Computer Genie

HONEST AND FRIENDLY HELP AND ADVICE FOR PC AND MAC USERS

Wednesday, March 02, 2005

Terms and Conditions

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Please study with care:

We undertake to provide our services as (a) professional computer
consultant/s to you the client under the following terms and conditions:

1. That you the client employ our services at an agreed hourly rate for the duration of the task/s. Our rates (unless agreed otherwise through an alternative negotiation or where a per job rate is agreed), are as follows:

a) Monday to Friday 9 am to 5 p.m. £75 per hour
b) You deliver & collect to/from our address £70 per hour (Off-Site)
Note: this only applies where a quick turn around is NOT required, otherwise the normal On Site rates will apply

c) Telephone/Email Support (9 a.m.-5 p.m. – Mon-Fri) £8 (min. charge)
Pro rata per each 15 minutes thereafter


Please note: In calculating time On Site; any segment of time which falls inside 15 minutes will be rounded up to the nearest 15 minutes.

Please ALSO note: One half hour will be added to ALL On Site visits to cover travelling time.

See ALSO our RATE CARD


2. That we the contractor/s in this case undertake to rectify such problems as you are having with your equipment to the best of our knowledge and to the best of our abilities. (Please see below for installations and upgrades).

In the unlikely event that it is not possible to rectify such problems as you are having with your equipment (as clearly stated by you and agreed on between both parties before the beginning of the contract); there will be NO charge for an Off Site consultation, while in the case of an On Site visit, HALF the normal minimum charge will apply. This provision also exists whereupon it is our advice that it is uneconomical (whether due to the age of the equipment or the likely time involved to do so) to rectify such problems as are said to exist. We will in this case always provide an alternative approach and a likely range of options in order to meet the client’s needs.


3. In the case of installations and/or upgrades: If due to unforeseen circumstances it shall prove that the installation and/or upgrade will not provide the necessary solution to the initial problem, then, once again their will be no charge for the consultation for an Off Site consultation, while in addition there will ALSO be no charge On Site provided that the fault is attributable to mis-diagnosis on our part. Nor will there be any charge for the new equipment as provided by us the contractor/s. However the equipment will remain our property. If, however the client has provided the equipment, then this will remain the property of the client and in addition no obligation or financial penalty of any sort will be due to us the contractor/s. In the case where faulty equipment is provided by the client and is unable to be installed satisfactorily, then ALL time either Off or ON Site is FULLY chargeable.


4. Hardware warranties: In the case of NEW equipment provided by us, the warranty term will in all cases be strictly 12 months. Please note however that as we will be taking any such case of equipment failure up with the manufacturer/agent ourselves, it may not always be possible to provide you with an immediate replacement (depending upon the nature of the equipment provided). However we do undertake to provide a necessary replacement as soon as it is humanly possible, provided such a part (or near match) is still available. There will of course be no charge for the necessary work required to replace such items. Once the 12 month period has expired, we also provide a further 6 month parts only warrantee on our “build-to-order PC’s. In this case, you would not pay for any new parts, but would be liable for the labour costs.

In the case where the equipment was purchased and/or provided by the client, then this warranty remains a matter of negotiation between the client and the agent from where they purchased the equipment. We cannot and will not take responsibility for faulty equipment purchased by the client from a third party even if it is on our advice. However we will be happy to provide such advice as we are able to assist the client in negotiating satisfactorily the return and/or replacement of faulty equipment.


5. Software Solutions:In the case where a purely software related problem is the source of the contract: We, the contractor/s will endeavour to the best of our abilities to resolve the agreed problem to the client’s satisfaction. It will then be a matter for you the client, and ourselves as contractor/s to agree at the end of the contract that the problem has been satisfactorily resolved. Once this “fix” has been verbally agreed and satisfactorily demonstrated, the onus is then on the client to ensure (before we depart) that they are indeed satisfied with the situation. From that point on the responsibility lies squarely with the client as to the continued software functioning of their equipment. It is simply not possible for us as contractor/s to take on responsibility for every single error (and/or other unrelated errors from the initial contract) which may from time to time occur on your equipment. We will however, to the best of our ability, seek to resolve any software related problems we may find on your equipment during the term of the contract and give you the client such advice as we see fit to ensure the continued satisfactory functioning of your equipment. But in any case, once a period of three months has elasped since the completion of the work, NO negotiation will be entered into even if it appears to be a re-occurrence of the original problem.

Further notes on the above: Please note that due to the sheer size and scale and variety of software which often finds it’s way onto client’s machines in this day and age. Whether it be downloaded via the Internet, installed from computer magazine “free” CD-ROMs, or purchased by the client, or indeed even provided free with the machine on purchase: The potential for problems to arise whereupon different pieces of software “clash” with each other - is quite high. Therefore our advice will always be to keep your software installations to a minimum – particularly if you rely on your equipment for business purposes. With computers (as with most things), our experience is that simplicity is the key to satisfactory ease of use. More programmes (and/or bigger and newer software) do not necessarily equate with better efficiency and/or function.

In particular, be aware that newer software (in nearly all cases) requires faster processors and greater Memory and Hard Drive capacity. If you are unsure whether your machine has the capability to run the “latest version” then you should check the “read me” file prior to installation.

In all cases our advice has long been, that if “it’s NOT broken….. Why fix it”! In other words: If your current software is doing everything that you require of it, why would you want to replace or upgrade it?


6. In the case where a client has contracted our services to provide a software and/or system software upgrade whereupon they feel subsequent to the contract being completed that their machine needs upgrading (or replaced) due to the increased “overheads” that are now being incurred due to the “newer” software: The responsibility is the clients and the client’s alone for such performance degradation as may occur or be evident. We will always endeavour to provide the best possible advice and suggest options and alternatives to any course of action before we commence a contract. We will also, to the best of our ability, provide clear guidance as to the capacity/speed of the client’s equipment in comparison with the options they wish to have installed on their equipment. But once the contract has been completed, the client’s satisfaction with the speed at which the new software runs on their machine, is entirely their responsibility.


7. System Software installations: In the case where it is our advice that this is the only way and/or the fastest way to resolve a software/hardware fault on the client’s equipment; the following facts must be studied and understood with care:

There are two types of system software installation:

1. A standard install (over the top of the existing system)
2. A “clean” install (replacing entirely the existing system)

The advantages/disadvantages to each are the following:

Standard Install: None of the users “settings” will be lost. However there is always the possibility that the original problem may still exist after the installation is completed – requiring a clean install.

Clean install: All of the users “settings” will be lost. However, it is likely that any software incompatibilities will have been resolved. This does NOT mean that Any FILES will be LOST!

Where a clean install has been undertaken, it will then be necessary to “re-install” all the users “settings”. In particular, this may mean any or all of the following:

I. Your Internet dial up account and e-mail settings. Therefore you will need to have your username, password and dial up number (and TCP/IP numbers if necessary) to hand. It is NOT our responsibility if you do not have these although we will do our best to help you find them and/or note them before installation.

II. Any serial numbers required for the registration of such
programmes as you have which require these. Once again this is NOT our
responsibility if you do not have them.

III. Installation software for hardware peripherals (i.e. Printers, modems, network cards, scanners etc. – which are not “picked up” by the system software on installation. This is particularly relevant for any peripherals that you installed subsequent to your initial purchase of your computer equipment. Note however that there is usually a way to acquire such software (drivers) via the Internet (or we may even carry the relevant software with us if it is a common type). But in the case where you have lost the relevant software and we are unable to locate on your behalf the correct “drivers” – the responsibility is yours.

IV. Installation CD’s or diskettes for programmes which need to be re-installed subsequent to the “clean” system install (particularly relevant on PC’s - but less of a problem on a Macintosh). If you have borrowed a CD from a friend or “acquired” such software in any way shape or form, which is now not available to you as a result of the “clean install”- please note that we will never condone the use of “illegal” software, nor support it’s use. However the relationship that we have with our clients is something which we undertake in the strictest confidence. But in any case this remains YOUR responsibility.

V. Any other unforeseen issues which arise out of the carrying
out of this resort. We cannot be held responsible for every piece of
software that you have installed on your machine and it’s subsequent return
to satisfactory use following this. The onus is squarely on you as the
client to make us aware of the tasks you carry out (or wish to carry out) on
the machine prior to such action. However we will do our best to question
you carefully about what use you regularly put to your computer equipment
and also do a thorough inspection of your hard drive/s prior to aforesaid
action.


8. Terms and functions of the contract: We will always to the best of our ability question you carefully and at length as to the software you regularly use on your computer and it’s purpose. We will also ask you to think carefully about what it is you want to be able to “continue” to do with your computer equipment as well as what you would like to do (as a quality improvement) now and in the future. This is very much our “brief” as computer consultant/s – coming (as it were) from a position of greater knowledge, to advise you upon what is practical and what is economical. We take this responsibility very seriously, and so you may find that from time to time that we may wish to do some research before we offer informed advice. It is simply not possible to have “complete knowledge” on every subject in the computer industry (or any other for that matter), and so some consideration may have to be given at times.

However, once recommendations are made and advice is accepted and a contract has begun: We will not be held responsible if you as client have with held (whether deliberately or otherwise), information which may determine the terms of the outcome. Nor will we be held responsible if you as client choose to change the terms of the contract (whether by “changing your mind” or “remembering something”) once the contract has commenced. We are fully prepared to be as flexible as we can be and at the end of the day we do not live in a perfect world where everything always goes according to plan, so in that regard you will find with us that there is always room for manoeuvre. But consider carefully the advice that we offer prior to the beginning of the contract for it is simply not possible for us to be held responsible for unrealistic expectations or lack of knowledge on the part of the client that may lead to disappointment.


9. Scope of our knowledge: One of the problem that we often come up against in the computer industry is that some clients seem to expect that if you are a computer consultant then you have a “complete” knowledge of every piece of software ever written and/or every piece of hardware ever built. We do not believe for one moment – such a person exists. Apart from anything else, what with the rate of growth and speed of development in this industry: it is simply not possible to keep abreast of every development worldwide. Nor indeed to keep up with even what ONE major software company (such as Microsoft) is doing in one country. I personally have been involved in this industry for the greater part of 15 years. And in that time I have learned that I am good at what I do because I keep my ear to the ground, I listen to what people tell me and compare it with my own knowledge and draw my own conclusions. In addition I am tenacious and almost always refuse to “give up”. Indeed this is the ROOT of my knowledge. But realise that computers are a lot like people in the respect that they are all different, not so much in terms of the hardware (although this is partly true) but in terms of what software has been installed on them. Much like people, they may take a little while to get to know. So please try to remember that part of the money you are paying us goes towards us “getting to know” your configuration and your requirements.

It is extremely rare that we cannot find either a total “fix” for any given clients’ needs or a “work around” given time. This is one of the reasons that we offer a “no fix – no fee” arrangement. But please read carefully the last paragraph and be sure you have understood this. The simple fact of the matter is that there will be times when we cannot even tell a client HOW we have fixed their computer or indeed what was causing the original problem. Our knowledge exists in terms of having a good overall FEEL for what is occurring (gained over many years in the industry) and providing the fastest and most economic solution. If you take on board all that is written above then we feel sure that we will have a fruitful and satisfying client/consultant experience wherein both parties gain in terms of knowledge and practical advantage.

(March 2008 - subject to change without notice)

Thank you for your interest and custom.

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