Terms and Conditions – Insomnia I.T. Systems
The terms and conditions set forth below are a legal agreement between you (the Client) and Insomnia I.T. Systems. These terms and conditions shall apply to all goods and services supplied to the Client by Insomnia I.T. Systems.
By accessing these terms and conditions, the Client acknowledges that they have read, understood and agree with the terms and conditions stated including exclusions and disclaimers in respect of liability and loss arising from the supply of goods and services to you the Client.
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These terms and conditions do not affect the Clients statutory rights.
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Commission Agreement
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By commissioning Insomnia I.T. Systems, you are entering into a contract with us. The following terms and conditions set forth are our obligations to you and what you are agreeing to.
Terms and Terminology
In these terms and conditions, references such as “our”, "we", "us" and “their” refers to Insomnia I.T. Systems. The use of headings in these terms and conditions is for convenience only and shall not affect the interpretation of the terms and conditions under the headings.
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Authorisation
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By commissioning Insomnia I.T. Systems, the Client authorises the inspection and evaluation of the equipment to determine the nature of the repairs required and provide an estimate of the time scale involved. The evaluation (Diagnostics) is charged at the first hour rate to the Client and no work beyond the evaluation will be charged without explicit Client approval.
Insomnia I.T. Systems when commissioned to carry out repairs also have the necessary permission from the Client to replace components with new or used devices of a similar or better design and capability.
The Client also authorises Insomnia I.T. Systems, its employees and agents to receive and transport equipment to and from the Clients premises to the offices of Insomnia I.T. Systems.
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Repair Order Process
To process your equipment repair request we require the following information as a minimum:
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Name
Address
Landline contact number
Mobile contact number
Email address
Computer passwords etc.
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We may use your details for marketing purposes however, we will not pass your details to any third party.
Client Legal Rights
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The Client is the legal owner of the computer equipment handed over to Insomnia I.T. Systems for repairs. It is also acknowledged that all data stored on the computer equipment is the Clients property and Insomnia I.T. Systems is not permitted to access this data without the explicit permission of the Client.
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Payment
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Payment is due in full upon completion of a successful repair (Diagnostic charge still applies), prior to the release of the equipment whether shipped to the Clients address or picked up from Insomnia I.T. Systems place of business unless by special previous arrangement.
If credit terms are agreed and approved, payment in full must be made within 30 days from the date of the invoice. Beyond the 30 days, we have the right to add an additional 3% over bank base rate of the total invoice for each week of non-payment. This only applies to business customers.
Overdue payments may place the Client on credit hold. This means no further services; repairs or equipment will be supplied or made available to the Client until all previous payments are paid in full. Insomnia I.T. Systems may at its discretion withdraw credit facilities at any time if the Client is found to be in breach of these terms and conditions.
We will accept payment by cash and all major credit and debit cards. We unfortunately cannot accept payment by cheque. All credit/debit cards will be charged a transaction fee of 1.98% which is passed on from our card processing company. All credit/debit card payments are made securely by Worldpay.
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Refunds can be by cheque or refunded to the credit or debit card used when paying for the service or repair.
In circumstances when goods are supplied, you will only own these goods when payment in full is received.
Computer parts, hardware, and software that need to be specially ordered may be asked to be paid for in advance at the technician’s discretion.
Estimate for Repairs
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Upon initial inspection of the equipment, an estimate will be provided for the necessary repairs.
For work estimates above £500 a deposit of 50% for goods and services will be required prior to the commencement of the works. All deposits will be kept securely until the invoice is settled in full.
The acceptance of an estimate or quotation for a service or repairs and instruction to proceed by the Client either verbally by telephone or in person, or in writing (including email) shall be deemed acceptance of these terms and conditions.
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Availability of Goods and Services
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Goods and services are subject to availability. If for whatever reason we are unable to supply any goods or services, we will not be held liable for any compensation or damages as a result of the non-performance.
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Booking a Service
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You can book a service by either calling our premises or requesting a repair service via our website.
Home or Business Call Out Requests
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Insomnia I.T. Systems are a mobile service and provide this service at no additional charge. All invoices, estimates and quotations will not show any call out charges. By agreeing to these Terms the Client accepts the diagnostic charge (first hour onsite) as a minimum charge for all call outs. Home & Business call outs are allocated on a first come, first serve basis.
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Online requests will be confirmed by either telephone or by email.
If a home or business call out is booked and access is not gained at the agreed allotted time the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
In the event when we cannot make the appointment at the agreed time due to factors beyond our control you will be contacted in advance advising you of the situation and re-schedule an appointment as soon as reasonably possible at a mutually convenient time. If you wish, you have the right to cancel your service or repair request. A full refund will be offered for any payments made in advance.
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Cancellation of a Call Out Service Request
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You may cancel an agreed home or business call out at any time up to 2 hours prior to the agreed appointment time.
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Cancellations made in sufficient time will be entitled to a full refund of any funds paid in advance.
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If you cancel or change an appointment within 2 hours prior to the agreed time, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
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Service or repair cancellations can be communicated by any of the following:
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Email
Text message
Telephone
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If no one was available when an engineer calls to the Client’s premises, a note will be left confirming the call out. A new appointment can be re-scheduled however, the Client will be subject to a charge equivalent to 1 hour of our standard hourly rate in addition to the costs of the service or repairs.
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Cancellation of Goods Provided
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All computers and laptops provided to customers are tailored to the customer’s needs and specification, therefore cancellation rights do not apply. Insomnia I.T. Systems do not offer “off the shelf” products and services as all components are ordered on a “as and when needed basis” for the job at hand therefore all products supplied are considered tailored to the customer.
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Delivery of Goods and Services
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If equipment is delivered back to the Client in a damaged or faulty state, you must inform as soon as reasonably practical. We will arrange collection and repairs at our cost. If you fail to inform us within a reasonable timescale, we shall have no liability for the goods damaged on delivery. This does not however affect your statutory rights.
Our Collection Policy
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Any equipment left with Insomnia I.T. Systems and unclaimed for 30 days, will be disposed of to recover our costs incurred while carrying out a service or repair. After this period, Insomnia I.T. Systems shall have no liability to the Client or any third party.
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Non Compatibility Software
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The Client understands and accepts that some software applications may no longer work correctly after a repair has taken place. This may be due to the installation of the latest hardware or software. It is therefore the Client’s responsibility to reinstall or reconfigure these applications.
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Backing Up Data
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Insomnia I.T. Systems will make every possible effort to preserve the Client’s data and files, however it should be noted that there are NO GUARANTEES whatsoever that the Clients data and files will remain intact after the repairs.
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IT IS THEREFORE THE CLIENT’S SOLE RESPONSIBILITY TO ENSURE THAT ALL THE DATA AND INFORMATION STORED ON THE COMPUTER EQUIPMENT REQUIRING REPAIRS IS APPROPRIATELY BACKED UP TO OTHER STORAGE DEVICES PRIOR TO HANDING OVER FOR REPAIRS.
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Charges will be incurred if Insomnia I.T. Systems has to perform a lengthy backup procedure to protect the Clients own data in order to complete the repairs.
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We cannot be held responsible for the following during the repairs:
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Loss or corruption of data, files, information or records;
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Any loss of business goodwill
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Any losses attributed to the interruption to business activity while equipment is out of service for repairs
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Failure by the Client to follow our reasonable recommendations, instructions and advice to back up data
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Any losses you may suffer arising from failure to use anti-virus software
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Any loss considered to be unforeseeable
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Damage resulting from viruses or other malicious software that may have been transmitted during servicing or repairs and therefore escaped detection
Insomnia I.T. Systems will not be liable for any damage caused to other equipment by parts supplied following any repair.
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Confidentiality of Data Stored on Computer Equipment
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Insomnia I.T. Systems, its Employees and Agents agrees not to disclose to a third party any information or data files stored on or recovered from the Client's equipment during the service or repair.
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Any data that is held by Insomnia I.T. Systems will be kept securely in line with data protection guidelines.
Warranties
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Insomnia I.T. Systems provides a 30-day warranty on labour only repairs carried out on computer equipment requested by the Client. Insomnia I.T. Systems makes no warranty for data or computer files either expressed or implied. Insomnia I.T. Systems disclaims any data warranty of any kind. If the same problem re-occurs within 30 days of the original repair, Insomnia I.T. Systems will undertake the repair again without charge. However, charges will be incurred should additional parts are required. This warranty excludes faults caused by viruses or software issues.
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All computer parts supplied by Insomnia I.T. Systems are new and come with a 1-year manufacturer’s warranty from the date of the repair. In some instances, we may offer second hand or used parts at a reduced cost. The Client will be consulted if they are willing to accept second hand or used parts prior to fitting. No warranty will be provided with second hand or used parts.
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Any warranty offered will become invalid if the manufacturers marked label is removed or tampered with in any way from the parts installed during a repair.
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Parts are only covered under warranty that fail due to manufacturing defects for the said parts and confirmed by the component manufacturer. Should the part fail because of mishandling of the computer equipment or inadequate subsequent servicing or failure from “fair wear and tear” the warranty becomes invalid.
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Damage to a computer system or its components supplied by Insomnia I.T. Systems under a repair contract caused by a power surge or spikes, including but not limited to mains power and telecoms connections or other unspecified sources e.g. voltage fluctuation, amperage fluctuation, water ingress are not covered under the warranty.
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Furthermore, the warranty does not cover for any loss or damage due to negligence, mishandling, accidents, theft, water flooding, war outbreak, electrical storms, fire outbreak, earthquakes, or any other act of God.
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Guarantee’s/warranties are not insurance backed.
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Manufacturers Warranties
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During the performance of our services, we may affect a manufacturer’s warranty validity. It is the Clients responsibility to determine the consequences of our services on any manufacturer's warranty and take the appropriate action necessary.
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No Fix No Fee Policy
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Insomnia I.T. Systems “No Fix - No Fee” policy means that if an Engineer cannot fix the problem with the equipment or does not possess the necessary technical skills, knowledge or ability to resolve the problem or effect the repair, then in this instance there is a “No Charge” for the services provided to the Client. It is at our Engineers discretion whether or not a repair is possible.
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It is agreed however that we must be given sufficient time and access to the equipment to diagnose the problems.
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However, if the Engineer is able to resolve the problem but is prevented from doing so by the Client instructing the Engineer not to proceed with the service or repair, then in this instance, the Client will be charged for the time spent up until that point (a minimum of 2 hours at the standard hourly).
Additionally, if the Engineer is able to resolve the problem but prevented from doing so because the Clients does not possess the required accessories, the CD for third party software or software Product Key, then in this instance the Client will be charged for the time spent up until that point (a minimum of 2 hours at the standard hourly rate).
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Furthermore, if the Engineer provides a clear and precise diagnosis of a failed component within the equipment, however the Client decides not to proceed with the repair or replacement of the said component, then the Client will be charged for the time spent up until that point (First hour onsite diagnostic charge applies).
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This policy does not apply to work performed to recover data, solve computer virus, malware or spyware issues or in cases in which the equipment was affected by a lightning strike.
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Complaints Policy
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We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
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To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
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As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
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In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call us on (01246) 477384, or write to us at:
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Insomnia I.T. Systems
3 Kinder Road
Inkersall
Chesterfield
Derbyshire
S43 3HR
or email us at:
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and we aim to respond within 7 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
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Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so, please contact Which? Trusted traders in the first instance on 0333 241 3209.
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Misquote
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If we provided a quotation and subsequently discover that the quote is incorrect, we reserve the right to cancel the order and return your equipment without any repairs carried out. We will contact you at the earliest convenience to advise you of the situation and you will be given the option to proceed based on a new revised quotation or the order can be cancelled.
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If you choose to cancel the order, any monies paid in advance for the repairs will be refunded in full.
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This Agreement
All contracts formed between Insomnia I.T. Systems and the Client shall be governed by and construed in accordance with and governed by the laws of Great Britain.
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Correctness of Information and Disclaimer
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Although every effort is made at all times to make sure the information contained in our website and in our documentation provided is accurate, current and reliable information, it should be recognised there is a possibility of errors in the information contained within. Insomnia I.T. Systems expressly denies any warranty of the accuracy and reliability of any information provided in their website or documentation. Insomnia I.T. Systems shall not be held liable for any losses caused by anyone’s reliance upon the accuracy and reliability of the information contained within.
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We reserve the right to amend the content of our website and or our documentation at any time without prior notice.
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We cannot accept any responsibility for other websites we do not control, which may be linked to or from our website.
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Insomnia I.T. Systems has the right, at their discretion, to refuse the supply of goods and services.
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Insomnia I.T. Systems reserves the right to change their terms and conditions at any time without prior notice.
