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Terms & Conditions | Geeks2U Computer Repairs, Services & Support

These Conditions set out the terms on which Geeks2U UK Limited (we, us and our) supply products and/or services to its customers (you and your).

Please read these Conditions carefully before you submit your order to us. These Conditions tell you who we are, how we will provide products and services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.

We intend to rely on these Conditions and your order. If you think that there is a mistake in these Conditions or they require any changes, please contact us to discuss.

In some areas you will have different rights under these Conditions depending on whether you are a business customer or a consumer. These Conditions are set out in three parts as follows:

Part 1: contains terms which apply to both business customers and consumers;

Part 2: contains terms which apply only to consumers;

Part 3: contains terms which apply only to business customers; and

You are a consumer if:

  • you are an individual; and
  • you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1. Definitions used in these Terms and Conditions

In these Conditions:
business hours” means Monday to Friday, between the hours of 8am and 5pm, excluding public holidays in the relevant jurisdiction;
Conditions” means these Terms and Conditions;
Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
Geeks2U” or “we” or “us” or “our” means Geeks2U UK Limited; and
goods” means all products and other goods (including any software) supplied by us to you or on your behalf;
in writing” or “written” includes email but excludes fax.
including” is not a word of limitation and means without limitation;
Party” and “Parties” means (severally and not jointly) Geeks2U and/or the Customer as the context requires.
services” means all services performed by us for you or on your behalf;

PART 1: TERMS WHICH APPLY TO BOTH BUSINESS CUSTOMERS AND CONSUMERS

2. Information about Us

2.1 We are Geeks2U UK Limited, a company registered in England and Wales. Our company registration number is 11000692 and our registered office is at C/- Birketts Solicitors Brierly Place, New London Road, Chelmsford, CM2 0AP.
2.2 You can contact us by telephoning our customer services team at 0330 808 5201 or by writing to us at info@geeks2u.co.uk.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. Basis of Contract

3.1 Our acceptance of your order for goods and/or services will take place when we send you an order confirmation email and SMS to accept it, at which point a contract will come into existence between you and us.
3.2 We will begin the services on the date set out in the order confirmation email/SMS. An estimate of completion of the services shall be as confirmed to you during the order process.
3.3 If we are unable to accept your order for goods and/or services, we will inform you of this and will not charge you for any such goods and/or services. This might be because a product is out of stock, because of limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product and/or service or because we are unable to meet a delivery deadline you have specified.
3.4 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
3.5 Any written quotation provided by us to you concerning the proposed supply of goods and/or services is valid for 30 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation, which are not inconsistent with these Conditions, such terms being set out in our order confirmation email and SMS.

4. Charges and Payment

4.1 Charge-out prices for our services are dependent on the location of where the services are to be delivered and higher charge-out prices shall apply for same day and/or outside business hours visits.
4.2 All prices quoted are inclusive of VAT.
4.3 Payment for goods and services must be made by cash or debit/credit card on or prior to the supply of the goods or the performance of the services unless you are a business customer and have a credit account with us.
4.4 All our service visits are subject to a one hour minimum charge. Visits requiring more than one hour are charged thereafter in half hour units and any part thereof is chargeable as a full half hour. If the service is going to take longer than originally estimated, we will provide you with a further estimate and get your approval before proceeding further.
4.5 All goods supplied by us are charged separately from the services.
4.6 If we cannot provide you with a solution to your problem, we will not charge you for our services in respect of that problem. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem; whether or not you choose to implement that solution and you will be charged for our services accordingly.

5 Payment Default

5.1 If you default in the payment of any amount payable to us by the due date, then all money which is then due or payable on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:
(a) charge you interest on any sum due at the rate of 2% per annum above the base rate of Metro Bank plc. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and
charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis) suffered or reasonably incurred by us resulting from the default, including taking whatever reasonable action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging Dun & Bradstreet or other debt collection agency to seek to recover the amounts due); and
(b) cease or suspend for such period as we think fit, supply of any further goods or services to you; and
(c) by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract.

6. Ownership of goods

6.1 You will not own any good supplied by us to you until you have paid for them in full.

7. Responsibility for goods

7.1 You shall be responsible for all goods, including any loss, theft or damage to those goods from time at which they are delivered to you.

8. Performance of contract

8.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
8.2 Whilst every attempt will be made to perform the repairs onsite, if it is necessary to take your device offsite for further diagnosis and repair, you will be given a fixed quote for you to approve in advance.

9. Geeks2U Guarantees

9.1 You acknowledge that computers and other electronic devices are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your device after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Money-back Guarantee.
9.2 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that we cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.
9.3 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence.

Our 100% Money-back Guarantee

9.4 We stand behind our service. If you notify us of a problem with the services you were provided, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly and at no additional cost to you or, if you’d prefer, we will refund you in full for your service charges, provided that:

(a) No refund shall be given in respect of any products;
(b) the service was completed within the last 30 days; and
(c) payment for the service was made to us.

“Same day service” guarantee

9.5 “Same day service” is only available in London. This guarantee applies exclusively to service scheduled with us through our service hotline and for Windows-based systems only.
9.6 “Same day service” attracts a surcharge and must be requested over the phone by no later than 10:00am during business hours. We may assign specific appointment times at our discretion, either for our own purposes or as a courtesy to you, but we only guarantee that a technician will arrive by midnight. We do not guarantee specific appointment times.
9.7 Our “same day service” guarantee only applies to an initial visit by our technician and does not guarantee that all necessary work can be completed on the same day.
9.8 Any changes made by you to a “same day service” request that is already scheduled shall void this guarantee in its entirety.
9.9 In the event we are unable to provide a “same day service” to a customer, our only liability is to provide the first hour’s service free on the next available appointment scheduled by you through our service hotline as listed above.
9.10 If our supply of the products and/or services is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays cause by the event, but if there is a significant delay you may contact us to end the contract and receive a full refund for any products and/or services you have paid for but not received.

10. Data Protection

10.1 We will comply with our obligations under the Data Protection Act 1998 (as amended from time to time) and in accordance with our Privacy Policy. You must read and shall be deemed to have read the Privacy Policy. You agree and consent irrevocably to our use of your personal information in accordance with the Privacy Policy.

11. Your responsibilities

11.1 If you do not provide us with the necessary materials or information necessary for us to deliver the services to you, as may be requested by us from time to time, you shall still be liable to us for full payment of our fees.
11.2 You represent and warrant to us that you are the owner of, and/or have the right to be in possession of and make decisions regarding, all data, media or equipment (“Data“) provided to us, and that you have obtained all necessary consents required in relation to the disclosure of personal information by you to us and with regard to the use of that personal information by us, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject.
11.3 You hereby indemnify us from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of the warranty in clause 11.2 above.
11.4 You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of our technician. We shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
11.5 The provision of our services to you will involve our technicians visiting you at your home or other location (“Premises“) requested by you. For this purpose you must:
(a) ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services;
(b) provide our technicians with:
1. access to those areas of your Premises necessary to provide the services;
2. all necessary passwords to enable us to access your computer or device;
3. a safe working environment and working space; and
4. electrical power and internet access (where applicable).
11.6 If you fail to comply with the provisions of clause 11.5 above, we may terminate the contract and we shall refund any money paid in advance for any products and/or services that we have not provided but we may deduct the one hour minimum charge as compensation for the costs we will incur as a result of breaking the contract.
11.7 If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.

12. Copyright in Software

12.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by you to be installed on your computer.
12.2 You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.

13. Liability

13.1 Without excluding, restricting, limiting or modifying the rights and remedies to which you may be entitled to as a matter of law:
(a) you acknowledge that we are not the manufacturer of the products and have no control whatsoever over their manufacture, and, accordingly, the products are provided “as is” (that is, as supplied by the manufacturer) and that we do not make any warranty or representation as to the quality and/or the suitability of the products;
(b) all terms, conditions, warranties, representations, indemnities and guarantees with respect to the products and/or the services, or other products or services that may be provided by us under these Conditions, that may otherwise be implied or imposed by statute, law, equity, trade custom, prior dealings between us or otherwise, are hereby excluded;
(c) our liability to you for loss or damage of any kind arising out of, or in connection with, these Conditions and/or the products and/or the services, is reduced to the extent (if any) that you cause or contribute to the loss or damage;
(d) in no event shall we be liable to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the products and/or the services for:
(1) any loss, damage, cost or expense of any nature that was caused (directly or indirectly) by:
a) any third party;
b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;
c) accident, misuse or abuse by anyone other than us;
d) alteration or modification of the producst by anyone other than us;
e) goods (including any hardware or software) not licensed or supplied by us that are attached to or used with the products;
f) your failure to maintain the products or provide a proper operating and working environment for the products;
g) damage during any movement, relocation or re-installation of the products;
h) power surge or failure;
i) acts of God or acts outside our reasonable control;
j) any other condition not arising under normal operating conditions;
k) normal wear and tear;
l) any breach of your obligations or responsibilities set out in these Conditions;
m) our failure to meet any delivery date or cancelled or suspended supply of products and/or services;
(2) loss of profit;
(3) business interruption costs or expenses;
(4) loss of or damage to goodwill or reputation;
(5) the failure to realize an expectation benefit;
(6) liability to any third party;
(7) loss of or corruption to data;
(8) consequential loss, damage, cost or expense; or
(9) incidental or indirect loss, damage, cost or expense; or
(10) special, exemplary or punitive damages or fines, even if we have been advised of the possibility of such loss, liability, damage, cost, expense or fines; and
(e) except to the extent already excluded or limited under these Conditions, our maximum liability to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the goods and/or the services, shall be limited to:
(1) the replacement of the goods or the supply of equivalent goods; or
(2) payment of the cost of replacing the goods or acquiring equivalent goods; or
(3) the repair of the goods or payment of the cost of having the goods repaired, as in each case we may elect.
13.2 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.
13.3 Nothing shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.

14. Cancellation

14.1 If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your order (even if it has already been accepted) by notice in writing to you.
14.2 If you give us less than twenty-four (24) hours notice to cancel any request for onsite service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.

15. Feedback and Information

We welcome your feedback. It helps us improve! Any written feedback you provide to us shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis.

16. Governing law

These Conditions and the terms of your contract with us are governed by and must be construed according to the laws of England and Wales. The Parties hereby irrevocably submit to the jurisdiction of the English courts.

PART 2: TERMS WHICH APPLY ONLY TO CONSUMERS

17. How to end your contract if you are a consumer

17.1 To end your contract with us, please let us know by phone or email using the details in clause 2.2.
17.2 On ending your contract with us we will refund you in respect of any products and/or services you have paid for, but which have not been delivered. However, we may make deductions from the refund, as described below:
(a) an amount to cover our costs in respect of any products and/or services we have supplied; and
(b) if the amount you have already paid us does not cover what you owe us, we will invoice you for the value of the outstanding amount.

18. Our rights to end your contract if you are a consumer

18.1 We may end your contract with us at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide any of the services; or
(c) you do not, within a reasonable time, allow us access to your Premises to supply the services.

19. Consequences of termination if you are a consumer

19.1 If we end your contract with us in the situations set out in clause 18 we will refund any money you have paid in advance for the products and/or services not provided but we may deduct or charge you the sums as set out in clause 17.
19.2 You shall return all products provided by us which have not been fully paid for (if you fail to do so, then we may enter your premises and take possession of them).
19.3 Until such products referred to in clause19.2 have been returned, then you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the terms of your contract.

20. Summary of key legal rights if you are a consumer

20.1 We are under a legal duty to supply the products and/or services that are in conformity you’re your contract with us. See below for a summary of your key legal rights in relation to the products and services. Nothing in these terms will affect your legal rights.
20.2 Your key legal rights, set out below, are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
20.3 The Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix the Services they are not carried out with reasonable care and skill, or get some money back if we can’t fix them; or
(b) if you haven’t agreed the charges upfront, what you’re asked to pay must be reasonable.

21. Our responsibility for loss or damage suffered by you if you are a consumer

21.1 If we fail to comply the terms of your contract with us, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking those terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
21.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to supply of products and/or the services.
21.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
21.4 If you are a consumer we only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.5 Subject to clause 13.3, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your contract with us shall be limited to 100% of our fees and charges paid or payable by you under these Conditions.

22. Exercising your right to change your mind

22.1 You have the legal right to change your mind within 14 days of placing an order for products and/or service and receive a refund.
22.2 You do not have a right to change your mind in respect of:
(a) “Same day services”;
(b) services, once these have been completed, even if the cancellation period is still running;
sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
22.3 We do not exclude or limit our liability to you for breach of your legal rights in relation to any products we may supply to you, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

PART 3: TERMS WHICH APPLY ONLY TO BUSINESS CUSTOMERS

23. Basis of Contract

23.1 This clause 23 shall apply in addition to the provisions of clause 3. We shall supply the services to you until the subscription expires or the contract is terminated in accordance with these Conditions.

24. Charges and Payment

24.1 This clause 24 shall apply in addition to the provisions of clause 4.3. If you exceed your approved credit terms, you will be charged a $12.00 late payment fee. A revised invoice will be sent to you.

25. Prepaid Hours

25.1 Once you have purchased a block of prepaid hours it cannot be cancelled or refunded.
25.2 You are obliged to pay for the services that we agree to provide you with, regardless of whether you utilise those services.

26. Ownership of goods

26.1 This clause 26 shall apply in addition to the provisions of clause 6. Until full payment in cleared funds is received by us for all goods supplied by us to you, as well as all other amounts owing to us by you:
(a) title and property in all goods remains vested in us and does not pass to you;
(b) you must hold the goods as fiduciary bailee and agent for us;
(c) you must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;
(d) you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;
(e) we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action.

27. Your responsibilities

27.1 This clause 27 shall apply in addition to the provisions of clause 11. You shall:
(a) be solely responsible for all data inputs, the manner of use of the products by all those to whom it provides access and all outputs derived, and all other results of such processing;
(b) comply, at your own expense, with any recommendations and guidelines with respect to the use of any products, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of any products;
(c) ensure that your operators are adequately trained and informed as to the use of any products and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time;
(d)
promptly report errors or faults in the operation of any aspect of any products or any provision of the services in accordance with applicable fault reporting procedures from time to time;
(e) perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by us in respect of any products supplied by us in order to maximise the availability of and performance of the products or permit performance by us of any of our obligations hereunder; and
(f) exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder, for example, but without limiting the generality of the foregoing, advising your staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.

28. Ending your contract with us if you are a business customer

28.1 Without affecting any other right or remedy available to it, either party may terminate the contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of these Conditions and (if such a breach is remediable) fails to remedy that breach within fourteen (14) business days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntary or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceased or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under these Conditions has been placed in jeopardy.
28.2 Without affecting any other right or remedy available to it, we may terminate your contract with us with immediate effect by giving written notice to you if:
(a) you fail to pay any amount due under these Conditions on the due date for payment;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide any of the services; or
(c) you do not, within a reasonable time, allow us access to your Premises to supply the services.

29. Consequences of termination if you are a business customer

29.1 On termination of your contract with us:
(a) you shall immediately pay us all of our outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) you shall return all products provided by us which have not been fully paid for (if you fail to do so, then we may enter your premises and take possession of them); and
(c) until such materials referred to in clause 29.1(b) have been returned, then you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with these Conditions.
29.2 Termination or expiry of your contract with us shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Conditions which existed at or before the date of termination or expiry.
29.3 Any provision of these Conditions that expressly or by implication are intended to come into or continue in force on or after termination or expiry shall remain in full force and effect.

30. Entire agreement

30.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
30.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
30.3 Without limiting the generality of clauses 30.1 and 30.2, you understand and hereby confirm that:
(a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clauses (above), and
(b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.
30.4 To the full extent permitted by law, in relation to its subject matter, these Conditions:
(a) embody and constitute the entire legal and contractual relationship of the parties, including the entire terms agreed by the parties; and
(b) supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the parties.

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