Terms & Conditions - Zeus Computing

1 - Our Services

1.1 The following services (as further detailed on www.zeuscomputing.co.uk are available from Zeus Computing:

1.1.1 Remote Support

If you take this service, we will provide you with either of the following services over the telephone for a one-off fee or as part of the PC Mot Subscription Service:

• If you choose the monthly subscription option, we will designate a day to connect to your computer and carry out the necessary work as stated in the PC Mot section, and
• If you choose the ‘Fix’ option, we will attempt problem diagnosis and a solution. For further details of what is included within the scope of service for each of the Set Up and Fix options, details of the maximum permitted call length per session for these services and details of the related session fees, please see www.zeuscomputing.co.uk or call us for free on 0800 3345 871. Additional terms and conditions for the PC Mot Subscription Service can be found attached to this document.

1.1.2 Home Support

If you take our Home Support Service, we will agree the scope of the services to be provided to you and the applicable fee at the time you place your order with us. The service we provide to you may include set up and configuration of your home computer(s), including:

• networking peripherals and equipment;
• networking fully licensed original copies of software; and
• networking fault diagnosis and rectification.

Our Home Support Service is currently only available to customers in selected post-codes within the London area by pre-booked appointment. For details of the applicable post-codes and our schedule of fees, please call us for free on 0800 3345 871. From time to time, we may agree to provide our Home Support service to customers in post-codes outside our standard service area. If we agree to do this you may be required to pay an additional fee, which we will tell you when you make your appointment for an affiliated Zeus Computing technician to visit your home.

1.2 Our services are only available to consumers who require technical support for home-related use. We will not supply either of our services for business-related purposes.

1.3 We will not be able to provide you with support on any of the following:

• File servers;
• File server operating systems;
• Domain & active directory based networks;
• Virtual private network (VPN) & wide area networks;
• Multi-subnet networks;
• Complex firewall configurations.

2 - How To Get Our Services

2.1 You can access our Remote Support Service at any time of day or night on 0800 3345 871.

2.2 If you wish to make an appointment for our Home Support Service, you can do so by calling us on 0800 3345 871. Appointments for our Home Support Service can be made for any time of day or night. However, if you wish to make an appointment for an affiliated Zeus Computing technician to visit your home after 10pm at night and before 8am in the morning, you may also have to pay an additional fee. Appointments are also subject to availability. We will advise you of current availability when you ring to make an appointment. Please call us on 0800 049 6190 for further details.

2.3 Calls to our 0800 049 6190 number are free from a BT, Virgin or TalkTalk landline. Call costs from mobiles and other service providers may vary, please check with them for details. We may monitor and record calls to this number for quality and training purposes

3 - Minimum Requirements for our Services

3.1 If you take either of our services, you must have a fully working and licensed personal computer meeting the following minimum requirements:

• Windows 2000 (or a more recent version) or XP operating system;
• Processor speed of 233MHz or above;
• 256MB RAM;
• 200MB available hard drive space;
• an available USB, Ethernet or wireless port; and
• a compatible modem or, where applicable, wireless router

3.2 The following additional system requirements also apply for wireless networking:

• All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM;
• Password(s) for operating systems and / or your Internet Service Provider must be available at the time of service;
• Your Operating System disc and Key Code must be available at the time of service;
• All computers and peripherals to be networked must be installed and operational prior to the time of service, including connection any broadband modem.

4 - Your Responsibilities

4.1 If you take either of our services, we will provide the service to you subject to the following conditions:

4.1.1 You must have valid software licences for your operating system and all applications on your computer(s). You must supply details of the relevant licence keys if we ask you for them.

4.1.2 You must back up your Software and Data. You agree that prior to contacting us to perform diagnostic repairs or to provide other technical support on or in connection with your computer(s), and either on-site or remotely, it is your entire responsibility to protect your personal computer and to back-up all data, software, information and other files that are stored on any and all computer disks and drives you may have. We are able to spply you with a back u service free of charge for upto 2GB of data. Any more data you wish to back up is also available through a subscription service with Mozy.com. Please ask for this service.

4.1.3 You must make sure an adult is present. For any on-site services that we supply, a person of at least 18 years of age must be present the entire time that our technician is providing the services. If the affiliated Zeus Computing technician arrives at you home to provide our service and no adult is present, service may be denied and a cancellation fee may be charged.

4.1.4 You agree to follow our reasonable instructions, including any security instructions. This may include installing any equipment of software that we advise and following any other reasonable instructions that we may give you about the service we provide.

4.1.5 You must give us access as follows:

• Remote Support – Zeus Computing’s technician will ask you for consent to access your computer using our remote access facility before or during the provision of this service. You will only be asked to allow remote access before each session. You must agree to this access to enable us to provide the service. If you do not, we may not be able to provide the service to you.
• Home Support - You must provide the affiliated Zeus Computing technician with full access to the computer(s) and / or peripheral(s) to be serviced and such access as is necessary to your residence. You agree to give your consent for the technician to do this and also agree to co-operate fully and provide the technician with a safe working environment, working space and electrical power. If the Zeus Computing technician arrives at your premises and reasonably determines that you are unwilling or unable to provide the access, co-operation or safe working environment as described above, then service may be denied.

4.2 If you are unable to comply with any of the above requirements, we may be unable to or will be entitled to decline our service to you. We may also charge you a cancellation fee

5 - Our responsibility to you

5.1 We may not be able to advise on all issues or to repair or solve all problems that you ask us to, but to the extent that we cannot advise on an issue or repair or solve a problem that we agreed was included in the scope of our services then we will refund any applicable fee paid by you to us. Separately we may not be able to fulfil any service requests that fall outside the agreed scope of our services, in which case no refund will be payable.

5.2 We will not be responsible to you:

• For any inherent failures in or caused by the supported applications and operating systems or third party products supplied by us;
• For the repair or replacement of any equipment that is faulty (as reasonably diagnosed by us during the provision of our service to you);
• For any failure by you to follow our reasonable advice, recommendations or instructions;
• If either we, including without limitation any of our technicians, agents, contractors or third party service providers are impaired or stopped from providing the service by you for any reason whatsoever or are otherwise unable to provide a service to you as a result of any event that is outside our reasonable control;
• For any damage to your hardware or equipment.

5.3 Our Zeus Computing technician will use reasonable endeavours to keep any appointment you make with us for our Home Support Service, but we cannot guarantee that the technician will arrive on time in each case. If a technician is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. From time to time, factors outside our control may also require that we re-schedule an appointment. If we have to do this, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment due to circumstances beyond our reasonable control.

5.4 Nothing in these terms of service shall exclude or limit our liability for death or personal injury caused by our negligence or that of our technicians or agents, or for any liability arising under Part I of the Consumer Protection Act 1987.

5.5 We shall not be liable to you for:

• Any loss that is not reasonably foreseeable;
• any loss calculated by reference to profits, income, or business (or loss of such profits, income, or business);
• any loss of goodwill;
• any loss or corruption of data; or
• any losses you may suffer arising from your use of (or failure to use) any anti-virus software.

5.6 We do not accept liability for the acts or omissions of any providers of telecommunication services.

5.7 Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £5,000 for any one incident or series of related incidents.

5.8 The limitations of liability set out in this clause 5, are in addition to any other provisions limiting our liability set out elsewhere in these terms of service.

5.9 Nothing in these terms of service shall impose any liability on us in respect of non-performance of a service where the performance claimed is outside these terms of service or where such non-performance is directly due to your acts, omissions, negligence or default.

5.10 We shall have no responsibility to you for any goods, services, information, software or other materials that you use or obtain when using your personal computer whether offline or online for accessing the internet (including e-mail).

6 - Purchase of Goods

6.1 If you purchase any Zeus Computing goods from one of our technicians you must inspect those goods as soon as reasonably possible after you receive them, and to tell us of any damaged or missing items from those goods as soon as reasonably possible by calling us on 0800 3345 871.

6.2 We will use reasonable endeavours to repair or replace any goods you buy from us if they are faulty or damaged or if they become faulty within 28 days of purchase, and we will not repair or replace them if you are responsible for the fault. You must return any damaged or faulty goods to us (including all cables and software that may have been supplied with the goods) in the original packaging by sending them by special delivery to Zeus Computing, 2 Crosbie Road, Coventry, West Midlands. CV5 8FY.

7 - Zeus Computing Promise

7.1 No Fix, No Fee.When you take either of our services, we will use reasonable skill and care when attempting to diagnose and fix the particular technical problem you are experiencing. We will not charge you if we are unable to fix the problem, provided you have fully complied with these terms of service. If you have not complied with these terms of service, a cancellation charge may apply.

7.2 Remote Support: If you take our Remote Support Service and the problem we have fixed occurs again within 5 days as a direct result of the same cause (s) we identified when we fixed it for you the first time, provided you have fully complied with these terms of service, we will:

• try again to fix the problem at no extra charge; and
• if we cannot then fix the problem again, we will return your money at the full purchase price for the services performed.

7.3 Home Support: If you take our Home Support Service and the problem we have fixed occurs again within 30 days as a direct result of the same cause(s) we identified when we fixed it for you the first time, provided you have fully complied with these terms of service, we will:

• try again to fix the problem at no extra charge; and
• if we cannot then fix the problem again, we will return your money at the full purchase price for the services performed.

7.4 Exclusions. For any repairs necessitated by a virus or spyware, each of the above service warranties is only valid if you have up-to-date anti-virus and anti-spyware protection installed or updated during the repair or immediately thereafter. This service warranty excludes any defective hardware or other products.

8 - Charges and Payment

8.1 Details of our current prices and payment terms for each of our Services are at www.zeuscomputing.co.uk or you can call us on 0800 3345 871.

8.2 Remote Support.

• Calls to this service are charged at a fixed fee. A call may last up to forty-five minutes. If you do not use all of the allowed time, you will not receive any discount or refund for the unused period and you may not save it for use at a later date. If you need to extend the time of your call, you may be required to pay an additional charge or to call back again. We will advise you of this during the call.
• We will ask you for details of your credit or debit card and, in providing this to us, you will thereby be providing us with the appropriate payment authorisation, before we provide our service to you. You agree to pay us the applicable fee by the end of the call and we will take the relevant fee from you using the details you have provided.

8.3 Home Support.

• The charge for an affiliated Zeus Computing technician to visit your home and supply this service is based on a forty-five minute appointment, but notwithstanding this time slot you acknowledge that in visiting your home we will be using a reasonable amount of time to complete the job (which may be more than 45 minutes), unless you instruct us otherwise. If you do not use all of the allowed 45-minute time slot, you will not receive any discount or refund for the unused period and you may not save it for a further visit. If we stay longer than the 45-minute time slot (in using a reasonable amount of time to complete the job) or if you otherwise need to extend the period of your appointment, you may be required to pay an additional charge or to make a further appointment at another time. The Zeus Computing technician will advise you of this during the appointment.
• You agree to pay us the applicable fee upon completion of the appointment by either logging on to our website and completing the appropriate payment process (the affiliated Zeus Computing technician will advise you how to do this) or by calling us on 0800 3345 871 and authorising us to take the relevant fee from you using the details you have provided.

8.4 You also agree to pay us for any goods that we provide to you and any charge for a cancellation, re-scheduled or missed appointment that you may be obliged to pay us in accordance with these terms of service.

9 - What happens if you want to cancel, re-schedule or if you miss an appointment

9.1 Cancelling or Re-Scheduling an Appointment. You may cancel or re-schedule a Home Service appointment at any time up to two hours before the appointment time without charge. If you wish to cancel or re-schedule after this, we may charge you a cancellation or re-scheduling fee. 9.2 Missed Appointments. If you are unable to keep a Home Service appointment you have made with us, we may charge you for a missed appointment. 9.3 For details of our charges for cancellations, re-scheduled or missed appointments please call us on 0800 335 871.

10 - Use of Your Information

10.1 We respect your personal information and undertake to comply with applicable Data Protection legislation and the EU Safe Harbour Framework. These statements (and any other applicable references on our website) describe the privacy practices relating to Zeus Computing including our services provided at your home or office, remotely on the Zeus Computing Web site and through Zeus Computing call centres. When you provide Zeus Computing with your personal information, you consent to these practices described in this policy. We may hold information that you provide to us (such as by telephone on an application or Order form or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies).

10.2 What Information we may collect. While taking advantage of services from Zeus Computing, you may be asked to provide personal information in order to facilitate your transaction. We may also hold information that you provide when you contact a Zeus Computing call centre to schedule an appointment for services at your home or office, for assistance or with a question, participate in a promotion or research or participate in other activities with Zeus Computing. This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and Credit or Debit Card information, occupation and employment data, lifestyle information and details of how you use the Services.

10.3 In the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of these Terms of Service.

10.4 How Your Information may be used. Your information is held and used by us in the course of providing you with agreed upon services. It may also be held and used by us for a number of other purposes and we may use third parties to support us with these purposes. The third parties with whom Zeus Computing conducts business are only authorized to use your personal information to perform the service for which they were hired. As part of their contractual obligations, these providers are required to follow the privacy guidelines provided to them and to take reasonable and appropriate measures to ensure your personal information is secure. We may use third parties without limitation as described below:

10.4.1 processing your order; administering your account and billing, including allocating or offering you rewards, discounts or other benefits; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your Credit or Debit Card details; dealing with requests, enquiries or complaints and other Customer Care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;

10.4.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about Zeus Computing’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may use this information to send you marketing communications and may tell you by automated means or otherwise, including by email, fax, SMS, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;

10.4.3 contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;

10.4.4 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or

10.5 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.

10.6 We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.

10.8 Access If you would like us to tell you what information we hold about you, please write to us c/o The Legal Department, Zeus Computing, 2 Crosbie Road, Coventry, West Midlands. CV5 8FY. We may charge a £10.00 administration fee; please quote your full name and address on all requests.

10.9 Opting Out If you do not wish your details to be used for the purposes described in clauses 10.4.2 and 10.4.3 please write to us at the above address stating your full name and address.

10.10 Security of Your Information Zeus Computing has security measures in place and takes reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under Zeus Computing’s control.

10.11 Remote Access Zeus Computing may offer remote access service to assist in diagnosing and resolving system issues. This process allows Zeus Computing Agent to remotely access your computer to determine the problem and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, you are giving permission to a Zeus Computing Agent to log into your computer which may contain personal information. A Zeus Computing Agent will only search your computer to determine the cause of the problem and will attempt to limit their interaction with your files to a minimum. It is your responsibility to ensure all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.

10.12 European Union Safe Harbor Framework. Zeus Computing is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification (registered via Best Buy Co., Inc.), visit the U.S. Department of Commerce's Safe Harbor Web site at http://www.export.gov/safeharbor.

10.13 Dispute Resolution As part of our participation in the Safe Harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. This dispute resolution program covers only offline data collection (e.g. call center, postal mail, in- store registration), and does not cover online collection of data (e.g. via the Internet). If you have any complaints regarding our compliance with these aspects of the Safe Harbor, you should first contact us at: The Legal Department, Zeus Computing, 2 Crosbie Road, Coventry, West Midlands. CV5 8FY and we will endeavour to respond to you within a reasonable time following receipt of such notification. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe. Please allow at least 10 business days for us to respond prior to contacting TRUSTe. You can reach TRUSTe by Internet at http://www.truste.org/consumers/watchdog_complaint.php, by fax at 415-520-3420, or by postal mail at Watchdog Complaints, TRUSTe, 685 Market Street, Suite 270, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: our company name, the nature of the alleged privacy violation including details about how your data was collected and what causes you to believe a violation occurred, the resolution you are requesting, your contact information, and whether you allow the particulars of your complaint to be shared with us. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see http://www.truste.org/consumers/watchdog_complaint.php or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.

11 - Matters Beyond Our Reasonable Control

11.1 Sometimes we are unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept responsibility for what has occurred.

12 Transfer

12.1 You may not transfer the whole or any part of the Contract without our prior written consent.

12.2 Our Services may be administered to you in whole or part by another company within the Zeus Computing infrastructure.

13 - Disputes

13.1 If you have a complaint or query regarding any aspect of either of the Services, please call us on 0800 3345 871 or write to us at Zeus Computing, 2 Crosbie Road, Coventry, West Midlands. CV5 8FY. Please include your both your name, address, phone and customer number (if you have one) in any correspondence.

13.2 We aim to fully resolve all email queries within 2 working days of receipt and all written queries within 7 working days of receipt. You are able to call Zeus Computing free of charge on 0800 3345 871 for any queries or requests.

Zeus Computing - Ray Irvine - May 2009