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TERMS AND CONDITIONS OF SERVICE
All customers and website visitors agree to be bound by terms and conditions of service set forth below upon usage of any services offered by PC Doctor Operations Ltd as defined herein. The content of our website is the copyright of PC Doctor Operations Ltd or other copyright owners and is protected by copyright law. All brand names and product names used on our site are registered trade marks or trade names of their respective holders. You may read and copy the material contained on our website solely for personal and non-commercial use.
By using our website you agree not to intentionally misuse it. Our website may contain hyper-links to other websites completely unrelated to us; we are not responsible for the content or practices of such websites. Service on our website may be interrupted occasionally and errors may occur. PC Doctor Operations Limited will not be responsible for any loss arising or occurring as a result of any interruptions or errors howsoever they may occur.
1. Definitions
1.1 In these terms and conditions the following terms shall have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;
“Business Hours” means between the hours of 8am – 5.30pm during a Business Day;
”Agreement" means a contract for the purchase by the Customer of Products or Services from PC Doctor Operations Ltd incorporating these terms and conditions and arising from the acceptance by PC Doctor Operations Ltd of a request to provide services;
”Customer” means the person, firm or company Request to Provide Servicing Products or services;
”Default” means any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;
“Company” means PC Doctor Operations Ltd or any such other business PC Doctor Operations Ltd may appoint as sub-contractor to provide the Services to the Customer;
“Intellectual Property Rights” means copyright, patent, trademark, service marks, registered designs, art work sui generis rights, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing;
"Licence Agreement" means any licence agreement relating to use of the Software;
“Request to provide Services” means any order for Products, or Products and Services, received by PC Doctor Operations Ltd from the Customer by telephone, e-mail or in writing;
"Services” means any configuration or installation services provided by the Company as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products;
"Software" means any computer software produced by a third party and supplied by the Company, whether embodied in ROM, RAM, firmware or on disk, tape or other media.
“Confidential Information” means all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Company or the Customer (as the case may be);
“Delivery Address” the address for delivery of the Products or Services as stated on the Invoice;
“Maintenance Charges” means the price payable for the Products or Services as specified in the Invoice and payable in accordance with the terms of this Agreement;
“Products or Services” means such products or Services to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer;
“Invoice” means the Invoice for the Products or Services;
“Specifications" means any plans, drawings, data or other information relating to the Products;
“On-site visits” means any services performed at the Customer's premises;
“Workshop Repairs” means any services performed on the Company's premises;
“Data Recovery” any attempt to recover, salvage or retrieve data from any computer storage media such as hard disks, floppy disks, USB disks, flash disks or any other computer-related equipment or media;
1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Agreement. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.
1.3 Any reference to a clause shall mean these terms and conditions unless otherwise stated.
1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions. 
2. Agreement Formation
2.1 Any request to provide Services submitted by the Customer to the Company and accepted by the Company shall be subject to these following terms and conditions which shall form part of and govern any Agreement.
2.2 Usage of any service or receiving any estimate or quotation for any Products and/or Services by the Customer, issued by the Company either verbally, by phone or in person or in writing including by email- shall be deemed acceptance of these terms and conditions. 
3. Maintenance Charges
3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Request to Provide Services are those current at the time of the Customer's enquiry by phone, by email or any other acceptable means.
  3.2 All quoted prices are exclusive of VAT and carriage and VAT and/or carriage will be added to the agreed price if applicable. Cost of parts required to carry out a successful repair will be extra and are not included in the labour charge quoted. In the event of an unsuccessful repair only the cost of the labour will be charged.
3.3 Maintenance Charges shall be paid by the Customer in respect of the Maintenance Services at the rate of Forty Pounds Sterling (£40) per hour together with VAT as required on the receipt of an Invoice which shall be submitted to the Customer within five (5) working days of the visit to the Customer by a Consultant of the Company.
3.4 The Customer will become liable to Maintenance Charges when a consultant from the Company visits the Site in response to a request from the Customer to provide Maintenance Services in accordance with Clauses 5.1 - 5.5.
3.5 If the Customer requires that the Company render its services outside the usual Business Hours the Customer an increased hourly charge of Sixty Pounds Sterling (£60) per hour payable together with VAT as required on the receipt of an Invoice which shall be submitted to the Customer within five (5) working days of the visit to the Site a Consultant of the Company.
4. Payment 
4.1 Payment for parts and services must be made by cheque or cash prior or upon the delivery of the services by the Company.
4.2 The Customer agrees that payment for services and carriage is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer's warranty.
4.3 The Customer should allow at least five (5) Business Days for the payment to be credited to the Company. The Company reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to the Company's bank account.
4.4 The Customer will pay no later than five (5) days following the date of the Company's Invoice and the Company reserves the right to suspend any further deliveries where payment is delayed. 
4.5 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to the Company under the Agreement have been paid.
4.6 If payment is not received by the relevant due date the Company may
charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of four (4) per cent per annum above the Natwest Bank plc Base Rate for the time being in force.
4.7 All payments made by the Customer to the Company shall be in sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever. 
4.8 The Customer agrees to make all payments due under this Agreement irrespective of any dispute or claim the Customer may have with or against any third party.
5. Maintenance Services
5.1 Maintenance Services shall comprise the provision by the Company of Routine Maintenance, Fault Repair Service and Software Support.
5.2 Routine Maintenance shall comprise:-
5.2.1 the routine inspection and/or testing (by prior agreed attendance on Site or remotely) by the Company of each item of Equipment and at such times as the Company in its absolute discretion shall deem appropriate; and/or
• the carrying out by the Company at the standard hourly rate of such repairs replacement of parts cleaning lubrication or adjustment to each item of the Equipment as the Company shall judge necessary as a result of said inspection and testing and/or (where there is a software fault) the issue of a software patch bug fix or avoidance procedure if made available by the Software Developer. Damage caused by the Customer or caused by events outside the control of the Company will be notified and charged at the current prevailing rate.
5.3 Fault Repair Service shall comprise:-
5.3.1 upon receipt of a request from the Customer the inspection testing and diagnosing (by prior agreed attendance onsite or remotely) by the Company of any fault reported in an item of the Equipment; and/or
5.3.2 the Customer must provide adequate communications provision for the access of the system using Adequate Communications Equipment including but not limited to such equipment as a modem or router (“Adequate Communications Equipment”) for the purposes of remote maintenance to include the remote download of software applications or updates to hardware as deemed necessary by the Company in its sole discretion. In the event of software only provision the Customer is obliged to provide to provide Adequate Communications Equipment and a suitable telephone connection.
5.4 Hardware and Software Support shall comprise:-
5.4.1 the issue of periodic notices to the Customer covering reported problems in connection with software and any avoiding action necessary; and/or
5.4.2 substitution at the Customer's cost of a later release of software providing substantially the same features and facilities to correct faults
5.4.3 Hardware and Software Support shall not include the use of proprietary software by the Company unless adequate training and notes are provided as to its operation.
5.5 If the carrying out of any Maintenance Services requires the removal and replacement of any defective parts, any such defective parts that are removed shall be the property of the Company and the Company shall be entitled to retain the same.
6. Warranties
6.1 The Company, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by the Company under an agreement with the manufacturer or supplier of the relevant Product.
6.2 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.
6.3 The Company may in its discretion offer support or maintenance services with respect to Products or services.
6.4 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and so far as is practicable all such other terms and conditions are hereby excluded.
7. Terms of Service
7.1 The Company will make every possible effort to preserve their customers' data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired and tested. The customer agrees not to hold the Company responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network, and the Company shall specifically not be liable for any loss or consequential loss howsoever arising.
7.2 If the Customer's computer develops a fault in the course of service delivery by the Company on-site or off-site, the Customer agrees not to hold the Company responsible for the fault unless the same is proved to be as a direct result of the wilful neglect or default of any engineer employed by the Company. However, the Company will use its best endeavours to remedy the problem at no additional cost to the Customer unless parts are required, whereupon the parts will be ordered and charged for.
7.3 All computers repaired in the Company's workshop shall be checked for viruses and are verified to be free from viruses before delivery to the Customer. The Company is not responsible for any virus infections that occur after the Customer has received the computer(s). A charge will apply for the removal of any virus(es) in the computer(s) after the delivery of the computer(s).
7.4 All the Customer's computers once repaired or declared irreparable, must be either collected or instructions provided as to its delivery back to the Customer within 14 days from the time the Customer is informed. If the Customer fails to collect the repaired or unrepaired computer, we reserve the right to charge the Customer for storage at a rate of £1 a day until the passage of a maximum of 8 weeks. The Customer must claim or collect the computer within 8 weeks, otherwise the computer will be recycled for parts and the Customer will lose ownership of the computer, or if considered appropriate by the Company the computer will be disposed of at the discretion of the Company or if prior permission is granted by the owner for disposal or recycle.
7.5 Where the Customer requires the Company to carry out any configuration or installation services either for the Customer and /or the end-user, the Company shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
7.6 The Company will use all reasonable endeavours to provide computer services in accordance with the terms of the Agreement and will ensure that all the Services are provided with all reasonable care and skill and by suitably trained and qualified persons.
8. Limitations of Liability
8.1 The following provisions set out the Company's entire liability (including any liability for the acts and omissions of its employees agents or sub-contractors to the Customer in respect of:-
8.2 Any breach of its contractual obligations arising under this Agreement; and
8.2.1 any representation statement of tortious act or omission including negligence arising under or in connection with this Agreement AND THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE.
8.3 Any act or omission on the part of the Company or its employees agents or sub-contractors failing within Clause 8.1 above shall for the purposes of this Clause 8.3 be known as an “Event of Default”.
8.4 The Company does not exclude or restrict liability for death or personal injury resulting from its own or that of its employees' agents' or subcontractors' negligence.
8.5 The Company does not exclude or restrict liability for damage suffered by the Customer as a result of any breach by the Company of the conditions as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
8.6 The Company shall not be liable whether in contract, tort (including but not limited to negligence or breach of statutory duty) or otherwise for loss (whether special or direct) by the Customer of profits, business, goodwill or for any direct or indirect or consequential loss whatsoever (including but not limited to loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the Customer incurring the same.
8.7 The Customer hereby agrees to afford the Company not less than 90 days in which to remedy any Event of Default hereunder.
8.8 Except in the case of an Event of Default arising under Clause 8.3 or 8.4 above the Company shall have no liability to the Customer in respect of an Event of Default unless the Customer shall have served notice of the same upon the Company within three months of the date it became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware.
8.9 The Company shall a) not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services; b) In no event will the Company be liable for any loss of data or loss of revenue or profits before, during or after services even if the Company has been advised of the possibility of damages or loss to persons or property.
8.10 The Company's liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services.
8.11 The Customer is deemed to be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of the Company. The Customer agrees not to hold the Company responsible for any damage or loss of equipment or media or data loss. In case of any damage or loss to the original media or equipment, the liability of the Company shall be limited to providing the customer with similar media or equipment of comparable price or capacity.
8.12 The Company will compensate the Customer for direct damage to the tangible property of the Customer caused by an Event of Default by the Company or its employees acting within the course of their employment and the scope of their authority and within the terms of this Agreement. The total liability of the Company under this sub-clause shall be limited to One Thousand Pounds Sterling (£1000 or the actual value if less) or the indemnification of the Customer for any pecuniary loss suffered whichever is the lower.
8.13 The Company shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of the Company for: (a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person.
8.14 Any advice or recommendations given to the Customer by the Company or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer's own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
8.15 Whilst the Company will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold the Company responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.
8.16 Nothing in this Clause 8 shall confer any right or remedy upon the Customer to which it would not otherwise be entitled.
8.17 Any exclusion or limitation of such liability shall be subject to the rest of reasonableness at law.
9. Termination for Breach of Contract
9.1 If either party commits a material breach of the Contract which is either not capable of remedy, or, if it is capable of remedy, they fail to remedy such breach within 28 days of being notified by the other party in writing to do so, that other party shall be entitled to terminate the Contract with immediate effect by notice in writing to the party that committed the material breach and without prejudice to any other rights or remedies of either party in respect of the breach concerned or any other breach of the Contract.
10. Intellectual Property Rights
10.1 All Intellectual Property Rights in or relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by the Company during the course of providing the Services shall vest in the Company or its suppliers as the case may be and the Customer shall have no title to or interest in any such Intellectual Property Rights except to the extent specifically agreed by the Company.
10.2 The Customer will notify the Company immediately if it becomes aware of any illegal or unauthorised use of any of the Products or any of the Intellectual Property Rights in the Products and will assist the Company and/or its suppliers in taking all steps necessary to defend the owners' rights.
10.3 The Customer undertakes to ensure that any Software which is sold to end-users or any other third party will be accompanied by any Licence Agreement (whether shrink-wrap or otherwise) relating to that Software and any other documentation which the Company or the Company's suppliers may require.
11. Severance
11.1 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
12. Confidentiality
12.1 Each of the parties hereto undertakes to the other to keep confidential all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of the discussions leading up to or the entering into this Agreement provided always that such information is described in writing by the party concerned to the other as confidential save that which is:
12.1.1 trivial or obvious;
12.1.2 already in its possession other than as a result of a breach of this Clause;
12.1.3 each of the parties undertakes to the other to take all such reasonable steps as shall from time to time be necessary to ensure compliance with the provisions of Clause 12.1 above by its employee's agents and sub-contractors.
13. Waiver
13.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.
14. Entire Agreement
14.1 This Agreement constitutes the entire Agreement between the Company and the Customer relating to the subject matter of this Agreement.
14.2 This Agreement shall take precedence over any previous agreements made between the Customer and any employee representative or agent of the Company on the subject matter of this Agreement to the extent that the terms and conditions of any previous agreement conflict with the terms and conditions laid out in this Agreement.
14.3 The Company shall not be liable to the Customer for loss or damage arising from or in connection with any representations agreements statements or undertakings made prior to the date of execution of this Agreement other than those representations agreements statements and undertakings confirmed by a duly authorised representative of the Company in writing or expressly incorporated or referred to in this Agreement.
14.4 The terms and conditions of this Agreement shall be in substitution for any other terms and conditions that may be binding between the parties in respect of the subject matter hereof including any terms and conditions proposed or referred to by either party to this Agreement (whether expressly or implied) in respect of the subject matter hereof and any terms and conditions which may or have been incorporated by the course of dealing between the parties.
15. Successors
15.1 This Agreement shall be binding upon and endure for the benefit of the successors in title of the parties hereto and the Customer undertakes that it will ensure that any agreement with its successors in title shall contain provisions similar to those contained herein.
16. Assignment
16.1 The Customer shall not be entitled to assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company.
17. Headings
17.1 Headings to clauses in this Agreement are for the purpose of information and identification only and shall not be construed as forming part of this Agreement.
18. Variation
18.1 The Company reserves the right to make reasonable changes to any of the terms of this Agreement from time to time. Such changes to these terms will be notified to Customers by the placing on the website the date at which the last change was made to terms of this Agreement.
19. Governing Law
19.1 This Agreement shall be governed by and construed in accordance with the Law of England and Wales and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.
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