Terms and Conditions
PC-Helpdesk includes phone and remote fix access. It does not include home visits or the cost or repairing hardware or software failures. Remote fix can only be accessed via broadband.The service will comprise of:
• Access to a freephone number for help and advice with hardware, software and operating system enquiries.
• Trying to resolve the problem over the phone first, we will either fix it or provide advice on what options are available to fix the issue.
• Where the problem cannot be resolved initially on the telephone the agent will offer to remotely access your PC to determine the problem.
The following cannot be supported:
• File servers, file server operating systems, domain and active directory based networks, file private network (VPN) and wide area networks, multisubnet networks, complex firewall configurations.
• Apple® Mac®, Sage® and Linux are not supported.
• The service has no usage limit but we do operate a fair usage policy.
1.1. In these Terms, unless the context otherwise requires; ‘ACCESS NUMBER’ means the telephone number provided by PC Helpdesk (UK) Limited to the Service User;‘INTELLECTUAL PROPERTY RIGHTS’ means patents, trade marks, service marks, registered designs, applications for any of the foregoing, copyright (including, without limitation, rights in computer software), rights in databases, design right, trade and business names and any other similar protected rights in any country;‘ INCIDENT’ means any request by the Service User for Services; ‘SERVICE USER’ means the Service User; ‘PC HELPDESK (UK) LIMITED’ means PC Helpdesk (UK) Limited of 12 Church Street, Kidderminster, DY10 2AH, United Kingdom; 'SUPPORT' means to help or assist the user of the Technology in a practical way.; ‘MONTHLY SUBSCRIPTION FEE’ means the monthly fee paid by the Service User for the subscription based support services; ‘SERVICES’ means the Services as described in clause 2.5; ‘TECHNOLOGY’ means the software identified on the Service certificate; ‘SERVICE DATE’ means the date the Initial Service was paid for; ‘SERVICE USER’ means the customer registered in PC Helpdesk (UK) Limited’s database; ‘INITIAL SERVICE’ means the original or first Incident for which PC Helpdesk (UK) Limited was required to provide help for; ‘SUPPORT PERIOD’ means 1 month; 'LICENCE NUMBER' means the unique number identified on the Service certificate.
2. THE SERVICES2.1. PC Helpdesk (UK) Limited shall provide the Initial Service upon receipt of the Monthly subscription fee.
2.2. After the Initial Service PC Helpdesk (UK) Limited shall provide the Services for the Support Period free of charge.
2.3. PC Helpdesk (UK) Limited reserves the right to make such amendments to the Services as it deems necessary at any time on giving notice to the Service User provided that no amendments will be made that will materially decrease the level of Support given.
2.4. PC Helpdesk (UK) Limited will provide access to its help desk in accordance with the Service Hours and Service Days as identified on the Service certificate.
2.5. The following Services will be given:
2.5.1. Assist: This entails helping users with performing specific functions with the Technology.
2.5.2. Install: This entails walking a user through the installation of the Technology and giving advice on various installation options.
2.5.3. Configure: This entails offering advice and guidance with regards to standard configuration options with the Technology.
2.5.4. Troubleshoot: This entails performing various functions to determine a cause of a particular problem with the user using the Technology.
2.6. Where a Support Incident is logged with the help desk, PC Helpdesk (UK) Limited will use all reasonable endeavours to attend to the incident immediately. However, should this not be possible due to high call volumes PC Helpdesk (UK) Limited reserves the right to allocate a priority level (such level to be determined by PC Helpdesk (UK) Limited) to the support incident, and respond according to the following priority response times:
2.6.1. Priority 1: 30 Minutes Response Time
2.6.2. Priority 2: 2 Hours Response Time
2.6.3. Priority 3: 8 Hours Response Time
2.7. PC Helpdesk (UK) Limited agrees to provide Support for the Technology. However, although it will seek to identify the cause of faults or errors in such Technology and will provide guidance as to what it considered the appropriate remedy to be it is not responsible for remedying these faults or errors. The Service User is responsible for ensuring that the Technology used is appropriate for their requirements, fully compatible with each other, regularly updated and operated in accordance with the Technology Provider’s operating instructions. The Service User will need to revert back to their Technology suppliers to remedy any faults or errors that may occur in the Technology.
2.8. PC Helpdesk (UK) Limited agrees to provide continuous Support for a maximum of 15 minutes per Incident. Where any single Incident cannot be resolved within this continuous period of 15 minutes, the Service User agrees that PC Helpdesk (UK) Limited reserves the right to suspend the provision of Support (for a maximum of 2 hours) to further investigate the Incident and then resume Support of the Incident for a further continuous period not to exceed 15 minutes.
2.9. Ownership of the Technology shall remain with the Service User, and the Service User shall maintain insurance to its full replacement value in respect of loss of or damage to the Technology at any time whilst it is in the possession or control of PC Helpdesk (UK) Limited.
2.10. The parties acknowledge that the Services only relate to the provision of a helpline, assistance with fault finding and similar Support and do not include any obligations to resolve errors that may be found in software or hardware. For the avoidance of doubt, PC Helpdesk (UK) Limited shall not be responsible for providing advice on the compatibility of software or hardware or for the repair, replacement, updating or upgrading of any Technology or any hardware, or other software or computer equipment. The Service User confirms that they shall be solely responsible for this and that they shall repair or replace any such items as soon as reasonably practicable. PC Helpdesk (UK) Limited shall not be required to provide the Services during any period in which such Technology, other equipment, or such items that are necessary for the provision of the Services are not functioning correctly or are unavailable.
2.11. The Services shall be provided solely for the benefit of the Service User.
2.12. Only the Service User as registered in PC Helpdesk (UK) Limiteds’ database shall be covered by the Contract.
2.13. The Service User acknowledges that the License Number is supplied for the Service User’s exclusive use, and shall be confidential to the Service User and shall not be passed on to or used by any other party not registered in PC Helpdesk (UK) Limited’ database (a "Third Party") to obtain Services from PC Helpdesk (UK) Limited.
2.14. The Service User undertakes that it will at all times take reasonable care to ensure that the License Number is not utilised by a Third Party to obtain Support from PC Helpdesk (UK) Limited.
2.15. Should the License Number be used by a Third Party, the Service User acknowledges that they will be liable to pay the amounts set out in clause 2.18 to PC Helpdesk (UK) Limited.
2.16. PC Helpdesk (UK) Limited shall have the right to change the Access Number or access procedure on giving notice to the Service User at any time.
2.17. The Service User will Support PC Helpdesk (UK) Limited’ decisions regarding the Services.
2.18. The Service User agrees that PC Helpdesk (UK) Limited is to provide the Services to the Service User. Where there is unauthorised use of the Services (including but not limited to the Services being provided to Third Parties, or where the License Number is being used by a Third Party or where the number of licensed versions of the Technology being supported is greater than 5% of the number of licensed versions paid for and identified on the Support Certificate), then without prejudice to any other rights that PC Helpdesk (UK) Limited may have under the Contract or otherwise:
2.18.1. the Service User shall to PC Helpdesk (UK) Limited pay the Charges applicable to such unauthorised use as if it were authorised use from the Service Date; and
2.18.2. PC Helpdesk (UK) Limited shall have the right to terminate the Services immediately, without any recourse whatsoever by the Service User.
2.19. The Service User agrees to provide:
2.19.1. PC Helpdesk (UK) Limited with all assistance, material and accurate information;
2.19.2. such access to and entitlement to access the Service User’s Technology; and
2.19.3. such licenses for the Technology; as reasonably required by PC Helpdesk (UK) Limited for the purposes of providing the Services.
2.20. The Service User shall pay the charges (in pounds sterling), including if applicable value added tax, in advance of the Services commencing.
2.21. PC Helpdesk (UK) Limited reserves the right to suspend the Services where the charges are not paid in advance of Services.
2.22. Notwithstanding any provisions to the contrary in the Contract, nothing in the Contract shall be construed as limiting or excluding PC Helpdesk (UK) Limited' liability for fraud or for death or personal injury resulting from its negligence.
2.23. The Service User acknowledges that PC Helpdesk (UK) Limited will be relying upon information supplied by the Service User to PC Helpdesk (UK) Limited in relation to the provision of Services and that such information may be incomplete or inaccurate. PC Helpdesk (UK) Limited shall not be liable to achieve the required service levels to the extent that such failure results from:
2.23.1. incomplete or inaccurate information supplied by the Service User to PC Helpdesk (UK) Limited;
2.23.2. a breach by the Service User of any of its obligations under the Contract;
2.23.3. failure attributable to the use of telecommunications, satellite or other form of voice or data connectivity between the Service User and PC Helpdesk (UK) Limited; and
2.23.4. an event of Force Majeure within clause 2.29.
2.24. Except for fraud or for death or personal injury caused by its negligence, PC Helpdesk (UK) Limited' entire liability in contract, tort (including negligence) or otherwise (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the Service User in respect of all breaches of the Contract and all negligent acts or omissions arising in connection with the Contract in aggregate in any shall not exceed £1,000.
2.25. For the avoidance of doubt, PC Helpdesk (UK) Limited (including its employees, agents and sub-contractors) shall not be liable to the Service User for:
2.25.1. any loss of business, profits or contracts, damage to goodwill, loss of data, increased production costs or any other costs; or
2.25.2. any indirect or consequential loss (including loss or damage suffered as a result of an action brought by a third party) even if such loss was reasonably foreseeable or PC Helpdesk (UK) Limited had been advised of the possibility of such loss being incurred.
2.26. The Service User’s internal network remain their respective responsibilities and accordingly PC Helpdesk (UK) Limited will not be liable for any interruptions to the Services which occur as a result of any fault in such internal network which is not attributable to any negligent act or omission of PC Helpdesk (UK) Limited.
2.27. The Service User acknowledges that it is in a better position to foresee and evaluate any potential damage or loss that it may suffer in connection with the Services and that the Charges have been calculated on the basis that PC Helpdesk (UK) Limited shall exclude its liability as set out in the Terms.
2.28. PC Helpdesk (UK) Limited shall not be liable for any breach of its obligations under the Contract resulting from causes beyond its reasonable control, including but not limited to fires, strikes (of its own or other employees), trade dispute, insurrection, terrorism or riots, requirements or regulations of any civil or military authority, acts of God, breakdown of any third party connection or equipment, any act or omission of the Service User, and any malicious software attacks including viruses, worms and computer hacking.
2.29. In the event of such circumstances arising, PC Helpdesk (UK) Limited shall be entitled to cancel or suspend the Contract and/or the provision of the Services without incurring any liability of any nature, but without prejudice to rights accrued to PC Helpdesk (UK) Limited in respect of Services already provided. 2.30. The failure by either party to exercise any of its rights under the Contract shall not amount to a waiver of any such right, nor operate so as to prevent any future enforcement.
2.31. The parties confirm their intent not to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
2.32. Use of the helpline constitutes acceptance of these Terms and Conditions and no refund shall be given.
2.33. The Terms shall not be amended or varied in any way without prior written notice.
2.34. All registered trademarks and trade names which appear in these Terms and Conditions or in any other PC Helpdesk (UK) Limited documentation or on the PC Helpdesk (UK) Limited website are acknowledged as those of their respective proprietors.
2.35. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the other provisions of these Terms and Conditions or remainder of the affected provision, which shall remain in full force and effect.
2.36. Any reference in these Terms and Conditions to singular includes plural and any references to plural includes singular.
2.37. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
3. CANCELLATION POLICY
3.1. Your membership contract is for 12 months from order date. You are entitled to cancel the contract up to 14 days after order provided that you have not used the service. Using the service means calling the PC-HelpDesk support number (0808 26 46 476). Once you have used the service you are deemed to have accepted the 12 month membership contract.
3.2. As the service is paid for monthly in advance we will refund the one month of membership that you have already paid and we will cancel any further` requests for payment. If, due to timing issues, we are unable to stop the next payment we will also refund this as per our refund policy.
3.3. To avoid the inconvenience of a break in your service your membership will be automatically extended after the first 12 months unless you advise us that you wish to cancel. If you wish to cancel you need to give us 30 days notice.
3.4. It is our intention to provide the services as described. If feel that we have not provided the service you ordered please contact our Customer Service department by using the ticket system found in the ‘Your Account’ section of the web site. If you are unable to use the online form please call the Membership Helpline on 0845 303 9571. Alternatively please write to us at:
4. PAYMENT PROCESSING
4.1. In order to take your monthly payments we use PayPal's subscription processing service.
4.2. Our payments merchant is Paypal. Your credit card detail are passed to PayPal in order to collect your payment. For details of PayPal policies please go to https://cms.paypal.com/uk/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_GB
5. TERMINATION OF SERVICE
5.1. If you cancel your membership you will not be entitled to use the helpdesk after the month for which you have paid in advance. Your free web backup storage space will also be cancelled. You are responsible for the transfer of data from this storage space before the end of your service period as this will be lost once the period ends. If we refund a monthly payment your access to the service and any free backup storage space will terminate immediately the refund has been made. Please note that paid for storage space is dealt with as a separate contract and will be dealt with separately.
6. CONTACTING US
6.1. Contact our Customer Service department by using the ticket system found in the ‘Your Account’ section of the web site. If you are unable to use the online form please call the Membership Helpline on 0845 303 9571. Alternatively please write to us at:
7.1 If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.