Terms & Conditions for Services Fathom Information Technology.
It is the customer’s responsibility to thoroughly read through the following terms and conditions.
- Fathom Information Ltd herein referred to as Fathom IT WILL NOT be responsible for any data, emails, settings on all or any programs etc on any machine . It is the customer’s responsibility to back up all data.
- When reloading software it is not our policy to replace any software other than the operating system.
- All notes documented when the job is booked in are for internal guidance only and are not intended to be interpreted by the customer as a guarantee of the nature of work to be carried out.
- Repairs are to be paid for on collection. All works undertaken will require a deposit. Fathom IT Ltd does not extend credit.
- Any parts or accessories specifically ordered for a customer will be subject to a minimum 50% deposit.
- Warranties. All our new machines carry a full twelve months parts and labour warranty. Second hand, refurbished products and repairs carry a 90 day warranty (repair warranty only covers the specific repair). These are return to base warranties. Our warranties do not extend to software, viruses or other similar faults; we will charge for repairs of this kind.
- On collection of the machine the customer should allow approx 15 minutes in order to allow a full test and/or demonstration of the machine prior to release.
- Successful repairs will be subject to our minimum charges. PC’s and Laptops: £99.00. Screen and inlet repairs are subject to specific charges and may alter the look of the machine. PC repairs; laptops will be subject to a £25 inspection fee whatever the outcome. These fees are subject to VAT.
- All items should be collected within four weeks of a diagnosis or repair being carried out. If after making reasonable attempts to contact you within or after this time the item(s) remain uncollected, we reserve the right to dispose of or scrap such items in lieu of any inspection, repair and storage fees due.
Additional Terms and Conditions for the Provision of site Services
- Adhoc Support will be subject to – All engineer time spent on site is charged for at £89.00 per hour, plus VAT within 5 mile radius. Quote thereafter.
- Engineer time spent off site, for example obtaining parts or on a lunch break, will not be charged for.
- Any parts supplied will be covered by the usual 12 month warranty for new parts and 90 day warranty for second user and refurbished parts; however all warranties are back to base only and any call out required to diagnose and replace any potential faulty parts on site will be charged for at the usual rate. If you return the part(s) to our store within the warranty period no charge will be made for diagnosis or testing.
- While we take the utmost of care with your equipment we cannot accept any liability for loss of data, settings or configuration that may occur, nor will we be responsible for any consequential loss you may suffer as a result. Any data back up services supplied by or suggested by us are to be used by the client to back up at the clients sole responsibility.
- To save the engineer time, we recommend you have readily available any user names, passwords, or similar information that may be required. It is sometimes not possible to proceed without this information and a charge will be made.
- Any hardware requiring installation should be present and accompanied by their installation software. This includes peripherals such as printers, scanners, digital cameras and music players.
- If complications are encountered it may be impractical for the engineer to continue working on site and they may advise you that a workshop repair would be more appropriate. Any engineers time spent on site must still be paid for and there may be additional labour charges incurred by the workshop repair; you will be advised of these additional charges once a diagnosis has been carried out.
- The total balance due for all labour and parts is to be paid to the engineer once the job is complete before the engineer leaves. We accept payment by cash, card or cheque.
- Should there be any accidental damage whilst the engineer is on the premises it is the customer’s responsibility to ensure they have their own appropriate insurance. Fathom Information Technology Ltd WILL NOT be responsible for any data, emails, settings or programs, software etc on any machine It is the customer’s responsibility to back up the data. Please see data Policy GDPR.
1. The Company will provide maintenance service to the Customer normally between 09:00 and 17:30 Monday to Friday excluding public holidays . The service provided under the terms of this contract does not ensure the uninterrupted operation of the equipment.
2 Upon receipt of a request for assistance, the Company will implement their support system. This may comprise telephone support and or dial up support utilising remote access and diagnostics which may be used if this system is installed and or on-site assistance, dependent on the level of support requested. The Company shall use its reasonable endeavours to respond between the hours (09:00 – 17:30 Monday to Friday) of a request and will have absolute right to select the method of delivery of assistance.
3. Any service requested by the Customer outside the hours shall be provided by the Company on a reasonable endeavours basis. Any charge for such service will be made in accordance with the rates agreed.
4. You as the customer shall back up all data stored in the products to be repaired and remove any removable media, such as diskettes, CDs, DVDs, USB Drives or PC Cards before returning or submitting the products for repair or replacement or requesting support. We will always endeavour to safeguard data where possible but we do not accept any liability for data or software which is lost, corrupted, deleted or altered during repair on or offsite.
5. Customers accept full responsibility for customer software and data – we endeavour to but are not required to advise or remind customers of appropriate backup and other procedures. We will not be liable for any loss, damage caused to other equipment or by goods supplied We will not be liable for any data back up systems used by the clients and the loss, corruption of any data.
6. We do not accept responsibility for any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection. We have permission from the customer to replace assemblies or components with devices of similar, or better, design and capability. You, the customer understands and accepts that some applications may no longer work properly after a repair, due to the installation of different hardware or software.
1. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes (of its own or other employees) insurrection or riots, embargoes, container shortage, wrecks or delays in transportation, inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an ‘Event of Force Majeure’)
2. The foregoing terms shall form the entire Maintenance Agreement between the parties. Any modifications to the contract would be by verbal negotiation, then confirmed by written agreement between the Company and the Customer of which a separate document will be issued with the agreed detail changes to the support contract.
3. The Customer shall treat as confidential all information obtained from the Company pursuant to this agreement and shall not divulge such information to any person (except to the Customer’s own employees and then only to those employees who need to know same) without the Company’s prior written consent. The Company and any agent of the Company shall treat as confidential all information obtained from the Customer pursuant to this agreement and shall not divulge such information to any person (except to the Company’s own employees and then only to those employees who need to know the same) or use such information in any fashion, without the prior written consent of the Customer.
2. Insolvency and Bankruptcy
If the Company shall become insolvent or bankrupt or have a receiving order or administration order made against it or compound with its creditors or being a corporation commence to be wound up not being a members’ voluntary winding up for the purpose or reconstruction or amalgamation, or carry on its business under an administrator or administrative receiver for the benefit of its creditors or any of them, the Customer shall be at liberty to terminate the Contract forthwith by notice in writing to the Company or to the administrative receiver or administrator or liquidator or to any person in whom the Contract may become vested or to give such administrative receiver, administrator, liquidator or other person the option of carrying out the Contract subject to his providing a guarantee for the due and faithful performance of the Contract up to any amount to be agreed. In the event of termination under this Sub-Clause the Customer shall have the right, by prior notice to the Company, to enter its premises for the purpose only of removal of any items of equipment or materials which are clearly marked as being the property of the Customer.
If the Customer shall become insolvent or bankrupt or have a receiving order or administration order made against it or compound with its creditors or being a corporation commence to be wound up not being a members’ voluntary winding up for the purpose of reconstruction or amalgamation, or carry on its business under an administrator or administrative receiver for the benefit of its creditors or any of them, the Company shall be at liberty to terminate the Contract forthwith by notice in writing to the Customer or to the administrative receiver or administrative person in whom the Contract may become vested. In the event of termination under this Sub-Clause the Company shall have the right, by prior notice to the Customer, to enter the Premises for the purpose only of removal of any items of equipment or materials which are clearly marked as being the property of the Company. The exercise of rights under this Clause shall be without prejudice to any rights or obligations of either party.
Any dispute or difference which may arise between the Customer and the Company in connection with arising out of the contract may, by agreement of both parties, be resolved by arbitration in which event, such dispute or difference shall be referred to a single arbitrator to be agreed between the Customer and the
Unless otherwise agreed in writing between the parties, the Contract shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the Courts of England.
5. Contractors Default
1 ) If the Company shall fail to provide the Service or any part thereof with due diligence and expedition, or shall refuse or fail to comply with any reasonable order given to it in writing by the Customer in connection with such default, or shall contravene any provisions of the Contract, the Customer may immediately give notice in writing to the Company to make good such failure or contravention.
2) Should the Company fail to comply with the notice referred to in Sub-Clause (1) either within seven days from receipt of such notice of failure or contravention capable of being made good within that time, or otherwise within such time as may be reasonably necessary for making it good, then without prejudice to any other right it may have under the Contract the Customer may, subject to prior notification to the Company, terminate the Contract forthwith.
6. Payment Terms
1. Any work completed will be invoiced and be due by the date stated on the invoice.
2. Invoices must be paid as per the terms stated on the invoice.
3. We reserve the right to suspend our services if payment of any fees is overdue by more than 7 days.
4. We reserve the right to charge an administration fee for chasing consistently overdue invoices.
5. We reserve the right to charge interest on late paid invoices at the rate of 8% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We intend to exercise these rights only where it is fair and reasonable to do so.
6. Payments of any outstanding invoices will ultimately be the responsibility of the business owners for all sole trades and partnerships. For limited companies and LLP’s this responsibility will fall on the directors who will ultimately be personally, jointly and severally liable.
Vulnerable Customer Policy
The purpose of this policy is to ensure that the operations of Fathom IT Ltd do not have any negative impact upon vulnerable customers.
For the purposes of this policy vulnerable customers are customers and prospective customers whose ability or circumstances require us to take extra precautions in the way that we sell and provide our services to ensure that they are not disadvantaged in any way.
Identifying a vulnerable customer
Our staff are trained to identify vulnerable customers so we can take extra steps to assist outside of our standard procedures. However, it is not always possible to recognise these characteristics. Therefore, if you believe you may fit the criteria for a vulnerable customer, please read this policy and notify us immediately of your particular needs.
We recognise that certain groups of customers may be vulnerable. Whilst not all customers in these groups may be vulnerable, we will consider a customer’s individual circumstances where a potential vulnerability is identified. These groups may include, but are not restricted to:
- Customers with communication difficulties (including learning difficulties and English not being their first language, dyslexia)
- A customer with a reduction in physical or mental capacity
- Customer with health issues – illness, whether physical or mental illness, severe or long term
- A sudden diagnosis of serious illness to the customer or close family member
- Personal circumstances of the customer – factors such as financial difficulties, bereavement, caring responsibilities or redundancy
- The customers age particularly older and younger people. For example, a younger person may be considered inexperienced and the older person may be less technologically able
Our key principles when engaging with a vulnerable customer
As soon we think we may be engaging with a vulnerable customer, whether this is through our identification or you are approaching us, we will:
- Immediately make a record of this and ensure we adhere to this policy
- Provide additional opportunities for you to ask questions about the information we have provided
- Continuously seek confirmation that you have understood the information that has been provided
- Ask if there is anybody with you who is able to assist. If not, and we believe this will be beneficial, we will make arrangements to continue with the subject matter at another time
- Offer you the opportunity to complete the transaction after a period of further consideration
If we can’t help a customer, we will try and make sure that they understand what alternative options are available to them