Terms and Conditions

General

We are Esthetig Ltd, registered in England and Wales as a Private Limited Company, Registration Number: 6112562, Registered office: Bethel, 26 Tan-y-Fron, Deganwy, Conwy, LL31 9YN.

These terms and conditions pertain to our services provided as North Wales Computer Repair and should be read in their entirety.

The following terms and conditions apply to services provided by North Wales Computer Repair. Our services are Computer Repair, laptop repair and Maintenance services.

About Esthetig Ltd

Our website is: www.nwpcr.co.uk

Throughout this document, North Wales Computer Repair, NWCR, and Esthetig Ltd Will be used interchangeably but always refer to Esthetig Ltd.

Office Hours

Our normal office hours are:

  • Monday-Thursday: 09:00 – 17:00
  • Fridays: 09:00 – 16:00

We are closed:

• Weekends
• UK Bank Holidays
• Christmas and Easter week

This entire page with all its sections tells you the terms and conditions on which we supply our services described on our website to you.

We may provide links on our site to the websites of other companies whether they are affiliated with us or not. We cannot undertake that the products and/or services you purchase from companies we link to will be of a satisfactory quality, and any such warranties are disclaimed by us completely, any disclaimer does not affect your statutory rights against the third-party seller.

Acceptance

Please read these Terms and Conditions carefully and print a copy for your records if necessary. By ordering any of our services you accept these Terms and Conditions in full. We cannot offer any services if you refuse to accept these terms, The Privacy Policy which includes our data processing policy under the European General Data Protection Regulations (GDPR).

You also agree to us sending you our regular newsletter and updates about our service by email. Email is our primary form of communication with you.
By placing an order through our website or in person, you warrant that you are legally capable of entering into binding contracts, you are over the age of 18 years old and you are acting on behalf of a company or other legal form of business. You further warrant that you have the authority to bind that company or business on whose behalf you are placing an order.

We are committed to protecting your privacy. Authorised employees of the company on a need-to-know basis only use any information collected from individual customers. Our privacy policy conforms to European General Data Protection Regulations (GDPR).

We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

For more details and details of our cookie policy see our Privacy Policy.

Confidentiality

We conform to the Data Protection Act 1998 and European General Data Protection Regulations (GDPR) and as such, any information concerning the customer and their respective records may be passed to third parties. However, customer records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers and if legally required to do so to the appropriate authorities. We do not store credit card details, nor do we share customer details with any 3rd parties.

Customers have the right to request sight of, and copies of any customer records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued about the provision of our services. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by NWCR will only be in connection with the provision of agreed services and products.

We always report illegal images or materials we find on your computer system, to the appropriate authorities.

We are registered for Data Protection with the Information Commissioners Office (ICO) Reference: ZB152503.

Your Responsibilities

It is the customer’s responsibility to make sure that all contact details are up to date. This can be done by emailing support@nwpcr.co.uk with the required changes. Failure to do so may result in termination of our service if we are unable to contact you.

You must always keep your username and password private and secure and you must contact us if you believe someone else has access to your login details.

Support

Telephone support for all our services is offered free during our normal office hours. Outside office hours’ simply send an email to us at support@nwcr.uk and we will contact you as soon as possible.

Our support team will help resolve any problems you have with the services you are receiving. We will not provide programming support to you. But, as part of our hosting services, our servers are compatible with many programming languages.

We do not provide telephone technical support. Support is provided via our ticket system or online chat.

Pricing

All prices are as seen and do not include any service charges, taxes etc. The price you see is the price you pay.

The total cost for services to be provided will be provided by the engineer before work is carried out.

We reserve the right to amend its prices from time to time with or without notice. We will, however, endeavour to notify you of any price change at least 14 days before the price change comes into force.

All quotations are valid for 30 days. We reserve the right to alter or decline to provide a quotation after the quotation has expired at the end of the 30 days.

Payment for services is due by upon completion of the provision of the services. Payment should be made directly to the engineer by Debit/Credit Card (via Square) or cash. Where agreed, you can also telephone the office with your payment.

Despite our best efforts, due to the number of services we offer, some of our services may be priced incorrectly. We will deal with this situation as follows:

  • Where the correct price is less than our stated price, we will charge the lower price when accepting your order.
  • If the correct price is higher than the price stated on our website, we will normally contact you for your instructions before accepting your order.
  • We are under obligation to provide services to you at the incorrect, or lower price, even after we have sent you an acceptance confirmation.

Booking Process

You can telephone us, use our online booking system or email us to book an appointment for an engineer to visit your premises.

Your engineer will discuss with you the work required to be done and allow you to request additional services at the start of work at your premises. It may be necessary to carry out repairs on our premises, the engineer will inform you if this is necessary.

At the end of the service call, you will be asked to pay the engineer by cash, debit/credit cards or, if agreed to call the office to make a telephone payment.

You will receive a receipt by SMS or email (you will be offered the choice by your engineer).  You can request copies of previous receipts by calling the office on 01492 580572 or emailing support@nwcr.uk. Your appointment constitutes an offer to us to buy our services and all orders are subject to our acceptance.

The contract between you and North Wales Computer Repair will only be formed when the engineer begins work. We are not obliged to supply any of our services.

Invoice Process

Services must be paid for at the end of the engineer visit and a receipt for these services will be sent via SMS or email, depending on your preference, except for work carried out on our premises, when payment will be due when the engineer returns your computer.

Please bear in mind we do not offer any form of credit. If it has been agreed that you can pay online or by telephone after the engineer’s visit, then the following will come into force.

    • One day after an invoice is due, your account will be considered overdue.
    • Five days after an invoice is due, NWPCR will send an overdue reminder that payment is overdue.
    • Seven days after an invoice is due, NWPCR will send you a second invoice payment reminder.
    • Fourteen days after an invoice is due, you will be sent a third and final reminder, that your account will be suspended without further notice, this may affect other services you have with us, and your account will be terminated. You will be assessed a service charge of the greater of £10 or 8% plus the prevailing Bank of England base rate, or the maximum allowed by law for every month that the invoice remains unpaid. You will remain liable for the amount outstanding plus the service charge for every month the account remains unsettled. If necessary, we reserve the right to seek repayment through necessary court processes.

Payment

All payments shall be made in Pounds Sterling (GBP).

NWCR does not offer any form of credit; all invoices must be paid at the end of the engineer’s visit or when your computer is returned, if it is repaired on our premises.

If any overpayment is made, this will normally be held on your account as a credit, unless you request full payment.

All payments are made using either debit/credit card, cash or telephone and will appear on your bank statement as Esthetig Ltd.

Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen payment method is not authorised by your debit/credit card provider or your bank, you authorise us to seek payment from any other debit/credit card or direct debit registered against your account.

If we fail to authorise payment your account may be suspended.

Default

Accounts unpaid fourteen days after the due date will be considered as default.

Any payments returned due to insufficient funds will immediately place the customer’s account in default until full payment is received.

Customers with accounts in default agree to pay Esthetig Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Esthetig Ltd in enforcing these Terms and Conditions.

We reserve the right to seek recovery of outstanding amounts due by you by any means, including referring the debt to an external debt recovery agent if necessary, you will be responsible for all fees incurred if we use an external debt recovery agent. You agree to pay such a charge in addition to the amount you owe us.

Refunds and Cooling-Off Period

Engineer Services

A refund agreed for work carried out by our engineer will not exceed the price you paid for said services.

Items Purchased

For faulty hardware purchased from us: If a fault occurs within 30 days of receipt, we will offer you a full refund. After 30 days, we will either repair or replace it at our discretion. Please return it to the store you purchased it from with your original receipt of purchase, original packaging and, If you change your mind – If you have changed your mind or your product has been returned as “faulty” but no fault has been found you are not liable to a refund.

Items Purchased Online

Under the Consumer Contracts Regulations you have the right to return your order up to 14 days from the day you receive your goods. If you have changed your mind we will only accept the item for refund if the item is unopened, in its original condition and packaging with a receipt of purchase. You are responsible for the return delivery costs.

Warranty and 30-day Money Back Guarantee

We offer a limited 30-calendar day money-back guarantee on all services provided by NWCR, beginning on the day after our engineer’s visit. We will endeavour to repair any issues caused by our engineers. We cannot offer a refund due to circumstances outside of our control including virus/malware removal. We will refund the price you have paid to the debit/credit card or cash if used to purchase the service. No other refund will be made, and this is limited to one refund to one person.

Unless stated, all non-trade services carry a one-year warranty on both parts and labour. If in the unlikely event same problem happens that we have fixed or any fault is related to the service provided we will either try again to fix the problem at no extra charge or, if we cannot fix the problem, we will refund your payment in full for the services performed. This excludes faults caused by the failure of other components after the repair has taken place, or by faults caused due to incorrect use of software or downloaded material, virus and malware infections, or by faults arising from accidental damage or incorrect use of the product.

Please note, you are responsible for the cost of returning your device to us or we can arrange our courier at the standard rates.

Limited Warranty

Although we offer a warranty for almost all repairs, there are some exceptions where items our standard warranty does not apply. We will indicate to you at the time of repair/collection of repair what items have a limited or exempt warranty. This includes but is not limited to the following items:

  • GPU/BGA/CPU Reflows – One Month Warranty
  • Liquid Damage – No Warranty
  • Virus or other malware infestation – No Warranty as reinfection is beyond our control.

For all warranty issues please contact us first to authorise a return under warranty.

To claim this warranty, you must inform us by emailing support@nwcr.uk or by phone 01492 580572 before the end of the 30-calendar day period. We will respond to your request within 7 days.

The following services may not be claimed under the limited 30-calendar day money-back guarantee include (but are not limited to): viruses/malware removal (we cannot control re-infection), products purchased through us as these are covered by a manufacturer guarantee, products you have supplied to the engineer. We cannot refund any product as part of this guarantee as the product will continue to be owned/licenced by you.

DISCLAIMER OF LIABILITY

We strive to provide the highest quality computer repair services. However, there are some limitations to our liability. By using our services, you acknowledge and agree to the following:

• Data Loss and System Disruption: While we take all reasonable precautions to minimise data loss and system disruption, unforeseen issues can arise during repairs. We cannot be held responsible for any loss of data, data corruption, loss of images, documents, or information. We also cannot be liable for any financial loss, loss and interruption to business or contracts.

• Following Recommendations: It is important to follow our recommendations and instructions. We cannot be held responsible for any failures or issues resulting from non-compliance.

• Anti-Virus Software: We cannot be held responsible for losses or issues related to your use (or failure to use) any anti-virus software.

• Unforeseen Losses: We are not liable for any loss that is not reasonably foreseeable.

• Cosmetic Damage: While we take every precaution, minor cosmetic damage, such as scratches, may occur during the repair process. We cannot be held responsible for such minor cosmetic damage.

• Laptop LCD and Top Cover Replacement: In specific cases like laptop LCD unit and top cover replacement, the nature of the repair requires using heat and/or mechanical tools to separate glued components. In rare instances, this process may damage the LCD unit itself. We cannot be held responsible for such damage.

• Data Backup: We strongly encourage you to back up all important data before bringing your device in for repair.

• Manufacturer Warranty: Please be aware that our services may affect your device’s manufacturer warranty. It is your responsibility to assess the effect of our services on any manufacturer’s warranty.

No fix, no fee policy

Our no, fix no fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer apart from the cost of any work carried out.

If the engineer can resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work or is prevented from carrying out the work by anything beyond their control, e.g. power failure, lost passwords etc., then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 1 hour.

If the engineer can resolve the problem or effect the repair but is only prevented from doing so because the customer does not possess the required (spare) parts, software CD-ROM or Product Key, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 1 hour.

If the engineer provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 1 hour.

The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or so.

Intellectual Property and Your Data

You retain all intellectual property rights in your material and/or data, and you grant us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your material/data whilst we carry out repairs.

We will not share or otherwise transfer any of these materials and will remove them from our devices at the end of the repair.

Quality of Service

We warrant (subject to other provisions of these terms and conditions and privacy policy) that any services you purchase from us will be provided with reasonable care and skill.

We will not be liable for a breach of this warrant above unless:

  • You give written notice of the breach to us
  • We are given a reasonable opportunity after receiving the notice to put things right
  • The problem arises because you failed to follow our oral or written instructions as to the use of the services
  • You alter settings, hardware/software, and items carried out during the services without written consent
  • The problem arises because of misuse

If we are in breach of the warranty following the above, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the services at the pro-rata contract price.

By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed by us in writing. Nothing will exclude or limit our liability to you for fraudulent misrepresentation.

Computer Repair and Maintenance Services

Important Notice

You are responsible for ensuring that you have backed up all data on your computer before we carry out repairs or maintenance. We will not be responsible for any loss of data, pictures, information or programs on your computer.

If you have not made any backups of your data then we can do this for you. Please contact us as soon as possible to arrange for your data to be backed up before we start work on your computer. Please note, that mechanical failure of your hard disk or other components inside your computer can occur without warning during our intensive diagnostics. Virus and malware infections can also damage your data could lead to unpredictable problems and could result in data loss.

For some jobs, we may need to re-install your operating system. This involves wiping your hard disk clean and re-installing the operating system back to the point when your computer was first purchased. We will let you know before doing this but if you require your data to be backed up prior to the wipe and restored to your computer once the operating system has been re-installed please let us know. There will be additional charges associated with this service.

Remote Computer Repair

By using our Remote Computer Repair Service you agree to abide by these Terms and Conditions and other legal documents found on our legal page, you are covered by our Privacy Policy at all times.

The conditions described in our no-fix-no-fee policy (see section 14.) apply to our remote computer repair service.

Our Remote Computer Repair service is only suitable for software-based issues.

We will not be liable if any damage happens during the work internal or external with the device we are repairing. No compensation or legal cover will be offered. We or our engineer will not be held responsible for the damage. If you wish us to fix this, we can organise an onsite call with you where additional hourly charges will be made.

If you request the remote computer repair and we are unable to repair the computer we will arrange an onsite call at no extra cost provided you are within our standard operating area. You agree to pay any additional fee required if you live in North Wales outside the approximate 20-mile area from Deganwy.

If more issues become apparent during the work, you will be notified and provided with a quotation to complete the work if required.

If your computer is infected data is removed deleted, wiped off, or otherwise lost or the hard drive is damaged during the repair, we or our engineer will not be held liable.

During any data backup carried out during the remote repair, if any data cannot be copied or deleted, we or our engineer cannot be held responsible.

If we fail to fulfil these terms and conditions, you agree that compensation will be to the maximum of the cost of the remote computer repair fee.

On-Site Repairs and Services

If you book an on-site mobile repair technician appointment we will need the following at the time of the engineer visit:

  • Full access to the equipment being repaired. Electricity mains power and lighting
  • Your agreement to follow our reasonable instructions

Your computer system should have a valid Windows operating system or Apple OS X operating system installed. If you have not, we will need to purchase and install a retail version of the relevant operating system for your computer. Additional costs and time will be involved.

We are unable to work on unlicensed operating systems.

Repair at Our Premises

Some issues cannot be carried out at your premises, this can be due to the length of time it will take to effect a repair, additional tools/testing required or because your computer is too slow to effect a repair in a reasonable time. Your engineer will let you know if this is the case as soon as possible during the service call.

Free Diagnostics

It can take many hours to fully diagnose your computer. This is a free service we offer to all our residential customers on condition that we repair your device while your device remains on our premises. If you decide to not go ahead with the repair, a nominal diagnostics charge of £20.00 will be applied or if your device is beyond economical repair we are happy to recycle your device for a further fee of £15.00.

Liquid-damaged items are subjected to a non-refundable cleaning fee before we start any repair/diagnosis of the device. The fee for small devices (mobile phones) is £30.00.

Repair/Serice Cancellations

It can take many hours to fully diagnose and repair your computer and often we need to purchase parts that are required for your repair. If at any time you decide to cancel the repair you will be liable to make payment of any parts ordered for your repair and a calculation of the cost of labour to the maximum of the agreed quoted cost of repair will be charged. We will not release any item back to you until payment in full is received.

Abandoned Computers

Any computer that has been left abandoned on our premises for over 90 days will be recycled or disposed of if prior arrangements have not been made. You must check your details on your receipt/email at the time of booking to ensure that we have your correct contact details. We will not be held responsible for any inaccuracies in the details provided.

Repair and Diagnostics Times

Although we aim to get your device repaired/diagnosed as quickly as possible, the service can sometimes take longer than anticipated. We normally aim to diagnose and repair within 2 business days but sometimes the repair can take longer. We often have to source parts from outside of the UK and can take several weeks before we receive the parts and clear customs. We will not be held responsible for any repairs that exceed our estimated completion time. We will make every effort to inform you if we expect a delay in our service. If you would like a status update please get in touch with our repair centre or send us a message from our website.

Apple iPad and Other Mobile Device Repairs

When NWCR take on your device for repair there are many situations that we are unable to test for before we start the repair and this disclaimer is in place to protect yourself and ourselves from any potential misunderstandings.

Unforeseen Damage or Malfunction

I understand NWCR will be unaware of any other potential problems that could arise as a result of the initial damage or by opening/disturbing the internal logic boards and internal cables during dismantling/repair. This may result in additional charges to cover the costs of parts required to complete the repair. We will endeavour to make you aware of this at the time of repair/diagnosis.

An example of typical faults that can occur with Apple iPads and other mobile devices as a result of repair includes but is not limited to:

  • Fingerprint Sensor Damage – If your Finger Sensor is damaged please go to the manufacturer
  • Internal Cables Damage
  • Internal LCD Screen
  • Casing Damage/Bent Chassis
  • Front/Back Camera Failure
  • Home Button/Lock/Volume/Off button Failure

Parts We Use

For Apple devices, we use parts from third parties and these are not officially endorsed by Apple. If you prefer an original Apple part this can only be undertaken by Apple.

Original Manufacturer Warranty

The manufacturer may refuse to undertake any work on your device if it is repaired by anyone other than themselves. This includes both in-warranty and out-of-warranty repairs.

Waterproof/Water-Resistant Devices

To repair your device, we need to physically get inside it which usually means we have to break the waterproof seal (if any). Some items that are classed as waterproof/water resistant may not be waterproof on return to you. If this will affect the enjoyment of your device please only ensure you get it repaired with the manufacturer directly to guarantee a waterproof seal on return.

Liquid Damaged Devices

Any device that is found to have any signs of liquid damage internally will be exempt from any warranties offered. We may still be able to repair but due to the nature of liquid damage/corrosion, we will not offer any warranty whatsoever. We will stop working on your device and inform you as soon as we see any signs of internal liquid damage. Only after speaking with you will we continue with the repair.

Your data – includes photos, emails, documents

It is your responsibility to ensure your data is backed up before repair. NWCR will not be liable for loss of data whatsoever. We do offer a backup service – please ask for this BEFORE we start the repair.

Personal Data

During the booking of your computer, we will ask you for certain details which we require to perform the service. This includes your name, address, phone number and email address. We may also require your administrator password to access your computer to complete our service.

We may record or keep a detailed note of your conversations with our engineers for records purposes. This is covered by our privacy policy.

Backups of Your Materials on Our Servers

It is your responsibility to back up any data, information or other material before NWPCR provides our services. We can provide advice on how to carry out these backups. In the event of loss of or damage to your data, information or material, you will not hold NWCR responsible.

Suspension, Termination and Severability

  • We will determine, at our discretion, whether there has been a breach of these terms through your use of our computer repair services. Also, if we find any images or other items on your computer system we judge to be illegal we will immediately suspend or terminate our services. When a breach of this policy has occurred or images or other items judged to be illegal are found on your computer system, we may take such action as we deem appropriate
  • Failure to comply with these terms and conditions upon which you are permitted to use our services, and may result in our taking all or any of the following actions:
    • immediate, temporary or permanent withdrawal of our services
    • issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
    • further legal action against you
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary

If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Duration and Cancelation of Services

If we terminate our services under the clauses of this agreement, we will refund the price you have paid for that service to the credit card, debit card or other account you used to make the payment on a pro-rata basis. We will not refund the cost of any parts or software purchased as these remain your property.

That part of the Contract relating to Services will commence on the date we visit your premises. Unless such Services are terminated as provided for in this clause, they shall continue for the minimum period of one hour that applies to the Service you have purchased.

The monthly price for Services supplied under maintenance contracts that continue on a month-to-month basis shall be charged monthly in advance directly to a debit/credit card, or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services following these terms and conditions.

We will not provide you with a refund for a cancellation that is part-way through a billing period or where the engineer has started the work.

Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use we may terminate any maintenance contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired.

Minimum Term

Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions, we may terminate a maintenance contract with 7 days’ notice to you.

Expiry or termination of the maintenance contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

Data Deletion

At the end of the service call any data we have transferred will be deleted from any disk in our possession, passwords written down will be left with you and any item you have given us to effect a repair will be returned to you.

Indemnity

All NWCR services may be used for lawful purposes only. You agree to indemnify and hold Esthetig Ltd harmless from any claims resulting from your use of our service that damage you or any other party.

The customer agrees to defend, indemnify and hold harmless Esthetig Ltd and any third party appointed by Esthetig Ltd as its agent and any of Esthetig’s officers, directors, employees, representatives, agents, affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the use of any of NWCR’s services.  This indemnification is in addition to any indemnification required from time to time by NWCR.

The customer also agrees that in the event of disputes arising with any third party, the customer shall indemnify and hold Esthetig Ltd harmless under the terms and conditions contained in these terms and conditions.

Our Liability

No guarantee or representation is given that the computer repair services will be free from security incidents or unauthorised users.

All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • for fraud or fraudulent misrepresentation
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of goodwill
  • loss of software or data
  • wasted expenditure
  • wasted management or office time

Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the services, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 1 month or 12 months preceding the event giving rise to the liability in question (depending whether you pay monthly or annually for your services).

You are advised to acquire business interruption insurance or other appropriate insurance, to protect you and your business in the event of interruption of the Services.

Where you buy any product or service from a third-party seller by following a link on our website to such third party’s website, the seller’s liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

Waiver

If we fail, at any time during the service, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions and/or all terms and conditions on our Legal page, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website and/or services, you accept that communication with us will be mainly electronic.

We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given through email.
We may give notice to you at either the then-current e-mail or postal address registered against your account with us.

Third Party Rights and Transfer of Rights and Obligations

Neither you nor we intend that any term of the Contract will be enforceable by the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

The Contract that began at the start of our services is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the service or maintenance contract that is caused by events outside our reasonable control a “Force Majeure Event”.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

  • misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of public or private telecommunications networks; and
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve our services with valid feedback from our customers. If you wish to make a complaint about a service you have received, please submit an email to us at support@nwcr.uk or by visiting our complaints page including as much detail from the issue you have. We will acknowledge your complaint within one business day and aim to resolve any issues within five business days.

Additional Terms and Conditions

Additional terms and conditions may apply to our offers. If so, you will be advised of them at the relevant point.

 

Website Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern NWCR’s relationship with you about its websites.  If you disagree with any part of these terms and conditions, please do not use our website.

The use of the NWCR website is subject to the following terms of use:

  • The content of NWCR’s website is for your general information and use only.  It is subject to change without notice.
  • The websites use cookies to monitor browsing preferences see our Privacy Policy for more details
  • If you purchase any service (or products we choose to sell through our site or our engineers) you accept and agree to be governed by our terms and conditions (above
  • The use of this website is also governed by our privacy policy. By continuing to use our website you accept and agree to our privacy policy.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.  It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us.  This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than following the copyright notice, which forms part of these terms and conditions. All intellectual property rights in the site all all the text, pictures, videos and other content available on it are either owned by us or by our licensors. You may not print or otherwise make copies of any such content without our express permission.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites.  These links are provided for your convenience to provide further information.  They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).
  • You are responsible for all access to our site using your Internet connection even if accessed by a third party.
  • We reserve the right to restrict your access to the site or any part of it. Access to restricted areas of the site may be subject to registration and other conditions. If we permit you to access a restricted area, we may withdraw that permission at any time (including because of any terms and conditions breaches).
  • Your permission to use the site is personal to you and non-transferable.
  • You will not use the site for any fraudulent or unlawful purpose.
  • You will not use the site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
  • You will not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website, or express or imply that we endorse any statement you make.
  • You will not interfere with or disrupt the operation of the website or the servers or networks used to make the site available or violate any requirements, procedures, policies or regulations of such networks.
  • You will not transmit or otherwise make available in connection with the website any virus, worm, trojan or other computer code that is harmful or invasive or may or is intended to damage the operation of or to monitor the use of, any hardware, software or equipment.
  • You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • You will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information.
  • You will not remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.
  • You will not frame or mirror any part of the Site without our express prior written consent.
  • You will not create a database by systematically downloading and storing Site content.
  • You will not use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
  • We reserve the right to revoke these exceptions at any time.
  • We will make every reasonable effort to ensure the site is available at all times. However, we cannot always guarantee this due to upgrading the site and essential maintenance. Nor can we guarantee it will be error-free.
  • The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.
  • You may create a link to this Site, provided that:
    • the link is fair and legal and is not presented in a way that is:
      • misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
      • harmful to our reputation or the reputation of any of our affiliates.
    • you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
      • the link is to the homepage of this Site at the following URL https://nwcr.uk/.
    • the link will not cause this Site or any content on this Site to be:
      • embedded in or framed by any other website, or
      • otherwise displayed in a way different to the way originally intended by us.

We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Entire Agreement

These terms and conditions and any document expressly referred to in them (including all documents on our Legal page) represent the entire agreement between us both about the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Governing Law

This agreement shall be governed by English Law in the courts of England and Wales.

Changes to Our Terms and Conditions

NWCR reserves the right to change these conditions from time to time as it sees fit and with or without prior notice. Your continued use of our services will signify your acceptance of any adjustment to these terms.

You will be subject to the policies and terms and conditions in force at the time that you order services from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

Pin It on Pinterest