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
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
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
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
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
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
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
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
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
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
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
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
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)
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
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.
8.1 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
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"
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.
9.1 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
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
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.
10.1 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.
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.
13.1 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.
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
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.
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
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.
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.
you have any questions concerning theTerms & Conditions, please
The PC Office, 71 Neepsend Lane,
Sheffield, S3 8AT.