© copyright 2017 Bobby W. Found

You Me & IT Ltd, 8 Windmill Drive, London, SW4 9DE

Telephone 0208 673 5340

Terms & Conditions

 

All customers agree to be bound by the Terms and Conditions of service set forth below upon usage of any services offered by You Me and IT Ltd and its associate partners as defined herein.

1.  Definitions and Interpretation

1.1 In these Terms and Conditions the following words have the meanings given: "Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland; "Business Hours" means 9am to 6pm; ”Contract" means a contract for the purchase by the Customer of Products or Services from You Me and IT Ltd incorporating these Terms and Conditions and arising from the acceptance by You Me and IT Ltd 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; "You Me and IT Ltd"  means the owners, management, or staff of You Me and IT Ltd, together with any parties to whom work may be contracted out; "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 or verbal order for Products, or Products and Services, received by You Me and IT Ltd from the Customer; "Software" means any computer software supplied by You Me and IT Ltd, whether embodied in ROM, RAM, firmware or on disk, tape or other media; "Confidential Information" means all information (whether oral, written or in any other form) of a sensitive nature which must not be disclosed to any third party and includes 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 of You Me and IT Ltd or the Customer (as the case may be); "Delivery Address" the address for delivery of the Products or Services as stated or implied in the Order; The "Price" is the price payable for the Products or Services as specified in the Order and payable in accordance with the terms of this Agreement; "Products or Services" are such Products or Services as may be sold by You Me and IT Ltd to its Customer as determined from time to time between the parties; "Purchase Order" means the Customer's order for Products or Services; “Specifications" relate to any plans, drawings, data or other information relating to the Products; “On-site visits” are any services delivered at the Customer’s premises; “Workshop Repairs” relate to any services rendered on You Me and IT Ltd's premises; “Data Recovery” means 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 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.

1.3 Any reference to a clause shall mean a clause of these Terms and Conditions unless otherwise stated.

1.4 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.  Contract Formation

2.1 All Orders submitted by the Customer to You Me and IT Ltd and accepted by You Me and IT Ltd 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 You Me and IT Ltd, whether verbally, by phone, in person or in writing (including by email) 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 phone, by email or any other acceptable means.

3.2 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. A minimum standard charge of 1 hour's labour applies to any on-site visit. If the on-site visit takes longer than 1 hour, the Customer will be charged for the extra time in half-hourly increments.

 

4.  Payment

4.1 Unless a credit agreement has been specifically arranged (see 4.3 below), payment for parts and services must be made by cheque cash or bank transfer prior to or upon the delivery of the goods or services by You Me and IT Ltd.

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 You Me and IT Ltd may at its discretion offer credit terms to the Customer subject to the status of the Customer and completion by the Customer of a credit application form supplied by You Me and IT Ltd. Such credit terms shall be determined by You Me and IT Ltd 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 3 Business Days for the payment to be credited to You Me and IT Ltd's account. You Me and IT Ltd reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to You Me and IT Ltd's 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 You Me and IT Ltd's invoice and You Me and IT Ltd 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 You Me and IT Ltd under the Contract have been paid. You Me and IT Ltd 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 You Me and IT Ltd may charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of 4 per cent per annum above the Lloyds Bank Base Rate for the time being in force. Furthermore, in the event that it becomes necessary to notify by telephone, face to face, or in writing (by text message, e-mail, through the post, by courier or personal delivery) to the customer that their payment has become overdue, or has not been received, You Me and IT Ltd shall charge a fee of £15 for each and every such communication it has made. These charges may accrue on a daily basis, will be added to the outstanding sum owed, and will become immediately payable.
4.8 All payments made by the Customer to You Me and IT Ltd shall be in pounds sterling in immediately available funds, free and clear of any right of set off or counter claim, or any withholding or deduction whatsoever.

4.9 The Customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with You Me and IT Ltd or against any third party.

 

5.  Warranties

5.1 You Me and IT Ltd, 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 You Me and IT Ltd under any agreement with the manufacturer or supplier of the relevant Product.

5.2 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.

5.3 You Me and IT Ltd may in its discretion offer support or maintenance services with respect to such Products or Services which are covered by third party warranties. All such support or maintenance from You Me and IT Ltd is chargeable, irrespective of any third party warranties.

5.4 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.  Terms of Service

6.1 You Me and IT Ltd will make every possible effort to preserve their Customers' data, however they make no guarantees whatsoever that data will be intact after a computer has been repaired or tested. The Customer agrees not to hold You Me and IT Ltd 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(s).

6.2 For customers serviced under the "Ultracare Plan" on-site visits benefit from a no-fix no-fee policy if the engineer is technically unable to resolve the reported problem. If You Me and IT Ltd technician(s) can't fix the problem on-site due to external dependencies such as faulty equipment or no internet service by BT or any other Internet Service Provider or lack of original disks or drivers, the Customer is liable to pay the minimum standard charge agreed at the time of booking. If at least one of the original problems reported by the Customer is fixed by the on-site technician, the Customer is liable to pay the full price agreed at the time of booking. In the event of a no-fix no-fee scenario we will give you a time credit to the value of the time spent on the problem which went unfixed.

6.3 Under the "Ultracare Plan" workshop repairs benefit from a no-fix no-fee policy if You Me and IT Ltd is unable to fix the original reported problem. But where the fix is possible by replacement of a faulty part or parts and the Customer does not agree to the replacement of the faulty part, You Me and IT Ltd reserves the right to charge the Customer a diagnostic fee of £55 + VAT. If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by You Me and IT Ltd technicians, the no-fix no-fee policy will apply. Where several faults are reported by the Customer and at least one of the faults has been successfully repaired, the Customer is liable to pay the full amount agreed at the time of booking. No-fix no-fee does not apply to partially repaired computer(s).

6.4 If You Me and IT Ltd is unable to repair any computer(s) due to non-supply of parts by manufacturers or suppliers, a diagnostics fee of £60 + VAT may apply to the computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable. The return of the Customer's computer(s) will be subject to prior payment of diagnostics fee and carriage if applicable. We may waive the diagnostics fee at our discretion.

6.5 If the Customer's computer develops a fault in the course of service by You Me and IT Ltd (on-site or off-site), You Me and IT Ltd will notify the Customer and indicate how this will affect the total cost of the repairs to be carried out. You Me and IT Ltd accepts no responsibility or liability for any such faults as and when they occur.

6.6 Computers repaired in You Me and IT Ltd workshops are not routinely checked for viruses, and no computer serviced by You Me and IT Ltd should be deemed virus free except in so far as it is reasonably possible to detect such infection and such a removal service has been specifically requested.

6.7 All the Customer’s computers 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 at a rate of £3 a day 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.

6.8 You Me and IT Ltd will use all reasonable endeavours to provide computer services in accordance with the terms of the Contract and will ensure that all the Services are provided with all reasonable care and skill and by suitably trained and knowledgeable persons.

6.9 In the event of an appointment being cancelled by the Customer within 24 hours of the agreed appointment time, or in the event that there is no answer at the Customer's door upon an engineer's arrival, the Customer will be charged £45 plus VAT.

 

7. Liability

7.1 You Me and IT Ltd shall a) not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data stored on the equipment/media before, during or after the supply of its services; b) In no event will You Me and IT Ltd be liable for any loss of data or loss of revenue or profits before, during or after the supply of services even if You Me and IT Ltd has been advised of the possibility of such damage or loss to persons or property.

7.2 You Me and IT Ltd’s liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services. 

7.3 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 You Me and IT Ltd. The Customer agrees not to hold You Me and IT Ltd responsible for any damage or loss of equipment or media or data loss. In case of any damage or loss to the original media or equipment, the liability of You Me and IT Ltd shall be limited to providing the Customer with similar media or equipment of comparable price or capacity.

7.4 The maximum liability of You Me and IT Ltd to the Customer whether in contract, tort or otherwise for any direct or indirect loss or damage (including to tangible property) suffered by the Customer as a result of any default of You Me and IT Ltd shall be limited to £500.

7.5 You Me and IT Ltd shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of You Me and IT Ltd 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.

7.6 Any advice or recommendations given to the Customer by You Me and IT Ltd or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by You Me and IT Ltd, is followed or acted upon entirely at the Customer's own risk and accordingly You Me and IT Ltd shall not be liable for any such advice or recommendation which is not so confirmed.

7.7 While You Me and IT Ltd will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold You Me and IT Ltd responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.

 

8. Intellectual Property Rights

8.1 All Intellectual Property Rights in relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by You Me and IT Ltd during the course of providing the Services shall vest in You Me and IT Ltd 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 You Me and IT Ltd.

8.2 The Customer will notify You Me and IT Ltd immediately if it becomes aware of any illegal or unauthorised use of any of the Products or any of the Intellectual Property Rights in the Products and will assist You Me and IT Ltd and/or its suppliers in taking all steps necessary to defend the owners' rights.

8.3 The Customer undertakes to ensure that any Software which is sold to end-users or any other third party will be accompanied by any Licence Agreement (whether shrink-wrap or otherwise) relating to that Software and any other documentation which You Me and IT Ltd or You Me and IT Ltd's suppliers may require.

 

9.  Confidentiality

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.  Variations

10.1 You Me and IT Ltd 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 You Me and IT Ltd.

 

11.  Law

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.  Waiver

12.1 The waiver by either party of a breach or default of any of the provisions in this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions. 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 under these Terms and Conditions shall not constitute a waiver of such right, power or privilege.