Terms Of Service
Please take time to read the following terms and conditions carefully. They are important and form the basis of your contract with Home Helptech. Please print a copy and keep it for your records.
Contract
Your contract is with Home Helptech Limited trading as Home Helptech (“Home Helptech”, “we”, “our”, “us”). Home Helptech Limited is a company registered in Ireland with registered number 443214. Our registered office is at 6 Woodbrook, Lisgoold, Leamlara, Co Cork, Ireland and our postal address is Unit 49, East Gate Drive, Co Cork, Ireland. Our email address is
info@homehelptech.com . We can be contacted by phone on +353 (0)21-4642095 or, in Ireland, 1890-219219. Calls may be recorded for training and quality control purposes
The language of the contract is English. If the contract is translated into another language, the English language text shall prevail.
Your request for service is submitted to us by telephone, email, or via our website. Please note that our services are only available to residents of the Republic of Ireland or the United Kingdom. By making a request for service you represent to us that you are resident in the Republic of Ireland or the United Kingdom. If we become aware that you are not resident in the Republic of Ireland or the United Kingdom, we will cease to provide services to you and you will remain liable for our charges up to the point at which we cease to provide services. When we have accepted your request for service we will issue a confirmation email detailing the services to be provided. A contract will exist once we have issued the confirmation email. It is important that you check the confirmation email carefully and if you believe any of the details on it are incorrect you should contact us straightaway.
We keep electronic copies of our confirmation email for such periods as are required by Irish law. They are not, however, available for you to view on our website and you should ensure that you print copies for your records.
If any provision of the contract is declared void, illegal, or unenforceable, the remainder of the contract shall be valid and enforceable to the extent permitted by law.
The contract is governed by Irish law and you and we agree to submit to the non-exclusive jurisdiction of the Irish courts.
Our Services
We provide technology assistance by telephone and remote support to assist our customers in resolving technical problems with their Windows based personal computers. Our aim to resolve whatever technical problems our customers present us with and we will use our reasonable efforts to do so. We will only quote for a job if we believe we have the skills and expertise to resolve the problem. Some problems may, however, be beyond our ability to resolve remotely and we therefore cannot guarantee to fix all problems. If we are unable to resolve your problem we will tell you why and (if we are able to) suggest further action which may help in its resolution.
Our charges
All work is priced individually according to your stated requirements and what you tell us about the specific nature of your problem, your computer hardware, software and configuration.
Where a fixed price is quoted you agree to pay the price quoted upon issue of our confirmation email described in “Contract” above or at the times (if any) stated in that email. We will charge your credit or debit card for the quoted amount upon issue of our confirmation email or at the times (if any) stated in that email and you agree to accept such charge(s). All quotations are given on the basis that all answers given to our questions are true, complete, and not misleading. If this turns out not to be the case we reserve the right to revise our quotation on the basis of the real position and if you do not accept the revised quotation to cease to provide the agreed service to you. In these circumstances you will remain liable for our charges up to the point at which we cease to provide service to you, being the lesser of (a) the original quoted fixed price, and (b) a time charge calculated according to our standard hourly rates (which are available on request from our engineer or by email to info@homehelptech.com).
Where an estimate accompanied by hourly rates is given, you agree to pay our charges calculated according to the hourly rates given to you upon completion or abandonment of the agreed work. We will charge your credit or debit card for the estimated amount upon issue of our confirmation email or at the times (if any) stated in that email and you agree to accept such charge(s). We will charge any balance due by you on completion or abandonment of the agreed work at that time and you agree to accept this charge. All estimates are given in good faith on the basis of our knowledge and belief at the time they are given, including the answers you give to any questions we ask you. We do not guarantee, however, that the agreed work will be completed within the amount of the estimate, or at all. If we become aware during the course of our work that the amount of the estimate is going to be exceeded by 30% or more we will tell you and provide you with a revised estimate and you can decide whether we should continue work or abandon the project. If you decide that we should continue work we will charge your credit or debit card with the difference between the initial estimate and the revised estimate and you agree to accept this charge. This procedure applies each time we are required to revise an estimate. If you decide we should cease work, you will remain liable for our charges up to the point you instruct us to cease work. If upon completion or abandonment of the agreed work the amount due by you is less than the amount charged to your credit or debit card we will refund the difference to your card.
We assume that you are able to follow simple instructions to assist in problem resolution where our engineer asks you to assist. If you do not promptly cooperate with our engineer when reasonably asked to do so we may revise any quotation or estimate provided to you in light of the additional work that will be required and to suspend provision of service until you agree to this revised quotation or estimate and to any resulting additional charge to your credit or debit card. We will email or call you to tell you that we have suspended service to you. If we have suspended service to you under this paragraph and you have not agreed to the revised quotation or estimate along with any additional charge to your credit or debit card we may after 7 days email or call you terminating our contract with you with immediate effect. In this event we shall be under no obligation to do any further work for you but you shall remain liable for our charges up to the point at which we cease to provide service to you. In the case of a fixed price quote these charges are the lesser of (a) the original quoted fixed price, and (b) a time charge calculated according to our standard hourly rates (which are available on request from our engineer or by email to info@homehelptech.com). In the case of an estimate these charges are a time charge calculated according to the standard hourly rates provided to you, but not exceeding 130% of the amount of the most recent estimate agreed by you.
Prices and rates given in quotations and estimates or stated on our website are in euro and are subject to change without notice. Prices displayed at any moment in time supersede all other prices previously displayed or that appear in any advertisements, printed material, or other places. Except in the case of long term (ie six month and more) maintenance or other contracts, hourly rates will not change in respect of a particular service once we have accepted a request for service and received the required payment. Quotations in respect of a particular service will only change if, as stated above, it turns out that not all answers given to our questions are true, complete, and not misleading or if you do not promptly cooperate with our engineer when reasonably asked to do so. These price guarantees do not apply to invoice errors or omissions. Once a request for service has been accepted, offers and discounts cannot be applied retrospectively.
Unless otherwise stated, prices include any applicable VAT and other Irish taxes.
Payment
Payment is by credit or debit card only and is required at the time(s) stated in “Our charges” above. If any charge is declined by your credit or debit card company we may suspend the provision of the relevant service until the required payment is received in full. We will email or call you to tell you that we have suspended service to you. If we have suspended service to you for non-payment and have still to receive payment we may after 7 days email or call you terminating our contract with you with immediate effect. In this event we shall be under no obligation to do any further work for you.
Cancellation by You
You have the right to cancel your request for service by written notice to Customer Services, Home Helptech Limited, Helptech House, Lisgoold, Leamlara, Co Cork, Ireland or by email to customerservices@homehelptech.com or by telephone on +353 (0)21-4642095. In order to cancel, your notice or email must reach us before the expiry of a period of 7 working days, beginning the day after the day on which we send you the confirmation email confirming your request. If we begin work with your consent within this 7 working day period, your right to cancel ends when we begin work. We will refund any sums paid by you in full if you validly cancel your request for service under this paragraph. In this paragraph, "working days” means all days other than Saturdays, Sundays and public holidays.
Circumstances beyond our control
When we use the words “circumstances beyond our control” we mean unforeseeable and unusual circumstances beyond our control, the consequences of which could not be avoided even if all due care had been exercised by us. These include (but are not limited to) war, threat of war, terrorism, threat of terrorism, riot, civil strife, industrial dispute involving businesses other than ours, failure of telecommunication systems (including the internet), public transport failure, natural or nuclear disaster, fire, adverse weather conditions including floods.
Our responsibility
We accept responsibility for any personal injury or death which results from the negligent (as the word is understood in Irish law) acts or omissions of any director, employee, contractor, or agent working on our behalf in the provision of services or facilities to you and whilst acting within the scope of their employment or engagement.
We cannot be held responsible for any inability to provide all or part of any service, any loss of enjoyment or additional expenses due to any circumstances beyond our control (see above).
We shall not be liable in respect of any loss of profits, damage to goodwill or any type of special, indirect or consequential loss even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same. Subject to the above, and excluding liability for personal injury or death (where we do not limit our liability in financial terms), our liability in respect to all claims arising out of any contract incorporating these terms of service shall be limited to the greater of €1,000 and 3 times the amount of the quotation or estimate provided to you prior to our commencing work.
Any claims whether in respect of breach of contract or negligence shall be brought against us and not against any of our directors, employees, contractors, or agents.
Authorisation to access your computer
Where our work requires the provision of remote computer access, you are required to provide our engineer with authorisation to access your computer. Authorisation will be by means of an electronic invitation (eg email) made to our engineer and will be time limited. A separate authorisation will be required in respect of each separate support request. Provided your computer is functioning normally you will be able to watch what our engineer is doing on your own computer screen and will be able to disconnect from remote access at any time. If you disconnect, however, we may not be able to finish our work or it may take us longer than expected to do so. In these circumstances you will remain liable for our charges up to the point at which you disconnected the remote access, being the lesser of (a) the original quoted fixed price, and (b) a time charge calculated according to our standard hourly rates (which are available on request from our engineer or by email to info@homehelptech.com). If you wish us to continue to provide services otherwise than via remote access and we agree to do so we will agree a revised quotation or estimate with you and charge your credit or debit card for the difference (if any) between this revised quotation or estimate and the original quotation or estimate already charged to your card. You agree to accept this additional charge (if any).
If we access your computer remotely, our computer may record and keep records of our activities on your computer for diagnosis, training, or quality control purposes.
Use of software and services
We may need to download and/or run software on your computer to help resolve your problem. You agree that use of all our software as well as that supplied by third parties is subject to the license agreement(s) that appear or are referred to when you access or download the software. You may not access, download or use any software without agreeing to the terms of the license agreement(s). We may download and use software from third party web sites and accept any applicable licence agreements on your behalf. You may use our software only in connection with services we provide to you and for no other purpose. You agree that we may remove any software downloaded to your computer during the provision of services to you after we have completed or terminated the services.
You agree that your use of our services is only for personal and non-commercial purposes on your own computer and is not for resale or transfer to others. You may not sell or lend access to our services.
We respect the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. If in the course of providing our services we discover that you do not hold sufficient rights to use the software or hardware you have asked us to support we will suspend our services to enable you to obtain an appropriate licence. We will email or call you to tell you that we have suspended service to you. If we have suspended service to you under this paragraph and you do not obtain an appropriate licence we may after 14 days email or call you terminating our contract with you with immediate effect. In this event we shall be under no obligation to do any further work for you but you shall remain liable for our charges up to the point at which we cease to provide service to you. In the case of a fixed price quote these charges are the lesser of (a) the original quoted fixed price, and (b) a time charge calculated according to our standard hourly rates (which are available on request from our engineer or by email to info@homehelptech.com). In the case of an estimate these charges are a time charge calculated according to the standard hourly rates provided to you, but not exceeding 130% of the amount of the most recent estimate agreed by you.
Data Protection
The personal information requested at the time of your initial contact with us and subsequently is held on computer and required to allow our employees, agents, sub-contractors and suppliers to provide your requested service. You will be asked if you wish to receive future mailings from us. If you do not wish to receive these mailings, please advise at the time you are asked or alternatively write to Customer Services, Home Helptech Limited, Helptech House, Lisgoold, Leamlara, Co Cork, Ireland, or email customerservices@homehelptech.com. Although we use reasonable security measures to deliver our services, you acknowledge that no data transmission over the internet is 100% secure and we cannot guarantee that any personal information you submit to us will be free from interception or unauthorised alteration. Please click
here to view our privacy policy.
Complaints
We want you to be happy with our work. If you have any problems, we want to put them right as quickly as we can. If there is anything you are not happy with, please bring it to the attention of the engineer handling your work as soon as possible. Alternatively, if you prefer please contact Customer Services at Home Helptech on +353 (0)21-4642095 or by email at customerservices@homehelptech.com. If you fail to follow this procedure we will be deprived of the chance to investigate and rectify your complaint whilst we are working on your project and this will reduce, or possibly extinguish, any right you may have to compensation.
If we have not been able to find a satisfactory solution for you whilst we working on your project, you have 28 days from the conclusion of our work to contact us and explain your complaint. You can write to Customer Services at Home Helptech Limited, Unit 49, East Gate Drive, Little Island, Co Cork, Ireland, email customerservices@homehelptech.com or phone Customer Services on +353 (0)21-4642095. Unless there are exceptional circumstances we will normally ask that any telephone complaints are confirmed in writing or by email within 7 days. We will not normally consider complaints received or confirmed outside these time periods, except those relating to personal injury or death. The reason for this is that it is difficult, if not impossible, to investigate complaints unless we are told about them during or shortly after the conclusion of our work.
August 2009 Edition
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