[These are the Terms of Business for TipTop Computers (our pay-as-you-go services). For TipTop IT Support terms, please see your support contract.]
Network Contractors Limited T/A TipTop Computers of Dorset House, 297 Kingston Road, Leatherhead, Surrey, KT22 7PL (‘TipTop Computers’).
Unless otherwise agreed in writing by TipTop Computers, these Terms of Business are subject to the following terms and conditions. Where these Terms of Business are contrary to any stipulations of the Client's Terms of Business the following are deemed to have been accepted by the Client and take precedence. Any changes or modifications to these Terms of Business must be in writing and signed by both parties.
The headings are for convenience only and shall not affect the interpretation within these Terms of Business.
The Client agrees to engage TipTop Computers for the purpose of the provision by TipTop Computers of computer maintenance, repair and upgrade of computers and software at TipTop Computers’ current rates in force from time to time details of which will be provided on request.
TipTop Computers shall have no liability of any sort or kind for consequential loss, loss of data, or loss of profits howsoever caused. Liability for damage to computer systems, and for loss of or damage to data, software or documents stored on the Client’s computer shall be limited to the value of TipTop Computers’ invoice for the work done except in cases of death and personal injury to third parties caused by TipTop Computers when English law will apply in all settlements.
In the case of any defect TipTop Computers shall have no obligation nor any liability to restore hardware or software other than to factory settings and if they are altered by the Client the Client accepts full responsibility and liability.
4. Warranty – Labour
TipTop Computers gives a 30 day warranty for labour to the intent that TipTop Computers agrees subject as otherwise provided in these Terms of Business that all labour carried out by TipTop Computers will be free of defects for a period of 30 days calculated from the date the work is carried out provided that any defect shall have been reported in writing prior to that date by the Client. Defects of labour within that period (but not thereafter) will be repaired free of charge. No warranty claim shall be made and TipTop Computers shall have no liability of any sort or kind if the Client’s goods have been worked upon, altered or damaged in any way by the Client or by its employees or agents or any third party, nor shall TipTop Computers have any liability if any goods or software have not been used strictly in accordance with the manufacturer's instructions, nor if within the 30 day warranty period a fault develops which TipTop Computers deems at its total discretion not to be caused by TipTop Computers’ original work which started the warranty period.
5. Warranty – Hardware
TipTop Computers offers a 14 day return-to-base warranty on all hardware supplied by TipTop Computers subject to as is otherwise provided in these Terms of Business. If hardware supplied by TipTop
Computers is defective within 14 days calculated from the date of delivery and provided that any defect shall be notified to TipTop Computers in writing within 14 days of delivery TipTop Computers will without charge either repair or replace it at TipTop Computers’ sole discretion.
Most products are also covered by a manufacturer's 1 year warranty or longer. Please ask if you would like details about individual products' manufacturer warranties. Clients who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve the Client’s problems as soon as possible, TipTop Computers will refer the Client to the product manufacturer who will deal directly with the return. In this case TipTop Computers will provide the Client with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
No warranty claim shall be made and TipTop Computers shall have no liability of any sort or kind if the Client’s goods have been altered or damaged in any way by the Client or its employees or agents, or by any third party nor shall TipTop Computers have any liability if any have goods have not been used by the Client or by any third party on its behalf strictly in accordance with the manufacturer's instructions.
6. Damaged Goods
Without prejudice to any other provision in these Terms of Business if Goods are patently defective on delivery the Client must report the defective delivery in writing to TipTop Computers within 48 hours of delivery of the goods to the Client failing which TipTop Computers shall have no liability of any sort or kind.
Any warranty given by Tip Top Computers shall only cover defects in manufacturing in any product solely if it is has been used as recommended by the manufacturer. The warranty does not cover loss or theft, damage caused by misuse or abuse, unauthorised modification or improper storage conditions by the client or by any agent or employee or any third party on behalf of the Client nor shall TipTop Computers have any liability of any sort or kind in the case of fire, lightning, explosion, earthquake, landslip, subsidence, heave, riot, civil commotion, aircraft, aerial devices, storm, tempest, flood, strikes, labour or political disturbances and damage by malicious persons and vandals, nor for any other event beyond TipTop Computers’ control.
8. Limits of Liability
Should the product(s) fail to function properly for any reason, the Client shall have no claim except for repair or replacement at TipTop Computers’ sole option subject as provided in these Terms of Business.
TipTop Computers shall have no liability for any damages or consequential losses of any sort or kind including but not limited to a claim for loss of profits, lost savings, lost data, damage to other equipment, any incidental or consequential damages arising from the use, or inability to use the product.
On no account will TipTop Computers be liable for more than the amount of the purchase price of the product which shall be limited to the current price list of the product and any claim shall exclude all claims for taxes, shipping and handling charges which shall be paid for in full by the Client.
TipTop Computers shall at its sole discretion dispose of items left in its possession for a period of 6 months if no contact has been received from the Client. TipTop Computers shall make reasonable attempts to contact the Client before disposal. If an outstanding balance remains the parts may be sold to clear the balance. TipTop Computers will destroy any hard drives prior to disposal for data protection purposes.
9. Returns Procedure
Within 14 days of purchase of the goods: Please contact TipTop Computers.
After 14 days but within the manufacturer's warranty period: Please contact the manufacturer directly, or contact TipTop Computers to enable TipTop Computers to provide the Client with the contact information for the relevant manufacturer. TipTop Computers disclaims any other warranties whether express or implied.
10. Backing up your computers
Whilst TipTop Computers will use all reasonable endeavours to ensure the continued integrity of data, it is the sole responsibility of the Client to ensure that all data and irreplaceable software are fully backed up before commencement of work carried out by TipTop Computers. TipTop Computers shall have no liability nor any responsibility for backing up any data. This includes installation CDs which TipTop Computers may require at any time during or after services are carried out.
11. Reliance on third-parties
TipTop Computers accepts neither liability for the operation of any goods by third parties nor for the information third parties provide (such as broadband or email providers). Where any defect or issue is diagnosed as having been caused by or due to an event caused by a third party and therefore out of the control of TipTop Computers, TipTop Computers will notify the Client of its diagnosis and offer to seek to liaise with that third party on behalf of the Client in order to seek to resolve the issue. Alternatively TipTop Computers reserves the right to cease working on the defect or issue. Any time spent by TipTop Computers up to the time when TipTop Computers shall cease working and any time spent by TipTop Computers in liaising with the third party provider is chargeable whether the third party accepts responsibility for the defect or issue or not, and whether the defect or issue is resolved or not. The Client shall be entitled to instruct TipTop Computers to cease liaising with the third party at any time, when the Client shall pay TipTop Computers for the time TipTop Computers has spent liaising with the third party.
12. Can't Fix, No Fee Policy
In the unlikely event that TipTop Computers does not possess or cannot obtain the necessary knowledge to resolve a problem, TipTop Computers shall make no charge and TipTop Computers shall have no liability of any sort or kind if TipTop Computers is unable to resolve a problem. If a problem has been diagnosed and a solution is offered to the Client but the Client shall choose not to proceed then the Client will be charged for the time spent by TipTop Computers to that point. If TipTop Computers is unable to resolve a problem because the Client is unable or unwilling to provide to TipTop Computers with the appropriate software, software license or serial numbers, passwords or installation CDs then the Client will be charged for the time spent by TipTop Computers up to that point. If TipTop Computers is unable to resolve a problem due to problems caused wholly or partly by any third party TipTop Computers will be entitled to charge for time spent.
13. Invoices and payment
All invoices must be paid in full upon receipt unless TipTop Computers has agreed otherwise in writing. The Client shall on no account be entitled to make any set off or counterclaim. In default of payment in full on time, TipTop Computers shall be entitled to halt all work and cease all services until the outstanding invoice has been paid in full.
Payment is accepted by TipTop Computers by cheque (provided that it is supported with a valid cheque-guarantee card), valid credit/debit card, or by cash. If payment is made by credit card the Client shall be required to pay an additional charge at the rate of 2% of the invoiced sum.
The title of any goods which are purchased on account remain the sole property of TipTop Computers until the relevant invoice(s) are settled in full.
The risk of goods passes to the Client upon delivery.
Any dispute concerning an invoice must be received by TipTop Computers and made in writing, giving full details of the reason for the dispute within 14 days of the date of invoice. In default TipTop Computers shall have no liability of any sort or kind.
Invoices which remain outstanding 28 days after the invoice date will incur interest on overdue amounts at a rate of 3% per annum over the base rate from time to time prevailing of National Westminster Bank PLC calculated from the date of the invoice until payment in full, and in addition the costs of recovering the debt where they are incurred may be added by TipTop Computers to the outstanding value of the invoice.
14. Confidentiality & Non Disclosure
TipTop Computers agrees to take all reasonable steps to protect any data of a confidential nature while undertaking work for Clients. These include the secure protection and non-transmittal of any passwords, data, network or system information. TipTop Computers further agrees never to divulge Client information of any nature to third parties (except as required by Law) (whether involved in the Client job or not) without first obtaining the express permission of the Client. TipTop Computers also agrees to securely destroy or otherwise remove any Client information from TipTop Computer’s systems once the work has been subsequently completed, unless the Client expressly requests TipTop Computers, and TipTop Computers agrees, to retain it.
If TipTop Computers shall be required to retain and back up data, TipTop Computers shall destroy that data within two months of that work being carried out.