Terms and Conditions of Service

All customers agree to be bound by terms and conditions of service set forth below upon usage of any services offered by Caryford Computer Services.

  1. Definitions and interpretation
    • 1.1. In these terms and conditions of service, the following words have the meanings given:

      "CCS" or "Caryford" means "Caryford Computer Services";
      "Business Day" means any day other than Saturday, Sunday or a public/bank holiday in England, Wales, Scotland or Northern Ireland;
      "Contract" means a contract (or an estimate agreed by the customer/authorised representative) provided by CCS;
      "Customer" means the person(s) or company ordering product(s) or service(s);
      "Default" shall mean any breach by either party of it's obligations under a contract;
      "Caryford Computer Services" means the owner, employees, affiliates, parent companies or partners of Caryford Computer Services;
      "Intellectual Property Rights" means copyright, patent, trademark or other similar rights;
      "Licence Agreement" means any licence agreement relating to use of supplied software;
      "Order(s)" means any written (including e-mail) order for product(s) and service(s) received by CCS from the Customer;
      "Service(s)" means any configuration, installation, web projects (sites) or similar service(s) provided by CCS;
      "Software" means any computer software supplied by CCS regardless of the medium on which it is stored;
      "Confidential Information" means any information of whatever nature or form which is deemed property of CCS or the Customer;
      "Delivery Address(es)" for the delivery of product(s) and service(s) as stated on any purchase orders;
      "Price" means the price payable for service(s) in a purchases order and payable in accordance with the terms of this agreement;
      "Service(s)" means such service(s) to be sold by the seller to the buyer;
      "Product(s)" means such product(s) to be sold by the seller to the buyer;
      "Purchase Order(s)" means the Buyer's purchase order for the Service(s);
      "Specifications" means any plans, drawings, electronic data or other information relating to the Service(s);
      "On-site visit(s)" means any service(s) delivered at the Customer's premises;
      "Workshop Repairs" means any service(s) delivered on premises belonging to CCS;
      "Collection" means the collection of a system(s) with the intention of repairing it on premises belonging to CCS;
      "System(s)" means
      workstation(s) or server(s);
      "Drop-off" means the delivery of a system(s) to premises belonging to CCS in order to be repaired;
      "Remote Support" means the attempting to repair a system(s) via appropriate software over the Internet;
      "Data Recovery" means any attempt to recover, salvage or retrieve data from any computer medium (e.g. hard disk);
      "Terms and Conditions" means this document together with our privacy policy, legal policy, web projects and site terms and conditions.
  2. Contract Formation
    • 2.1. All Orders submitted by the Customer to Caryford Computer Services and accepted by Caryford Computer Services shall be subject to these Terms and Conditions which shall form part of and govern any Contract.
    • 2.2. Usage of any service or receiving any estimate or quotation for any Products and/or Services by the Customer, issued by Caryford Computer Services - in writing, by email or submitted via the web site - shall be deemed acceptance of these terms and conditions.
  3. Price
    • 3.1. All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer's enquiry by telephone, by email or any other acceptable means.
    • 3.2. All charges for repairs, upgrades and web development/design will depend on how long our technicians/engineers/developers are actively working on your computer/web site. All services incorporate a minimum charge. Please refer to the respective page for the current pricing.
    • 3.3. Cost of [replacement] part(s) required to carry out a successful repair will be extra and are not included in the labour charge quoted.
  4. Payment
    • 4.1. Payment for parts and services must be made by cash (UK sterling only), bank transfer (BACS), PayPal or Google Checkout. To cover mandatory processing costs imposed by providers, a service fee of 3.4% will be applied to transactions made using PayPal or Google Checkout.
    • 4.2. The customer agrees that payment for services is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and still covered by the manufacturer's warranty.
    • 4.3. Caryford Computer Services will not offer credit under any circumstances.
    • 4.4. The Customer will pay for any Products or Services on a "cash on completion" basis (bar any minimum charges or deposits). Caryford Computer Services reserves the right not to release any Products or provide any Services (which includes web projects) until all such payments/deposits are cleared and credited to Caryford Computer Services' bank account. Depending on service, project or products requested/required and at the discretion of Caryford Computer Services, a non-refundable deposit (up to a maximum 50%) may be required prior to any work commencing. If The Customer has requested for a new system to be constructed, a deposit (covering the total cost of purchase of hardware/software including any delivery costs) must be made prior to any work commencing
    • 4.5. If any payments are overdue (default), no further Products or Services (which includes published web projects) will be delivered or made available to the Customer until all payments due to Caryford Computer Services under the Contract have been paid. In the event of non-payment, Caryford Computer Services may - at their discretion - impose an interest charge and/or enlist third parties to recover outstanding amounts.
    • 4.6. If payment is not received by the relevant due date Caryford Computer Services may charge the Customer interest (minimum 4% on total amount) on any overdue amount from the due date of payment to the date of actual payment.
    • 4.7. The customer agrees to make all payments due under this Contract irrespective of any dispute or claim the Customer may have with Caryford Computer Services or against any third party.
  5. Warranties
    • 5.1. Caryford Computer Services, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by Caryford Computer Services under an agreement with the manufacturer or supplier of the relevant Product.
    • 5.2. The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded.
    • 5.3. Caryford Computer Services does not offer any guarantee on any products or services provided unless specifically stipulated in writing.
  6. Terms of Service
    • 6.1. Caryford Computer Services will make every possible effort to preserve their customers' data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired or upgraded. The customer agrees not to hold Caryford Computer Services responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network. We strongly recommend that you back up your data on a regular basis.
    • 6.2. If Caryford Computer Services cannot fix the problem(s) on-site due to external dependencies such as faulty telephone equipment or provision of Internet services, or lack of original disks and/or drivers, the customer is liable to pay the minimum standard service charge. If - at least - one of the original problems reported by the customer is fixed, the customer is liable to pay the full price agreed at the time of ordering.
    • 6.3. If Caryford Computer Services is unable to fix the original reported problem, but where the fix is possible by replacement of a faulty part(s) and the customer does not agree to the replacement of the faulty part, Caryford Computer Services reserves the right to charge the Customer a diagnostic fee of 50%.
    • 6.4. If Caryford Computer Services is unable to repair the equipment due to non-supply of parts by manufacturers or suppliers, a diagnostics fee of 50% may apply to any equipment under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the equipment and cost of collection and return if applicable. The return of the customer's equipment will be subject to prior payment of diagnostics fee and carriage if applicable.
    • 6.5. All the customer's equipment once repaired or declared irreparable, must be collected within 10 working days from the time the customer is informed. If the customer fails to collect the repaired or un-repaired computer, we reserve the right to charge the customer for storage until the passage of a maximum of 4 weeks. The customer must claim or collect the computer within 4 weeks (from the date of last contact), otherwise the computer will be recycled for parts and the customer will lose ownership of the computer. Please note that if the hardware is deemed to have no/little value and/or cannot be cost effectively recycled, the customer agrees to pay all costs for the disposal (including any transport costs incurred) of each item of hardware. Caryford Computer Systems adheres to the Waste Electronic and Electrical Equipment (WEEE) Regulations and use authorised disposal companies only.
    • 6.6. Where the Customer requires Caryford Computer Services to carry out any configuration or installation services either for the Customer and/or the end-user, Caryford Computer Services shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
    • 6.7. Caryford Computer Services reserve the right to enlist the services of third parties if required.
    • 6.8. At entirely our discretion, we may offer discounts to educational establishments (e.g. schools), certain professionals, registered carers/disabled persons, qualified teachers and charitable organisations on certain (but not all) services. We may request evidence of eligibility to prevent abuse of this offer. We reserve the right to discontinue this offer at any time and without notice.
    • 6.9. At entirely our discretion, we may accept unwanted (not broken/malfunctioning) hardware for the purposes of recycling/reusing. We currently accept the following items; "Towers" or desktop units (less than 4 years of age), LCD (or "flat" screen) displays or monitors, laptops or notebooks and gaming consoles. We do not offer compensation/payment for unwanted hardware and only accept hardware which is deemed "of value". We do not accept input devices (e.g. keyboard, mice etc.), CRT ("TV" style) monitors, scanners, photocopiers or printers. The "dropping-off" of unwanted hardware is strictly by appointment only. Photograph(s) of unwanted hardware, technical details, place of purchase and approximate age may be requested prior to arranging an appointment. If you choose to recycle your unwanted hardware, we will require your full name, proof of identity and contact details plus a signed declaration (a form will be supplied by ourselves) stating that you are relinquishing ownership of the hardware and that said hardware is now sole property of Caryford Computer Services.
    • 6.11. Customers who have a support/maintenance contract with Caryford Computer Services will receive a response/confirmation (depending on the complexity of an issue/problem) to the majority of enquiries within 24 working hours.
    • 6.12. Support/maintenance contracts are for a minimum duration of 12 months. By choosing to start a support/maintenance contract with Caryford Computer Services, you are agreeing to pay the monthly fee on-time at a pre-determined date based on when the contract was signed. There are no refunds for unused "points" if you choose cancel your contract. If you wish to terminate a contract prematurely, a settlement figure of 50% of the remaining balance will be charged. Caryford Computer Services reserves the right to cancel a support/maintenance contract at any time and entirely at their discretion.
  7. Terms of Service (web development/design)
  8. Promotional vouchers/offers
    • 8.1. Limit one promotional voucher/offer per person/business/household/postal address
    • 8.2. Promotional vouchers/offers may only be redeemed at our web site caryford.co.uk when making an enquiry.
    • 8.3. Please note that a minimum purchase/estimate value may apply.
    • 8.4. Promotional vouchers/offers cannot be used retrospectively, i.e. applied to existing estimates.
    • 8.5. Please refer to your promotional voucher/offer for the expiry date and any additional restrictions.
    • 8.6. All promotional vouchers/offers have a cash value of GBP 0.001 and are not transferable or assignable.
    • 8.7. Certain services may be exempt from promotional vouchers/offers
    • 8.8. Promotional vouchers/offers codes cannot be used in conjunction with any other offer.
    • 8.9. Standard terms and conditions apply for using the Caryford Computer Services web site.
    • 8.10. Promotional vouchers/offers may only be redeemed by customers resident in the United Kingdom.
    • 8.12. Caryford Computer Services reserves the right to cancel promotional vouchers/offers at any time.
    • 8.13. Caryford Computer Services reserves the right not to honour promotional vouchers/offers
  9. Liability
    • 9.1. Caryford Computer Services shall a) not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services; b) In no event will Caryford Computer Services be liable for any loss of data or loss of revenue or profits before, during or after services even if Caryford Computer Services has been advised of the possibility of damages or loss to persons or property.
    • 9.2. The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Caryford Computer Services. The customer agrees not to hold Caryford Computer Services responsible for any damage or loss of equipment or media or data loss.
    • 9.3. Caryford Computer Services shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Caryford Computer Services for: (a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person.
    • 9.4. Caryford Computer Services shall not be liable to the Customer for any physical/emotional injury to person(s) sustained from systems/hardware which have been repaired/upgraded/custom-built by Caryford Computer Services.
    • 9.5. Any advice or recommendations given to the Customer by Caryford Computer Services as to application or use of equipment which is not confirmed in writing by Caryford Computer Services, is followed or acted upon entirely at the Customer's own risk. Accordingly Caryford Computer Services shall not be liable for any such advice or recommendation which is not so confirmed.
    • 9.6. While Caryford Computer Services will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Caryford Computer Services responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks
  10. Intellectual Property Rights
    • 10.1. All Intellectual Property Rights in or relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by Caryford Computer Services during the course of providing the Services shall vest in Caryford Computer Services or its suppliers as the case may be and the Customer shall have no title to or interest in any such Intellectual Property Rights except to the extent specifically agreed by Caryford Computer Services.
  11. Confidentiality
    • 11.1. Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent.
  12. Variations
    • 12.1. Caryford Computer Services reserves the right to modify these terms and conditions without notice. Any such modification will apply immediately to all services and products provided by Caryford Computer Services.
  13. Law
    • 13.1. All Contracts shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
  14. Waiver
    • 14.1. The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.
  15. Additional
    • 15.1. If any of the content of these terms and conditions of service are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state/county or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

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