terms and conditions

registered company details

the pc-mac support company ltd registered in England no | 05067911

registered office

58 Queen Anne Street
London | W1G 8HW

trading address

Lymehouse Studios | 2nd Floor
Block B | 38 Georgiana Street
London | NW1 0EB

tel | 020 7482 5599
fax | 020 7482 5161
email | info@pcmacsupport.co.uk

website terms and conditions

1) website operator

• This website is operated by pc-mac (the pc-mac support company ltd)

2) licence

• pc-mac lets you use this website on the following basis. This use is not exclusive to you
• pc-mac may stop your use or the provision of the website at any time and does not have to tell you before then
• pc-mac reserves the rights to change these terms and conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
• you agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party

3) materials in site

• this website contains material which pc-mac owns or is allowed to use. This material includes, amongst other things, its design, layout, look, appearance and graphics. It is protected by copyright and other intellectual property laws.
• you may view, use, download and store the material on this website for personal and research use only but not for any commercial use. You may not distribute, publish, or otherwise make available the material on this website to third parties without asking pc-mac first or it may be a criminal offence and lead to legal action for damages.
• documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not pc-mac). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are not always indicated within these documents / photographs).

4) accuracy of information

• the information in this website is for general information/interest only and may change without prior notice. pc-mac has tried to ensure the material is accurate but does not guarantee this. pc-mac does not accept responsibility for errors. Clause 6 is the exception to this.
• the information in this website should not be relied on and is not to be taken as advice or recommendation. By using this website you confirm that you have not relied on any such information. If you choose to make any arrangements with any third party referred to on this website you do so at your own risk and responsibility.
• the information made available by pc-mac on this website does not form part of any contract and should not be seen as an offer to do so.

5) linking

• this website may contain links to other websites. pc-mac accepts no responsibility or liability for the content of other websites which are not under its strict control. Link(s) are not intended to be a recommendation of any kind by pc-mac of another website, and should not be seen as such.
• you may not create a link to this website from another website or document without first asking pc-mac.

6) liability

• pc-mac does not guarantee that this website will be compatible with all hardware and software which you may use when trying to visit this site.
• except for under clause 6.3, pc-mac will be under no liability to you whatsoever regardless of how it is caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website. This includes the risks of working online (i.e. any damage caused by any computer virus).
• these terms and conditions do not exclude pc-mac’s liability (if any) to you for personal injury or death resulting from pc-mac’s negligence, for fraud or for any matter which it would be illegal for pc-mac to exclude or to attempt to exclude its liability. Otherwise they do exclude any actions brought in negligence or otherwise.

7) privacy

• pc-mac is registered under the terms of the 1988 Data Protection Act, and we are committed to protecting your privacy. Personal information entered online will be held securely, and will not be used for any other purposes other than those for which you have given us permission.
• in disclosing your personal information you agree to the collection, storage and processing of your personal information by us. Your personal information will be used for internal administration/analysis, or to inform you about events that we think will interest you.
• pc-mac will never pass your personal information on to third parties without your explicit consent.

8) complete agreement

• these terms and conditions contain all the terms which you and pc-mac have agreed in relation to the use of the website.

9) jurisdiction and acceptance of these terms and conditions

• this website is controlled and operated by pc-mac from its offices in England (see clause 1). Any dispute relating to any of the materials contained in this website shall be governed by English law. This includes the construction, performance, validity of these terms and any question about any of the content of this website.
• the English and Welsh courts shall have exclusive jurisdiction to settle any disputes about these terms or use of the website.
• your continued use of this website indicates your acceptance of these terms.

business terms and conditions

agreement term and termination

This Agreement commences on the Start Date and subject to the provisions for earlier termination set out in this Agreement and its Schedule shall run for the Initial Period and shall continue thereafter from year to year unless either of us terminate this Agreement by giving the other at least three months written notice to expire at the end of the Initial Period or on any anniversary of the Start Date. Where You fail to sign this Agreement yet The pc-mac Support Company Limited (pc-mac) start to provide Services at your request, You agree that this Agreement shall commence from the Start Date irrespective of your failure to sign.

Should you purport to terminate this Agreement during the Initial Period or any extension period, the Costs shall nevertheless continue to be payable as if this Agreement had continued up to the end of the Initial Period or if the Initial Period shall have expired until the next anniversary of the Start Date.

This Agreement may be terminated:-

forthwith by pc-mac if You fail to pay any sum due hereunder within 14 (fourteen) days of the due date for payment; forthwith by either party if the other commits any material breach (which shall include but not be limited to bankruptcy, insolvency, IVA’s, CVA’s) of any term of this Agreement (other than one falling within the above sub-clause and which in the case of a breach capable of being remedied) shall not have been remedied within 14 (fourteen) days of a written request to remedy the same; and Any termination of this Agreement pursuant to this clause will be without prejudice to any other rights or remedies either party may be entitled to at law and will not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

We will provide the Service personally to you for the System for the Initial Period and any extension in accordance with the terms and conditions of this Agreement which you agree to be bound We shall be entitled to make supplementary charges for works we carry out that are not covered by the Service for which you have subscribed and which shall be payable by you upon completion of the works to which the supplementary charges relate. Prior to the expiry of the first anniversary of the Start Date and each subsequent anniversary, We shall be entitled to inspect the System at our own cost for the purpose of auditing the System and the Costs shall be adjusted (upwards or downwards (save that they shall not be reduced below 10% of the initial System size if pc-mac are of the opinion which You agree shall be final and binding that You are attempting to reduce the Costs to nothing or a nominal amount) ) to reflect any changes thereto since the Start Date or, as the case may be, the last such audit. Any such adjustment shall take effect on and with effect from the next anniversary of the Start Date.

pc-mac shall use their remote access software to carry out such audit and any equipment which has been online (i.e. our remote access software could connect to) in the 6 months prior to an anniversary of this Agreement shall be included as being part of the System and included in calculating the Costs. Where any new equipment and/or software is to be covered by the terms of this Agreement following an audit the following provisions shall apply where such equipment has not been installed and commissioned by pc-mac , or if such equipment and/or software has been maintained by a third party (“Third Party Products”):

We shall be entitled to inspect/test the Third Party Products prior to acceptance for the Service; If such inspection/test reveals that the Third Party Products do not meet the applicable regulatory standards or otherwise, in our reasonable opinion, or are incapable of being maintained, We shall provide You with details thereof;

If You shall fail to have the necessary corrective work undertaken within three months of the date upon which We provide details thereof as aforesaid We shall be entitled to refuse to incorporate the Third Party Products or any part of them within the terms of this Agreement by notice in writing to You; We shall be entitled to make a Supplementary charge for each inspection/test made prior to acceptance of any Third  Party Products.

system maintenance

We will provide the Service personally to you for the System for the Initial Period and any extension in accordance with the terms and conditions of this Agreement which you agree to be bound by.

pc-mac recognise that the System may be added to or reduced during the term of this Agreement. To be flexible, pc-mac shall during the Initial Term or any annual extensions allow the System to grow or reduce by upto10% of the System size without charge. Where the System size increases at any time beyond the 10% flex allowed for, pc-mac reserve the right to make additional charges to reflect the increase in the System size. Should the System size reduce by more than 10%, pc-mac shall have the option but not the obligation to reduce the Costs accordingly. Any such increase or decrease in Costs shall take effect from the month in which the System size is agreed to be increased or decreased between us. You shall not use this flex clause to reduce the service to nothing or in pc-mac ’s reasonably opinion a nominal amount.

costs

You shall pay the Costs for the Service as set out in this Agreement for the Initial Period and any extension thereof. If you fail to make payment of any of the Costs as and when they fall due, We shall without notice be entitled to

• a) immediately suspend the Service (any such suspension fornon-payment shall not be deemed to be a breach of this Agreement);
• b) charge you interest at 4% above Barclays Bank Base Rate on the amount unpaid for such period of non-payment;
• c) charge you a reasonable administration fee;
• d) cancel this Agreement in accordance with the termination provisions set out herein;

We shall be entitled to make a Supplementary charge for each
inspection/test made prior to acceptance of any Third Party Products. If in our opinion, your use of pc-mac is below that of the average user, we shall notify you of this prior to the expiry of the Initial Period or any extension period and should this Agreement renew for a further year, you will receive a low usage discount for that year of at least 10% of the
Costs that we would charge you for the year.

If in our opinion, your use of pc-mac is more than that of the average user, we shall notify you of this prior to the expiry of the Initial Period or any extension period and should this Agreement renew for a further year, we shall be entitled to charge you a supplementary charge which shall be added to the Costs that we would charge you for the year. If in our opinion your use of pc-mac is excessive, we shall notify you of this. If in our opinion it continues to be excessive, we reserve the right to make such supplementary charges.

pc-mac operates a fair use policy. This is reviewed annually and levels of use will be available upon your written request. Supplementary charges and pc-mac Service charges (Costs) are set out in the pc-mac price list and may be subject to change. All Costs and charges are exclusive of VAT.

general

force majeure

Both parties will be released from their respective obligations in the event of national emergency war or if any other cause beyond the reasonable control of the parties renders performance of the Agreement impossible whereupon:

All money due to pc-mac shall be paid within 10 days Provided that this clause shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 6 calendar months.

assignment

We may assign this Agreement and the rights and obligations thereunder. This Agreement is personal to You and may not be assigned without Our prior written consent.

warranties

We Both warrant that:- We have full power and authority to enter into this Agreement and fully perform our obligations hereunder; We have or undertake that we will have (directly or indirectly) the necessary licences (including all software licences), consents, clearances and permissions required from any third party, governmental authority and/or regulatory authority as is necessary to perform fully our obligations detailed in this Agreement and that we are not in breach of the terms of any such licences, consents, clearances and permissions which we have. Additionally, we both undertake that we will not knowingly do or permit to be done (either by commission or omission) anything, which might cause any such licence, consent, clearance or permission to be suspended or revoked. You confirm that all software on your System that pc-mac have not provided you with is fully licensed and you agree to fully indemnify us for any breaches of any such licenses, consents, clearances, permissions where we have not provided the software and where we provide you with any software that requires a licence or consent, you agree to be bound by the terms and conditions that relate to the software that we provide.

Where pc-mac backup your data it shall only be stored for a period of 14 days after your computer is returned to you. Such data will not be reviewed or passed on to any other parties and upon the expiry of the 14 day period, your data will be deleted from our records. You agree that you consent to us storing your data for backup purposes only and such storage is not in breach of the Data Protection Act 1998.

software supplied by pc-mac if the same were not designed or manufactured by pc-mac (when you will be entitled only to the benefit of any such warranty or guarantee, terms and conditions and licenses as is given by the supplier to pc-mac for your benefit). Where pc-mac give You any advice as to what hardware or software to purchase, such advice shall only be a recommendation and You confirm that You have satisfied yourself as to the suitability of the recommendation made and shall have no claim against pc-mac should such recommendations not meet your requirements.

goods

Any equipment supplied by pc-mac shall remain the property of pc-mac until such time as You have paid for it in full and until such time You shall keep the equipment fully insured and in the same condition as it was supplied to you by pc-mac. You shall have no rights whatsoever in the equipment until full payment is made by You and pc-mac may be entitled to have full and free unfettered access to enter your premises or any such premises where the equipment may be to remove such equipment.

In the event that pc-mac, at our discretion agree to accept the return for credit of unwanted products, the goods must be returned with our prior written agreement within 14 days of delivery. The goods must be unopened, with the manufacturer’s seals intact and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a 25% re-stocking fee of our sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturer’s seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.

No contract shall be cancelled once accepted by pc-mac nor shall any goods which are delivered in accordance with the contract be returned without prior written approval of pc-macand on terms to be determined at the absolute discretion of pc-mac.

whole agreement

This Agreement contains the entire agreement between Us with respect to the subject matter hereof, supersedes all previous agreements and understandings between Us with respect thereto.

We may at any time vary the terms of this Agreement by giving at least 30 days written notice to expire on an anniversary date. Any such variation shall come into effect on the said anniversary date. The Agreement may not be otherwise varied or amended unless signed by both of us in writing. This Agreement includes the terms set out in any proposal documents and application forms however in the event of any conflict, these terms and conditions shall prevail.

preservation

If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision will not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability will remain in full force and effect. We Both hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid and unenforceable provision.

waiver

Any waiver by either of Us of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.

liabilities and indemnities

Except where otherwise expressly stipulated in the Agreement the following provisions set out our entire liability (including liability for the acts and omissions of our employees, agents and sub-contractors) to You in respect of any breach of our obligations arising under the Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

We will be liable to you in respect of damage to the tangible property of yours resulting from our negligence or that of our employees, agents and sub-contractors Provided That our entire liability in respect of such
damage shall be limited to a maximum of £250,000 (two hundred and fifty thousand pounds).

Notwithstanding anything to the contrary in this Agreement We shall not, except in respect of death or personal injury caused by Our negligence, be liable to You even if the same were reasonably foreseeable by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this Agreement, for any loss, consequential loss or damage (whether for loss of profit, loss of opportunity, loss or reduction of turnover, or damage to goodwill and whether occasioned by Our negligence or of our employees agents or otherwise) arising out of or in connection with any act or omission by pc-mac.

You acknowledge that pc-mac would not enter into this Agreement at the prices herein without the foregoing limitations of liability. We both acknowledge that the allocation of risk in this Agreement (including the exclusions and limitations set out in this Clause) has been freely negotiated at arm’s length and is regarded by us as reasonable. You acknowledge that you have had an opportunity to consider  adequate insurance cover and to obtain professional advice in relation to this Clause.We do not warrant or represent that the System is immune from fraudulent intrusion, unauthorised use, viruses, worms, trojans and accordingly we will not be liable for any loss, damage, cost or expense directly or indirectly occasioned thereby.

We do not warrant or represent that the System is immune from fraudulent intrusion, unauthorised use, viruses, worms, trojans and accordingly we will not be liable for any loss, damage, cost or expense directly or  indirectly occasioned thereby.

We shall not be liable to you in any way whatsoever for any lost data on your System no matter how the loss occurs and it is your responsibility to ensure that you have backup. pc-mac shall not be liable for any claim arising under this Agreement unless You give pc-mac written notice of the claim within twelve months of becoming aware of the circumstances giving rise to the claim, or, if earlier, twelve months from the time You ought reasonably to have become aware of such circumstances. Nothing in the Agreement shall detract from any of your rights or our obligations which it is under English law prohibited from seeking to exclude or limit.

contract (rights of third parties) act 1999

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and we both irrevocably agree the Courts of England and Wales shall have exclusive jurisdiction in relation to any claim dispute or difference concerning this Agreement and any matter arising there from.

notices

Any notice, instruction or other document to be given by either party to the other facsimile transmission (as appropriate) to the address specified above.