Computer Technology Unlimited
Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
Contract sets out the terms on which Computer Technology Unlimited will provide
Products and/or Services to you
1.2 Computer Technology Unlimited which is the trading name of Tim Maguire
1.3 In these terms and conditions the following words shall have the following
meanings unless inconsistent with the context:
“Proprietor” means Tim Maguire the Proprietor of Computer Technology Unlimited.
"Contract” means any contract between us and you for the sale of the
Products and supply of the Services formed in accordance with condition 2
"Products” such products to be sold by us to you as may be agreed from
time to time by us and you
"Services” means any configuration or installation services provided by us
"we/us/our” means Computer Technology Unlimited
"you/your” you, being the person(s) whose order for the Products and
Services is accepted by us
1.4 You may have other rights granted to you by law in addition to those set
out in these terms and conditions, which we may not exclude. These terms and
conditions do not affect those other rights granted by law.
2. CONTRACT FORMATION
2.1 All Orders submitted by the Customer to CTU and accepted by
CTU shall be subject to these following terms and conditions which shall
form part of and govern any Contract. Subject to any variation under condition
2.3, the contract shall be on these conditions to the exclusion of all other
terms and conditions.
2.2 No terms or conditions endorsed on, delivered with or contained in your
order, confirmation of order, specification or other document shall form part
of the contract simply as a result of such document being referred to in the
2.3 These conditions apply to all CTU’s supply of goods and/or provision of
service and any variation to these conditions and any representations about the
goods and/or provision service shall have no effect unless expressly agreed in
writing and signed by the Proprietor. You acknowledge that it has not relied on
any statement, promise or representation made or given by or on behalf of the
company that is not set out in the contract.
2.4 Acceptance by the Customer of any estimate or quotation for Products and/or
Services issued by CTU shall be deemed to be acceptance of these terms and
2.5 Following completion of the relevant Services or delivery of the relevant
Products, you will be presented with an invoice which also serves as a job
sheet. It is your responsibility to ensure
that the information specified on the invoice is accurate.
2.6 The company website, leaflets, marketing material or correspondence are not
binding and reasonable variations may be made without notice to the services,
the provision of services and/or the supply of goods so varied shall be
accepted as complying with the contract.
2.7 No order placed by you shall be deemed to be accepted by CTU until a
written acknowledgement of order is issued by CTU or CTU delivers the goods or
performs the service to you.
3. TERMS OF PAYMENT
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.
3.2 We may vary any prices or rates, and/or charge to you any taxes or duties
imposed in relation to the Products or Services, at any time by posting the
resulting price changes on our website or otherwise giving you notice. You can
contact us and request details of our prices or any price change by ‘phone during
normal office hours or at any time by email.
3.3 You confirm that any quotes or estimates provided by our telephone
operators or technicians prior to the provision of Products or Services are
non-binding estimates only and that the final price payable by you may vary
from such quotes or estimates.
3.4 A fee of one hours labour will be charged once an engineer has been
dispatched to the specified premises, even if you cancel the visit before the
engineer arrives on site.
3.5 If the correct information required to be supplied by you is not available
upon arrival of the CTU engineer resulting in an aborted visit a fee of one
hours labour will be charged for the aborted visit and the service will need to
be rescheduled at full cost.
3.6 If there are any unknown issues found once onsite and the service booked
cannot be completed as specified, the booked service will be charged and a
troubleshooting service will need to be booked at standard troubleshooting
rates to solve the issues found.
3.7 CTU engineers reserve the right to provide a booked service on customers
existing equipment, engineers will test any existing equipment and will not
proceed with any equipment they consider to be faulty or dangerous. CTU can supply approved equipment that can be used to resolve your problem
should your existing equipment not be suitable. There will be a charge for any equipment so supplied.
3.8 You agree to pay for any loss or extra cost incurred by CTU through your
instructions or lack of instructions or through your failure or delay in taking
delivery or through any act or default on your part.
3.9 Unless otherwise agreed by CTU in writing, the price for the provision of
services and/or supply of goods shall be chargeable by CTU on the date of
provision and or supply of the same.
3.10 CTU will collect payment upon completion of work by cash or cheque unless
otherwise agreed beforehand.
3.11 Time charges for ‘troubleshooting’ charged for business customers by CTU are
our standard hourly rate for time spent onsite. Business customers are charged
by CTU in hourly increments at £65 per hour for desktop and laptop only work
and £65.00 per hour for any environment that contains Servers and Routers. A
minimum billing time of 1 hour is charged for all ad-hoc work. Consumer
customers are charged £50 for the first hour if they reside in postcode areas
GU1, GU2, GU3 or GU4 residence outside of these areas are charged an additional
travel increment in proportion to distance and time to travel. Such surcharge will be agreed
beforehand. Subsequent hours are charged
3.12 Payment terms for Domestic/Consumer/Home Based User customers are strictly
payment upon completion of work. Credit terms are not offered to
Domestic/Consumer/Home Based Users customers. Payment in cheques that do not
clear, will be subject to an additional £50 surcharge and will incur interest
charges of 7% above the Bank of England current variable base rate.
3.13 Payment terms for Commercial/Business/Office Based User customers are strictly
payment upon completion of work for all ad-hoc work. Credit terms are only
offered to approved Commercial/Business/Office Based customers for contracted
and scheduled work, credit accounts are subject to approval by PRIOR
arrangement. Approved credit terms are strictly 7 or 14 days from date of
invoice. New business customers are required to pay for any equipment in full
clear funds at least 3 days PRIOR to their installation by CTU any other charges to be paid on receipt of the invoice. Payment in cheques that do not clear, will be
subject to an additional £75 surcharge. Late payment will incur interest
charges of 10% above the Bank of England current variable base rate.
4.1 Risk of damage to or loss of the supplied Products will pass to you
upon completion of service.
4.2 Ownership of the Products will not pass to you until we have received in
full (as cleared funds) all sums due to us in respect of the Products and
5.1 We aim to deliver the Products and perform the Services within the time
indicated in our acknowledgement of order but cannot give an exact delivery or
performance time or date.
5.2 We shall arrange delivery of any Products to such address or addresses as notified
by you. A delivery note signed by you shall be satisfactory proof that delivery
has taken place unless the engineer brings the Product at the time of the
6. YOUR RIGHT TO CANCEL
6.1 You must cancel any call-out requested for a technician at least 24
hours prior to a scheduled visit, failing which we reserve the right to charge
you a cancellation fee of £50.00 plus the cost of any parts ordered. If an
appointment is made for the same day, ie you telephone CTU and make an
appointment for a technician on that same day, and then cancel that appointment
a cancellation fee of £50.00 will be charged
7.1 To the extent that it is permitted to do so, we will assign the benefit
of any guarantee or warranty covering any defects in Products received by us
under an agreement with the manufacturer or supplier of the relevant Product.
7.2 If any Services are provided by us, they will be carried out with
reasonable care and skill and by suitably trained and qualified persons.
7.3 As part of any Services, we may provide you with our guidance on software
installation and maintenance. You hereby acknowledge that you are responsible
for obtaining all necessary third party licences for software or other
intellectual property or products, and warrant that you are not in breach of
any relevant licences and that you are compliant with all relevant applicable
8. GUARANTEE OF PRODUCTS AND
8.1 CTU engineers are trained to help, and we guarantee to supply an
appropriately trained engineer to your premises. We do not guarantee that we
can fix every problem as inevitably some problems cannot be fixed without
required action or recommendations being carried out by you. In cases where you
are unwilling to take the action required and in circumstances where other
unforeseen issues arise you are liable to pay in full the charges that are
incurred for goods and/or services provided by us.
8.2 When a CTU engineer provides support, there can be no guarantee that the
issue will not occur again or that a similar issue may occur with the same
manifestations as the issue already addressed.
8.3 We are only liable to you for losses which you suffer as a result of a
breach of these terms and conditions by us.
8.4 Our liability to you shall not in any circumstances include any personal or
business losses that you may incur, including but not limited to lost data,
lost profits or business interruption.
8.5 Any advice or recommendations given to you by us or our employees or agents
as to storage, application, use or preference of the Products and Services
which is not confirmed in writing by us, is followed or acted upon entirely at
your own risk.
8.6 You agree that we shall not be responsible for the cost of any repairs or
any other losses which occur as a consequence of a failure of your goods unless
that failure occurs as a direct result of our provision of the Services.
9. ADULT REPRESENTATION
9.1 Our rules of conduct require that you have adult representation present
throughout each onsite visit from a CTU engineer.
10. REMOVAL OF EQUIPMENT
10.1 CTU engineers may take custody of your hardware or software and/or
remove it from your premises. Our engineers will advise you if any item requires
attention by a third party or your equipment manufacturer or supplier. We do
not operate a dispatch service for your equipment.
11. UNFORESEEN EVENTS
Neither we nor you shall be liable to each other if we cannot perform our
obligations under this Contract because of an event beyond our or your control.
12.1 The formation, existence, construction, performance, validity and all
aspects whatsoever of these terms and conditions or of any term of these terms
and conditions will be governed by the law of England
12.2 The English and Welsh courts will have non-exclusive jurisdiction to
settle any disputes which may arise out of or in connection with these terms
12.3 If we do not enforce any of our rights under this Contract this does not
prevent us from exercising these rights in the future.
12.4 The Contract and all communications between us will be conducted in the
customers agree to the below in additional to our terms and conditions as
CTU are not prepared to service systems that are found to have illegal
software, illegal computer files or any data material that infringes copyright
law or any other laws in the UK.
We are responsible for reporting any illegal activities to the authorities.
This does not affect your statutory rights.