your data to be backed up before we start work on your computer. Please note, mechanical failure of your hard disk or other components inside your computer can occur without warning during our intensive diagnostics. Virus and malware infections can also damage your data and could lead to unpredictable problems and could result in data loss.
For some jobs, we may need to re-install your operating system. This involves wiping your hard disk clean and re-installing the operating system back to the point when your computer was first purchased. We will contact you prior to doing this but if you require your data to be backed up prior to the wipe and restored back to your computer once the operating system has been re-installed, please let us know. There will be additional charges associated with this service.
On-Site Repairs and Services
Some issues are not able to be resolved on-site and it may be necessary for your computer equipment to be taken to our workshop to resolve your problem.
If you book an on-site mobile repair technician appointment we will need the following at the time of appointment:
(a) Full access to the equipment being repaired. (b) Electricity mains power & Lighting (c) Your agreement to follow our reasonable instructions
Your computer system should have a valid Windows operating systems or Apple OS X operating system installed. If you have not, we will need to purchase and install a retail version of the relevant operating system for your computer. Additional costs and time will be involved. We are unable to work on unlicensed operating systems.
Liability exclusions
Although we do not have specific knowledge of your computer configuration we will attempt to minimise disruption to your system as much as we can, but we cannot be responsible for any unforeseen issues that may arise from any of our services.
Please note that if your computer system or equipment is under manufacturer warranty, our services may affect this manufacturer’s warranty validity. It is your responsibility to assess the effect of our services on any manufacturer’s warranty.
We cannot be held responsible or liable to any service performed for you regarding any loss of data, data corruption, loss of images, documents or information, any financial loss, or loss and interruption to business or contracts, any failure by you to follow our reasonable recommendations or instructions, any losses or issues you may suffer due to your use of (or failure to use) any anti-virus software, or any loss that is not reasonably foreseeable.
Free Diagnostics
It can take many hours to fully diagnose your computer. This is a free service we offer to all our residential customers on condition that we repair your device while your device remains on our premises. If you decide to not go ahead with the repair, a nominal diagnostics charge of £35.00 will be applied, or if your device is beyond economical repair we are happy to recycle your device in lieu of our nominal diagnostics fee. Business / Trade Customers will be charged £30.00 plus the £35.00 diagnostics fee.
Repair and Diagnostics times
Although we aim to get your device repaired / diagnosed as quickly as possible, the service can sometimes take longer than anticipated. We normally aim to diagnose and repair within 3-7 business days but sometimes the repair can take longer. We often have to source parts from outside of the UK which can take several weeks before we receive the parts and clear customs. We will not be held responsible for any repairs that exceed our estimated completion time. We will make every effort to inform you if we expect a delay in our service. If you would like a status update please get in touch with our repair centre or send us a message from our website or Facebook page.
Repair / Service cancellations
It can take many hours to fully diagnose and repair your computer and often we need to purchase parts that are required for your repair. If at any time you decide to cancel the repair you will be liable to make payment of any parts ordered for your repair and a calculation of the cost of labour to the maximum of the agreed quoted cost of repair will be charged. We will not release any item back to you until payment in full is received.
Abandoned Goods
Once your repair has been completed, we will contact you either by telephone, email or sms/text message to let you know it is ready for collection. If you have not collected your device or contacted us to arrange collection or delivery within 28 days from this notice of completion, we may exercise our rights under the Torts (Interference with Goods) Act 1977 and treat it as ‘abandoned goods’ and start procedures to discard / sell it in lieu of any outstanding / owing amounts owing to us.
Collection and Return Delivery Services
We offer a FREE Collection and Return service within a 10 mile radius of our Repair Centre, and will always aim to collect and/or deliver your device at the time and day confirmed with you. However, any and all MISSED or REFUSED collections or deliveries will incur an additional charge of £10.00 to cover travelling time and expenses.
Personal Data
During the booking in of your computer we will ask you for certain details which we require to perform the service. This includes your name, address, phone numbers and email address. We may also require your administrator password to access your computer to complete our service. We may record or keep a detailed note of these details along with any conversations you have with our engineers for records purposes. Any records we keep about you or your data / device, falls under our General Data Protection Regulations [GDPR] Policy – please see our website or ask for a hard copy.
Payment & charges
- Device Repairs
You will be issued with an invoice upon completion of any break-fix repair or upgrade work carried out. We have the right to withhold your device until full payment of this Invoice has been made.
- Managed Services
All Managed Service payments are due on the 1st day of each calendar month to be paid one month in advance unless specifically stated in your Package Service agreement. If payment is not made on the agreed due date, we reserve the right to suspend or cancel the services, and add 12% APR late payment charges to your account, until such a time when all outstanding payments have been made. In the event that your account is still outstanding after 90 days past the due date, we will seek legal advice and/or forward the debt to an external agency for collection, and you will also be liable for any fees associated with this.
Managed Services Contract Termination
1.
You may terminate your Service agreement at any time by giving us a minimum of 30 days written notice in advance. Termination will be effective from the last day of the period for which you have already paid or the last day of any other agreed minimum period if later and you are liable to pay all charges up to the effective date of termination. If you wish us to terminate the contract part way through a period for which you have already paid, no refund will be given for the remainder of the pre-paid period.
2.
Either of us can end your Service agreement immediately on notice if the other: (a) commits a material breach of the agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; (b) commits a material breach of the agreement which cannot be remedied; (c) is repeatedly in breach of the agreement; or (d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.
3.
We can end the agreement with immediate effect if we have previously terminated your use of any service due to your breach of any terms of this contract, including non-payment or persistent late payment of monthly fees.
Matters beyond our reasonable control
If we cannot do what we have promised in these terms and conditions because of something beyond our reasonable control, we will not be liable for this. If this continues for more than 14 days, you can terminate this contract by giving us written notice.
Our liability to you
We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data (including but not limited to emails) being lost or corrupted.
Waiver of rights
Neither of us shall be considered to have waived any right under these terms and conditions because of failure or delay in exercising that right.
Third party rights
A person who is not a party to these contract terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
The law relating to these terms and conditions
English Law governs these terms and conditions, along with any and all Service agreements and Contracts between us and we both agree to the exclusive jurisdiction of the English courts.
General terms
1. We are not a VAT registered company.
2. Quotes are only valid for 7 days from the date of issue.
3. When a quote has been accepted and a service, repair or development project approved by you (the client), all invoices must be paid within 14 days of the repair being completed, or project going live.
4. The acceptance of a quote either verbally, in writing or by email shall be deemed as a contractual agreement between the client and K. Wilkie Computer Services.
Data protection act
We promise categorically not to knowingly divulge any personal information you may supply to us in confidence to any 3rd party source. For full information regarding the collection, use and storage of your data, please refer to our separate GDPR policy document – ask us for a hard copy.
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