Terms & Conditions are meant to protect both the interests of the customer, and the supplier.
They are in addition to Legal rights and Consumer laws.
The reality is that there are plenty of “cowboy” operators out there, and sadly there are plenty of customers who are just as bad, the analogy here is the car driver who seeks to cause an unavoidable accident by harsh braking, and then claiming whiplash, loss of earnings, and a new car.
For example I no longer work on a no deposit, no cash up front, bill when the job is done, basis for website design or custom hardware builds, I used to, but I got stung once too often… so now my policy is cash with order for hardware and domain registration and hosting and site design, and anything else that represents an outgoing expense for ECR. Labour is not considered an expense.
I have always had a policy that if I make a mistake, I rectify it & I pay for it, if anything I lean far too much towards the customer and their satisfaction in this regard, but sometimes there are cases that fall in the grey areas, and it is these grey area cases that these T&C can help to clarify.
First in each category is the Policy, then an explanation of that policy in plain language in italic text.
- Data – Data is always 100% the customer’s responsibility;
It is assumed that the customer has a complete and working backup.
At ECR we care about data to the point of being paranoid, we always, always, always, triple check with the customer with regard to the current state of their data backups, and always recommend that this is sorted as a matter of priority, before starting work proper.
If, however, we have made these checks, been assured by the customer that their data is backed up, and it is later discovered that this backup is not functional or missing some data, sadly, ECR cannot be held responsible in any way for this.
- Application Software – It is assumed that the customer has legitimate, working, copies of all their application software, to do a fresh install, if so required.
For example it may be the case that a complete re-install of the Operating System and Application Software is required (on Windows, changing to a new / different motherboard / CPU is usually a guaranteed re-install) and while we will always advise the customer beforehand, it is strictly the customer’s responsibility to provide ECR with the original CD/DVD’s and appropriate serial numbers etc so that we can perform this reinstall, if so required by the customer.
- Security – It is assumed that the customer has and uses up to date anti-virus and anti-malware software, that the customer has written records of all their various account user names and passwords, and suitable security measures such as a firewall and password protected logins etc.
It is assumed that the customer has written copies of user logins and passwords, that might be lost, subject to work done by ECR, such as installing a new hard disk when the old one is dying. It is also assumed that ECR are not responsible for any future actions of the customer, such as the customer getting a virus a week after we have fixed their computer, because the customer has not kept their virus software up to date and running.
- Hardware failure – It is assumed that the customer accepts that things sometimes die, and that unless there is a causal relationship, some other component dying after we have worked on your computer is just bad luck, not our fault.
Sometimes it just happens, you can replace a customer’s hard disk, and some time later another component such as the GFX card dies, this is life. It does not mean that ECR is responsible for the cost or labour of the other component.
- Time to complete work – It is assumed that the schedule agreed at the beginning of the job will be adhered to by both parties, barring unavoidable delays due to third parties.
ECR will always agree a schedule of work, where it is within our power we will move heaven and earth to keep to this schedule.
ECR will not be held liable for the effects of circumstances beyond their control, such as for example the effects of adverse weather such as snow, or the effects of a third party supplier failing to deliver on time, or the effects of the customer failing to perform a requested action, such as ensuring that we can gain admittance to premises.
- Fees / tariff – Our basic tariff is provided on the Tariff page, it is labour only and it is intended as a guide. ECR will always supply a quote before starting work.
The tariff is fairly basic (but still, nobody else openly advertises their rates) because to a certain extent each job is unique, and “how much” is like asking how long is a piece of string, so the tariff for example for a Basic computer software repair is based upon an average figure for that type of job.
- Warranty – ECR warranty all work for 12 months. All supplied parts are supplied direct to the customer with whatever warranty is provided by the manufacturer / supplier.
ECR warranty is valid for 12 months from the date of invoice, ECR warranty only covers ECR labour. If we supply and fit a WD Hard disk, then the hard disk warranty is provided by the supplier, not ECR.
- Complaints procedure – Complaints should always be made in writing, preferably via the ticket system, or via email.
Unlike everyone else, ECR put the complaints procedures in place first, anyone can do X when everything goes right, the mark of a good business is one who can respond rapidly when things go less than perfectly, and by doing so stop a small problem from turning into a major headache.
To put things in perspective, since 1994 ECR have had a total of THREE complaints, and perhaps two dozen calls that could be more accurately characterized as after sales support, where a customer bought a technology or products that they were not as familiar with as they thought they were at the time of ordering, for example expecting an e-commerce website software system that did not include inventory control to manage inventory, stocks and re-ordering… even though this lack was pointed out in the job specification.
Another example was the purchase and installation of Sage accounts and book-keeping system on a dedicated book-keeping computer, the Sage software required a certain minimum level of ability and experience to use, and this meant a training session for the staff member in question.
- Liability – ECR liability will, in every event, be limited to the labour billed.
In every instance ECR’s financial liability will be limited to the labour portion of the relevant invoice.
ECR will never be held liable for loss of earnings, failure to generate expected sales or earnings, or any other expenses or losses.
- Payment – Payments will always be made in full, by the agreed method, by the agreed time.
ECR payment terms will always be agreed at the time of making a quote.
These terms are not negotiable once the quote has been accepted by the customer and work has commenced.
If you have any specific queries, please feel free to contact us.