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 General
All contracts of sale made by EZ Computers (UK) Limited
(hereafter 'The Company') shall be deemed to incorporate these terms and conditions
(hereafter 'EZ Computers Standard Terms & Conditions') which shall prevail over
any other document or communication from the party with whom the company is dealing
(hereafter 'The Customer'). Any order shall be deemed to be an offer by The Customer
to purchase goods and or services in accordance with these terms and conditions.
EZ Computers (UK) Ltd is also bound to and abides by Nominet Terms & Conditions
Copyright
The services are sold to The Customer with the knowledge that The Company
are the sole owners of the design of any Web pages & code produced and that
also any services may not be sold on to a third party unless written consent is
obtained from The Company.
Price
All price lists, advertising matter or similar material issued by The
Company are indicative only as to the price and range of services available from
time to time and contained information shall not be binding on The Company. The
price of services shall be the price quoted by The Company at the time of The Customer
placing the order. The Company reserves the right to amend quoted prices any time
prior to order placement.
Payment
All goods remain the property of The Company until payment is received
in full. All payment is in U.K. Sterling. Unless otherwise agreed in writing with
The Company, The Customer shall pay the price and any other sums due in respect
to the goods and or services supplied by The Company, on collection or shipment
date. Third party hosting & registration fees shall be paid in full prior to
The Company initiating any Set-up or Web page design activities. In the event of
late payment The Company reserve the right to remove The Customers Web pages from
their server. In the event of late payments being received after The Customers Web
pages have been removed from the server The Company reserve the right to cancel
any agreement made or charge an additional reconnection fee prior to reinstatement
of The Customer's Web pages on the server.
Delivery
Delivery times quoted are estimates only and time shall not be the
essence of the contract. In no circumstances shall The Company be liable to compensate
The Customer in any way for late delivery or non-delivery of goods or services.
Any missing items/discrepancies MUST be reported within 48 Hours of collection/delivery.
Delivery shall be deemed to take place when the goods and or services have been
delivered or completed by The Company. Registration completion is deemed to be when
the relevant naming authorities have accepted The Customer's Domain Name. Design
completion is deemed to be when The Customer approves the draft copy issued by The
Company of their Web pages. Uploading completion is deemed to be when The Customer's
Web pages reside on the server.
Limitation
of Liability
The Company does not accept any liability for the loss of Web page
access due to server down time or malfunctions at any time or for a period of any
time. The Company in no way accept any liability for any errors present in any of
their services provided. The Company will not be responsible for any damages your
business may suffer. The Company makes no warranties of any kind, expressed or implied
for services we provide. The Company disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by
The Company and its employees. The Company reserves the right to revise its policies
at any time.
Hosting
The Company provides World Wide Web page hosting. The Company reserves
the right to suspend or cancel a customer's access to any or all services provided
by The Company when The Company decides that the account has been inappropriately
used or otherwise.
Server
Use
The Company do not allow any of the following content to be stored
on its servers:
- Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any Federal, State
or Local regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise
lewd or obscene content. The designation of "adult material" is left entirely to
the discretion of The Company.
- Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking and password cracking, IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how
to" information about such material.
High
Resource User Policy
In rare cases, The Company may find a customer to be using server resources
to such an extent that he or she may jeopardize server performance and resources
for other customers. In such instances, The Company reserves the right to implement
the following policy to its sole discretion. When a website is found to be monopolising
the resources available, the account holder will be contacted in order to discuss
the situation. If no arrangement can be reached, The Company reserves the right
to terminate the account giving one month's notice.
Carriage,
Post and Packing
Charges are made for all delivery options and will be invoiced to customers
at the prevailing rate.
Prices
Goods are invoiced at the prices ruling at the time of ordering. VAT
will be included with all goods or services supplied at the prevailing rate. The
catalogue issued from time to time will remain current until updates or revisions
are issued. Every effort is made to maintain the prices shown throughout the life
of each catalogue. However The Company reserves the right to modify prices without
prior notice.
Payment
Terms
Payment shall be deemed to have been received only when the full amount
of the value of the goods as invoiced has been credited to The Company's bank account
without recourse or The Company has received the full amount in cash. If an invoice
becomes overdue for payment the full outstanding amount becomes overdue and payable.
The Company reserves the right to charge interest on overdue amounts at 3% above
Lloyds TSB Bank PLC base lending rate for the time being in force calculated on
a daily basis.
Product
Specifications, Dimensions, etc
Whilst The Company will make every endeavour to deliver the goods as
they are advertised in the Catalogue or any other Company brochure actual dimensions,
specifications and quantities may in certain circumstances vary from those so advertised.
The Company reserves the right without prior notice to vary the dimensions, specification
and quantities of any goods without any liability to The Customer arising directly
or indirectly from any such variation.
Supply
In the event that The Company is unable to supply goods as ordered
by The Customer The Company reserves the right to offer goods of equal or superior
quality comparable to or compatible with the goods ordered at the same price.
Property
and Title
No property or title to goods and or services shall pass from The Company
to The Customer unless and until the full amount of the value of the goods and or
services as invoiced has been credited to The Company's bank account without recourse
or The Company has received the full amount in cash and The Customer shall indemnify
The Company against any loss or damage to the goods prior the passing of property
therein whilst in The Customers custody. Risk of damage to or loss of the goods
shall pass to The Customer at the time of delivery or, if The Customer wrongfully
fails to take delivery of the goods, at the time when The Company has tendered delivery
of the goods.
Force
Majeure
In the event that The Company is prevented from carrying out its obligations
under a contract for sale as a result of any cause beyond its control such as but
not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third
parties to deliver goods, The Company shall be relieved of its obligations and liabilities
under such contract for sale for as long as such fulfillment is prevented.
Trade
Name and Mark
Indications of trade names or marks (other than those of The Company)
shown in catalogues or other documentation of The Company are not restricted to
indications of manufacture but may be indicative of general use of systems, machines
etc. associated with the use of such products.
Cancellation
Since under normal circumstances goods are ordered in and processed
the same day as receipt of order The Company reserves the right not to accept cancellation
of orders. Where cancellation is accepted The Company reserves the right to indemnity
from The Customer in full for costs incurred.
Returns
The Company reserves the right to refuse the return of faulty goods
when said goods are covered by a separate manufacturers warranty and should be returned
as per instruction on the warranty card provided with the aforementioned goods (e.g.
printers & monitors). Current catalogue items, undamaged, unopened and fully
marketable may be returned by prior agreement of the Company who reserves the right
to make a handling/administration charge.
Warranty
The System Warranty covers hardware only. Problems with Operating Systems,
games and other software are not included and are the responsibility of the software
publisher. The Company offers a No Charge, repair or replace service for faulty
computer hardware products under these warranty provisions but reserves the right
to make a charge for software only fixes or where no hardware fault is found. All
goods sold by The Company are warranted free from defects in materials and workmanship.
If The Company shall receive a written complaint from The Customer in respect of
goods found to be defective in respect of materials or workmanship only within 10
days of delivery The Company after it has had a reasonable time to investigate the
same and examine the goods in dispute shall be entitled at its option to repair
or replace the defective goods or refund the purchase price. No claim will be entertained
in respect of any goods which have been repaired or altered in any way or have been
the subject of any accident or damage caused by any innocent, wilful or negligent
act or omission of The Customer, its employees or agents or through use contrary
to the manufacturer's instructions by The Customer, its employees or agents or by
circumstances beyond the control of The Company or goods which cannot be shown to
have been supplied by The Company.
Repairs
Repairs will be carried out on the basis of a first come, first serve
policy within a service level structure. In all cases The Company will attempt to
make repairs ready for collection at the earliest opportunity. The Service level
structure is set out as follows:
- Diamond Cover - Goods shall be ready for collection within a period of 24 hours
- Gold Cover - Goods shall be ready for collection within a period of three working
days
- Silver Cover - Goods shall be ready for collection within a period of five working
days
All systems supplied will by default be on silver cover.The company
will abide by this structure at all times, unless specific parts are required that
are not readily available. In such cases The Company shall complete the repair at
the first opportunity following the delivery of said parts. The above times denote
a maximum amount of time and are not often expected to reach such a level.
Privacy
We are committed to protecting your privacy. We will only use the information
that we collect about you lawfully (in accordance with the Data Protection Act 1998)
and according to the Which? Web Trader Code of Practice. We collect information
about you for 2 reasons:
- To process your order
- To provide you with the best possible service
We will not e-mail you in the future unless you have given us your
consent.
We will give you the chance to refuse any marketing email from us or
from another trader in the future.
The type of information we will collect about you includes any information
given at the time of ordering. This information will never be passed on to third
parties.
We will never collect sensitive information about you without your
explicit consent.
The information we hold will be accurate and up to date. You can check
the information that we hold about you by emailing us. If you find any inaccuracies
we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance
with our internal security policy and the law and the Which? Web Trader Code.
If we intend to transfer your information outside the EEA (European
Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors
to our site. This can include using a "cookie" which would be stored on your browser.
You can usually modify your browser to prevent this happening. The information collected
in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should email us.
Miscellaneous
If any provision hereof shall be held to be invalid illegal or unenforceable
the validity and enforceability of the remaining provisions shall not be in any
way affected or impaired thereby.
Waiver by The Company of any breach of these conditions or any granting
of time or indulgence by The Company to The Customer shall in no way affect the
rights of The Company hereunder.
All headings are for convenience only and do not form part of these
Terms and Conditions.
Any notice or demand to be given hereunder shall be in writing and
shall be delivered by hand or sent by first class pre-paid letter to the last known
address of the party to be notified and shall be deemed to have been served immediately,
if delivered by hand and forty eight hours after posting if posted as aforesaid.
Unless stated in writing all Domain fees are for a period of 2 years from date of
order and all hosting fees are for 1 year from date of order.
The Laws of England shall govern the validity construction and performance
of any contract to which these Terms and Conditions apply and the parties submit
to the jurisdiction of the English Court.
The Company may at its discretion record telephone transactions with
its customers for security or training purposes.
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