Legal Geek Speak

1. Our Agreement

1.1. In these terms and conditions, references to “we” and “us” are to Ageek MSP PCB Ltd. trading as “aGeek”. If you have any problems, we would recommend you e-mail us at geeks@ageek.co.uk however if you prefer to write we can be contacted at: aGeek Customer Services 73 West Bars Chesterfield S40 1BA.

By ordering services from aGeek you are entering into a contract with us. The terms below are important and set out our obligations to you and what you are agreeing to.

2. Services Order Process

2.1. When you have selected the services you want we will endeavour to quantify the expected costs to you (The “Quote”). The total quote will be the price of the services & goods you order. Our contract with you is not legally binding until the moment we begin to undertake assessment or purchase goods for your job or, in the case of on-site visits, when we set off from our Depot. You may cancel at any time up to this point. If you order more than one service each service may be cancelled separately for any reason.

3. You must allow us:

3.1. at least one telephone number, primarily a mobile, a working email address and the address of a competent adult;

3.2. a full UK Bricks & Mortar correspondence address;

3.3. details of someone who is an adult (over 18 yrs. of age), who has knowledge of the service required or any history of problems and issues encountered and if relevant is a person with administrator level access and who is able to give their agreement to follow our reasonable instructions;

3.4. all equipment being serviced and peripheral hardware and any relevant software recovery disk(s) (or other media);

3.5. to have the full and complete history of the damage or problem or job to facilitate a remedy;

3.6. to act only in accordance with the precise instructions you have given at any time prior to forming the Contract or during its performance.

3.7. Any failure to comply can and may result in extra costs being payable, an unavoidable underperformance of the Contract, for which we are not responsible, that is not refundable, or the voiding of the Contract (If discovered at an early enough stage).

4. Once work has commenced:

4.1. we will take all reasonable steps to ensure you are kept informed of any discoveries or changes at all stages immediately or as soon as practicable; and

4.2. any physical damage can mean it is unlikely that items can be re-assembled if you do not proceed to repair, often but not solely for safety reasons, and;

4.3. where physical damage is responsible, due to the nature of service or repair work, we may discover problems that were not apparent on first inspection or until the initially quoted repair is completed (Collateral Damage); and

4.4. any further discovered problem may result in a further charge to you for which we do not and cannot accept any liability for and that will be payable; and

4.5. we may have to make the repair as part of the diagnosis process. This is chargeable and irreversible; and

4.6. we will confirm whether the initial quote stands or whether other or further work is required as and when it becomes apparent, and;

4.7. we will confirm whether in our opinion the service is beyond economic repair (BER). If so, we will seek the most cost-effective route out of the situation and advise you.

5. Fees, Payment & Refunds

5.1. Fees: If we discover an error in the price or description of a service or product you have ordered, we may cancel your order. We will contact you where we become aware of an error and ask you whether you wish to continue with your order at the correct price or cancel it.

5.2. Payment is due and is payable in full, before work commences or Special Orders are Purchased, unless agreed otherwise prior to commencement, in writing. All prices and charges are in UK pounds. They include any VAT payable.

5.3. Acceptable Payment Methods – The Client may pay by:

     5.3.1. The Client may pay by card payments by Mastercard, Visa, Delta, Maestro but for the up-to-date position please ask in store, subject to type of card.

     5.3.2. Accepted Without Surcharge: • CASH – Bank Of England Notes ONLY • Debit Card (including corporate debit cards) • Personal Credit Cards (Mastercard, Visa) • Fastpay/ Bank Transfer to our Bank• Paypal, Apple Pay and other methods • Direct to Bank.

     5.3.3. Accepted With Surcharge: • A 2.0% surcharge on ALL corporate / commercial / business credit card payments.

     5.3.4. Not Accepted • Cheques & Postal Orders • Foreign Currencies • Non-Bank of England UK Sterling Notes (For Security & Fraud reasons).

5.4. Refunds will be made via the method with which payment was made, unless in the case of cash payments there are insufficient monies held on the premises. In this instance we will offer to either transfer the quantum due to a UK Bank account of your choice, verified by you in writing first, or arrange an appointment for you to collect the cash.

5.5. Special Orders are non-refundable unless accepted by the original supplier or manufacturer.

6. Warranties & Returns

6.1. A Warranty is not Insurance. External physical causes such as damage (whether accidental or not) and wear and tear are excluded. These exclusions are also faults caused by the failure of other component/s after the repair has taken place, or by failure of our components due to other component/s having failed, or by faults caused through the incorrect use of software or downloaded material, or by faults or failures caused by your failing to follow our recommendations and instructions, or by faults arising from accidental or intentional damage or incorrect use of the product.

     6.1.1. We must be allowed a reasonable length of time to test and verify any returned item. Therefore, refunds may not be instantaneous nor immediate.

     6.1.2. Retail Customers may be entitled to further statutory rights under the Consumer Rights Act 2015 (CRA15). Business Customers may be entitled to further statutory rights under the Unfair Contract Terms Act 1977.

6.2. Retail Products:

     6.2.1. Any product bought from our store or website that was not manufactured by Ageek MSP PCB Ltd and its trading names and Special Orders are all subject to Warranty periods agreed at time of purchase;

     6.2.2. Any costs related to the shipping of the product will not be refunded and a re-stocking fee may apply if the product is not faulty in some way (see ‘Re-Stocking Fees’ below).

     6.2.3. If the product develops a fault during the warranty period it must be returned to the manufacturer for repair, unless excepted for retail customers under the Consumer Rights Act 2015.We may however be able to help you in this situation if you contact us first.

6.3. Specific Retail Returns Exclusions:

     6.3.1. INKS – We do not offer returns on inks that are bought incorrectly.
     6.3.2. Goods Specifically Sold-As-Seen.
     6.3.3. All Non-Fault Returns that are requested by you are subject to our discretion as to whether they are accepted by us.

6.4. Repaired Devices

     6.4.1. This includes any repair made to any of your devices for a fixed fee, excluding Virus Cleans and Tune Ups (See our ’30-Day Re-Infection Guarantee’ below). These are eligible for a 1 Year labour warranty. If the same fault returns within this period we will repair it again for free, of course subject to Clause 6.1. The Parts will be subject to the warranty given by us or the manufacturer at the time of purchase or the extant part thereof, whichever is the greater.

6.5. Laptop Screen replacements

     6.5.1. Laptop screens are covered by a one (1) year warranty. We will only replace it again if the display develops a fault by itself, of course subject to Clause 6.1.

6.6. 30-Day Re-Infection Guarantee

     6.6.1. This is applicable only to Virus Cleans and Full Tune Up Services. If you are re-infected again by the same infection within thirty (30) days we will clean your computer again for free. This excludes any machine where the recommended security precautions were not adhered to including the use of a recognised and recommended proprietary security software. We do however make efforts to ensure that your computer is protected before you leave so this is highly unlikely.

6.7. 3rd Party Laptops and Desktops

     6.7.1. This includes any Item/system sold that was not manufactured by us and Special Orders. Any costs related to the shipping of the product will not be refunded and a re-stocking fee may apply if the product is not faulty in some way (see ‘Re-Stocking Fees’ below).

If the product develops a fault, it must be returned to the manufacturer for repair, unless the Manufacturer authorise us to act as their Proxy.

Retail customers are dealt with under Consumer Rights Act 2015 (CRA15). We may however be able to help you in this situation if you contact us first. We will inform you of the duration that the manufacturer warranties the product when you purchase it.

6.8. Custom PCs and Laptops

     6.8.1. This includes any custom-built computer systems purchased from our shop and they are classed as Special Order. These are eligible for a three (3) year warranty. This covers all parts and labour costs for any repair within the first year and labour costs only for the second and third. Any costs related to the shipping of the product will not be refunded and a re-stocking fee may apply if the product is not faulty in some way (see ‘Re-Stocking Fees’ below).

     6.8.2. In addition to the built warranty in clause 6.8.1 there may be further specific manufacturer’s warranties on specific parts.

6.9. Re-Stocking Fees on Returns:

Re-Stocking Fees do not apply to Faulty Items. All returns are accepted or refused at our discretion, subject to the following:

     6.9.1. a £5 restocking fee per item where the item is less than 14 days from purchase and is returned unopened and unused and in saleable condition and still sealed.

     6.9.2. a 25% restocking fee where the item is less than 14 days from purchase and is returned opened and unused but in “as new” condition. Any missing or damaged items or activated software will be subject to our current price of standard repair plus any parts costs.

     6.9.3. items over fourteen (14) days from purchase will not be accepted as a return. We may however be able to repair the item or help with returning it to the manufacturer.

     6.9.4. all returns must include any “free” items given at time of the purchase or these will be charged for, any “free” or “discounted” services are “not returnable” thus they will be taken off any refund at the current usual charge at time of return.

6.10. Unless otherwise and specifically stated our warranties are not backed by a separate insurance policy. Individual manufacturers may or may not have other arrangement over which we have no control.

7. Specific Refund Exclusions: Some services do not by their nature have the possibility of a refund, being:

7.1. Chemical Liquid Damage Clean/Revival, whether successfully completed or not, and;

7.2. Diagnosis Fees.

7.3. VHS or audio-visual or Audio transfer service, and;

7.4. Special Orders – Except were faulty as per the Consumer Rights Act 2015 (CRA15).

7.5. Activated Software Licences and associated goods – Except were faulty as per the Consumer Rights Act 2015 (CRA15).

7.6. For faulty opened or used goods we follow the Consumer Rights Act 2015. We must be allowed a reasonable period of time to ascertain the cause of the fault. If we cancel your order, before any services or goods have been purchased by us or delivered to or for you, you will receive a full refund of any charges paid in advance.

7.7. Our services may affect manufacturer warranty validity. It is your responsibility to assess the effect of our services on any manufacturer’s warranty and take appropriate action.

8. “No Fix, No Fee” Guarantee

8.1. This is only offered to domestic customers.

8.2. Ageek MSP PCB Ltd & its trading names offers a guarantee that you will not be charged for anything that, on rare occasions, we are not able to fix your item to an adequate standard, for the specific task you have set us and you have complied with clause 3, herein.

     8.2.1. If we cannot make the quoted repair we will not charge a fee. In this situation, you will not be charged for any parts, labour or diagnostics.

     8.2.2. You must have allowed us to attempt our service. If you stop us from carrying out the service, for whatever reason, you will be subject to a diagnosis charge as displayed in store or elsewhere.

     8.2.3. The fee is still chargeable if we make the quoted repair but we discover further underlying problems that were not apparent on first inspection or until the initially quoted repair is completed or you have failed to comply with clause 3.

8.3. Exclusion: If the item being booked in requires a strip-down (Defined as a physical dismantling of the unit), the price of a strip-down is NOT subject to our No Fix No Fee Policy and will be charged whether fixable or not.

9. Information We Require, Your Details & Data

9.1. During the booking in of your item we will ask you for and record certain details which we require to perform the service and/or contact you afterwards. This may include your name, contact address, contact phone number and email address. We may also require the password of your device to access your computer to complete our service.

9.2. Ageek MSP PCB Ltd & its trading names will never interrogate your data including browser histories unless specifically agreed with you prior to commencement of work and only for the purposes of said work. Ageek MSP PCB Ltd & its trading names will keep all items seen in the usual course of our work in the strictest confidence and within and under the Data Protection Act 1998.

9.3. You are responsible for ensuring that all data and information on your computer or other media or hardware is saved and appropriately backed up before we access your system. We will not be responsible for any loss of data, information or records. We will never divulge information to any third party unless we have an obligation to do so by law.

9.4. We will endeavour not to lose any personal data but, unless otherwise stated by us the customer is responsible for performing a full back-up before bringing the device in for repair. We will do this for you as part of some data recovery and re-installation of operating system services, but are still not responsible for any loss of data that might incur.

9.5. We will keep all backup data for a period of seven (7) days after the device has been returned to you. This is simply to ensure that you are happy that everything has been transferred back to your device, after this time it will be permanently erased. It is the customer responsibility to advise us of any missing data during this time. We are not liable for the loss or theft of this data; however, measures are in place to ensure that it is protected in accordance with the Data Protection Act 1998.

9.6. We may record your conversations/interactions with our Engineers and other Staff for training or Contract or records purposes, either telephonically or on the CCTV system.

9.7. Your data protection and privacy rights regarding other information we may collect are set out in Statute.

10. Cancelling or Changing an Appointment

10.1. You may cancel or make a change to a home appointment at any time before 5.00pm the day before the appointment date (or the Friday before for a Monday appointment). Cancellations made before 5.00pm on the day prior to the appointment (or the Friday before for a Monday appointment) will be entitled to a full refund of the service paid for. If you cancel or change an appointment, after this time, we will do our best to rearrange our schedules without cost to you but we may withhold up to 40% of the fees due or paid to cover our cancellation costs.

11. Service Requirements

11.1. Your items system should have a currently manufacturer supported OS. For example, Microsoft Windows OSs or later operating systems or Apple OS or later or Android 4.0 or later and not be “modded” in any way.

11.2. If you do not comply with these requirements we will still try and complete the requested service but as earlier systems are not supported by the licensee chances of a successful resolution may be limited (this will not affect your no-fix-no-fee).

11.3. If your software is, or appears to be, unlicensed we cannot perform a repair but you will still be charged for work carried out.

11.4. If you do not comply with the above requirements herein and we are unable to fix your computer for that reason you will still be charged for work carried out or we may charge 40% of the quote agreed, whichever is the greater.

12. Computer Systems

12.1. Your computer system must have a Genuine Windows or Apple OS or Android operating system installed. Many repairs are not possible on non-genuine or “cracked” versions. Linux OS services in general do not require licensing.

12.2. If your software is, or appears to be, unlicensed we cannot perform a repair but you will still be charged for work carried out. If you do not comply with the above requirements and we are unable to fix your computer for that reason you will still be charged for work carried out or we may charge 40% of the quote agreed, whichever is the greater.

12.3. If your computer system or equipment is under a manufacturer’s warranty, our services and repairs may invalidate it. It is your responsibility to assess the effect of our services on any manufacturer’s warranty before allowing us to work on it.

13. Systems Excluded – Our standard services exclude support for the following, except where explicitly agreed otherwise:

13.1. File servers and operating systems, except Microsoft Windows Home Server;

13.2. Domain & active directory-based networks;

13.3. VPN and WAN networks;

13.4. Corporate infrastructure hardware (complex firewalls, switches etc.); and

13.5. Linux.

13.6. If your hardware system includes any of the above (as becomes apparent to us Geek upon closer examination) we may give you a quote to resolve the relevant problem or you may cancel the service ordered.

13.7. If you do not comply with the above requirements and we are unable to fix your computer for that reason we may retain up to 40% of the fees due, payable or paid by you.

14. Remote Services

14.1. Whilst our engineers will use reasonable amounts of skill and care to resolve problems you have referred to us, you accept that we may not be able to correct your problem using our remote support service due to circumstances beyond our control.

14.2. In the event that resolution is not possible, we will discuss alternative methods with you in order to resolve your problem, including our On-site/Home or In-Store services.

14.3. We rely on the information you give us to operate this service. Such information must be complete and as accurate as possible (as in clause 3.) to enable use to effectively resolve your problem.

15. Software Licenses

15.1. Any software patches, upgrades or fixes applied to your system by our engineers during the job in hand, are licensed to you by us or the relevant third-party licensor for your own reasonable personal and non-commercial use only unless otherwise stated.

15.2. You may not supply such software to anyone else.

15.3. The licensor retains all copyright and other intellectual property rights in such software.

16. Repair Times

16.1. We will endeavour to perform all services as quickly as possible, however some will take a long time due to variables outside of our control.

16.2. We aim to complete all services and repairs within forty-eight (48) hours. However, some services can take considerably longer such as when we require parts to be shipped to us or your machine is aged or performing badly when running our software. In these situations, we will always be upfront and clear about the time it will take us to repair and we will keep you up to date if there are any delays in the service via SMS and Email through our in-house CRM system.

17. Limitation of Liability

17.1. Ageek MSP PCB Ltd & its trading names cannot be held responsible or liable for any of the following during a repair or service:

17.2. any loss of data, data corruption, loss of images, documents or information

17.3. any financial loss, or loss and interruption to business or contracts or loss of goodwill

17.4. any failure by you to follow our reasonable advice, recommendations or instructions

17.5. any failure by you to abide by these Terms & Conditions.

17.6. any losses or issues you may suffer due to your use of (or failure to use) any

     17.6.1. anti-virus software
     17.6.2. any losses from unlicensed software
     17.6.3. any loss that is not reasonably foreseeable.

17.7. We do not have specific knowledge of your computer or your media and its configuration.

17.8. Whilst we will use our best efforts to minimise disruption to your system, we cannot be responsible for any unforeseen consequences of our services.

17.9. Our services may affect manufacturer warranty validity. It is your responsibility to assess the effect of our services on any manufacturer’s warranty and take appropriate action.

18. Abandoned Items

18.1. Without prior written agreement you have, from the date of completion of our contract, sixty (60) days in the case of any repaired or serviced device or, if your device is Beyond Economic Repair (BER) or irreparable or left due to you stopping our services, thirty (30) days to collect the item that has been left with us.

18.2. After the relevant period has expired, legal title will immediately transfer to Ageek MSP PCB & its trading names and be considered our property and we will then dispose of the goods.

18.3. Just prior to these periods we will attempt to contact you for a final time by email, SMS & telephone call via the contact details you have left us under clause 3.

18.4. We will then dispose of the goods to recover our costs and expenses whilst destroying any data bearing medium.

18.5. Any surplus value will be held for your collection for a period of one year and then given to a Charity of our choice.

18.6. Where value recovered is less than the amount due to Ageek MSP PCB Ltd & its trading names you remain liable for the outstanding balance.

19. Who We Are:

19.1. We are Ageek MSP PCB Ltd (“We”); we are a Limited company registered in England and Wales under registration number 13294814.

19.2. Registered Office: Ageek House, 73 West Bars, Chesterfield, Derbyshire, S40 1BA.

19.3. Our VAT number is GB398859504

© Copyright Ageek MSP PCB Ltd Version January 2023.