Monday to Saturday
9.00 am to 6.00 pm
01984 633603
Monday to Saturday
9.00 am to 6.00 pm
01984 633603
1.1 In these terms and conditions the following words have the meanings given:-"Business Day" means any day other than a Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland; "Contract" means a contract for the purchase by the Customer of Products or Services from Edward Martin Computer Services incorporating these terms and conditions and arising from the acceptance by Edward Martin Computer Services of an Order; "Customer" means the person, firm or company ordering Products or services; "Default" shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable; "Edward Martin Computer Services" means owner, employees, affiliates or partners of Edward Martin Computer Services; "Intellectual Property Rights" means copyright, patent, trademark, service marks, registered designs, sui generis rights, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing; "Licence Agreement" means any licence agreement relating to use of the Software; "Order" means any written order for Products, or Products and Services, received by Edward Martin Computer Services from the Customer; "Services" means any configuration or installation services provided by Edward Martin Computer Services as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products; "Software" means any computer software supplied by Edward Martin Computer Services, whether embodied in ROM, RAM, firmware or on disk, tape or other media. "Confidential Information" all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Seller or the Buyer (as the case may be); "Delivery Address" the address for delivery of the Products or Services as stated on the Purchase Order; "Price" the price payable for the Products or Services as specified in the Purchase Order and payable in accordance with the terms of this Agreement; "Products or Services" such products or Services to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer; "Purchase Order" the Buyer's purchase order for the Products or Services; "Specifications" any plans, drawings, data or other information relating to the Products; "On-site visits" any services delivered at the Customer's premises; "Workshop Repairs" any services delivered on Edward Martin Computer Services premises; "Data Recovery" any attempt to recover, salvage or retrieve data from any computer storage media such as hard disks, floppy disks, USB disks, flash disks or any other computer-related equipment or media;
1.2 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.
1.3 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions.
2.1 All Orders submitted by the Customer to Edward Martin Computer Services and accepted by Edward Martin Computer Services shall be subject to these following 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 Edward Martin Computer Services -verbally, by phone or in person or in writing including by email- shall be deemed acceptance of these terms and conditions.
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 phone, by email or any other acceptable means.
3.2 All charges for repairs, upgrades or Remote Assistance will depend on how long our technicians are actively working on your computer. A minimum service charge of £23.50 + VAT will apply to each computer or remote session and will cover the first 30 minutes labour.
3.3 All quoted prices are exclusive of VAT and carriage and VAT and/or carriage will be added to the agreed price if applicable. Cost of parts required to carry out a successful repair will be extra and are not included in the labour charge quoted.
3.4 A minimum standard charge for 1 hour applies to any on-site visit.
4.1 Payment for parts and services must be made by credit/debit card, cheque or cash prior or upon the delivery of the services by Edward Martin Computer Services.
4.2. The customer agrees that payment for services and carriage is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer's warranty.
4.3 Edward Martin Computer Services may at its discretion offer credit terms to the Customer subject to the status of the Customer. Credit terms shall be determined by Edward Martin Computer Services and confirmed in writing with the Customer.
4.4 Unless and until credit terms are granted, the Customer will pay for any Products or Services on a "cash with order" basis in which case the Customer should allow at least three (3) Business Days for payment to be credited to Edward Martin Computer Services' account. Edward Martin Computer Services reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to Edward Martin Computer Services' bank account.
4.5 Where credit terms are granted, and unless other terms are granted in writing, the Customer will pay no later than 30 days following the date of Edward Martin Computer Services' invoice and Edward Martin Computer Services reserves the right to suspend deliveries where payment is delayed.
4.6 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to Edward Martin Computer Services under the Contract have been paid. Edward Martin Computer Services may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer.
4.7 If payment is not received by the relevant due date Edward Martin Computer Services may charge the Customer interest on any overdue amount from the due date of payment to the date of actual payment. Interest will be applied at the rate of four (4) per cent per annum above the Lloyds TSB Bank plc Base Rate from the due date of payment.
4.8 The customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with Edward Martin Computer Services or against any third party.
5.1 Edward Martin 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 Edward Martin 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.
6.1 Edward Martin 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 and tested. The customer agrees not to hold Edward Martin 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.
6.2 If Edward Martin 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 booking.
6.3 If Edward Martin 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, Edward Martin Computer Services reserves the right to charge the Customer a diagnostic fee.
6.4 If Edward Martin Computer Services is unable to repair the equipment due to non-supply of parts by manufacturers or suppliers, a diagnostics fee 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 If the customer's equipment develops a fault in the course of service by Edward Martin Computer Services either on-site or off-site, the customer agrees not to hold Edward Martin Computer Services responsible for the fault.
6.6 All the customer's equipment once repaired or declared irreparable, must be collected within 14 days from the time the customer is informed. If the customer fails to collect the repaired or unrepaired computer, we reserve the right to charge the customer for storage until the passage of a maximum of 8 weeks. The customer must claim or collect the computer within 8 weeks, otherwise the computer will be recycled for parts and the customer will lose ownership of the computer.
6.7 Where the Customer requires Edward Martin Computer Services to carry out any configuration or installation services either for the Customer and /or the end-user, Edward Martin Computer Services shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
7.1 Edward Martin 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 Edward Martin Computer Services be liable for any loss of data or loss of revenue or profits before, during or after services even if Edward Martin Computer Services has been advised of the possibility of damages or loss to persons or property.
7.2 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 Edward Martin Computer Services. The customer agrees not to hold Edward Martin Computer Services responsible for any damage or loss of equipment or media or data loss.
7.3 Edward Martin 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 Edward Martin 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.
7.4 Any advice or recommendations given to the Customer by Edward Martin Computer Services as to application or use of equipment which is not confirmed in writing by Edward Martin Computer Services, is followed or acted upon entirely at the Customer's own risk. Accordingly Edward Martin Computer Services shall not be liable for any such advice or recommendation which is not so confirmed.
7.5 While Edward Martin Computer Services will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Edward Martin Computer Services responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.
8.1 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 Edward Martin Computer Services during the course of providing the Services shall vest in Edward Martin 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 Edward Martin Computer Services.
9.1 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.
10.1 Edward Martin Computer Services reserves the right to modify these terms and conditions. Any such modification will apply on the effective date specified in the said notice to all services and products provided by Edward Martin Computer Services.
11.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts.
12.1 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.
13.1 All broadband accounts have a monthly limit on the available download capacity. This is usually 30Gb, but your broadband package may vary. Please contact us for full details of your broadband package if you are unsure.
13.2 If you exceed your bandwidth availability, your connection will become rate limited to 128Kbps for a further 1GB of bandwidth until the next billing period begins. Alternatively, you can purchase a top-up, whichever comes first. Please contact us for details. In the event that you use 1GB of rate limited bandwidth the connection will be blocked until you add a further top-up.
13.3 Unlike most major broadband providers, we to not lock you into a lengthy 12 month contract. To terminate your broadband account or migrate to another service provider all we require is one months notice.
13.4 However, following charges imposed by BT Wholesale, from the 1st of November 2009 we will apply a cease charge of £54.00 (including VAT) on all broadband accounts.
13.5 This charge is only levied if you cease an ADSL broadband service on your line. If you migrate to another broadband provider using a migration authorisation code (MAC) this charge will not apply. Please contact us if you wish to receive a free MAC for broadband migration to another provider.
14.1 To move the domain to a different provider will incur a one-off fee of £100 + VAT