T E R M S   A N D   C O N D I T I O N S

1. DEFINITIONS

1.1. In these Terms, unless the context otherwise requires; ‘ACCESS NUMBER’ means the telephone number provided by The Home IT Helpdesk to the Service User;
‘INTELLECTUAL PROPERTY RIGHTS’ means patents, trade marks, service marks, registered designs, applications for any of the foregoing, copyright (including, without limitation, rights in
computer software), rights in databases, design right, trade and business names and any other similar protected rights in any country;‘ INCIDENT’ means any request by the Service User
for Services; ‘SERVICE USER’ means the Service User; ‘THE HOME IT HELPDESK’ means The Home IT Helpdesk Limited of 64 Dolphin House, Smugglers Way, London SW18 1DF; 'SUPPORT'
means to help or assist the user of the Technology in a practical way.; ‘INITIAL FEE’ means the initial once off fee paid by the Service User for the Initial Service; ‘SERVICES’ means the
Services as described in clause 2.5; ‘TECHNOLOGY’ means the software identified on the Service certificate; ‘SERVICE DATE’ means the date the Initial Service was paid for; ‘SERVICE USER’
means the customer registered in The Home IT Helpdesk’s database; ‘INITIAL SERVICE’ means the original or first Incident for which the Home IT Helpdesk was required to provide help for;
‘SUPPORT PERIOD’ means 1 Year; 'LICENCE NUMBER' means the unique number identified on the Service certificate.

2. THE SERVICES

2.1. The Home IT Helpdesk shall provide the Initial Service upon receipt of the Initial Fee.
2.2. After the Initial Service the Home IT Helpdesk shall provide the Services for the Support Period free of charge.
2.3. The Home IT Helpdesk reserves the right to make such amendments to the Services as it deems necessary at any time on giving notice to the Service User provided that no
amendments will be made that will materially decrease the level of Support given.
2.4. The Home IT Helpdesk will provide access to its help desk in accordance with the Service Hours and Service Days as identified on the Service certificate.
2.5. The following Services will be given:
2.5.1. Assist: This entails helping users with performing specific functions with the Technology.
2.5.2. Install: This entails walking a user through the installation of the Technology and giving advice on various installation options.
2.5.3. Configure: This entails offering advice and guidance with regards to standard configuration options with the Technology.
2.5.4. Troubleshoot: This entails performing various functions to determine a cause of a particular problem with the user using the Technology.
2.6. Where a Support Incident is logged with the help desk, The Home IT Helpdesk will use all reasonable endeavours to attend to the incident immediately. However, should this not be
possible due to high call volumes The Home IT Helpdesk reserves the right to allocate a priority level (such level to be determined by The Home IT Helpdesk) to the support incident, and
respond according to the following priority response times:
2.6.1. Priority 1: 30 Minutes Response Time
2.6.2. Priority 2: 2 Hours Response Time
2.6.3. Priority 3: 8 Hours Response Time
2.7. The Home IT Helpdesk agrees to provide Support for the Technology. However, although it will seek to identify the cause of faults or errors in such Technology and will provide guidance
as to what it considered the appropriate remedy to be it is not responsible for remedying these faults or errors. The Service User is responsible for ensuring that the Technology used is
appropriate for their requirements, fully compatible with each other, regularly updated and operated in accordance with the Technology Provider’s operating instructions. The Service User
will need to revert back to their Technology suppliers to remedy any faults or errors that may occur in the Technology.
2.8. The Home IT Helpdesk agrees to provide continuous Support for a maximum of 15 minutes per Incident. Where any single Incident cannot be resolved within this continuous period of
15 minutes, the Service User agrees that The Home IT Helpdesk reserves the right to suspend the provision of Support (for a maximum of 2 hours) to further investigate the Incident and
then resume Support of the Incident for a further continuous period not to exceed 15 minutes.
2.9. Ownership of the Technology shall remain with the Service User, and the Service User shall maintain insurance to its full replacement value in respect of loss of or damage to the
Technology at any time whilst it is in the possession or control of The Home IT Helpdesk.
2.10. The parties acknowledge that the Services only relate to the provision of a helpline, assistance with fault finding and similar Support and do not include any obligations to resolve
errors that may be found in software or hardware. For the avoidance of doubt, The Home IT Helpdesk shall not be responsible for providing advice on the compatibility of software or
hardware or for the repair, replacement, updating or upgrading of any Technology or any hardware, or other software or computer equipment. The Service User confirms that it shall be
solely responsible for this and that it shall repair or replace any such items as soon as reasonably practicable.
The Home IT Helpdesk shall not be required to provide the Services during any period in which such Technology, other equipment, or such items that are necessary for the provision of the
Services are not functioning correctly or are unavailable.
2.11. The Services shall be provided solely for the benefit of the Service User.
2.12. Only the Service User as registered in The Home IT Helpdesks’ database shall be covered by the Contract.
2.13. The Service User acknowledges that the License Number is supplied for the Service User’s exclusive use, and shall be confidential to the Service User and shall not be passed on to or
used by any other party not registered in The Home IT Helpdesk’ database (a "Third Party") to obtain Services from The Home IT Helpdesk.
2.14. The Service User undertakes that it will at all times take reasonable care to ensure that the License Number is not utilised by a Third Party to obtain Support from The Home IT
Helpdesk.
2.15. Should the License Number be used by a Third Party, the Service User acknowledges that they will be liable to pay the amounts set out in clause 2.18 to The Home IT Helpdesk.
2.16. The Home IT Helpdesk shall have the right to change the Access Number or access procedure on giving notice to the Service User at any time.
2.17. The Service User will Support The Home IT Helpdesk’ decisions regarding the Services.
2.18. The Service User agrees that The Home IT Helpdesk is to provide the Services to the Service User. Where there is unauthorised use of the Services (including but not limited to the
Services being provided to Third Parties, or where the License Number is being used by a Third Party or where the number of licensed versions of the
Technology being supported is greater than 5% of the number of licensed versions paid for and identified on the Support Certificate), then without prejudice to any other rights that The
Home IT Helpdesk may have under the Contract or otherwise:
2.18.1. the Service User shall to The Home IT Helpdesk pay the Charges applicable to such unauthorised use as if it were authorised use from the Service Date; and
2.18.2. The Home IT Helpdesk shall have the right to terminate the Services immediately, without any recourse whatsoever by the Service User.
2.19. The Service User agrees to provide:
2.19.1. The Home IT Helpdesk with all assistance, material and accurate information;
2.19.2. such access to and entitlement to access the Service User’s Technology; and
2.19.3. such licenses for the Technology; as reasonably required by The Home IT Helpdesk for the purposes of providing the Services.
2.20. The Service User shall pay the charges (in pounds sterling), including value added tax, in advance of the Services commencing.
2.21. The Home IT Helpdesk reserves the right to suspend the Services where the charges are not paid in advance of Services.
2.22. Notwithstanding any provisions to the contrary in the Contract, nothing in the Contract shall be construed as limiting or excluding The Home IT Helpdesk' liability for fraud or for death
or personal injury resulting from its negligence.
2.23. The Service User acknowledges that The Home IT Helpdesk will be relying upon information supplied by the Service User to The Home IT Helpdesk in relation to the provision of
Services and that such information may be incomplete or inaccurate. The Home IT Helpdesk shall not be liable to achieve the required service levels to the extent that such failure results
from:
2.23.1. incomplete or inaccurate information supplied by the Service User to The Home IT Helpdesk;
2.23.2. a breach by the Service User of any of its obligations under the Contract;
2.23.3. failure attributable to the use of telecommunications, satellite or other form of voice or data connectivity between the Service User and The Home IT Helpdesk; and
2.23.4. an event of Force Majeure within clause 2.29.
2.24. Except for fraud or for death or personal injury caused by its negligence, The Home IT Helpdesk' entire liability in contract, tort (including negligence) or otherwise (including any
liability for the acts and omissions of its employees, agents or sub-contractors) to the Service User in respect of all breaches of the Contract and all negligent acts or omissions arising in
connection with the Contract in aggregate in any shall not exceed £1,000.
2.25. For the avoidance of doubt, The Home IT Helpdesk (including its employees, agents and sub-contractors) shall not be liable to the Service User for:
2.25.1. any loss of business, profits or contracts, damage to goodwill, loss of data, increased production costs or any other costs; or
2.25.2. any indirect or consequential loss (including loss or damage suffered as a result of an action brought by a third party) even if such loss was reasonably foreseeable or The Home IT
Helpdesk had been advised of the possibility of such loss being incurred.
2.26. The Service User’s internal network remain their respective responsibilities and accordingly The Home IT Helpdesk will not be liable for any interruptions to the Services which occur as
a result of any fault in such internal network which is not attributable to any negligent act or omission of The Home IT Helpdesk.
2.27. The Service User acknowledges that it is in a better position to foresee and evaluate any potential damage or loss that it may suffer in connection with the Services and that the
Charges have been calculated on the basis that The Home IT Helpdesk shall exclude its liability as set out in the Terms.
2.28. The Home IT Helpdesk shall not be liable for any breach of its obligations under the Contract resulting from causes beyond its reasonable control, including but not limited to fires,
strikes (of its own or other employees), trade dispute, insurrection, terrorism or riots, requirements or regulations of any civil or military authority, acts of God, breakdown of any third party
connection or equipment, any act or omission of the Service User, and any malicious software attacks including viruses, worms and computer hacking.
2.29. In the event of such circumstances arising, The Home IT Helpdesk shall be entitled to cancel or suspend the Contract and/or the provision of the Services without incurring any liability
of any nature, but without prejudice to rights accrued to The Home IT Helpdesk in respect of Services already provided.
2.30. The failure by either party to exercise any of its rights under the Contract shall not amount to a waiver of any such right, nor operate so as to prevent any future enforcement.
2.31. The parties confirm their intent not to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999
shall not apply to these Terms and Conditions.
2.32. Use of the helpline constitutes acceptance of these Terms and Conditions and no refund shall be given.
2.33. The Terms shall not be amended or varied in any way without the prior written agreement of both parties.
2.34. All registered trademarks and trade names which appear in these Terms and Conditions or in any other The Home IT Helpdesk documentation or on the The Home IT Helpdesk website
are acknowledged as those of their respective proprietors.
2.35. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the other provisions of these Terms and Conditions or remainder of
the affected provision, which shall remain in full force and effect.
2.36. Any reference in these Terms and Conditions to singular includes plural and any references to plural includes singular.
2.37. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.