Terms and Conditions (Click
HERE to download a PDF Copy)
The terms and conditions set forth below are a legal agreement between you (the Client) and Mistley Computer Services. These terms and conditions shall
apply to all goods and services supplied to the Client by Mistley Computer Services.
By accessing these terms and conditions, browsing this website, the Client acknowledges that they have read, understood and agree with the
terms and conditions stated including exclusions and disclaimers in respect of liability and loss arising from the supply of goods and services to you the Client.
These terms and conditions do not affect the Clients statutory rights.
By commissioning Mistley Computer Services, you are entering into a contract with us. The following terms and conditions set forth are our obligations to you and what you are agreeing to.
Terms and Terminology
In these terms and conditions, references such as "our", "we", "us" and "their" refers to Mistley Computer Services.
The use of headings in these terms and conditions is for convenience only and shall not affect the interpretation of the terms and conditions under the headings.
Mistley Computer Services, the Client authorises the inspection and evaluation of the equipment to determine the nature of the repairs required and provide an estimate of repair cost and the time scale involved. The evaluation is
free of cost to the Client and no work beyond the evaluation will be charged without explicit Client approval.
Mistley Computer Services when commissioned to carry out repairs also have the necessary permission from the
Client to replace components with new or used devices of a similar or better design and capability.
The Client also authorises Mistley Computer Services, its employees and agents to receive and transport equipment to and from the Clients premises to the offices of Mistley Computer Services.
Repair Order Process
To process your equipment repair request we require the following information as a minimum:
Landline contact number
Mobile contact number
Computer passwords etc.
We will NOT use your details for marketing purposes or pass your details to any third party.
Client Legal Rights
The Client is the legal owner of the computer equipment handed over to Mistley
Computer Services for repairs. It is also acknowledged that all data stored on the computer equipment is the Clients property and Mistley Computer Services is not permitted to access this data without the explicit permission of the
Payment is due in full upon completion of a successful repair, prior to the release of the equipment whether delivered to the Clients address or picked up from Mistley Computer
Services place of business unless by special previous arrangement.
Payment in full must be made within 30 days from the date of the invoice. Beyond the 30 days, we have the right to add an additional 5% penalty of the total invoice for each week of non-payment.
Overdue payments may place the Client on credit hold. This means no further services, repairs or equipment will be supplied or made available to the Client until all previous payments are paid in full.
We will accept payment by cash and all major credit and debit cards. We unfortunately cannot accept payment by cheque..
Refunds can be by cheque or refunded to the credit or debit card used when paying for the service or repair.
In circumstances when goods are supplied, you will only own these goods when payment in full is received.
Computer parts, hardware, and software that need to be specially ordered must be paid for in advance.
Estimate for Repairs
Upon initial inspection of the equipment, an estimate will be provided for the necessary repairs.
For work estimates above £200 a deposit of 50% for goods and services will be required prior to the commencement of the works.
The acceptance of an estimate or quotation for a service or repairs and instruction to proceed by the Client either verbally by telephone or in person, or in writing (including email) shall be deemed acceptance of these terms
Availability of Goods and Services
Goods and services are subject to availability. If for whatever reason we are unable to supply any goods or services we will not be held liable
for any compensation or damages as a result of the non performance.
Booking a Repair Service
You can book a service by either calling to our premises or requesting a repair service via email or text.
Home or Business Call Out Requests
If you require a home or business call out this will
incur additional charges which will be conveyed in the quotation for the repairs. Home or business call outs are subject to availability of suitable engineers and allocated on a first come, first serve basis.
Online requests will be confirmed by either telephone or by email.
If a home or business call out is booked and access is not gained at the agreed allotted time the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
In the event when we cannot make the
appointment at the agreed time due to factors beyond our control you will be contacted in advance advising you of the situation and re-schedule an appointment as soon as reasonably possible at a mutually convenient time. If you
wish, you have the right to cancel your service or repair request. A full refund will be offered for any payments made in advance.
Cancellation of a Call Out Service Request
You may cancel an agreed home or business call out at any time up to 2 hours prior to the agreed appointment time.
Cancellations made in sufficient time will be entitled to a full refund of any funds paid in advance.
If you cancel or change an appointment within 2 hours prior to the agreed time, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
Service or repair cancellations can be communicated by any of the following:
If no one was available when an engineer calls to the Client's premises, a note will be left confirming
the call out. A new appointment can be re-scheduled however, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate in addition to the costs of the service or repairs.
Delivery of Goods and Services
At the time of the order, we will endeavour to confirm a time scale for the service or repairs. There may be instances when the delivery of the service cannot be achieved due to
circumstances beyond our control. All delivery times indicated should be considered approximate and we will not be held liable for compensation, damages due to a late or non-delivery.
If equipment is delivered back to the
Client in a damaged or faulty state you must inform us within 24 hours of the fault. We will arrange collection and repairs at our cost. If you fail to inform us within 24 hours, we shall have no liability for the goods damaged on
delivery. This does not however affect your statutory rights.
Our Collection Policy
Any equipment left with Mistley Computer Services and unclaimed for 30 days, will be disposed off to recover our
costs incurred while carrying out a service or repair. After this period, Mistley Computer Services shall have no liability to the Client or any third party.
Non Compatibility Software
understands and accepts that some software applications may no longer work correctly after a repair has taken place. This may be due to the installation of the latest hardware or software. It is therefore the Client's
responsibility to reinstall or reconfigure these applications.
Backing Up Data
Mistley Computer Services will make every possible effort to preserve the Client's data and files, however it should
be noted that there are NO GUARANTEES whatsoever that the Clients data and files will remain intact after the repairs.
IT IS THEREFORE THE CLIENT'S SOLE RESPONSIBILITY TO ENSURE THAT ALL THE DATA AND INFORMATION STORED ON
THE COMPUTER EQUIPMENT REQUIRING REPAIRS IS APPROPRIATELY BACKED UP TO OTHER STORAGE DEVICES PRIOR TO HANDING OVER FOR REPAIRS.
Charges will be incurred if Mistley Computer Services has to perform a lengthy backup procedure to protect the Clients own data in order to complete the repairs.
We cannot be held responsible for the following during the repairs:
Loss or corruption of data, files, information or records;
Any loss of business goodwill
Any losses attributed to the interruption to business activity while equipment is out of service for repairs
Failure by the Client to follow our reasonable recommendations, instructions and advice to back up data
Any losses you may suffer arising from failure to use anti-virus software
Any loss considered to be unforeseeable
Damage resulting from viruses or other malicious software that may have been transmitted during servicing or repairs and therefore escaped detection
Mistley Computer Services will not be liable for any damage caused to other equipment by parts supplied following any repair.
Confidentiality of Data Stored on Computer Equipment
Mistley Computer Services, its Employees and Agents agrees not to disclose to a third party any information or data files stored on or recovered from the Client's equipment during the service or repair.
Whilst Mistley Computer Services shall make every effort to preserve the integrity of equipment left for repair, the Client agrees not to hold Mistley Computer Services liable for any accidental
damage to the said equipment including but not limited to – casing cracks, scratches, deformations, theft of the equipment etc.
Additionally Mistley Computer Services cannot be held liable for any loss of data, loss of
revenue or profits, or any incidental, contingent, or consequential damages, howsoever caused either prior, during a service or upon completion of a service.
Mistley Computer Services liability of any kind with respect to services undertaken, including any negligence on its part, shall be limited to the contract price for the services provided.
Furthermore, should Mistley
Computer Services, its employees or agents offer any advice or recommendations to a Client as to the use of computer equipment, storage, use of software applications confirmed by whatever means is used entirely at the Clients own
risk and accordingly Mistley Computer Services shall not be held liable for any such losses associated with such advice or recommendations.
Mistley Computer Services provides a 30 day
warranty on labour only repairs carried out on computer equipment requested by the Client. Mistley Computer Services makes no warranty for data or computer files either expressed or implied. Mistley Computer Services disclaims any
data warranty of any kind. If the same problem re-occurs within 30 days of the original repair, Mistley Computer Services will undertake the repair again without charge. However, charges will be incurred should additional parts are
required. This warranty excludes faults caused by viruses or software issues.
All computer parts supplied by Mistley Computer Services are new and come with a 1 year manufacturer's warranty from the date of the repair. In
some instances, we may offer second hand or used parts at a reduced cost. The Client will be consulted if they are willing to accept second hand or used parts prior to fitting. No warranty will be provided with second hand or used
Any warranty offered will become invalid if the manufacturers marked label is removed or tampered with in any way from the parts installed during a repair.
Parts are only covered under warranty that fail due to
manufacturing defects for the said parts and confirmed by the component manufacturer. Should the part fail because of mishandling of the computer equipment or inadequate subsequent servicing or failure from "fair wear and tear" the
warranty becomes invalid.
Damage to a computer system or its components supplied by Mistley Computer Services under a repair contract caused by a power surge or spikes, including but not limited to mains power and telecoms
connections or other unspecified sources e.g. voltage fluctuation, amperage fluctuation, water ingress are not covered under the warranty.
Furthermore, the warranty does not cover for any loss or damage due to negligence,
mishandling, accidents, theft, water flooding, war outbreak, electrical storms, fire outbreak, earthquakes, or any other act of God.
During the performance of our
services, we may affect a manufacturer's warranty validity. It is the Clients responsibility to determine the consequences of our services on any manufacturer's warranty and take the appropriate action necessary.
No Fix No Fee Policy
Mistley Computer Services "No Fix - No Fee" policy means that if an Engineer cannot fix the problem with the equipment or does not possess the necessary technical skills, knowledge or ability
to resolve the problem or effect the repair, then in this instance there is a "No Charge" for the services provided to the Client. It is at our Engineers discretion whether or not a repair is possible.
It is agreed however that we must be given sufficient time and access to the equipment to diagnose the problems.
However, if the Engineer is able to resolve the problem but is prevented from doing so by the Client
instructing the Engineer not to proceed with the service or repair, then in this instance, the Client will be charged for the time spent up until that point (a minimum of 2 hours at the standard hourly rate).
if the Engineer is able to resolve the problem but prevented from doing so because the Clients does not possess the required accessories, the CD for third party software or software Product Key, then in this instance the Client
will be charged for the time spent up until that point (a minimum of 2 hours at the standard hourly rate).
Furthermore, if the Engineer provides a clear and precise diagnosis of a failed component within the equipment,
however the Client decides not to proceed with the repair or replacement of the said component, then the Client will be charged for the time spent up until that point (a minimum of 2 hours at the standard hourly rate).
This policy does not apply to work preformed to recover data, solve computer virus, malware or spyware issues or in cases in which the equipment was affected by a lightning strike.
provided a quotation and subsequently discover that the quote is incorrect, we reserve the right to cancel the order and return your equipment without any repairs carried out. We will contact you at the earliest convenience to
advise you of the situation and you will be given the option to proceed based on a new revised quotation or the order can be cancelled.
If you choose to cancel the order, any monies paid in advance for the repairs will be refunded in full.
All contracts formed between Mistley Computer Services and the Client shall be governed by and construed in accordance with and governed by the laws of Great Britain and Northern Ireland.
Each party agrees that any disputes not resolved by the normal complaints procedure will be submitted to the court within the jurisdiction of Great Britain.
Correctness of Information and Disclaimer
Although every effort is made at all times to make sure the information contained in our website and in our documentation provided is accurate, current and reliable information, it should be recognised there is a possibility of
errors in the information contained within. Mistley Computer Services expressly denies any warranty of the accuracy and reliability of any information provided in their website or documentation. Mistley Computer Services shall not
be held liable for any losses caused by anyone's reliance upon the accuracy and reliability of the information contained within.
We reserve the right to amend the content of our website and or our documentation at any time without prior notice.
We cannot accept any responsibility for other websites we do not control, which may be linked to or from our website.
It should be noted, that services and or products indicated in this website might be altered, modified or
discontinued at any time without prior notice. It should also be noted that published fees for services, repairs and or products are subject to change without prior notice.
Mistley Computer Services has the right, at their discretion, to refuse the supply of goods and services.
Mistley Computer Services reserves the right to change their terms and conditions at anytime without prior notice