Last Updated: 27th September 2013
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.
- “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.
- 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.
- 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.
- 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.
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 PayPal 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.