These terms and conditions as amended at any time (the or these Terms) apply to all services provided by Computer Palm. By requesting or receiving services from Computer Palm you agree to these terms and conditions.
Before you first request any affiliation, membership or services from Computer Palm, you should read and agree to these Terms. These Terms are available from our website www.computerpalm.com/terms or available on request by emailing us at email@example.com. You may ask to see these Terms when a member of Computer Palm staff attends to your appointment for the first time and on subsequent visits.
These Terms may change at any time and you agree to be bound by these Terms at any time. A copy of these Terms as updated will be readily available on our website www.computerpalm.com/terms and from a Computer Palm member of staff when he or she attends an appointment with you.
Information about us and who is entitled to receive services
Computer Palm (we or us) are registered in England under company number 10101592.
1.1 In these terms and conditions:
Services means those services which you request us to provide to you at any time and that we have agreed to provide to you following such request. For information: at the date of these terms and conditions the services that are available for you to request from us are: assistance with using and accessing the internet, including assistance with software related issues and using technological equipment such as TVs, printers and digital cameras the services we provide do not include: dealing with or correct any problems with equipment or hardware or fixing any faulty or defective equipment or hardware. For example, if your PC is not working, our services do not include fixing the faulty PC;
the or our Site means our website;
and the or these Terms means these terms and conditions as amended at any time.
1.2 When we refer to a clause number in these terms and conditions, we are referring to another numbered clause in these Terms. So where we refer to clause 3 in clause, for example, you will need to look at clause 3 as well.
2. When your contract with us is effective and what that means
2.1 Your contract with us will be entered into and effective once the following steps have been completed:
2.1.1 you have spoken with a member of our administration staff and been through our member take-on procedures (set out in clause 3); and
2.1.2 we have ether:
(a) sent you an email confirming your first appointment for Services containing the information set out in clause .1; or
(b) where you have not provided us with an email address, we have confirmed to you details of your first appointment for Services including the information set out in clause .2 in a telephone call.
Where we do not agree to take you on as a member in accordance with clause 3.2, there will be no contract in effect between you and us and you will not have the right to receive any services from us.
2.2 Subject to any statutory cancellation rights in clause 9, once your contract with us is effective you will be obliged to comply with these Terms and, in particular, to:
2.2.1 become a member with us and pay us your Annual Membership Free in accordance with clause 5.1;
2.2.2 take and pay for the Services during the first appointment that we have confirmed to you by email or telephone in accordance with clause 3.2 (subject to the cancellation provisions in clause 10 if you cancel them);
2.2.3 sign the direct debit instruction from referred to in clause 4.1 authorising us to deduct all fees for membership and Services from your bank account as well as complying with your other obligations in these Terms.
3. What do our membership take-on procedures involve and how to become a member
3.1 You will need to go through our member take-on procedures on the phone with a member of our administration and/or call centre staff. This may include an identity check (which we carry out for the purposes of ensuring the safety of our members of staff who visit your home or place of business). Our call centre staff may ask for some or all of the following personal information: name, address, date of birth, telephone number and/or your passport or driving license number.
3.2 If we decide to take you on as a member, we will either:
3.2.1 send you an email which will contain a link to these Terms by way of confirmation, a confirmation of the date, time and location of the first appointment; or
3.2.2 (where an email address has not been provided) confirm the date, time and location of that first appointment; to you on the telephone.
3.3 We may in our sole discretion decide not to take you on as a member. If that is the case, we will let you know during the call in which you go through the member take-on procedures with our call centre staff.
4. When your membership with us starts and your obligation to sign a direct debit instruction
4.1 Subject to your statutory rights to cancel set out in clase, your yearly membership with us starts on the date of your first scheduled appointment for Services (as confirmed by us to your accordance with clause). Your membership will start from that date even if you cancel or re-schedule that appointment. The date from which your yearly membership starts is referred to as the Membership Start Date.
4.2 You agree to:
4.2.1 complete and sign the direct debit instruction form (DDI) that a member of our staff brings to your home, or otherwise asks you to; and
4.2.2 return the signed DDI to that member of staff who attends your home or place of business for him/her to return to our administration staff.
5. How long your membership lasts and what Membership Fees you have to pay
5.1 You agree to pay us an Annual Membership fee (Annual Membership Fee) as follow:
5.1.1 The advertised sum on our website price-list, each year starting on the Membership Start Date; and
5.1.2 to pay the Annual Membership Fee which applies on each anniversary of Membership Start Date (Annual Renewal Date).
5.2 We may change the Annual Membership fee at any time. Details of the current Annual Membership Fee at any time will be shown on our Site. However, you will only be required to pay any changed Annual Membership Fee from the next Annual Renewal Date after the change in each year.
5.3 We will take payment of the Annual Membership fee from your bank account together with the fees for all Services provided at our first appointment with you on or after receipt of the DDI – unless otherwise agreed or stated.
5.4 Unless you or we cancel it in accordance with clauses 9, 10 or 12, your yearly membership with us:
5.4.1 will start on the Membership Start Date; and
5.4.2 will renew automatically each year on the Annual Renewal Date. We will continue to deduct the Annual Membership fee applicable at that time from your account, or shortly after, each Annual Renewal Date.
6. How to book appointments and your obligation to sign a worksheet
6.1 In order to book all appointments for Services (other than the first appointment), you should contact us by telephone or by e-mail. In most cases, the first appointment will not be booked or confirmed until there has been telephone contact and your identity verified as set out in clause 3.1.
6.2 We will send you an e-mail confirming your appointment or confirm it by telephone. Where we confirm by email, the e-mail will contain a link to a copy of the Terms that apply at that time along with a confirmation of the time, date and location of the appointment. Please note that appointments are not confirmed until we have sent an email or confirmed the appointment by telephone.
6.3 We reserve the right to cancel and/or reschedule an appointment with due notice.
6.4 You will be required to sign a worksheet at the end of each appointment, confirming and acknowledging the services you have received. You will be entitled to retain a copy of the signed worksheet for your information.
6.5 Except for your first appointment, you cannot book an appointment for Member-only Services without first having become a member with us as in clause 3.
7. Rates and payment
7.1 We provide our Services on a sessional basis (each appointment constitutes a session). In addition to the Annual Membership Fee, you agree to pay for Services that you use as follows:
7.1.1 £30 per hour (inclusive of VAT) for each session (please note that this is our minimum rate so that if your session lasts less than an hour, you will still need to pay a minimum fee for £30 for each session); and
7.1.2 for any session which lasts longer than an hour you will need to pay an additional £15 for each period of 30 minutes for which that session continues beyond the initial hour.
7.1.3 for non-members (except for the first appointment) £40 per hour (inclusive of VAT) for each session and an additional £20 for every 30 minutes beyond the initial hour – if the session lasts longer than an hour.
By way of example:
(a) if a session lasts for 45 minutes, you will be charged £30 as a member and £40 as a non-member;
(b) if a session lasts for 1 hour, you will be charged £30 as a member and £40 as a non-member;
(c) if a session lasts for 1 hour 20 minutes you will be charged £45 as a member and £60 as a non-member.
We may change the fees we charge for Services at any time, Details of the current fees for services at any time will be shown on our Site. You will be required to pay for Services at the rates shown on our Site at the date the Services are provided.
In the event you require a VAT receipt in respect of such payments, we will provide you with a VAT receipt by email as soon as reasonably practicable after we receive a request from you to do so on a signed worksheet at the cost of £3 (inclusive of VAT).
You will be charged for the time the session actually lasts as shown on a signed worksheet (which may be different to the time communicated during the confirmation of your appointment).
All amounts payable pursuant to this clause are payable immediately after the Services have been provided and you confirm that we are authorized to deduct such amounts from your bank account pursuant to the Direct Debit Instruction.
8. Our obligations for the Services provided
8.1 We will provide the Services to you with reasonable skill and care and we will use reasonable endeavors to provide you with those Services you have requested.
8.2 We will make every effort to provide the Services at the date and time agreed but there may be delays or cancellations due to circumstances beyond our control. In any such case, we will complete the Services as soon as reasonably practicable.
8.3 We cannot guarantee or assure you of any specific results or achievement level from your use of the Services. Individuals learn at different rates. Apart from those warranties and commitments that we are required to give under English law or that are set out in these Terms we do not give any warranties or assurances or agree to any terms, conditions or other provisions in relation to the Services.
9. Your statutory right to cancel membership and any Services ordered within a 7 day period
9.1 Where you are purchasing Services as a consumer (but not where you are a business user), you have the right to cancel your contract with us and any Services you have requested (but which you have not received) at any time within 7 working days from the day after the contract between us has been entered into, in accordance with your rights under the Consumer Protection (Distance Selling) Regulations 2000. In respect of any such cancellation, no cancellation fee will be payable and we will return any Annual Membership or other fee received from you.
9.2 The right to cancel referred to in clause 9.1 in respect of your contract with us and any Services will not apply where you have already started to use our Services within that 7 day period.
9.3 Any request for cancellation of your contract with us and any Services in accordance with clause should be sent to firstname.lastname@example.org.
10. Cancellation of any request for services or appointment (except where you are cancelling your membership in accordance with your statutory rights to do so)
10.1 In any case other than that specified clause, if you wish to cancel any Services or appointment, please notify us by email to email@example.com as soon as possible. Any notice of cancellation which we receive less than 48 hour before your booked appointment time will incur an administration charge of 50% of the total price for the Services booked.
10.2 A cancellation charge in accordance with clause will also apply if, when a member of our staff arrives at your home or place of business at the time of your booked appointment, there is no one there to let them in or if you decline to take the Services when they arrive for any reason.
11. Means of payment, status of Direct debit and refund policy
11.1 All our fees and charges may be paid by Direct Debit, Credit Card, Bank Transfer or Cash only.
11.2 You authorize us to deduct all amounts payable pursuant to these Terms from your account by a Direct Debit.
11.3 By submitting your bank details, or receiving an invoice for the Services, you confirm that you are an authorize signatory of that account.
11.4 We will not make any refund of fees or charges which you have already paid for any reason, save in the case of error on part of the Computer Palm team or where we are required to do so pursuant to clause 9.
12. Termination and suspension
12.1 You may terminate your contract and your membership with us at any Annual Renewal Date by giving us at least 14 days notice before that Annual Renewal Date. This only applys to members who have subscribed to an annual membership.
12.2 We may terminate this contract and your membership with us at any Annual Renewal Date by giving you at least 14 days notice before that Renewal Date.
12.3 We may terminate this contract and your membership with us at any time if you fail to provide us with the completed and signed DDI in accordance with clause 4.2 or we fail to receive payment from your bank pursuant to any request we make for payment pursuant to the DDI. Such termination will not affect your obligation to pay for any Services already rendered any Annual Membership Fee which is and payable pursuant to these Terms.
12.4 Once your contract and your membership with us with us has terminated, you will no longer be entitled to receive any Services.
12.5 Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe to us under these Terms.
13. Limitations and Exclusions from liability
13.1 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.2 For any loss or damage not excluded pursuant to clause 13.1, our liability to you is limited to the amount of the Annual Membership Fees and other fees that we have received from you in the 12 months before any claim against us arises.
13.3 This clause does not exclude or limit in any way our liability for:
13.3.1 death or personal injury caused by our negligence; or
13.3.2 fraud or fraudulent misrepresentation; or
13.3.3 any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or
13.3.4 any matter for which we cannot exclude or limit our liability under English law.
14. Events outside our control
14.1 We will not be liable or responsible for any delay or failure to provide services that is caused by events outside our reasonable control.
14.2 Events outside our reasonable control may include (but are not limited to) industrial action, civil commotion, terrorist attack, fire, explosion, storm, flood, other natural disaster, inclement weather, transport problems or delays, telecommunication or networks failure and power failure.
15.1 If you have any concerns in relation to the quality of service we provide or wish to contact us for any reason please contact us at firstname.lastname@example.org or call us on +44 7856 659639.
16. Notices and how you can update us of any change in your personal details
16.1 All notices sent by you to us must be sent to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us during our client take-on procedures or which you provide by way of update to us in accordance with clause 16.2. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that the e-mail was sent to the specified e-mail address of the addressee.
16.2 If your email address, postal address, phone number or any other details change, please inform us of this by emailing firstname.lastname@example.org.
17. Applicable law and disputes
17.1 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts in respect of all matters relating to these Terms and otherwise in relation to any services we provide at any time.