IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING OR USING THE LetUsFixIT HELP LINE.
In addition to the policy definitions already stated, the following words shall have the meanings given below wherever they appear in bold print:
Technical issue - any issue, incident or problem relating to the equipment.
Case - A single technical issue.
Help desk - the service we will provide as described in the section called “What we will do for you”.
Terms - the terms and conditions set out in this document.
Website - letusfixit.co.uk
2. Our contract with you
- 2.2 If any of these terms conflict with any term on our website or in any email confirmation we may send you, these terms will take priority. You should print a copy of these terms or save them to your computer for future reference. [These terms, and any contract between us, are only in the English language.]
- 2.3 These terms may be amended by us from time to time, and the terms in force at the time we enter into our contract will apply. However, we may make changes to the terms which apply to your contract at any time in order to comply with changes in the law and regulations and you will be notified in writing of any such amendment(s) before they take effect. These changes will apply to you from the date they take effect, unless you choose to cancel the policy.
- 2.4 You must be an individual consumer to order our help desk services. If you are a business, enterprise or company (of any size) you must accept that this service is intended to be for domestic and private use, and you should be aware of the additional limitations on liability that apply to you. This help desk service is not intended to be used or relied on in a business context.
3. Our Services
- 3.1 What we will do for you?
You can contact us by telephone during the period of insurance in relation to a certain number of technical issues (subject to our Fair Use Policy). We will support up to three (3) computers classed as laptops, notebooks or tablets and peripherals of UK specification, which have been registered with the administrator under the policy schedule.
At the end of the period of insurance, you will not be entitled to any more support from us, even if you have not received support for the full number of technical issues covered by your policy schedule. Also, you will not be entitled to a refund for any unused support.
- 3.2 The help desk is subject to the following Fair Use Policy: (a) you must not use the help desk to obtain support services for other people's equipment or peripherals; (b) you must not sell or offer our support to any other person; and (c) we reserve the right to refuse to provide any further service where more than four cases occur in one year. We have the right to cancel the policy if you do not comply with our Fair Use Policy.
- 3.3 What is not covered by the help desk service?
(a) Products that have not been registered with the administrator under the policy schedule. Fixing or providing a work-around for faults, bugs or other defects in any software or applications
(b) Repairing hardware, or fixing or replacing broken equipment
(c) Any local or hands-on support that you may require (as the help desk service is only provided remotely via telephone or the internet). This means that where your technical issue requires hands-on support, this cannot be carried out by us and you will need to arrange and pay for support from an alternative support provider
(d) Providing you with any software, hardware, parts, upgrades or any other item which may be needed or recommended to resolve your technical issue. Where you are advised by our technicians to purchase new hardware, software or other items, this will be at your own cost and is not included in the charges you pay for the help desk service
(e) Assistance with Alpha or Beta testing software or unlicensed version of the software.
- 3.4 Our help desk service is not part of any guarantee or warranty that your equipment may have. If you are unsure about whether or not your equipment is covered by any warranty or guarantee, you should speak to the person or company who sold the equipment to you.
- 3.5 We may have to suspend the help desk services if we have to deal with technical problems, upgrade our systems, or if there is an emergency, although we will make reasonable efforts to keep this to a minimum. If we arrange to call you at a particular time as part of the help desk service, we will make every effort to call at the arranged time, although we may sometimes need to reschedule and if so we will give you as much notice as possible.
4. Requirements You Must Comply With
- 4.1 You must comply with the following requirements so that we can provide the services:
(a) You must back-up all of the data and information which is stored on your equipment, as there is a risk that this may be lost, damaged or deleted during the provision of the help desk service. Please speak to us if you need advice in relation to backing-up your data before you receive the help desk service.
(b) Our help desk service only covers equipment specifically listed in the product description for that service. You must check that your equipment is included in the list of products which are covered by the help desk service. The equipment must be in working order with no hardware or mechanical failures.
(c) You must be available for us to call you for the duration of any help desk support interaction, cooperate with our technicians, comply with any reasonable instructions or recommendations they give you, and provide them with relevant information if requested. This may include giving us remote access to your equipment, or allowing us to use any support tools we deem necessary.
(d) The equipment and your use of it must be legal, and all software or operating systems must be properly licensed. You may need to provide us with licence keys if requested.
(e) Your computer should have at least the following: Windows® Internet Explorer® 6.0 or higher; High Speed Internet Connection (this is recommended, however, the help desk services can also be provided on a dial-up connection, although our ability to provide the help desk service may be limited, or may be more time-consuming); 800MHz CPU, 256 MB RAM and 500MB available hard disk space; Microsoft® Windows® XP operating system and upwards (we will not support a Windows operating system prior to XP) compatible modem or, as appropriate, wireless router and an available USB, wireless or ethernet port.
(f) You must keep all passwords created by or provided to you confidential and not to share these with any other person.
(g) You must be residing in the United Kingdom, the Isle of Man, the Republic of Ireland or the Channel Islands, as we do not provide the help desk service outside of these regions.
- 4.2 We will not be liable for any delay or non-performance caused by your failure to comply with these requirements. If we reasonably believe that you do not meet or comply with the requirements, then we may need to suspend the help desk services until the issue has been resolved. If the issue cannot be resolved, or is not resolved within 3 days of us contacting you, then we may cancel the policy.
5. Our Obligation to You
- 5.1 Our technicians will make every reasonable effort to either resolve your issue or, where the action which needs to be taken to fix the issue is outside the scope of our service, tell you what you need to do to resolve your issue, and we will provide the services with reasonable skill and care.
6. No guarantee of resolution
- 6.1 Our technicians will spend time supporting and assisting you in relation to your technical issue and, in some cases, advising you on steps you need to take to resolve your technical issue. Our technicians may not necessarily resolve a technical issue and, due to the nature of our services and the nature of technology and computer repair in general, we cannot and do not guarantee that we will be able to resolve your technical issue.
- 6.2 We will not always be able to actually fix your issue, but may instead provide you with recommendations or information you need to help you to take further action to resolve or improve the technical issue. For example, you may need to delete files on your computer, upgrade hardware or software, or make a change to your equipment. We reserve the right to treat the provision of this information as us "resolving" your technical issue, including where the action which needs to be taken is outside the scope of the help desk services.
- 6.3 If we do manage to resolve your technical issue, we cannot and do not guarantee that your technical issue will be permanently resolved, or that you will not suffer from the same or a related problem at any point in the future.
7. If we cannot resolve your issue, or there is a problem with the services
- 7.1 If we are unable to resolve your technical issue by actually fixing it or telling you what you need to do to resolve the problem, we will contact you and explain why we have been unable to do so. If we think it is appropriate, we may ask you to give us more time to try and resolve your technical issue.
8. Our liability to you
- 8.1 Any limitation on our liability will also be a limitation on any liability of our suppliers, referral partners, subcontractors or other organisations we engage to perform the help desk services, and any of our or their respective directors, officers, employees, agents, or content or service providers.
- 8.2 Subject to the rest of this section, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they are an obvious consequence of our breach, or if they were contemplated by you and us at the time we entered into this policy. However, there are some important limitations on our liability which are set out below.
- 8.3 Liability for loss or damage to your data: there is a real risk that the help desk service could result in loss, damage or deletion of data which is stored on your equipment. Subject to Clause 8.5, we will have no liability for the loss, damage or deletion of data, for the costs of repairing or reconstructing this data, or for any losses you may suffer as a result of the loss, damage or deletion of data. You must back-up all of the data and information stored on your equipment before receiving the help desk service. Please speak to our technicians if you need advice in relation to backing-up your information.
- 8.4 The help desk services are only intended to be for domestic and private use. You agree not to use the help desk services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Even if you are a not an individual consumer and/or do decide to use these help desk services for business purposes, you do so at your own risk and we will still have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 8.5 Subject to the terms of this Clause 8, we do not exclude or limit in any way our liability for:
- (a) death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- (d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
- (e) defective products under the Consumer Protection Act 1987; and
- (f) any other liability that cannot, as a matter of law, be limited or excluded.
9. Events Outside Our Control
- 9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event which is beyond our reasonable control, such as, but not limited to, industrial action by third parties, civil commotion, war, fire, flood, or failure of telecommunications networks. If this happens, we will contact you as soon reasonably possible and you may cancel your contract.
10. Other important terms
- 10.1 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing, and we will not unreasonably withhold our consent.
- 10.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 10.3 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 10.4 These terms are governed by English law. If you are an individual consumer, you and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you are not an individual consumer, then you and we both agree to the exclusive jurisdiction of the English Courts.
11. Privacy & Data Protection
WE DO NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION. HOWEVER, WE MAY COLLECT NON-PERSONALLY IDENTIFIABLE INFORMATION THROUGH WEB COOKIES OR WEB BEACONS AND WEBSERVICES INCLUDING COLLECTING SUCH INFORMATION AS:
- The information entered by you into the helpdesk online interface when requesting the services
- The type and version of operating system and Internet browser used by your computer
- Generic details on software and hardware environment
During your Services session, the following information may be collected and sent to the help desk via a secured connection or from the computer on which the support tool or software is installed:
- Installed hardware and peripherals
- Installed operating system
- Installed programs and active processes information
- Application log file information and registry data
- Browser information including security and temporary file settings
- System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the support tool or software
- The security status (good/fair/poor) of the computer as determined by the support tool or software
- The number of files scanned, threats found, and threats fixed by the support tool or software
- The type of threats found
- The number and type of threats remaining that have not been fixed by the support tool or software
- Whether a firewall is active
- Whether antivirus software is installed, running, and up to date
The collected information as set out above is necessary for the purpose of analysing, diagnosing, resolving the problem you have encountered, and optimising the functionality of the help desk’s products. The information may be transferred to the help desk in the United Kingdom or other countries that may have less protective data protection laws than the region in which you are situated (including the European Union), but we have taken steps so that the collected information, if transferred, receives an adequate level of protection.
Helpdesk may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law, or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, helpdesk may share certain information with research organisations and other security software vendors. Helpdesk may also use statistics derived from the information to track and publish reports on security risk trends.