TERMS & CONDITONS

1. DEFINITIONS
In this Contract unless the context otherwise requires: "Services" means IT support, equipment purchasing, web site production, web site hosting, email provision and any other service or facility provided by us to you; "Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services; "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet; "Contract" means the Contract between “The PC Office” and the user incorporating these conditions, the Order Form (where completed) and The PC Office's published charges for the provision of its services; "Charges" means the charges as agreed on the Order Form (where completed) and latest published prices for products and services requested or incurred during the Contract period; "Equipment" means equipment which is supplied by or on behalf of The PC Office to the customer or placed at or on a Site for the purpose of providing Service; "User" means you the customer or any person who makes use of the services though you or on your behalf; "minimum Contract term" means the minimum period of service as specified;

2. IT SUPPORT CHARGES
2.1 Home users are classed as persons who do not use their computer for business or commercial purposes and keep their computer systems in a domestic house.
2.2 Business users are classed as persons who use their computer either solely or partly for commercial activities; this includes charities and any other non-profit making organisations. Persons working from a domestic household as premises are classed as business users.
2.3 A callout is classed as an engineer or member of staff from The PC Office leaving our premises in order to visit a computer system located elsewhere, whether in a domestic household or commercial premises. There is currently no callout fee for home users or business users.
2.4 Labour is classed as work carried out for or on behalf of an individual or company by The PC Office Labour is measured in time and may include physical work on hardware, software installations, advice given and any other time consuming activity required by the customer. The rate of labour for home users and businesses is in our published prices for products and the minimum labour charge is for one hour.
2.5 Callout fees and labour charges are subject to change at any time. It is deemed the customer’s responsibility to check costs before requesting a callout or labour work.
2.6 All labour and/or work carried out by The PC Office is either demonstrated or explained to the customer prior to leaving the premises or returning the hardware. The installation of any software or programs by the user after The PC Office has carried out work is deemed to have altered system settings and therefore invalidates any warranty that may have been given on software and/or operating system functionality.
2.7 The acquisition of a virus or virus related material after The PC Office have performed work on a system invalidates any agreement that may be in place regarding the functionality of any software or operating systems. Due to the nature of computer viruses rectification of any damage or inconvenience caused by a virus is chargeable at all times regardless of the situation.

3. NEW HARDWARE WARRANTY
3.1 All brand new computer systems and components come with 12 months manufacturer’s warranty as standard. The expiry date of this warranty is precisely 12 months from the date on the invoice supplied with the equipment.
3.2 The PC Office will be referred to as “the supplier.” The individual or company detailed on the invoice shall be referred to as “the purchaser”. This warranty is non transferable.
3.3 Failure of new hardware components caused by faulty existing or second user hardware components are not covered by this warranty. In the event of new hardware being damaged by existing hardware, the supplier will not meet the cost of repair or replacement. Any hardware that is damaged by a virus related program or any other software is not covered by this warranty. Hardware damaged by BIOS modifications made by the purchaser will not be covered by the warranty. Hardware damaged caused by environmental issues (e.g. power surges, lightening damages) are not covered by the warranty.
3.4 If any panel of the casing on a computer is found to have been removed at any time during the warranty period, the warranty on the system is immediately invalidated. A secure adhesive label will be placed over the removable section of casing. If this label is found to have been tampered with, torn, broken, disrupted or removed, the warranty is immediately invalidated. This is the case without exception. In the event of the warranty being invalidated by any of the methods described above, the purchaser will be charged the supplier’s current fees to correct or repair the fault plus the cost of any replacement hardware.
3.5 In the event of mistreatment of the hardware, e.g. rough handling, deliberate tampering, incorrect operating or storage conditions, or any other form of mistreatment, the warranty will be invalidated and the supplier’s will not be obliged to carry out any repair or replacement work on the system. In the event of the purchaser having an overdue account with the supplier, the warranty is suspended until payment has been received in full and any cheques cleared by the bank.
3.6 When individual components have been supplied to the purchaser, if a fault is found the supplier will test the faulty hardware and will replace it only if the purchaser or the purchaser’s computer did not cause the fault. The supplier is not liable for any damage caused to the purchaser’s computer by the supplied hardware. Testing cannot always be carried out on site. Any replacement parts will be supplied within seven working days if possible. In the event of a fault with a computer system, the system may be taken away for testing and returned within seven days. Equipment located over 10 miles from the supplier carries a return to base warranty. All other equipment carries an on site warranty.
3.7 In the event of a claim under warranty, the purchaser must report the fault to the supplier by telephone or in writing within 24 hours of the fault occurring. Please arrange with the supplier for a convenient time for inspection. Any warranty call outs, which in fact are not a warranty matter, or are due to operator error, will be charged for at the supplier’s current hourly rate and call out fee.
3.8 If a fault is found, the faulty component will be repaired or replaced. The supplier is under no circumstances obliged to replace the entire computer system or any other hardware device. Components will only be replaced refunds are not given. The supplier cannot be held responsible for any data loss or corruption at any time. Data backup is the responsibility of the purchaser at all times. No second user equipment is covered by this warranty.
3.9 When the warranty expires, all work and/or replacement parts will be charged for at the supplier’s current rates. Under no circumstances will work be carried out under warranty after the expiry date.
3.10 Every new computer system is sold with an information document describing the system's specifications. Where these specifications do not detail any installed software, The PC Office cannot be held responsible for any software license agreements, as The PC Office has provided no software for the system in question.

4. SECOND USER HARDWARE WARRANTY
4.1 All second user desktop computer systems come with 6 months warranty as standard. Printers 90 Days and laptop computers come with 30 days warranty. The expiry date of this warranty is precisely 6 months (90 or 30 days, as applicable) from the date on the invoice supplied with the equipment. Second user hardware, which is not part of a supplied system, comes with 90 days warranty. Where The PC Office has delivered equipment directly (not via a third party), the warranty is classed as on-site. Equipment that has been collected from the premises of The PC Office will come with a Return To Base warranty only. Any equipment that cannot be repaired will be replaced with equipment of similar specifications. Replacement equipment may not be by the same manufacturer as the faulty equipment.
4.2 Second user warranty is also subject to the following clauses; 3.3, 3.4, 3.5, 3.6, 3.7, 3.8 and 3.9

5. DOMAIN NAME REGISTRATION
5.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that registration is successful. Any action taken by you before such notification is at your risk.
5.2 The registration and use of your domain name is subject to the terms and conditions applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
5.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
5.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
5.5 We shall not release any domain to another provider unless full payment for that domain has been received by us.
5.6 In the event that a domain name is requested to be transferred from us to any other provider, our standard transfer fees will apply. This applies to all domain names held with us.
5.7 Under no circumstances will we release a domain name from our servers if a balance is outstanding on the customer’s account. Domain names will only be released when all outstanding invoices have been paid in full and the appropriate bank has cleared payment.
5.8 Domain names are renewed every two years automatically. If a client's domain name is not required to be renewed, the legal registrant must notify The PC Office in writing at least 30 days prior to the expiry date of registration. Renewal charges are as detailed on our current price guide published on our web site. Charges are subject to change and any changes will be published on our company web site.

6. WEB PRODUCTION SERVICE
6.1 Unless otherwise agreed the client must provide all information required to complete the website within two weeks of giving approval of the work to commence. Where this information is not provided in time, causing the project to extend beyond the agreed completion date, The PC Office reserves the right to invoice for the full amount regardless.
6.2 When the client agrees that the site meets the requirements an invoice for the final amount will be issued. If the client has failed to provide the information required to complete the site within the agreed time scale the invoice for the full amount will still be payable. Upon settlement of this invoice the site will be upload to the client’s server or our web space.
6.3 All material supplied by the client shall remain the client’s property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.
6.4 Where required, The PC Office use a third party web site hosting company whose privacy statement read as follows:
“All information, mail messages and other data stored on the Company's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Company's back up services and/or providing the Customer with the Services and/or for the Company's own internal purposes such as market research”.
6.5 Should the client fail to provide the agreed material within the agreed time scale causing the project to slip beyond the agreed completion date The PC Office shall reserve the right to make additional charges. Should the client fail to provide the information within two weeks of the agreed date then The PC Office will consider that the client has cancelled the project. In these circumstances the client will be liable for the work that has taken place. (The PC Office cannot allow projects to drag on indefinitely affecting their ability to complete work for other clients.)
6.6 The PC Office will retain the copyright of any material, including the source code, created for the client by The PC Office until payment of the final invoice. At this time it will become the property of the client.
6.7 The PC Office is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. The PC Office can make no guarantees about the success of any promotion activity because the search engines control this.
6.8 Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
6.9 Additional meetings at the customer premises are not generally included in our estimate. We reserve the right to charge for additional meetings.
6.10 The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, the cost of any additional work will be added to the price quoted, this will appear on the final invoice.
6.11 Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed and deleted if payment is not received.
6.12 Review. You undertake to act reasonably and in good faith in requesting any corrections or alterations. We will take all reasonable care to ensure that site content is typographically correct. However the final responsibility for checking the content of the site lies with you. You shall have a period 14 days following our intimation in which to review the site.
6.13 Text supplied by you shall be typed up in a word processing application and supplied in a recognised and commonly used electronic format. Graphics shall be provided in a commonly used format to be mutually agreed. Photographs shall be provided on prints or such other commonly used format to be mutually agreed. Any other media or content shall be provided in a commonly used format as mutually agreed. Information not supplied in the agreed electronic format may incur additional charges.
6.14 Where Web Hosting is to be provided by a 3rd Party The PC Office will provide a copy of your Web Site on Compact Disc. Due to the nature of this, the ability to commission the Web Site may be limited and The PC Office takes no responsibility for the degradation of function or performance of the Web Site.
6.15 We shall have the right to add your Web Site to our link section on The PC Office Web Site, and to show any or all parts of the your Web Site as an example of The PC Office's work.
6.16 We reserves the right to place an icon and link that will redirect all visitors back to our Web Site, on all web pages that we create for you.
6.17 All E-Commerce and Customer Relationship Management Web Sites based on the osCommerce and PHPNuke platforms and are released under the GNU General Public License (GPL) meaning that the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.

7. WEB SITE HOSTING AND EMAIL
7.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
7.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
7.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
7.4 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor authorise or permit any other person to do so.
7.5 You will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction; (d) MPEG Layer Three (MP3) files.
7.6 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
7.7 You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.
7.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
7.9 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
7.10 Any access to other networks connected to The PC Office must comply with the rules appropriate for those other networks.
7.11 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
7.12 The PC Office does not back up client data stored on our servers. Although precautions are taken to ensure against the loss of data it is recommended that you keep an independent backup of all data stored in your web space.

8. CHARGES AND PAYMENT
8.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason you will be liable for a "returned cheque" charge of £25 as well as an additional administration charge issued by The PC Office.
8.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and all charges unless otherwise agreed are payable on completion of Services provision unless agreed.
8.3 You acknowledge that where Services are provided using facilities provided to us by third parties. The PC Office shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends.
8.4 If payment is not received on or before the due date The PC Office reserves the right to immediately reclaim, withdraw, suspend, disconnect or limit services. The PC Office will then commence proceedings in the county court to recover this outstanding account. This will be done with no further reference to the user.
8.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you. If such a suspension is imposed, you will be liable for any “disconnection” or "reconnection" charges.
8.6 Refunds cannot be issued on domain names, as The PC Office has to pay a supplier for your domain name. This applies even if you haven’t used your new domain or if you made an error whilst ordering the domain name. By ordering a domain name with The PC Office, you are agreeing to these terms and conditions.

9. DEFAULT
9.1 If you: do not pay the charges in accordance with the provisions of clause 8 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings. The PC Office can (without prejudicing, losing or reducing any other right or remedy) reclaim, withdraw or suspend service, including partially, temporarily without notice, albeit the user remains liable to pay rental during the suspension, or terminate this contract by immediate notice, without prejudice to The PC Office's pre-existing rights.
9.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.
9.3 You continue to be liable to pay all charges, which are due for Service during any period in which you do not comply with this contract.
9.4 If The PC Office waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by The PC Office in acting upon a breach is not to be regarded in itself as a waiver.

10. TERMINATION OF SERVICE
10.1 Any Contracts may be terminated by either party on giving at least 14 days notice to the other expiring on the last day of the minimum Contract term or at any time thereafter. If The PC Office gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges until 30 days after the date The PC Office receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Service already provided.
10.2 The PC Office reserves the right to terminate your account without notice, but normally suspending accounts will be the first cause of action.
10.3 Where The PC Office are providing web hosting, web space, e-mail services, domain name registration or database services: If the user wishes to cancel the agreement, this cannot be done after the renewal or billing date. Once the renewal or billing date has passed, the full amount must be paid in full. Cancellations of services provided by The PC Office must be done in writing prior to the renewal date. This is the case without exception.

11. NOTICES
Any notice to be given by either party to the other will be sent by either standard first class or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by first class / recorded delivery shall be deemed to be served two days following the date of posting.

12. MATTERS BEYOND THE PC OFFICE'S REASONABLE CONTROL
The PC Office is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers or our service suppliers, including telecommunications providers.

13. LIABILITY
13.1 The PC Office is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
13.2 The PC Office makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
13.3 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
13.4 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
13.5 The PC Office make no claims that any images or textual documentation displayed on their web site refer to their own premises, equipment or services. In the event that the legal owner of any images or textual documentation wishes to dispute The PC Office’s usage of such material, they are requested to contact us immediately.
13.6 Our total aggregate liability to you for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.
13.7 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

16. INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

17. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents.

18. ASSIGNMENT
You may assign all or part of this Contract to any other party only with the prior written agreement of The PC Office. The PC Office reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of the Computer Support Group.

19. LAW
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

20. HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

21. ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.


Revised March 2006. E&OE.

Should you have any questions concerning theTerms & Conditions, please contact
The PC Office, 71 Neepsend Lane, Sheffield, S3 8AT.