1. Our Agreement
1.1. MELBEK provides small businesses or home office users (small business working from home) with one-off assistance, advice, repair or technical support service for your computing devices either via an On-Site Service or Remote Support Service, by appointment.
1.2. By ordering services from MELBEK, you are entering into a Contract with us. The terms below are important and set out our obligations to you and what you are agreeing to.
1.3. The Contract between us will only be formed when we have received a reasonable description of your support request which falls within the scope of our services, received oral, written or by conduct, acceptance of our pricing structure and terms and . If we do not accept your order for any reason, we will refund any payments already made. If you visit us in-store, the Contract will be formed when we indicate that we have accepted your offer to purchase our Services subject to these Terms by taking payment from you or when we commence the Services, if earlier.
- “MELBEK” or “MELBEK Engineer” or “engineer” means a member of the MELBEK team or a licensed franchisee of ours only.
- “You” means the client who shall be treated as a business/ commercial or domestic client according to our reasonable discretion.
- “On-Site Services” means one of our MELBEK engineers visits your home office or business premises in order to perform technical support services for your computing devices.
- “Remote Support Services” means securely accessing your computer from another location via your broadband (not dial-up) internet connection and/or advising your via the telephone, email or online chat.
- “Hardware” means computer systems (excluding software) and related parts.
- “Software” means software products whether owned by customer or licensed directly to customer from a third party.
- “Data” means software, data, documents, information and/or other files.
- “Product” or “Products” includes Hardware and Software.
- “Service” or “Services” include assistance, advice or technical support services for your computing devices.
- “Peripheral” means any device with an external connection to the computer system such as printers, monitors, webcam and scanners.
- “Domain name” means any domain name with any extension, for example. melbek.co.uk, .com
3. Customer acknowledgment
3.1. Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product or Service from MELBEK via telephone, email or our helpdesk.
3.2. Unless otherwise agreed in writing before work commences, between MELBEK and the customer, these standard Terms and Conditions apply to all work undertaken by MELBEK on behalf of the customer.
4. Non-exhaustive list of types of work carried out and explanation of terms:-
Consulting: seeking advice from a MELBEK engineer.
Diagnosis: Software and/or hardware, and/or system analysis, and diagnosis of existing and potential problems, improvements, usage and impacts.
Specification: Software and/or hardware, and/or system specification, based upon analysis of customer requirements input, environment, how used and needs.
Design: Supply of software and/or hardware, and/or system design(s), prototype(s) or production unit(s); including where appropriate – documentation, manual(s), spares kit(s), prototype(s) and production unit(s).
Contracting: Software writing to customer supplied specification of programme requirements, including user interaction methods if any, programme function, programme error reporting, environment and platform to be used in, language(s) to be used. Contracting of another specified function as agreed beforehand.
Installation: Installation, cabling, setup and configuration of customer supplied equipment for customer’s application within one building on one site.
Prices: Work is charged according the job and you will be quoted accordingly.
Copyright: MELBEK will hold copyright on all work carried out, however MELBEK may release copyright to the customer should this be requested in writing.
5. Terms of Payment
5.1. All customers who have not specifically agreed credit terms are immediately required to pay the full amount or remaining amount to be paid at completion of the agreed ad-hoc work.
5.2. For customers who have specifically agreed individual credit invoicing terms in writing, payment is on a 14 calendar days net basis, from date of invoice, payable by cash, cheque, electronic transfer of funds, BACS payment or bankers draft in the favour of MELBEK and not to any other payee or nominee.
5.3. In those circumstances where we have agreed any credit terms with you in writing, if you fail to make full payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% a year above the base rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
5.4. We reserve the right to seek payment for bank fees incurred with regards to bounced or returned cheques, including those stamped with ‘Refer to Drawer’ and these may also be subject to a £10 administration charge.
5.5. Work involving design or supply of hardware requires a 50% deposit of cleared funds prior to the ordering of products/ software or start of any work.
5.6. The Contract will terminate upon completion of the agreed Onsite or Remote Support services work.
5.7. MELBEK charges a minimum 1 hour’s labour charge, which is payable upon agreement to booking an appointment, regardless of whether an engineer has remained on-site for a full hour.
6. Commencement of Work
6.1. Work will commence at the prior agreed time and place between MELBEK and the customer, upon receipt of Purchase Order(s) or completion of a Job Sheet via telephone or (at our discretion) by email or in person.
6.2. The customer will ensure that you or your representative (who must be at least 18 years old) must be present for the entire duration of our visit and have a basic knowledge of the service required or any problems encountered must be present, provide the MELBEK engineer with the requested username/password/access details required to facilitate diagnosis or repair and will agree to follow our reasonable instructions.
6.3. Your computer system should have Microsoft Windows operating.
6.4. The Contract will terminate upon completion of the agreed Onsite or Remote Support services work.
6.5. MELBEK charges a minimum 1 hour’s labour charge, which is payable upon agreement to booking an appointment, regardless of whether an engineer has remained on-site for a full hour.
6.6. MELBEK will send a full invoice via email to the customer. Copies of Invoices may be available upon request, at our discretion.
6.7. MELBEK engineer will still reasonably try and complete the requested service but as earlier Microsoft operating systems are not supported by the respective vendor, you agreed that your chances of a successful resolution may be limited. If any your software is or appears to be unlicensed or fails the vendor’s activation procedure, we may not be able perform a repair without the need for you to purchase a valid software licence.
6.8. If you do not comply with any of the provisions of this Clause 6, our On-site Services may be denied and a cancellation fee of 100% of the cost of the Services may be charged.
6.9. The Contract will terminate upon completion of the agreed ad-hoc work.
6.10. Our services exclude support for the following: Microsoft Windows Home Server, Oracle or Android operating systems. Non Microsoft software or devices
6.11. You agree to a 2 hour appointment window (meaning a MELBEK engineer will arrive at any time within those 2 hours). Our MELBEK engineers will use reasonable endeavours to adhere to any appointment times for On-site Support, but we cannot always guarantee on time arrival. In case of delay, our MELBEK engineer will normally contact you to advise you of any delay. From time to time factors outside our reasonable control mean that we may have to reschedule an appointment. In such circumstances you can reschedule or cancel the appointment without penalty.
7. Domain names,
7.1 We will register a domain on your behalf at the following rates, unless an alternative price is agreed with you beforehand.
.uk £22.00 + VAT
.com, .org, .net £55.00 + VAT
7.2 A domain name will only be renewed once MELBEK have received full payment for the domain name renewal.
7.3 If your domain name expires or you do not wish to renew it, then we will let your domain expire and it will become available for another party to register. You will be notified by email before expiry to remind you.
7.4 Moving your domain name to another Registrar requires written confirmation from you, once this is received we will action the domain name move within 48 hours unless agreed otherwise, there is no charge for this service.
Ownership of goods, software, parts, services, or results of services remains the property of MELBEK and is transferred upon receipt of all payments (cleared funds) in full.
9. Limitation of Remedies and Damages
9.1. Customer agrees that MELBEK’s liability and customer’s sole and exclusive remedy pursuant to any claim of any kind, including, but not limited to, a claim in contract, tort, negligence or strict liability shall be (i) repair or replacement, at MELBEK’s option, of defective Hardware or parts thereof, or (ii) a refund of the price allocable to the defective Hardware or part thereof if MELBEK is unable to effectively repair or replace such defect within a reasonable time. Customer shall not be entitled to a refund of any service charges paid to MELBEK. Any replacement Hardware or parts shall be new or serviceable used Hardware or parts and are warranted for the remainder of the original warranty period. UNDER NO CIRCUMSTANCES SHALL MELBEK OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE, LOST PRODUCTION, LOST DATA, OR COST OF REPLACEMENT HARDWARE OR SOFTWARE.
9.2. Customer acknowledges and agrees that the performance of certain repair services to customer’s Hardware by MELBEK may void certain warranties provided by the manufacturer of such Hardware. CUSTOMER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL MELBEK. OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY ACTUAL, COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
10. Errors, Omissions & Exceptions
10.1. MELBEK makes every effort to ensure the accuracy of the information published in our literature, quotes and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. MELBEK makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.
10.2. If an error is made and a product is listed at an incorrect price, MELBEK shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, MELBEK shall immediately issue a credit in the amount of the incorrect price.
10.3. We do not guarantee MELBEK prices listed on other Web sites or price engines.
Unless described in the exceptions section, all hardware is warranted for 6 months from the date of supply. This applies only to the parts supplied by MELBEK, and all warranties are voided if the product is not as sold, modified by customer or parties acting upon the customer’s behalf, or the product is used or has suffered from use or events that it was not designed for, or beyond the control of the customer and/or MELBEK. This also include faults caused by the failure of other components after the repair has taken place, or by faults caused through the incorrect use of software or downloaded material, or by faults arising from accidental damage or incorrect use of the product. Any warranty on services or results of services are made solely at the discretion of MELBEK. All warranties commence from the date of invoice or receipt to the customer from MELBEK.
12. Customer Specified/Supplied Equipment
Where work is carried out using equipment and/or software and/or procedures and/or facilities, supplied or at the instruction of the customer, which is then found to be faulty, all work carried out to identify and rectify the problem is chargeable in addition to any quote or order at the suitable rate to the customer. Whether directly instructed to carry this out or not by the customer, when this has to be carried out in order to complete the work for the customer. All warranties on any such repairs, modifications and/or rectification of problems, are the responsibility of the customer to arrange with parties who actually perform said tasks.
13.1. These conditions are liable to change from time to time, without prior notice or notification.
13.2. If you are a business, these terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
13.3. We and you do not intend that any of these terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.4. MELBEK makes every effort to ensure that the information published on this site is correct. However, we do not either warrant or assume any legal liability for the accuracy of any information disclosed.
13.5. MELBEK is not responsible for the contents of any off-site pages or links referenced. The presence of a hyperlink from a page does not imply any kind of endorsement of the content of these pages or links by MELBEK.
13.6. MELBEK cannot be held responsible for any special, direct, indirect or consequential loss or damage to users’ computers resulting from the use of this website or its services.
13.7. Please note that each area is independently owned and operated by a franchisee, under licence from MELBEK Franchising Ltd. This means you will benefit from a local service, supported by a major national organisation.
13.8. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.9. All contents of the www.MELBEK.co.uk website are Copyright © 2014 MELBEK Technology Ltd. All rights reserved. Reproduction, in whole or in part, in English or in other languages, is strictly prohibited.