TERMS AND CONDITIONS

These Terms and Conditions shall apply to your use of FIX – IT Services. We may change these Terms and Conditions from time to time and so you should check these regularly.  Your use of the Fix-IT Services and the FIX IT website will be deemed an acceptance of the Terms and Conditions existing at that time.

Services

The Services covered by these terms and conditions are as follows:

Fix-IT performs upgrades and repairs of computers, including laptops, personal computers (pc’s) and servers.  Before bringing your computer to us, please ensure you comply with the conditions outlined in the section ‘your computer and us’ below.

Fix-IT also provides expert consultancy in the areas of designing, developing, testing and implementing computer systems. The actual work the consultant carries out can vary from project to project but can include feasibility studies, systems analysis, support, administration and design, database design, coding, testing, technical writing, performance tuning, end-user training and project management.

Fix-IT host website and emails though its network of partners (Google and Strencom) - The actual work of hosting website may on occasion involve website developement and involves special terms and conditions described below.

Payment Terms

1. You agree to pay us normal hourly rates, relevant fees, plus VAT for all Services performed.  Our current schedule of fees and hourly rates is available from our website www.fix-it.ie.
2. Where more than one engineer or technician is involved, we may issue separate invoices. You agree to pay all invoices issued.
3. For all services, payment is due on presentation of invoice. We issue all invoices weekly.  We reserve the right to require payment in advance of the provision of services. Where invoices remain unpaid when due, Fix IT reserve the right to:
   1. To suspend or refuse to perform services until past sums are paid.
   2. To charge interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is the lower, on any unpaid balance owing by the Customer from the due date until the date of payment.
   3. For computer repairs or upgrades, payment is required by cash or card at the time the equipment is returned. We do not normally accept personal cheques.
   4. In exceptional circumstances, we may purchase IT equipment on your behalf. If we do this, we will require you to pay 100% of the cost of purchase of the equipment in advance. In the unlikely event of equipment being purchased on your behalf without advance payment, title of the goods will remain with Fix-IT until the total amount of the invoice is paid in full.

Our Liability to you

Fix IT shall have no liability to you if you are entitled to claim against a manufacturer or other supplier of hardware or software in respect of alleged faults or defects in such hardware or software and your sole entitlement shall be against the manufacturer or supplier of such hardware or software.

In no event shall Fix IT be liable for any  incidental, indirect, special or consequential damages whatsoever, including, but not limited to, damages for business or professional interruption, loss of business or professional information, loss of software use, goodwill, revenue or profit, even if Fix IT has been advised, knew or should have known of the possibility of such damages, or for damages caused by your failure to perform your obligations under these terms and conditions including but not limited to your obligation to ensure appropriate back up is carried out.

Fix IT does not exclude liability for death or personal injury occasioned directly to your computer the subject of services under this agreement.  In any event, the liability of Fix IT (other than for death or personal injury, directly caused) for any damages permitted under this agreement, from any cause whatsoever, and regardless of the form of action, whether in contract or in tort and including negligence, shall not exceed twice the amount of the fee charged by Fix IT for the specific services under these Terms and Conditions that caused the damages or that are the subject matter of or are directly related to the cause of the action.

Warranties

Fix IT warrants that it has the necessary skill and expertise to carry out the Services under this agreement.  Fix IT does not warrant that the operation of any computer or system the subject of services under these terms and conditions will be uninterrupted or error free or that performance of these items will meet with your requirements.

Where we repairs PCs, we will warrant replacement parts we supply against failure for 90 days following their installation. If problems related to the repair parts recur during this warranty period, the part(s) will be repaired or replaced at our expense. This warranty only applies if the goods have been paid for in full and if you:

1. Have followed product instructions, read manuals and checked manufacturers website prior to contacting us; and
2. Contact us and notify us by email or in writing and request a Returned Materials Authorisation number from us; and
3. Return the goods in original packaging and with all relevant parts, equipment, documents and accessories to us for processing.

In any event, no warranty will apply if you fail to comply with any of the above conditions or if you;

1. Physically tamper with or damage the goods in any way, whether deliberate or accidental;
2. Do not purchase the goods from Fix IT; or
3. Return the goods to us outside the warranty period; or
4. Tamper with or tear the warranty label, whether deliberately or accidentally.

General

All terms implied either by common law or by statute, including but not limited to terms implied under the Sale of Goods and Supply of Services legislation, are excluded.

You will indemnify us against any third party claims or actions arising in respect of anything which we do in a bona fide manner on your behalf.

If any provisions of these Terms and Conditions are held to be void, invalid, illegal or unenforceable, this shall not affect the validity, legality or enforceability of the other provisions.

These Terms and Conditions will be governed by the laws of Ireland.

Your computer and us

When you bring in your computer to us, please

1. Do not bring any monitors, cables, mouse or keyboard as we cannot be held responsible for their safekeeping.
2. Bring in any drivers for internal cards such as motherboard, graphics, soundcards as we do not store driver disks and your technician will charge you for any time he has to spend tracking these down.
3. Provide us with the operating system number and/or CD.
4. Ensure that that you back up any important information as we can take no responsibility for the contents of your computer’s hard disk. Regular hard disk backups are a responsible part of computer ownership. If you ask us to reinstall, or if in servicing your computer we need to re-install your computer’s operating system, then information will be lost from your hard drive.  In bringing your computer to us, we assume that you have backed up your computer’s hard disk.
5. We will normally provide you with an estimate of the cost of repairs.  However unless we specifically agree fixed prices with you in writing, all figures quoted are estimates only.
6. We will normally give you a timeframe for repairs, which will usually be in the region of 3 to 5 days. We may charge you additional fees in addition to our normal hourly rates for urgent repairs.
7. Ethernet Address – your Ethernet address may have changed if your main logic board or auxiliary adapter has been replaced.
8. Date and Time – if your main logic board or system battery has been replaced, or your system has been turned off for several days, your computer’s date and time may have changed. Please make sure you check your computer’s date and time once you set it up again at its ‘home’ location.
9. Uncollected items will be disposed of after 30 days
   

Your Privacy Matters To Us

Fix-IT is committed to respecting and protecting your privacy. Visitors may access the Fix-IT Web site while remaining anonymous and without revealing any personal information. Occasionally, and in order to provide you with relevant, desired information concerning products or services, Fix-IT may request personal information from you. As a Fix-IT Web site user or registrant, you are always entitled to update your personal information if necessary or ask us any questions about this policy by contacting us at: Fix-IT. Attention: Privacy Request 21c Airport East Business Park, Farmers Cross, Kinsale Road, Cork, Co. Cork – Ireland. Because we are committed to protecting your privacy, Fix-IT will not sell, rent or otherwise disclose this information to any third party, except as described in this policy. We maintain your personal information as private to the best of our ability. However, personal information may be disclosed under the limited circumstances described below, and by submitting your personal information, you agree that we may do so.

What Information Do We Collect And Use?

Fix-IT gathers personal information to better meet your individual needs, to respond to specific requests for information, and to make you aware of new products or offerings in which you might be interested. We reserve the right to call or send registrants email communications from time to time regarding product and company updates, technical or administrative issues, legal notices, or other important information about our site and our products and services that we consider essential. Fix-IT does not intentionally send unsolicited emails to non-public addresses or to anyone who has requested that we do not contact them. You may tell us at any time that you do not wish to receive these messages by sending us an email, by clearly following the "unsubscribe" instructions at the bottom of any email you receive from us, or finally by contacting our privacy department at the address above to unsubscribe to mailing lists.

What Information Is Shared?

Fix-IT is the sole owner of the information collected on this site. Fix-IT does share non-personal, non-individual information in aggregate form with third parties for business purposes, such as consultants and advisors to the company. Fix-IT will not disclose your personal information to any third parties without your consent except in the following, very limited circumstances:

Partners And Agents

We share information with trusted agents who provide specific services to us and/or administer information offered at our site, for example, service providers who help us manage, track and respond to customer inquiries, information requests, etc. We may also share information with our authorized resellers and integration partners, who may be better suited to respond directly to meet your specific Fix-IT product and services needs. These parties do not use or otherwise disclose any information except as our authorized agents for the purpose of providing the products and services or administering the activities on our behalf. Any company that we share your personally identifiable information with will have executed a confidentiality agreement with us, requiring that they keep all data received from us confidential.

Legal Requirements And Investigations

We will disclose your personal information to a third party if we are required to do so by law or if we, in good faith, believe that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend our rights and property or prevent fraud; (3) protect against abuse, misuse or unauthorized use of Fix-IT's products or services; or (4) protect the personal safety or property of our personnel, users or the public (among other things, this means that if you provide false or deceptive registration information or attempt to pose as someone else, information about you - including your computer's IP address - may be disclosed to a third party (including the recipient of an email) as part of any type of investigation into your actions.).

Ip Addresses

An IP address is a number that is assigned to your computer when you are using your browser on the Internet. The servers that serve our Web site automatically identify your computer by its IP address. We do log IP addresses, but we do not link the IP addresses to individual accounts or to personally identify our customers for any reason, except in instances of abuse, misuse or unauthorized use of our service. If we, in good faith, determine that you have provided a false email address, used our service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person on our service, your actions will be investigated and your IP address may be disclosed to the recipient of any email, their legal counsel or representatives, and law enforcement officials as part of such an investigation.

Cookies

A "cookie" is a piece of data stored on a user's hard drive containing information about the user. When you visit our site, Fix-IT may place a "cookie" on your computer's hard drive in order to improve your experience by recognizing you when you visit our site and in order to allow us to optimize the information presented to you based on your demonstrated areas of interest. Cookies may also be used to compile aggregate information about areas of our site that are visited most frequently. This aggregate traffic information can be used to enhance the content of our site and make your experience more enjoyable. If you've set your browser to reject cookies, you can still use our site, but you may need to re-enter information that would normally be obtained from the cookie (for example, your email address). You can also set your browser to warn you before accepting cookies. If you do, you will receive a warning message each time our site attempts to place a cookie on your hard drive.

Links

Our Web site contains links to other Web sites. Please be aware that we are not responsible for the privacy practices of such other Web sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site they visit that collects personal information. While we carefully choose the Web sites to which we link, this privacy policy applies solely to information collected on the www.fix-IT.ie site.

Sale Of Assets

Fix-IT may transfer its database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock of Fix-IT whether by merger, acquisition, reorganization or otherwise.

Security

Fix-IT employs industry-standard security procedures and processes to safeguard the confidentiality of our users' personal information. We, or our agents and partners on our behalf, do everything in our reasonable control to protect your information. Finally, the servers for our site are stored in a physically secured facility off site. Beyond the physical security of your information, we also back up our servers regularly to prevent loss of data. While it is our goal to safeguard our users' and members' personal information, we cannot ensure or warrant the security of any transmission and your information is submitted at your own risk. If you have questions about our security practices please feel free to send an email.

Notification Of Changes

Fix-IT may revise this privacy policy from time to time and reserves the right to do so. If we decide to change our privacy policy, we will notify users by posting a prominent announcement on our website so users are aware of the changes we make. As our policies are subject to change at any time and without notice, we encourage you to check back to this site whenever you might have questions or concerns. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we would notify users by way of an email. You will still have the opportunity to elect not to have Fix-IT use your information in this different manner. We will not use your information other than in accordance with the privacy policy under which it was collected absent permission to do otherwise. Last update May 2010