- “Us/our/we” – ProcessFlows UK Limited, 40-43 Jewry Street, Winchester, Hampshire, SO23 8RY, UK (Company Registration No: 02120661)
- “You/Your” – an authorised user of the Services and the owner of the Personal Information provided
- “Conditions” – these terms and conditions
- “Agreement” – these conditions that we and you agree to
- “Personal Information” – the personal details provided by you to us
- “Services” – the Technical Support Services you order under this Agreement
- “Agent” – one of our support representatives
- “Data” – software, data, documents, information and/or other files
- “Devices”- depending on the Technical Support Services package to which you subscribe/order, your desktop/laptop computer
- “Remote access Support” – where one of our Agents may, if necessary, remotely access your Remotely Accessible Device in order to determine a problem and either fix it or provide advice on what options are available to fix it
- “Remotely accessible device” – depending on the Technical Support Services package to which you subscribe/order, your device or Home Device, where it is a desktop/laptop computer
- “Technical Support Services” – either our ‘Expert Virus Removal’ or ‘Unlimited Support’ services
“Virus Removal” – the removal of malware from your supported devices, where applicable.
This is an Agreement made between us (the Supplier) and you (the Customer) whereby during the continuance of this Agreement, we will make available to you, a Technical Support Services as detailed within.
Scope of Service
We will use all reasonable skill and care when attempting to diagnose and fix the technical problems you report to us. We will provide advice and support via email, telephone and where possible, with your approval, remotely via remote access/control software that we may ask you to install on your Equipment. Our Services will be made available to you, (seven) 7 days a week, 24 hours a day. If we have any planned changes to this schedule we will advise you in advance via email and on our web site.
This service is available for home users any business client are welcome to file a request of the pricing and the scope of technical support.
We will not withhold support of a device if it is reasonable to assume it is for personal use and within the realms of a home PC network environment.
We will provide you with one of the following support service offerings, depending on which service you purchased:
- Single Occurrence ‘Expert Virus Removal’ Support
This Service includes support of one device, to include computer diagnostics, virus removal, pc optimization and driver updates.
- One Year Unlimited Support
This Service includes support of one device, to include computer diagnostics, advice and remote access support covering: software installation, repair and removal; driver updates; installation of peripheral devices; PC Performance Optimization (start-up programs, registry cleaning, cleaning/removal of temporary files, burdening software removal); Antivirus software installation, update and optimization; Restoring lost or deleted files and Windows OS re-installation.
This Support Service is meant only for personal PCs, we cannot provide support for areas and equipment relating to a business or corporate I.T. environments. For the avoidance of doubt this means the exclusion of items such as; File servers and operating systems, (except Microsoft Windows Home Editions); Domain and Active Directory based networks; VPN and WAN networks; business and corporate infrastructure hardware, operating systems and applications.
General Rights and Obligations
You agree to follow our agent’s reasonable instructions. This may include following advice on installing any security software and Windows OS re-installation.
You undertake that the Personal Information which you provide is true, accurate, current and complete in all respects.
Where you permit us access via Remote Access Support, you agree that we are entitled to access your computer and Devices remotely to provide you with the Technical Support Services. We agree to keep your information confidential and use it with your permission in order to improve the computer performance (if needed). We are not responsible for any data lost or failed Backup.
You must have valid software licences for your operating system and applications that we are requested to support. Where applicable, you must also supply details of the relevant license keys if we ask you for them in order to resolve a reported issue.
You agree that, prior to us performing any aspect of the Technical Support Services under this Agreement, it is solely your entire responsibility to protect your devices and to back-up all Data stored on your devices and any and all disks and drives you may have.
We will not be responsible for any inherent failures caused by any third party products or yourself, applications and/or operating systems unless such products, applications or operating systems are supplied by us; for the repair or replacement of any of your devices that is found to be faulty; and for any damage caused by your failure to follow our reasonable advice, recommendations or instructions.
We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Services. We also reserve the right to change or add to these Conditions from time to time. Unless you have placed an order for or subscribe to the Services, we shall not be obliged to give you notice of any such modification or withdrawal.
Price and Payment
The price of the Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to commencing the Services.
If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following; suspend the provision of the Services to you until payment has been received and, where you have failed to make payment despite reminders to do so, cancel this agreement.
You confirm that, where you pay by payment card or Direct Debit, the payment method that is being used is yours. All payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any such failed checks or authorisation. Payment must be received by us in full before the Services can commence.
Termination and Right to Cancel
You may cancel your order at any time within 7 working days from the day after placing your order without incurring any liability to us, however, you may not cancel the Services once we have started to provide any part of the Services to you.
By subscribing to the ‘One Year Unlimited Support’ Service, you enter into a 12 month term contract, after which your contract renews annually until terminated at any time by either you or us in accordance with the terms of these Conditions.
In order to deliver these Services to you, we will keep certain Personal Information about you, this will include contact information and correspondence that we have with you. When you contact us, we may ask for certain Personal Information to verify your identity. You agree that we may use and update this information to; provide you with other services; recover debts; prevent and detect fraud; develop and improve our services.
We may administer your account and provide services from outside the UK. We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to you and to improve the quality of our customer service.
Notices to us should be addressed to: Client Services Technical Director, ProcessFlows UK Limited, 40-43 Jewry Street, Winchester, Hampshire, SO238RY, UK or faxed to +44 1962 835100. Please phone and request a written acknowledgment from us as proof of delivery. Notices from you to us will be considered delivered upon either a facsimile confirmation or our written receipt acknowledgment. This written acknowledgment may be via email. We will send Notices to you at your registered email address that you provide to us, Notices will be considered delivered once we have sent them.
We shall not be liable to you for any loss or corruption of data; or any losses you may suffer arising from your use of, or failure to use, any software. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements.
We shall not be liable where we are unable, using reasonable effort, to provide the Services as a result of any event outside our control.
Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption. We will not be liable for any loss or damage caused by us in circumstances where there is no breach of a legal duty of care owed to you by us; and/or such loss or damage is not reasonably foreseeable. We will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions.
Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or limit your rights as a consumer under applicable UK law.
If either party is prevented from complying with any of its obligations in this Agreement, due to events such as, but not limited to: fires, explosions, earthquakes, drought, tidal waves and floods, tornadoes, hurricanes; long term and/or nation-wide public services interruptions, such as power and Internet outages; military conflict or hostilities, whether declared or not, invasions, rebellions, insurrections, civil war, power usurpation; civil unrest, riots, strikes; requisition, embargo; conventional, chemical, biological or nuclear strikes, acts of terrorism or legitimate threats of such; government issued orders for evacuation; toxic, radioactive or otherwise harmful contamination, then neither party shall be liable.
This Agreement is made for the benefit of the two parties; you and us, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party. No Third Party can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.
You may not assign this Agreement or any right or obligation of this Agreement, by operation of law or otherwise without of the written our written consent. You may not, but we may assign, change or otherwise dispose of our rights under this agreement.
This Agreement shall in all respects be governed by and construed in accordance with the provisions of the Law of England and the Parties agree to submit to the exclusive jurisdiction of the English courts.