All services provided by Big Phil Computers are subject to the following terms and conditions. Please ensure that you read and understand our terms and conditions before entering into an agreement with us.
1.1. The following terms and conditions document is a legal agreement between “Big Phil Computers” and the “Client” for the purposes of all services provided by Big Phil Computers.
1.2. Throughout these Terms and Conditions, when “We” or “Us” or “Our” are referred to, these terms refer to Big Phil Computers.
1.3. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
ACCEPTANCE OF WORK
2.1. Quotations are valid for 30 days from date of issue.
2.2. The Client warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into any Contract with us.
2.3. A Contract document or Job Sheet document must be signed by all Clients at the time of submission of computer or laptop hardware repair work to Big Phil Computers, indicating agreement to and acceptance of these Terms and Conditions. A copy of these terms and conditions is available via our website http://www.bigphilcomputers.co.uk
2.4. Big Phil Computers reserves the right to withdraw from a contract at any time prior to acceptance.
3.1. Any call out work is subject to a minimum charge representing 1 hour’s work at the applicable rate.
3.1.2 Any call out work carried out after the first hour of a visit is charged at the applicable hourly rate in 30 minute blocks.
3.2. Charges for services to be provided by Big Phil Computers are defined on our website or in any project quotation that the Client receives via email. Big Phil Computers reserves the right to alter the quotation after expiry of the 30 days.
3.3. All hourly-rate jobs should be paid for by the client either upon completion and sign-off of the job, or on our standard invoice terms of 7 days if agreed with Big Phil Computers
4.1. If the Client wishes to spread the cost of any large job or project carried out, Big Phil Computers may at their discretion offer instalment terms. These should be agreed prior to the commencement of the work.
4.2. The Client may request (by e-mail to Big Phil Computers) that Big Phil Computers cancel a job such as hardware repair. The job is cancelled only if Big Phil Computers confirms that work has not been started. If Big Phil Computers has begun or completed the work and the Client no longer requires the work to be carried out, but has agreed to the work, the Client remains obliged to pay Big Phil Computers for the actual work that has been carried out.
4.3. If invoice payment is agreed with the Client, invoices will be provided by Big Phil Computers upon completion of the work. Hard copy invoices must be signed by the client upon completion of work by Big Phil Computers. An electronic invoice will also be sent to the client. All invoices must be paid in full within 7 days of the invoice date, except where agreed at Big Phil Computers own discretion.
4.4. Payment for services invoiced is due by either bank transfer or cheque made payable to Mr P Hall.
4.5. Big Phil Computers reserves the right to decline further work if there are invoices outstanding with the Client.
5.1. Additional project work (such as offsite repairs) requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by Big Phil Computers on receipt of specification. If the work is needed as part of an existing project then this may affect the overall delivery time of the project.
5.2. It is important that the Client communicates the details of any required work to Big Phil Computers clearly, concisely, and in a timely manner.
WARRANTIES PROVIDED FOR CUSTOM BUILT SYSTEMS
6.1. All custom built systems assembled by Big Phil Computers shall be provided with a limited hardware warranty, at the discretion of Big Phil Computers.
6.2. “Custom built systems” are defined as systems requiring internal assembly or assembly of multiple discrete components by Big Phil Computers Complete systems purchased from third party suppliers by Big Phil Computers on behalf of the Client are covered under separate warranty provided by the hardware manufacturer or third party supplier, and are not covered as part of this Agreement.
6.3. Custom built systems are provided with a warranty covering hardware failures or faults which first arise before the end date of the warranty. The end date of the warranty provided will be specified to the Client on the date of delivery of “Custom built systems” by Big Phil Computers
6.4. The warranty provided by Big Phil Computers to the Client for custom built systems does not cover accidental damage, or any accidental hardware damage caused during regular or routine use of the system by the Client. The warranty does cover hardware manufacturing defects and assembly errors by Big Phil Computers
6.4.2. The warranty provided by Big Phil Computers to the Client for custom built systems does not cover damage to hardware or components caused by power surges, power spikes or power cuts.
6.4.3. The warranty provided by Big Phil Computers to the Client for custom built systems does not cover physical or electronic damage to hard disk drives of any type or the loss of data resulting from damage to hard disk drives.
6.5. Any repair work undertaken by Big Phil Computers which is covered under the warranty provided to the Client for custom built systems is undertaken at the discretion of Big Phil Computers We will endeavour to carry out repair work in a timely manner, and a delivery estimate will be provided to the Client before the commencement of repair work.
6.6. If hardware components inside a custom built system from Big Phil Computers need to be replaced as part of a repair job covered under the warranty provided to the Client, we will endeavour to replace components with exactly matching hardware, or hardware of an equivalent value. If it is not possible to source hardware components matching the original supplied hardware, then components of an equivalent value will be provided in their place.
PERMISSION AND COPYRIGHT
7.1. The Client hereby agrees that all software and hardware made available to Big Phil Computers for use in any job or project are either owned by the Client or used with full permission of the owners of the software or hardware.
8.1 Big Phil Computers reserves the right to refuse to handle or work with:
– Any media which is unlawful or deemed to be inappropriate.
– Any media which contains a virus or hostile program.
– Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
– Any media which constitutes a criminal offence, or infringes privacy or copyright.
– Any hardware or software which the client cannot prove they are the legal owners of.
LIABILITY AND WARRANTY DISCLAIMER
9.1. Big Phil Computers endeavours to provide their services within given delivery timescales to the best of their ability. However, the Client agrees that Big Phil Computers is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
9.2. The Client agrees Big Phil Computers is not liable for absence of service as a result of illness or holiday.
9.3. The Client agrees that Big Phil Computers is not liable for any failure to carry out services for reasons beyond its control including but not limited to extreme weather, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
9.4. Big Phil Computers is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
9.5. The Client’s data security is at all times The Client’s responsibility.
9.6. Big Phil Computers shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to Big Phil Computers even if Big Phil Computers has been advised of the possibility of such damages.
9.7. There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Big Phil Computers and their subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce where it exists.
9.8. Big Phil Computers may from time to time recommend to the Client that updates are needed to their IT infrastructure to comply with, including but not limited to, new legislations, software releases, licensing and security standards. Big Phil Computers reserves the right to quote for any updates as separate work. The Client agrees Big Phil Computers is not liable for any failure to inform or implement these updates to their infrastructure. The Client agrees that they shall defend, indemnify, save and hold Big Phil Computers harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10.1. Client agrees to use all Big Phil Computers services and facilities at their own risk and agree to defend, indemnify, save and hold Big Phil Computers harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Big Phil Computers or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of any job or project carried out by Big Phil Computers
10.2. Client also agrees to defend, indemnify and hold harmless Big Phil Computers against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
11.1. Big Phil Computers and any third party associates agree that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that they will not convey any confidential information Big Phil Computers to another party.
12.1. Big Phil Computers reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client to be in breach of these terms and conditions. Big Phil Computers shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
12.2. This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
12.3. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
12.4. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
12.5. Big Phil Computers reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at Big Phil Computers website at http://www.bigphilcomputers.co.uk/
12.6. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges that they have read, understood, and accepted the Terms and Conditions of this Agreement, and agree to be legally bound by these Terms and Conditions.
We advise you to print and keep safe a copy of these Terms and Conditions