Terms and Conditions

DCULTD’S TERMS AND CONDITIONS 2018 

Contents:

Definitions

Confidentiality Policy

Quotations, Price, Orders & Agreement

Delivery / Installation

Acceptance

Payment Terms & Interest Charges

Set off and Counterclaim

Time and Risk

Cancellation

No Call out Charge

Parking & Travel Charges

Computer Retention

Data

Software

Remote Connections

GUARANTEE

Limitation of liability

Force Majeure

Customer Obligations

Complaints Procedure

Appendices

 

Definitions

You, Customer, Customers, Client and Clients: - Person or company is purchasing equipment or services from us.

Us: - Dolphin Computer Upgrades Limited.

DCULTD: - Dolphin Computer Upgrades Limited.

DCULTD may change these terms and conditions at any time and without notice. Once active these Terms and Conditions will supersede any previous versions and will become active immediately.

Confidentiality Policy

DCULTD and all persons thereby employed by DCULTD shall not during the period of the contract between DCULTD and any clients or at any time thereafter disclose any confidential knowledge, financial or trading information belonging to said clients unless expressly requested to do so by either the client themselves or for legal obligations (please see Privacy Policy for further information).

DCULTD are also usually willing to sign other companies Confidentiality Policies if required by the client’s business.

At DCULTD we are committed to protecting your privacy. Information is collected at your discretion and is used solely for the purposes of conducting our business (see Privacy Policy for further information).

When you place an order, request information or a quote, we need to know your name, address, e-mail and telephone number. This allows us to process any requests and contact you with a reply (see Privacy Policy for further information).

When you provide feedback or subscribe to an emailing list we may ask for other personal details such as occupation, age, amount of computer usage, what you use your computer for, where you heard about us from, although only your e-mail is required. We use the optional information solely to find out more about our customer base, to try and refine our services and products. You are free to withhold this information, as it will never affect your subscriber status (see Privacy Policy for further information).

From time to time we may contact existing customers to notify them of special offers and to ascertain if they are still satisfied with the work carried out by DCULTD. If desired you may choose not to receive any further contact (please see Privacy Policy for further information).

DCULTD will also on request disclose information we hold about you, change, edit or delete details.

If you have any questions relating to our Privacy Policy or concerns regarding your information, please contact us where a member of our company will happily discuss the matter with you. Contact details can be found on our website www.dolphinupgrades.com

We DO NOT disclose trade or sell personal information to others.

By using www.dolphinupgrades.com or by contacting a member of our sales team, you consent to the collection and use of the information outlined above. If we decide to change our Privacy Policy, we will post changes on our website, e-mail or post details to our subscribers so that you are always aware of what information we collect and how we use it.

Quotations, Price, Orders & Agreement

A quotation prepared by DCULTD is only valid in writing for 14 days. Please check all details provided on the quotation, including your personal details. All details will be carried over to your invoice and purchase agreement.

Orders will only be accepted in writing through E-mail or Letter. DCULTD reserves the right to change products from a quotation at any time but will ensure that replacement products are equal or higher performance components. Upon acceptance of a quotation you are agreeing to purchase products from Dolphin Computer Upgrades Limited and are entering into a legally binding contract with us, accepting our Terms & Conditions.

Delivery / Installation

The place of delivery or installation is stated on the quotation; please inform us if the invoice address is different. Lead times for delivery or installation vary and will be confirmed by email or telephone to you, upon confirmation of your order.

If delivery / installation / service call is refused without DCULTD’s agreement, you may have to pay all expenses or costs incurred from that refusal.

Acceptance

All products must be inspected for any defects. Upon completion of delivery / installation / service call, you will be required to sign a job sheet stating the work performed by DCULTD. At this time the risk of loss of products passes onto you and you will have accepted the product / products / service.

Payment Terms & Interest Charges

Products and services provided to you by DCULTD will be itemised on your invoice. Invoices show registered office, VAT number, invoice identification, product / service descriptions & price, VAT breakdown & amounts and any relevant delivery charges.

For home customers payment will be made upon completion of service call.

For business customers payment can be made upon completion of service call or strictly within 21 days of an invoice being raised if a credit agreement has been made in writing prior to the sale.

DCULTD accepts most payment times. Cheques are made payable to DCULtd. Credit card transactions will only be accepted on purchases of £50 or less or by prior arrangement. No credit card transactions will be accepted for overdue accounts, these need to be settled by BACs or Debit Card.

DCULTD may suspend its services to a customer if payment is late. A charge will occur if payment is late or cheques don’t clear. All costs of recovery shall be payable by you, the client. An additional payment may be incurred by the client in this instance covering payment of reasonable liquidated damages. Interest shall accrue both before and after any court judgement on the unpaid portion of the price at the rate of 8% above the base rate.

Set off and Counterclaim

The client may not withhold payment of any invoice or other amount due to DCULTD by reason of any right of set-off or counterclaim which the client may have or allege to have or for any reason whatsoever.

Time and Risk

The Goods shall be at the risk of our client following delivery and, notwithstanding delivery, title in the Goods shall not pass to the client until the client has made payment of all sums owing to DCULTD failing which DCULTD shall have the right to repossess or otherwise recover the Goods. Until title passes the client shall hold the Goods as bailee for DCULTD and shall store or mark them so that they can at all times be identified as the DCULTD Goods.

Cancellation

Cancellations will only be accepted in writing via letter or e-mail. Cancellations will only be accepted for DCULTD services, not its products. Upon acceptance of a quotation of parts and price, you are entered into a legally binding purchase agreement with DCULTD. If for any reason products are refunded, a restocking fee may apply.

No Call out Charge

No call Out Charge is only applicable in the Brighton and Hove Area. Free Call Out boundaries are set to the area inclusive from Shoreham through to Newhaven and up to Patcham. Details on Call out Charges are available upon request.

Parking & Travel Charges

If our technicians are required to pay for parking, this cost will be charged to yourself. Any relevant travel Charges are advised upon appointment booking.

Computer Retention

While your property is at our office, we are responsible for your equipment and if lost or stolen Dolphin Computer Upgrades Limited will replace said equipment to the same specifications / value.

Data

We realise the information on your machine is valuable to you, however DCULTD cannot guarantee, in any way, that a machine being serviced will be returned to you with your information intact.

DCULTD cannot be held responsible for any data loss incurred during the servicing of your machine. It is your responsibility to back up your information before we service your machine.

DCULTD cannot be held responsible for any data loss incurred by third-party data centers or other third-party software or cloud applications.

We will endeavour to preserve data to the best of our ability, but this is not considered to be part of any service. Data preservation cannot be guaranteed under any circumstances, especially in virus affected machines, or when stored in external data centers, cloud applications or other software applications.

Software

Is not owned by DCULTD and is initially purchased on your behalf. All software is licensed to you and warranty of software is with the licensor. DCULTD supplies all product licenses to the customer and you must comply with those licenses.

Remote Connections

Upon using our Remote Gateway you agree to us connecting to your systems. Chargeable work will be agreed in advance on a job by job basis, rather than paid for by the hour and maybe chargeable in advance of agreed work being performed.

GUARANTEE

DCULTD are very proud of our professional service and will guarantee all work undertaken. We do not usually charge a call out fee (see No Call Out Charge above); DCULTD will always endeavour to attain customer satisfaction.

DCULTD guarantees all parts listed within your invoice for one year from the installation date. All warranty responsibilities are held with the manufacturer and in most instances, products will have to be sent away to be assessed. We allow 28 days to resolve all manufacturers’ faults from failed components. The specifics of this guarantee are in addition to and do not affect you’re statutory or consumer rights.

Our service pledge to you is the guarantee that entitles you to:

  1. One-year onsite protection for hardware supplied by DCULTD or Return to base warranty.
  2. Telephone support
  3. Website support pages help
  4. E-mail assistance

Conditions of Guarantee

  1. Goods remain the property of DCULTD until paid for in full.
  2. If old parts are being used DCULTD is not responsible for these parts and if a malfunction occurs on the old products your Guarantee does not cover future labour or parts, due to a fault.
  3. If DCULTD is called out and the fault is due to old equipment, not supplied equipment or a software problem, then all call outs are subject to current hourly + travel fees.
  4. The computer / hardware are used solely within the United Kingdom.
  5. If you move from your current address where the installation took place the onsite protection is void, dependent upon where you moved to. If this is the case the product is still guaranteed but needs to be returned to DCULTD registered office with the receipt of purchase. The product will then be repaired and dispatched to you.
  6. This guarantee shall not apply to damage caused through accidents, misuse, fire, neglect, wear and tear, incorrect adjustment or repairs, adding hardware or transport to or from DCULTD registered offices.
  7. During the guarantee period parts that are repaired or not supplied by us, or the computer has been dismantled or repaired by a person not authorised by us, the purchaser shall not be entitled to any rights under this guarantee.
  8. The purchaser’s rights under this guarantee are for repair of items supplied by DCULTD, unless under a separate manufacturer’s warranty.
  9. This guarantee shall not apply to computer data or software.
  10. Our decision on all matters relating to complaints within this guarantee is final. Any defective parts that have been replaced shall become our property.

Limitation of liability

Save in respect of personal injury or death due to any negligence, DCULTD shall not be liable to the client in respect of any loss suffered by the client due to any defect in the products, services or partners goods, products and services. DCULTD shall not be liable to the client or any third party for any loss of profit, consequential or other economic loss suffered by the client arising in any way from this Agreement.

Force Majeure

DCULTD shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

Customer Obligations

You, the Client, are responsible for:

  1. All costs relating to contacting DCULTD.
  2. Software Licenses and licensors.
  3. Not making modifications or adding to hardware.
  4. Communicating courteously with DCULTD and providing as much information as possible on said matters.

Complaints Procedure

For all complaints please contact in writing: -

Paul Gibb

Managing Director

Dolphin Computer Upgrades Limited

96a Coleridge Street

Hove

East Sussex

BN3 5AA

A response will be given within 28 working days, and all decisions are final.

Appendices

Upon request DCULTD can also provide you with a copy of their Privacy Policy and GDPR/Data Protection Policy.