Terms & Conditions

Terms & Conditions for repairs, service & in-store purchases.

These Terms of Service is an agreement between JS Computing Services LTD of 24 New Road, Sheringham, Norfolk NR26 8EB, United Kingdom with  Company Registration Number: 9525404 (“JS Computing Services”, “we”, “us”, “our”) and you our client (“you”, “your”) that uses our services.

At JS Computing Services we consistently deliver what we promise and leave our customers happy with our service. Our terms of service set out some important things you should be aware of when you purchase goods and services from us.

These conditions, together with any quote, shall form the agreement between JS Computing Services and you for provision of the applicable services, software or hardware stated in your quote.

These conditions shall prevail, unless stated specifically otherwise, over any inconsistent terms or conditions contained in your purchase order, quotation, confirmation of order, specification, invoice, or implied by law, trade custom, practice or course of dealing.

These terms and conditions are valid from 18 May 2021 and supersedes any prior terms and conditions.

Quotes and repairs

Most repairs take 1-3 business days to diagnose and/or quote although, please be aware that some may take longer to complete either due to the current workload or due to the job itself. Please also note that any other time frames given are estimates and are not guaranteed. By booking in/ leaving your computer/device with us for the repair you are agreeing to these terms.

Contract Price

We reserve the right to adjust prices where necessary before a Contract is accepted notwithstanding the prices stated in any price list or quotation. The price charged in respect of the Product or Services supplied shall be the price that is current at the date of delivery. We shall not normally perform Services until you have confirmed your agreement to the estimated price.

We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Product or Services to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labour, materials, or other costs of manufacture or supply); any change in the quantities of the Product or Services requested by you; any change in the delivery dates of the Product or Services requested by you; or any delay or cost caused by any of your instructions or failure by you to give us adequate information or instructions.

Unless otherwise agreed in writing, the price for the Product or Services shall be exclusive of any taxes (including sales tax) or levies and you will pay all costs and charges in relation to packaging (other than standard packaging), loading, unloading, carriage, freight and insurance, together with export and/or import charges or duties, where appropriate.

Payment Terms

Unless agreed otherwise by us in writing or expressly stated in the quotation provided to you, payment for the Product or Services and other charges is due 7 days after the date of our invoice for this Contract. You shall pay the amount stated in our invoice in the currency required by the invoice in immediately available funds, without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise. Payment must be made to us at the address or account stated on the invoice. Time of payment is of the essence.

We reserve the right to revise payment terms at any time and to request guarantees, security, stage payments or cash in advance for the Product or Services . We may, at our discretion, refuse or limit deferred payment terms to you.

1. a)We may agree to accept payment for the Product or Services by credit card provided that you shall in addition to the price of the Product or Services pay any charge levied by the credit card company in respect of such transaction.
2. b)Notwithstanding any other provision, all payments payable to us under the Contract shall become due immediately upon termination of the Contract for whatever reason.
3. c)If any sum owed by you under the Contract, or any other contract or order, is not paid to us on or before the due date for payment, then all sums that you owe to us or any of our affiliates shall become due and payable immediately and, without prejudice to any other right or remedy available to us, we and any of our affiliates shall be entitled to: (a) cancel or suspend performance of the Contract or any other contract or order placed with us or any affiliate including suspending deliveries of the Product or Services , Services and/or any other goods until arrangements as to payment or credit have been established which are satisfactory to us; and/or (b) require you to pay for the Product or Services prior to shipment from our place of business; and/or (c) charge you interest calculated on a daily basis on all overdue amounts (both before and after judgment) until actual payment at the rate of eight per cent (8%) per annum above the Bank of England Offered Rate prevailing from time to time (or such other rate which is legally permissible) until payment is made in full and/or (D) fixed late payment fees which are legally permissible.

Work carried out by Us

JS Computing Services accepts no liability in respect of any problem(s) we are unable to remedy due to any factors beyond our control. These include (but are not limited to) the specification, age, or condition of your hardware or software, failure to provide appropriate software licenses, discs, drivers, lack of vendor support (for example where you have not kept up the relevant support subscriptions), lack of access to third party services, or any issues with your telecommunications and internet connection, or failure to comply with any JS Computing Services minimum requirements notified to you from time to time.

Work carried out by 3rd Parties

JS Computing Services  accepts no liability in respect of any problem(s) caused by non-JS Computing Services  approved technicians working on your systems. Before any other parties are given access to your IT systems we request that you inform us, so that we can provide relevant guidance and information to them, or can monitor, coordinate and restrict their access. This is to avoid actions that may damage your system or cause disruption. Any work required to fix and damage or errors caused by any third party which you engage shall be chargeable at our prevailing rates.

Hardware, Software and Support purchased through Us

Third party hardware, software and support services can be purchased through JS Computing Services in our capacity as a reseller of such Product or Services. Any such purchase shall also be subject to the applicable purchase, licence and / or support terms as the applicable third party may provide.

Except as provided below in respect of the limited warranty, and any applicable support services you may purchase from JS Computing Services directly, JS Computing Services  accepts no liability for the performance or operation of the hardware, software and / or services purchased through JS Computing Services from a third party. JS Computing Services may, at its option, either repair, or replace any hardware or software which fails to perform, or re-perform the applicable services, or JS Computing Services may offer a refund if it is able to claim such refund from the applicable third-party supplier. Such repair or replacement (or refund if it is available to JS Computing Services) constitutes your sole and exclusive remedy for any failure of third-party services, hardware or software.

JS Computing Services recommends that you obtain appropriate software and hardware support from each applicable third-party hardware or software provider. Hardware, which is sold to you by JS Computing Services, is sold with no warranty from JS Computing Services unless stated otherwise. Subject to the next paragraph, labour charges may be incurred if the hours required exceed any agreed allocation of hours (if any). During that period, and beyond any hardware is covered by the manufacturer warranty only and the manufacturer. Beyond that period, the manufacturer should be contacted to resolve any fault.

We will endeavour to resolve minor issues with services and software provided by JS Computing Services, that may arise within 7 days of your receipt More serious faults, Hardware faults, or faults that develop outside of the 7 days are not the responsibility of JS Computing Services. It is important that you fully test the software & result of any service provided during the 7 days to ensure it is working as intended and raise any issues promptly. However, JS Computing Services will always endeavour to assist with any problems that arise from the goods and services that we provide to you.

Services provided

JS Computing Services warrants that the services provided by JS Computing Services will be performed with reasonable skill and care, and that the services provided, or software and hardware created directly by JS Computing Services will be provided substantially in accordance with any written specification agreed by the parties. The foregoing warranties shall not apply to the extent of any non-conformance that is caused by use of the services, or any software or hardware, contrary to JS Computing Services’ instructions or any recommendations set out in writing to you or set out in any minimum requirements which JS Computing Services may notify you of.

If the relevant services, software or hardware do not conform with the above warranties, JS Computing Services will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution (or refund if it is available to JS Computing Services) constitutes your sole and exclusive remedy for any breach of the warranty.

Notwithstanding the foregoing, JS Computing Services : (a) does not warrant that your use of the services, software or hardware will be uninterrupted or error-free; (b) is not responsible for errors or failure of your software and hardware or third party services which JS Computing Services has advised is inadequate and / or is likely to cause errors in or failure of the services, software or hardware provided by JS Computing Services, or which does not meet the any minimum requirements which JS Computing Services may notify you of; and, (c) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Back Up

Please be advised that while nothing will be done by our staff to purposely cause loss of data, mechanical and software failures can happen without warning and un-predictable problems can arise. If you have important data on your device please back up your device independently or inquire about our back up services if you need help doing this before any work is undertaken.

JS Computing Services LTD is not responsible for any loss of data, of any kind, for any service or product. Any data that is backed up is kept for up to 90 days after the device is collected. We must be properly informed of the need for data from that backup otherwise it will be deleted.

Customer Data and Privacy

The Customer shall own all right, title and interest in all data which you provide to JS Computing Services , or which JS Computing Services  accesses on your systems (“Customer Data”), and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

JS Computing Services  recognises your right to privacy. JS Computing Services  shall, in providing the services, hardware or software, comply with its Privacy Policy relating to the privacy and security of your data.

JS Computing Services undertakes to you that: (a) it shall process your personal data only in accordance with your written instructions and to the extent, and in such a manner, as is reasonably necessary to supply the services in accordance with these conditions or as is required by any applicable law;(b) in respect of your personal data, which is in the possession or under the control of JS Computing Services , it shall implement technical and organisational measures to protect this personal data against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure [as set out in the JS Computing Services Privacy Policy (as such document may be amended by JS Computing Services in its sole discretion from time to time);(c) it shall not (and shall ensure that its personnel do not) publish, disclose or divulge any of your personal data to any third party, nor allow any third party to process Client’s personal data on JS Computing Services ’ behalf without your prior written consent;

Hardware Left with JS Computing Services

Hardware left in the control of JS Computing Services representatives is insured against fire, theft and damage. We are not liable for any further faults (including unreported faults) that arise during the period that the hardware is in our control. Due to the nature of the work, there is always some risk when working on upgrading/repairing PC hardware (testing and upgrading can stress components). We work following best practices to avoid placing any unnecessary risk to your hardware. By leaving the hardware with us you are confirming that you are happy to accept this liability. Once work is completed we request that you arrange collection at the earliest possible opportunity. Failure to collect your hardware or to respond to communications may result in your hardware becoming forfeit and being disposed of. We will always wait at least 28 days before taking this course of action.

Returns and Complaints Policy

In the event of any dissatisfaction with the service provided by JS Computing Services  please contact us immediately to discuss the issues encountered. Within the scope of the originally agreed work JS Computing Services  will always endeavour to come to a mutually satisfactory outcome in the event of any dissatisfaction with any service or goods provided; customer service is our number one consideration.

For issues unrelated to our work completed, or outside the scope of the agreed work, JS Computing Services  are not responsible. Any additional work outside the original scope of agreed work will be chargeable at our prevailing rates.

Intellectual Property

You warrant that you have the authority (including valid licences, consents, permissions and rights to use) to grant any rights to JS Computing Services  under these conditions, including the right to provide access to and / or use of any your software, hardware, and materials by JS Computing Services  to be used for the provision of the services,

Nothing in these conditions affects either party’s rights in pre-existing Intellectual Property Rights (including pre-existing Intellectual Property Rights of either party contained in or relating to Confidential Information) (Pre-Existing IPR).

You shall own and retain all rights, title and interest in and to the Customer Data. JS Computing Services  shall have no rights to access, use or modify that Customer Data except as necessary to perform the services, or as agreed in advance in writing with you.

Warranty

We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. Services shall be performed with reasonable skill and care.

You shall submit to us reasonable written details (on our prescribed form if required) establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product or Service to comply with the foregoing shall be limited to replacing or repairing that Product and/or to re-performing the Services found to be defective within one (1) month of delivery, for refurbished products this is extended to within six (6) months of delivery. Such Product will be repaired or replaced, at our option, or Services re-performed, without charge, and re-warranted for the remainder of the original warranty period.

Our Liability

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Agreement or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

We provide Services for small business, domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind . By entering into this Agreement, You agree that You will not use the Services for such purposes.

We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

Nothing in this Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations under this Agreement where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Section occurs that is likely to adversely affect Our performance of any of Our obligations under this Agreement: (i) We will inform You as soon as is reasonably possible; (ii) Our obligations under this Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;(iii) If the event outside of Our control continues for more than 15 Days We will cancel this Agreement and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible;

If an event outside of Our control occurs and You wish to cancel this Agreement, You may do so in accordance with Your right to Cancel.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Law and Jurisdiction

These terms and conditions and the relationship between you and Simply Crates shall be governed by and construed in accordance with the Law of England and Wales and Simply Crates and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.