May 31, 2017

TechPal terms and conditions

Terms (Services)
TERMS AND CONDITIONS RELATING TO SERVICES
These Conditions apply to the Services TechPal provide for business users as set out within the ‘IT Support for Business’ section of the TechPal website and by ordering the Services, you agree to be bound by the terms and conditions set out below in addition to our standard Terms and Conditions.
THE POLICIES AND MATERIALS SPECIFICALLY REFERRED TO IN THESE CONDITIONS (SUCH AS THE PRIVACY POLICY AND TERMS WHICH ARE ANNEXED TO THESE SERVICES TERMS, AND THE DETAILS OF OUR GOODS AND SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE, SO THESE SHOULD ALSO BE READ CAREFULLY. SUCH POLICIES AND MATERIALS TOGETHER WITH THESE TERMS SHALL SET OUT THE WHOLE OF THE AGREEMENT BETWEEN YOU AND US IN RESPECT OF THE GOODS OR SERVICES. IF THERE IS ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICIES AND MATERIALS INCORPORATED INTO THEM, THESE TERMS SHALL PREVAIL.
The Services comply with appropriate UK legislation but are available to international customers.
“Conditions” means these terms and conditions;
“Personal Information” means the details provided by you to us;
“Services” means the services you order under the terms of these Conditions;
“Subscription Services” means Services to which you subscribe on an ongoing basis, for example the ‘IT Business Support’ service or technical support Services;
“Us/Our/We” means TechPal, a trading name of Think IT Services Ltd registered in England and Wales under the number 04354511, registered office 19 Diamond Court, Opal Drive, Milton Keynes. UK. MK15 0DU
“Website” means the website located at www.techpal.co.uk
“You/Your” means an authorised user of the Services.
These TechPal IT Support for Business Services Terms and Conditions are in addition to our standard Terms of Business (available at https://techpal.co.uk/termsandconditions).
These terms apply when you purchase TechPal IT Support for Business Service subscription either via telephone, in person, post or online via www.techpal.co.uk.

1. TechPal IT Support for Business Service gives you IT support on the following hardware, applications and operating systems on a best endeavours basis (any items not in this list are supported on a reasonable endeavours basis):
2. In order to use TechPal IT Support for Business Services, your computer systems must meet the following minimum requirements:
a) Computer hardware with a minimum software level of Windows 10 or MAC OS 14.0 onwards with genuine license key
b) A working Broadband or 3G Internet connection throughout the term of the agreement
c) A working PC Desktop Hardware (comprising a base unit, monitor including TFT keyboard, mouse and associated manufacturer provided cables) Windows based Server Hardware (comprising base unit and associated manufacturer provided cables)
d) A working Laptop with battery and associated charger
e) Up to date Anti-virus software
f) Up to date Windows Service Packs and Windows updates or MAC OS software updates
g) Up to date Adobe Reader
3.1 This service is for business use only and cannot be assigned or transferred to personal use unless the computer is located at home but is used for the registered business. This location and associated hardware is to be registered with us. Any on-site support offered to home users must be carried out at the registered customer business address.
3.2 When ordering this service you are agreeing to the immediate provision of the service and you cannot cancel it under the Consumer Protection (Distance Selling) Regulations 2000.
3.3 When ordering this service we may make a site visit to audit your systems and may perform a health check. During this process we may recommend steps that are required before starting your subscription. This may require initial consultancy charges or product purchases before a subscription can commence.
3.4 This service is not a substitute for you taking appropriate steps to maintain and safeguard your computer systems using regular backups, running up-to-date anti-virus products and adopting other relevant security and maintenance procedures.
3.5 In providing this service we will use our best efforts to provide remote and on-site support within the timescales agreed with you. However all dates and times are estimates and we cannot guarantee that we will meet them.
3.6 If as part of this service you are required to install any software you agree to install and keep this software. If you refuse to install this software this may mean that we have to offer a reduced level of service or withdraw the service completely.
4. Payment/Termination
4.1 You must pay the charges for this service as described at www.techpal.co.uk/termsandconditions
4.2 Either party may terminate this agreement by giving 30 days’ notice in writing.
4.3 All payments are in advance and in terms of subscriptions must be collected via direct debit, debit card, cash or Standing Order unless stated otherwise in writing.  All prices exclude VAT @ 20% and are updated on our website monthly.

5. Ad-Hoc or Pay-As-You-Use Remote, Telephone & On-Site Services
5.1 Remote and Telephone Support Ad-hoc services are provided throughout the UK and the rates are quoted on the schedule A and also on our web site www.techpal.co.uk Click the schedule an appointment once speaking with our engineers to determine the best option for you. The booking procedure will require you to confirm our terms and conditions of sale and to agree to pay our Pay As You Use remote and service fees. Our minimum charge is for 15 minutes. You will be required to pay for these services immediately in accordance with our terms and conditions. The exception to immediate payment is the agreement by TechPal to provide credit services to you. You will be notified in writing if you have a credit account with TechPal before services are provided.
5.2 On Site Ad-hoc services are provided in the area described at www.techpal.co.uk. This service is based on an hourly rate as described at www.techpal.co.uk. The minimum charge for a callout and then per hour of labour. Our engineer or approved contractor will carry your fault diagnosis, repair, configuration and installation of the computer hardware as described in this agreement. Site visits are available Monday-Friday 9:00am – 5:30pm excluding public holidays. Visits are usually made within 48 hours of agreeing to your request (subject to availability).
5.3 You must give access at the time of the agreed visit. Failure to do so may require in us charging for the missed appointment (The minimum charge is 1 hour of labour).
5.4 If your fault cannot be rectified on site we will give you the option to have the fault rectified off site.
5.5 If your hardware requires repair we will provide you with an estimate to carry out this repair if it is an item that we can obtain parts for.
5.6 If we replace your main hard drive we will install the original operating system and any Microsoft Office and application software onto your machine provided that you have the relevant genuine licence key(s) and disks or download files.
5.7 If your hardware is faulty and under warranty we will endeavour to liaise with the equipment manufacturer on your behalf. We will not repair any equipment under warranty.
5.8 The prices for this service do not include any parts required.

6. Our montly support plans are Level1 , Level 2 & Level 3.  New clients are required to agree for 3 months support, there after then services are provided on a monthly rolling basis.  Clients are invoiced in arrears at the end of the month. The plans are based on a per computer not per user basis so if a client has 15 computers connected to a network including some home locations but only 12 users, then it is the 15 computers need to be covered irrespective of numbers of users. All 3 of our plans provide different levels of service and do not automatically include any labour fees for remote or on site service.  However these plans do attract 20% discount from our Ad-Hoc on site and remote labour fees.

6.1 Level 1 plan – Monitoring (our most basic plan)
6.2 This service provides you with:
a) Our TechPal app which provides 24/7 monitoring and alerting when hardware, services and Virus status report issues your computer is experiencing. These alerts “can” be made on your desktop and also alerted to our helpdesk. This service does not include any provided Anti Virus. If you require anti virus / anti ransomeware, then we recommend either Silver or Gold plans.
Level 1 plan is £30 per device/pc per month.
b) Telephone, Remote and On-site support is not included in Basic.
Remote & Telephone support add on is £10 per 15 minutes. All other services will be charged separately as per the TechPal IT Support for Business Services table in schedule A. On Site is on a per incident basis and is charged depending on the customer location

7. Level 2 Plan
7.1 Level 2  is our standard plan
7.2 This service provides you with:
a) 24/7 Remote monitoring software installed on your computer and used to alert us of issues your computer is experiencing
b) Supply and installation of approved TechPal antivirus software Emsisoft. Techpal take no responsibility for the performance of Emsisoft.
c). If the online backup option is also selected by the client, then we will install Livedrive online backup.  Techpal will setup an account for the client at Livedrive and install the software.  Techpal take no responsibility for the performance of the Livedrive software.  Our online backup terms can be viewed at https://techpal.co.uk/backup-terms-and-conditions/  Level 2 support service subscription without remote and on site support is £37 per month per device/computer. Telephone, Remote and On-site support is not included, remote & Telephone support add on is £10 per 15 minutes. On Site is on a per incident basis and is charged depending on the customer location.
d). Telephone, Remote and On-site support is not included and will be charged separately as per the TechPal IT Support for Business Services table schedule A.
7.5 Telephone support is available Monday-Friday 9:00am – 5:30pm excluding public holidays. Telephone support calls are usually made within 4 working hours of us agreeing to your request if the problem is mission critical. Timescales for non-mission critical visits are agreed at time of request.
7.6 On-Site visits are available Monday-Friday 9:00am – 5:30pm excluding public holidays. Visits are usually made by the next working day of us agreeing to your request if the problem is mission critical. Timescales for non-mission critical visits are agreed at time of request.
7.7 You must give access at the time of the agreed visit. Failure to do so may require in us charging for the missed appointment.
7.8 If your fault cannot be rectified on site we will give you the option to have the fault rectified off site.
7.9 If your hardware requires repair we will provide you with a quotation to carry out this repair if it is an item that we can obtain parts for.
7.10 If we replace your main hard drive we will install the original operating system onto your machine provided that you have the relevant licence key(s).
7.11 If your hardware is faulty and under warranty we will endeavour to liaise with the equipment manufacturer on your behalf. We will not repair any equipment under warranty.
7.12 The prices for this service do not include any parts required.
7.12 Additional computers can be added to your same subscription as per the TechPal IT Support for Business Services table above.

8. Level 3 plan
8.1 This plan includes the subscription to Cyber Smart for cyber essentials certification which provides us with the tools to provide ongoing cyber essentials protection based on Cyber Smart application perameters.
8.2 This service also provides you with:
a) 24/7 Remote monitoring software installed on your computer and used to alert us of issues your computer is experiencing
b) Our approved TechPal Antivirus & Anti Malware software Emsisoft
c) Our approved TechPal data back-up software livedrive. Techpal will setup an account for the client at Livedrive and install the software.  Techpal take no responsibility for the performance of the Livedrive software.  Our online backup terms can be viewed at https://techpal.co.uk/backup-terms-and-conditions/
d) Telephone and remote support is not included as standard for £57. Telephone, Remote and On-site support is not included, remote & Telephone support add on is £10 per 15 minutes.
e) On-Site visits are available Monday-Friday 9:00am – 5:30pm excluding public holidays. Fees for on site visits are on a schedule A. Visits are usually made within 8 working hours of us agreeing to your request if the problem is mission critical. Timescales for non-mission critical visits are agreed at time of request. On Site is on a per incident basis and is charged depending on the customer location
8.5 Telephone and Remote support is available Monday-Friday 9:00am – 5:30pm excluding public holidays. Telephone support calls are usually made within 4 working hours of us agreeing to your request if the problem is mission critical. Timescales for non-mission critical visits are agreed at time of request.
8.6 Additional On-Site visits are available Monday-Friday 9:00am – 5:30pm excluding public holidays. Visits are usually made within 8 working hours of us agreeing to your request if the problem is mission critical. Timescales for non-mission critical visits are agreed at time of request.
8.7 You must give access at the time of the agreed visit. Failure to do so may require in us charging for the missed appointment.
8.8 If your fault cannot be rectified on site we will give you the option to have the fault rectified off site.
8.9 If your hardware requires repair we will provide you with an estimate to carry out this repair if it is an item that we can obtain parts for.
8.10 If we replace your main hard drive we will install the original operating system onto your machine provided that you have the relevant licence key(s).
8.11 If your hardware is faulty and under warranty we will endeavour to liaise with the equipment manufacturer on your behalf. We will not repair any equipment under warranty.
8.12 The prices for this service do not include any parts required.
8.13 Additional computers can be added to your same subscription as per the TechPal IT Support for Business Services table above.
9.0 Platinum service is no longer available as of January 2020.
10.2 In the unlikely event that you feel you are not receiving the level of service you expect you can record a concern under our complaints procedure. A copy of which is available on request.
11. General Terms
11.1 You agree to and give permission to:
a) Our engineers or approved contractor having remote and physical access to your computer systems
b) Install and keep or allow us to install and keep approved ant-virus protection to all systems (subject to any software licence fees)
c) Have technical details and passwords regarding your systems recorded on our databases
d) Allow us to create any administration accounts that we may require
e) Accept software End User Licence Agreements (EULA) and updates on your behalf as part of the software installation process
11.2 We do not guarantee that we will be able to fix all faults reported to us, or that we will be able to advise you on all issues raised.
11.3 We are not liable for failures in any of the supported applications and operating systems. We recommend that you perform regular back-ups as we cannot accept any liability for loss or corruption of your data.
11.4 If a fault is due to an item not covered by the remote support sections of this agreement it is your responsibility to arrange an on-site visit with us or via a third party.
11.5 Neither party to this Agreement shall be liable for delay in performing or failure to perform obligations if the delay or failure results from events or circumstances outside of their reasonable control.
11.6 Charges for Telephone, Remote Access and On-Site services are based upon the provision of a reasonable level of support by us. If we believe in our sole opinion that you are using the service excessively, without good reason, failing to follow advice already provided or that you are failing to comply with the provisions of Paragraph 11 above, we reserve the right to raise an additional charge based upon our normal call out rate of £59.00 per hour. You will be notified in advance of all additional charges before they are incurred.
11.7 The scope of the TechPal IT Support for Business Services is to provide support for the smooth running of your computer does not extend to providing support for:
a) Search Engine Optimisation or Google Analytics
b) Website design or changes
c) Gmail, Hotmail of other web based email accounts
d) Installation of new IT equipment or provision for replacement parts or cables
e) Customer Relation Management (CRM) system
f) Sage accounting software or other accounting software
g) Bespoke software
h) Game or leisure software
i) CAD or design software
j) Graphic Design, movie or animation software
k) Macros, spreadsheet formulae, Word Processing tables and layout l) Child protection software m) Tutorials or advice on additional peripherals) Audio Visual equipment or televisions
11.8 We reserve the right to modify these terms without prior notice. 11.9 The TechPal IT Support for Business Services may not be available in all areas and may be withdrawn at any time and without prior notice.