Terms and Conditions – Terms of Business
Techgecko Ltd of 12 Albert Road, Epsom, Surrey, KT17 4EH (Techgecko)
Unless otherwise agreed in writing by Techgecko, these Terms of Business are subject to the following terms and conditions. Where these Terms of Business are contrary to any stipulations of the Client’s Terms of Business the following are deemed to have been accepted by the Client and take precedence. Any changes or modifications to these Terms of Business must be in writing and signed by both parties.
The headings are for convenience only and shall not affect the interpretation within these Terms of Business.
The Client agrees to engage Techgecko for the purpose of the provision by Techgecko of computer maintenance, consultancy, repair and upgrade of computers, software and associated IT hardware at Techgecko’s current rates in force from time to time details of which will be provided on request.
Techgecko shall have no liability of any sort or kind for consequential loss, loss of data, or loss of profits howsoever caused. Liability for damage to computer systems, and for loss of or damage to data, software or documents stored on the Client’s computer shall be limited to the value of Techgecko’s invoice for the work done except in cases of death and personal injury to third parties caused by Techgecko when English law will apply in all settlements.
In the case of any defect Techgecko shall have no obligation nor any liability to restore hardware or software other than to factory settings and if they are altered by the Client the Client accepts full responsibility and liability.
- Warranty – labour
Techgecko gives a 30-day warranty for labour to the intent that Techgecko agrees subject as otherwise provided in these Terms of Business that all labour carried out by Techgecko will be free of defects for a period of 30 days calculated from the date the work is carried out provided that any defect shall have been reported in writing prior to that date by the Client. Defects of labour within that period (but not thereafter) will be repaired free of charge. No warranty claim shall be made and Techgecko shall have no liability of any sort or kind if the Client’s goods have been worked upon, altered or damaged in any way by the Client or by its employees or agents or any third-party, nor shall Techgecko have any liability if any goods or software have not been used strictly in accordance with the manufacturer’s instructions, nor if within the 30-day warranty period a fault develops which Techgecko deems at its total discretion not to be caused by Techgecko’ original work which started the warranty period.
- Warranty – hardware
Techgecko offers a 14-day return-to-base warranty on all hardware supplied by Techgecko subject to as is otherwise provided in these Terms of Business. If hardware supplied by Techgecko is defective within 14 days calculated from the date of delivery and provided that any defect shall be notified to Techgecko in writing within 14 days of delivery Techgecko will without charge either repair or replace it at Techgecko’s sole discretion.
Most products are also covered by a manufacturer’s 1-year warranty or longer. Please ask if you would like details about individual products’ manufacturer warranties. Clients who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. In order to resolve the Client’s problems as soon as possible, Techgecko will refer the Client to the product manufacturer who will deal directly with the return. In this case Techgecko will provide the Client with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
No warranty claim shall be made and Techgecko shall have no liability of any sort or kind if the Client’s goods have been altered or damaged in any way by the Client or its employees or agents, or by any third-party nor shall Techgecko have any liability if any have goods have not been used by the Client or by any third-party on its behalf strictly in accordance with the manufacturer’s instructions.
- Damaged goods
Without prejudice to any other provision in these Terms of Business if Goods are patently defective on delivery the Client must report the defective delivery in writing to Techgecko within 48 hours of delivery of the goods to the Client failing which Techgecko shall have no liability of any sort or kind.
Any warranty given by Techgecko shall only cover defects in manufacturing in any product solely if it has been used as recommended and intended by the manufacturer. The warranty does not cover loss or theft, damage caused by misuse or abuse, unauthorised modification or improper storage conditions by the client or by any agent or employee or any third-party on behalf of the Client nor shall Techgecko have any liability of any sort or kind in the case of fire, lightning, explosion, earthquake, landslip, subsidence, heave, riot, civil commotion, aircraft, aerial devices, storm, tempest, flood, strikes, labour or political disturbances and damage by malicious persons and vandals, nor for any other event beyond Techgecko’s control.
- Limits of liability
Should the product(s) fail to function properly for any reason, the Client shall have no claim except for repair or replacement at Techgecko’s sole option subject as provided in these Terms of Business.
Techgecko shall have no liability for any damages or consequential losses of any sort or kind including but not limited to a claim for loss of profits, lost savings, lost data, damage to other equipment, any incidental or consequential damages arising from the use, or inability to use the product.
On no account will Techgecko be liable for more than the amount of the purchase price of the product which shall be limited to the current price list of the product and any claim shall exclude all claims for taxes, shipping and handling charges which shall be paid for in full by the Client.
Techgecko shall at its sole discretion dispose of items left in its possession for a period of 6 months if no contact has been received from the Client. Techgecko shall make reasonable attempts to contact the Client before disposal. If an outstanding balance remains the parts may be sold to clear the balance. Techgecko will destroy any hard drives prior to disposal for data protection purposes.
- Returns procedure
Within 14 days of purchase of the goods: Please contact Techgecko.
After 14 days but within the manufacturer’s warranty period: Please contact the manufacturer directly, or contact Techgecko to enable Techgecko to provide the Client with the contact information for the relevant manufacturer. Techgecko disclaims any other warranties whether express or implied.
- Backing up your computers/devices and data
Whilst Techgecko will use all reasonable endeavours to ensure the continued integrity of data, it is the sole responsibility of the Client to ensure that all data and irreplaceable software are fully backed up before commencement of work carried out by Techgecko. Techgecko shall have no liability nor any responsibility for backing up any data. This includes software installation CDs or other digital media which Techgecko may require at any time during or after services are carried out.
- Reliance on third-parties
Techgecko accepts neither liability for the operation of any goods by third parties nor for the information third parties provide (such as broadband or email providers). Where any defect or issue is diagnosed as having been caused by or due to an event caused by a third-party and therefore out of the control of Techgecko, Techgecko will notify the Client of the diagnosis and offer to seek to liaise with that third-party on behalf of the Client in order to seek to resolve the issue. Alternatively, Techgecko reserves the right to cease working on the defect or issue. Any time spent by Techgecko up to the time when Techgecko shall cease working and any time spent by Techgecko in liaising with the third-party provider is chargeable whether the third-party accepts responsibility for the defect or issue or not, and whether the defect or issue is resolved or not. The Client shall be entitled to instruct Techgecko to cease liaising with the third-party at any time, when the Client shall pay Techgecko for the time Techgecko has spent liaising with the third-party.
- No Fix, No Fee Policy
In the unlikely event that Techgecko does not possess or cannot obtain the necessary knowledge to resolve a problem, Techgecko shall make no charge and Techgecko shall have no liability of any sort or kind if Techgecko is unable to resolve a problem. If a problem has been diagnosed and a solution is offered to the Client but the Client shall choose not to proceed then the Client will be charged for the time spent by Techgecko to that point. If Techgecko is unable to resolve a problem because the Client is unable or unwilling to provide to Techgecko with the appropriate software, software license or serial numbers, passwords, installation CDs or other pertinent information then the Client will be charged for the time spent by Techgecko up to that point. If Techgecko is unable to resolve a problem due to problems caused wholly or partly by any third-party Techgecko will be entitled to charge for time spent.
- Invoices and payment
All invoices must be paid in full upon receipt unless Techgecko has agreed otherwise in writing. The Client shall on no account be entitled to make any set off or counterclaim. In default of payment in full on time, Techgecko shall be entitled to halt all work and cease all services until the outstanding invoice has been paid in full.
Payment is accepted by Techgecko by cheque, valid credit/debit card, by cash or BACS. If payment is made by credit/debit card the Client shall be required to pay an additional charge at the rate of 2% of the invoiced sum.
The title of any goods which are purchased on account remain the sole property of Techgecko until the relevant invoice(s) are settled in full.
The risk of goods passes to the Client upon delivery.
Any dispute concerning an invoice must be received by Techgecko and made in writing, giving full details of the reason for the dispute within 14 days of the date of invoice. In default Techgecko shall have no liability of any sort or kind.
Invoices which remain outstanding 30 days after the invoice date will incur statutory interest on overdue amounts at a rate of 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment has been received in full, and in addition the costs of recovering the debt where they are incurred may be added by Techgecko to the outstanding value of the invoice.
- Confidentiality & non-disclosure
Techgecko agrees to take all reasonable steps to protect any data of a confidential nature while undertaking work for Clients. These include the secure protection and non-transmittal of any passwords, data, network or system information. Techgecko further agrees never to divulge Client information of any nature to third parties (except as required by Law – whether involved in the Client job or not) without first obtaining the express permission of the Client. Techgecko also agrees to securely destroy or otherwise remove any Client information from Techgecko’s systems once the work has been subsequently completed, unless the Client expressly requests Techgecko, and Techgecko agrees, to retain it.
If Techgecko shall be required to retain and back up data, Techgecko shall destroy that data within two months of that work being carried out.
Addendum 1 – Support packages
- All support packages have a minimum term of 12 months. If you wish to cancel before this period is up, you will be charged either the remainder of the contract or the equivalent cost of any on-site or remote services used, whichever is the smaller amount.
- Support packages paid by Direct Debit will auto-renew after month 12. You can opt-out of this by contacting Techgecko by telephone, email or in writing and we will confirm receipt of this communication by email.
By using our services, you agree that you have read and accept these Terms of Business in full.