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Last amended: 8th May 2006
All appointments, hardware, software and services are
subject to the following terms and conditions:
1. Where "we", "the vendor" and "us" is stated this refers to
thetechangel.com, and "you" being the end user is a
referral to yourself. The following terms and conditions apply
to all proposals and quotations made by
thetechangel.com or contracts entered into by
thetechangel.com. All orders and services are subject
to acceptance by thetechangel.com.
2. Definitions:
- "Hardware" means computer systems (excluding software)
and related parts.
- "Software" means software products whether owned by
customer or licensed directly to customer from a third
party.
- “Product" or "Products" includes Hardware and Software.
- "Peripheral" means any device with an external
connection to the computer system such as printers, monitors
and scanners.
3. All appointments made are fixed, but can be changed as
long as 24 hours or more, notice is given. In the event that
less than 24 hours is left till the appointment time, or you
wish to totally cancel the appointment, you are required to pay
one hour’s service fee.
4. By booking a time with thetechangel.com you here
by agree to these terms and conditions. Whether you have booked
the appointment over telephone, e-mail or online.
5. Please only telephone during business hours, Monday to
Friday; 10am till 6pm.
6. In the event of any equipment failure while
thetechangel.com is servicing such equipment, the
failure shall not be deemed to be the responsibility of
thetechangel.com.
7. You acknowledge and agree that you are responsible for
compliance with all applicable licenses or other agreements with
respect to Software. You further agree that:-
- a. any request by you for installation of Software by
thetechangel.com shall constitute your
representation and warranty that you have the right to use
the Software in the manner in which it is then being used,
- b. and thetechangel.com and its affiliates
shall have no liability whatsoever for breach of any license
or other agreement between you and any third party, and you
agree to indemnify and hold harmless
thetechangel.com, its owners, officers, directors,
employees, agents and affiliates from any and all liability,
damages, costs and expenses (including legal fees) arising
out of the breach of or non-compliance with any such third
party agreement.
- c. Normal billing rates will apply to labour for any
Product serviced by thetechangel.com under
warranty or not
8. Disclaimer of Warranties. THE WARRANTIES SET FORTH ABOVE
ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURCHASE, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED.
9. Limitation of Remedies and Damages:
- a. Customer agrees that thetechangel.com’s
liability and customer's sole and exclusive remedy pursuant
to any claim of any kind, including, but not limited to, a
claim in contract, tort, negligence or strict liability
shall be repair or replacement, at
thetechangel.com’s option, of defective Hardware
or parts there of.
- b. Customer acknowledges and agrees that the performance
of certain repair services to customer's Hardware by
thetechangel.com may void certain warranties
provided by the manufacturer of such Hardware. CUSTOMER
ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL
thetechangel.com OR ANY OF ITS AFFILIATES HAVE ANY
LIABILITY WHATSOEVER FOR ANY ACTUAL, COMPENSATORY, PUNITIVE,
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A
RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
- c. thetechangel.com cannot be help accountable
or responsible for loss of income.
10. Non-Solicitation of Employees. During the term of this
Agreement and for a period of 3 years after completion of the
services under this Agreement or termination of this Agreement
for any reason, customer agrees that it shall not, directly or
indirectly, solicit, hire, engage or attempt to solicit, hire or
engage any individual who is an employee of theopenworld.com
group at any time during such period. Because the actual damages
that thetechangel.com would sustain in the event that
customer breaches these non-solicitation provisions would be
difficult to ascertain, the parties agree in good faith that the
customer shall pay thetechangel.com as liquidated
damages. The parties acknowledge and agree that this is a good
faith attempt to estimate the actual damages that will be
sustained in the event of a breach and is not an attempt to
impose any kind of penalty. The foregoing provision shall not
limit the right of thetechangel.com to seek injunctive
or other equitable relief or to seek monetary relief incurred by
thetechangel.com in excess of the agreed upon
liquidated damages.
11. Any material that you obtain through
thetechangel.com is done at your own discretion and
risk, and you will be solely responsible for any potential
damages to your computer system or loss of data that results
from your download of any such material. Neither we nor any of
our partners makes any warranty that:-
- a. thetechangel.com will meet your
requirements,
- b. thetechangel.com will be uninterrupted
- c. the results that may be obtained from the use of our
thetechangel.com will be accurate or reliable,
- d. the quality of any products, services, information,
or other material that you purchase or obtain through
thetechangel.com will meet your expectations, and
any errors will be corrected. Neither we nor any of our
partners makes any warranties of any kind, either express or
implied, including, without limitation, warranties of title
or implied warranties of merchantability or fitness for a
particular purpose, with respect to
thetechangel.com, any content or any our services,
tools, products or properties. You expressly agree that you
will assume the entire risk as to the quality and
performance of thetechangel.com and the accuracy
or completeness of its content.
12. Neither we nor our partners shall be liable for any
direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use
thetechangel.com, even if you have been advised of the
possibility of such damages.
13. thetechangel.com holds the right to refuse
service to you at anytime, with out notice or reason. All orders
for goods accepted by thetechangel.com are accepted
subject to the following conditions which shall form part and
govern the contract of sale. Acceptance of goods shall be deemed
to be acceptance of these conditions of sale. Any term sought to
be imposed by a purchaser either in a document or otherwise that
conflicts with or adds to these conditions is not accepted.
14. Payment and Price:
- a. The vendor reserves the right to vary the
quoted price for the goods by upward additions in accordance
with market conditions at the date of actual supply and the
purchaser shall pay such additions in addition to the quoted
price. Price Lists do not constitute an offer.
- b. All invoices are due for payment on the date shown on
the invoice. Payment is to be made in sterling.
- c. Payment for any purchase made by customer is due at
the time services are rendered by thetechangel.com
or, with prior approval of thetechangel.com,
within thirty-one (31) days from the date of invoice.
Interest at the rate of 5% per month will be charged on
accounts past due. thetechangel.com reserves the
right to require cash on delivery or suspend delivery of any
order whenever customer's account is past due.
15. Availability of Goods:
The vendor will use its best endeavours to comply with the
date named for despatch or delivery which date is given and
intended as estimate only and is not to be the essence of the
contract. If owing to non-availability of the goods or any other
causes beyond the vendor’s control, the vendor shall be unable
to effect delivery hereunder it shall be at liberty to determine
the contract or part thereof by giving notice in writing to the
purchaser.
16. Property and Risk:
For so long as any amounts remain owing from the purchaser to
the vendor (whether immediately due or not) title to the
property of the goods shall remain in the vendor and ownership
will not pass to the purchaser until the vendor has received
payment in full. At any time after the due date for payment from
the purchaser to the vendor, and so long as such amounts have
not been received by the vendor in full, the vendor, at the
purchaser’s expense, shall have the right to enter the
purchasers premises and remove from there all goods which remain
the property of the vendor.
17. Design Variation:
Whilst the vendor makes every effort to ensure that goods
supplied correspond to in every respect with the sample,
specification or description provided as the case may be, the
vendor is not responsible for the minor variations in
specification, in colour or other design features, and no such
minor variation shall entitle the purchaser to rescind the
contract or shall be the subject of any claim against the vendor
by the purchaser.
18. Claims
- a. No liability for any claim for damage or
non-functionality shall be accepted unless the vendor is
notified in writing by the purchaser within seven days of
delivery. This period may be extended at the sole discretion
of the vendor where the manufacturer’s replacement policy
exceeds this deadline.
- b. No liability for any claim for missing items such as
manuals, etc. shall be accepted unless the vendor is
notified in writing by the purchaser within seven days of
delivery.
- c. In the case of manufacturers who operate direct
product support and returns procedures, the purchaser
accepts an obligation to process their claim directly
through the manufacturer.
- d. In the event that an issue or problem reoccurs after
a visit from thetechangel.com, for example a virus
reinstalling itself, spyware reoccurring, or malware reoccurring on a system,
thetechangel.com will not view this as failure to
deliver a service. Such circumstances are rare, however in
light of such issues thetechangel.com may be
required to make another visit. This intern will be deemed
as chargeable hours to the customer.
19. Guarantee:
a. The purchaser shall, unless otherwise, in writing, be
responsible for all carriage, telephone, postal and other
incidental charges incurred during the guarantee period.
b. Where a guarantee includes repair performed on the
purchaser’s premises, commonly known as an ‘on-site
maintenance’, this shall not apply outside the mainland of Great
Britain. Purchasers whose premises are on outlying islands will
instead receive return-to-base’ maintenance.
20. Returned Goods:
We hope that you are pleased with your purchase from
thetechangel.com. However, we understand that there
are occasions when you need to return goods to us.
- a. The vendor will not accept goods for credit or
rectification unless such return has been authorised by
thetechangel.com, and the goods are received by
the vendor in stock condition, with original packaging and
the vendor retains the right at its sole discretion whether
to accept the return of the goods or whether to rectify the
goods or whether to issue a credit note in respect thereof.
The vendor reserves the right to charge a restocking fee on
goods returned for credit which are not in stock condition.
- b. The purchaser shall unless otherwise stated be
responsible for the cost of outward and return carriage and
insurance of all goods returned by the purchaser to the
vendor for service or credit which goods shall be at the
risk of the purchaser until actual receipt of the goods by
the vendor. The onus of proof of safe delivery shall rest
with the purchaser.
- c. All items returned to the vendor by prearrangement
and found to contain no fault, will be subject to a 25%
restocking charge, providing the goods are in original stock
condition. Any downward variation of this restocking charge
shall be at the sole discretion of the vendor.
- d. No credit shall be allowed for goods until they have
been received complete.
- e. Goods Faulty on Arrival: If your goods are faulty on
arrival, you have 14 days to inform us of the fault. When
the goods are returned to us and the fault has been
verified, we’ll issue a full refund to you via your original
payment method.
- f. Goods Damaged in Transit: If your goods were damaged
in transit, we request that you report it to us within 7
days. If goods are visibly damaged on receipt, it is best to
sign the delivery note accordingly.
- g. Goods Faulty in Warranty Period: If your goods
develop a fault but it’s more than 30 days since receipt,
then provided your product is within its warranty period,
you are entitled to a warranty repair from the goods
manufacturer. In some cases,
manufacturers provide a special full on-site service and or
telephone help facilities for your convenience which of
course, we recommend you utilise in order to correct the
fault quickly.
- h. Used Stock: Please note that our used stock is sold
with 30 days warranty only, and therefore any claims under
the warranty after 3 months of receipt will be refused.
- i. If you have changed your mind: If you have simply
changed your mind about your order and you wish to return
your goods, then you can do so provided you inform us of
this decision within 10 days from receipt. The goods must
not be opened nor used and must be ‘as new’ when returned to
us. Once you’ve informed us of your decision to return
goods, you have 5 days to do so at your own expense. Once
goods are received back to thetechangel.com, we’ll
issue a full refund for the cost of the goods to your
original payment method. Please note this policy does have
some limitations.
- j. All contracts and guarantees given by manufactures of
equipment and peripherals are run directly between them and
you directly, and are outside of the code of terms and
conditions and the contractual relationship of
thetechangel.com.
- k. Except for any damage caused to a Product or
Peripheral during the shipping of such Product or Peripheral
to you or resulting from the installation of the Product or
Peripheral by thetechangel.com, our limited
warranty does not cover damage to Products or Peripheral due
to external causes, such as accidents; abuse or misuse of
the Product or Peripheral; spilled liquids on the Product or
Peripheral or immersion of the Product or Peripheral in
liquids; damage caused by disasters such as fire, flood,
wind, earthquake or lightening; problems with electrical
power; servicing or tampering of the Product or Peripheral
that is not authorized by thetechangel.com or use
of parts and components not supplied by
thetechangel.com; damage resulting from moving the
Product or Peripheral by anyone other than us; usage not in
accordance with instructions for the Product or Peripheral;
failure to perform required maintenance or the performance
of improper maintenance; damage caused by modifications,
changes, additions or attachments to the Product or
Peripheral that are not approved in writing by
thetechangel.com; damage caused by failure to
provide a suitable environment for the Product or
Peripheral; or damage caused by use of the Product or
Peripheral for purposes other than those for which it was
intended.
- l. thetechangel.com’s limited warranty does
not cover software.
21. Consequential Loss:
The extent of the vendor liability to the purchaser for any
default or breach whatsoever and howsoever arising shall in no
case exceed the invoice value of the goods and the vendor shall
in no circumstances whatsoever be liable to the purchaser in
respect of any loss or damage whether suffered by the purchaser
or any customer of the purchaser and whether direct, indirect,
consequential, or however else arising.
thetechangel.com shall not be liable for, and customer
shall have no right with respect to, any delay or failure in
performance or non-performance that is due to acts beyond
thetechangel.com’s reasonable control such as acts of
God, acts of third parties, acts of governmental authorities,
acts of war, accidents, breakdowns of equipment, strikes, riots,
fires, floods, communication line failures or other interference
with production, supply or transportation of products, raw
materials or components.
22. Law
- a. If any part of these terms and conditions shall be
found to be unlawful it shall not affect the validity or
enforceability of the remainder of the conditions.
- b. This contract is and shall be deemed to have been
made in England and shall in all respects be governed by
English Law.
23. Payment
thetechangel.com accept payment as follows:
- Cash - Sterling currency tendered in person. Do not send
cash through the post or by carrier.
- Credit card - Payment can be made using credit cards.
thetechangel.com will provide a link on your
invoice or quote to do this. thetechangel.com uses
the Google Checkout system. Further details about this
service can be found using the link provided.
- Postal/Money Order - Only UK Sterling Postal Orders
accepted. Please cross the order with the words A/C PAYEE
ONLY.
- Cheques - Orders paid by cheque, will not be dispatched
until the cheque has cleared, for which up to 14 days should
be allowed. Personal cheques may be cleared immediately
provided a valid cheque guarantee card number and expiry
date are written on the reverse of the cheque. Business
cheques may be subject to a surcharge for immediate
clearance. A Building Society or Bankers draft will be
cleared immediately provided it is presented during banking
hours. Foreign cheques must be drawn on a UK bank in
Sterling, otherwise further charges may be made.
- Bank Transfer - We can accept CHAPS and BACS transfers.
Our bank is the Bank of Scotland PLC. Account name
“theopenworld.com”. Please contact
thetechangel.com if you have any queries on paying
by this method.
24. These terms and conditions can be updated and modified at
anytime, without prior notice.
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