Terms

This site is owned and operated by Crystal Networks. By using this site, you accept these terms of use. If you do not accept these terms of use, you must not use the site. Crystal Networks may change the terms of use at any time by posting changes on its site. You must review these terms of use regularly to ensure you are aware of any changes made. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

1. Computer Repair / Network Support Service

Home PC repairs Terms:

No credit terms are available to Home computer users.

All computer repairs undertaken are based on work being agreed and the cost of any work is accepted by the “client” or “company”. Any replacement parts required are purchased and supplied as “New” and any cancellation, change of parts by the client to a different spec must be paid for and extra costs associated.

The client accepts that certain software & hardware faults, which may not be repaired on-site or takes longer time to correct, may require the computer being taken off-site for further investigation and extra costs. All work undertaken has a six-month warranty.

All payments made via cash must be paid in full upon return of computer system. Payment made via PAYPAL or Direct Bank Transfer is direct and once confirmed into our account we will undertake remote support as requested.

Business IT Support Terms:

Terms (Services)
CRYSTAL NETWORKS TERMS AND CONDITIONS RELATING TO SERVICES
These Conditions apply to the Services CRYSTAL NETWORKS provide for users as set out within the ‘Helpdesk & Support’ section of the CRYSTAL NETWORKS website and by ordering the Services, you agree to be bound by the terms and conditions set out below.

THE POLICIES AND MATERIALS SPECIFICALLY REFERRED TO IN THESE CONDITIONS (SUCH AS THE PRIVACY POLICY AND TERMS WHICH ARE ANNEXED TO THESE SERVICES TERMS, AND THE DETAILS OF OUR GOODS AND SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE, SO THESE SHOULD ALSO BE READ CAREFULLY. SUCH POLICIES AND MATERIALS TOGETHER WITH THESE TERMS SHALL SET OUT THE WHOLE OF THE AGREEMENT BETWEEN YOU AND US IN RESPECT OF THE GOODS OR SERVICES. IF THERE IS ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICIES AND MATERIALS INCORPORATED INTO THEM, THESE TERMS SHALL PREVAIL.

The Services comply with appropriate UK legislation but are available to international customers.

“Conditions” means these terms and conditions;

“Personal Information” means the details provided by You to Us;

“Services” means the services You order under the terms of these Conditions;

“Subscription Services” means Services to which You subscribe on an ongoing basis, for example the ‘Helpdesk & Support’ service or technical support Services;

“Us/Our/We” means CRYSTAL NETWORKS, a independently owned and operated self-employed business under the name ‘CRYSTAL NETWORKS’ located at 112-116 Croydon Road, London, SE20 7YZ;

“Website” means the website located at www.pcpal.co.uk or any subsequent URL which may replace such website; and

“You/Your” means an authorised user of the Services.

A. Use of the Services

1. Provision of the Services

1.1. We shall provide the Service in accordance with these Conditions.

2. Rights and Obligations

2.1. You undertake:

2.1.1. to pay the amounts due for the Services in a timely manner;

2.1.2. that the Personal Information which You provide is true, accurate, current and complete in all respects;

2.1.3. to notify Us immediately of any changes to the Personal Information either via Our Website or by emailing Us at support@crystalnetworks.co.uk;

2.1.4. not to impersonate any other person or entity or to use a false name; and

2.1.5 to provide Us with all reasonable courtesy, information and cooperation to enable Us to deliver the Services and You will be responsible for all telephone and postal charges in contacting Us. It is also essential that You comply with those instructions reasonably provided by Us in connection with Our Service. This includes instructions regarding, for example, use of security software.

2.2. 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.

2.3. Unless You have placed an order for Services, We shall not be obliged to give You notice of any such modification or withdrawal.

2.4. Non-Subscription:

2.4.1. You will be subject to the policies and Conditions in force at the time You order the Services, unless We are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders We have not yet fulfilled when the changes took effect, even if Your order was placed previously.

2.4.2. We shall not withdraw or modify to Your substantial detriment any of the Pay As You Go Services for which We have accepted an order from You, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.

2.5. Subscription Services:

2.5.1. If You subscribe to Subscription Services, We will give You prior notice of any withdrawal or modification of the Subscription Services or any changes to these Conditions. Where these changes are to Your substantial detriment, You can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be Your acceptance of such change.

2.6. We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of Our reasonable control.

B. Purchase of Services

3. Orders

3.1. The Services are available only to individuals who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to Us and individuals who are over 18 years old.

3.2. To order the Services, You must provide Your name, phone number, address, payment details and other requested information.

3.3. Your order will be treated as an offer to purchase the Services. The contract will only be completed when We commence the provision of the Services or when We take payment from You, whichever is the earlier.

3.4. You acknowledge that any automated acknowledgement given when You place an order shall not amount to our acceptance of Your offer to purchase the Services.

3.5. We may, at Our own discretion, limit, restrict or reject any order You place at any time prior to the contract having been completed. Where this happens, We will attempt to contact You using Your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that We believe, in our sole discretion, are making use of the Services for profit.

4. Price and Payment

4.1. 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. All prices are exclusive of VAT at current rates.

4.2. You shall provide payment prior to Us providing the Services unless otherwise agreed by Us in writing.

4.3. 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:

4.3.1. where You subscribe to Subscription Services, 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; and/or

4.3.2. where You have ordered non-Subscription Services, cancel this agreement between You and Us; and/or

4.3.3. in any event, charge You interest (before and after any judgment) on the amount unpaid, at the rate of 3% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).

4.4 where You subscribe to Subscription Services and You agree to Us taking monthly payments by either continuous card, Direct Debit authority, Your subscription will automatically renew at the end of each subscription term unless You cancel prior to the end of such subscription term in accordance with clause 5.4 of these Conditions. We will contact You by email to remind you of this 28 days prior to the relevant renewal date.

4.4.1 Where You subscribe to Subscription Services and You agree to pay an upfront fee for a subscription, this is a one off transaction. You will be prompted to renew the subscription on expiry of the subscription term but no payment will be taken unless You manually action the process.

4.4.2 When You subscribe to a support plan, You must provide us with complete and accurate payment information. You can pay by Direct Debit, Standing Order, credit card or debit card. By submitting credit or debit card payment details to us in order to purchase a subscription over the phone or at www.pcpal.co.uk, You agree to make the purchase using those payment details and on a continuous authority basis. Continuous authority means CRYSTAL NETWORKS will continue taking subscription payments for the minimum subscription term and thereafter on a month-to-month basis until you tell us you no longer wish to subscribe. This can be done by emailing support@crystalnetworks.co.uk.
4.4.3 It is important that you include your full name, the email address you are registered with, your membership number and details of the subscription you wish to cancel. You will receive written confirmation that your continuous authority agreement has been cancelled.
4.5. You confirm that, where You pay by payment card, the payment method that is being used is yours.

4.6. All payment methods other than cash 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.

5. Right of Cancellation

5.1. If You are a private consumer and You ordered the Services via telephone or online, 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 with Your agreement. If you have ordered the Services using a registered business name this clause does not apply.

5.2. If You cancel Your contract in this manner, We will refund any monies You have paid to Us within 30 days of Your cancellation.

5.3. Without prejudice to our rights We have under the terms of these Conditions, We reserve the right to terminate the provision of the Services to You at any time by giving You no less than 30 days notice of such termination.

5.4 If You have subscribed to Our Subscription Services You can cancel Your subscription at any time following the expiration of the initial 12 month period by giving no less than 30 days notice of such termination in writing to support@crystalnetworks.co.uk. Cancellation will take effect at the next payment date. You will receive an email from us. The Terms and Conditions relating to the cancellation of your Helpdesk and Support Subscription Service are referred to in clause 18 of this document.

6. Your Personal Information

When You request goods or Services from Us, We will collect certain of Your personal data (as defined in the Data Protection Act 1998) in order to help Us provide the Product or Service to You. This may include, for example, Your first and last names, email address, phone numbers, home address, postal address and billing address. We will also need to collect Your payment details such as credit or debit card details and We may ask You to create a password. We will treat this data with respect and will ensure that We store it securely and use it in accordance with all applicable data protection and privacy laws and consistently with our Privacy Policy.

Important!
It is very important that You read carefully our privacy policy, which You can find on our Website (“Privacy Policy”). The Privacy Policy sets out in the detail of what We may do with Your data and who We may share it with.

6.1. We need to collect certain Personal Information to provide You with the Services. This Personal Information will form part of a record of Your dealings with Us.

6.2. When You contact Us, We may ask for certain Personal Information to be able to check Your identity and We may make a note of this contact if it is relevant to Your record. We will keep Personal Information given to Us by You or others during Your relationship with Us. This includes:

6.2.1. details You give Us on order forms or during communications with You; and

6.2.2. details We receive from credit reference and fraud detection agencies. We may use and update this centrally held information:

6.3.1. for credit and credit related services and to manage Your accounts;

6.3.2. to provide You with other services;

6.3.3. to recover debts;

6.3.4. to prevent and detect fraud;

6.3.5. to update our records about You;

6.3.6. to prevent money laundering; and

6.3.7. to check Your identity.

6.4. We reserve the right to conduct a credit check search on a customer should we suspect any fraudulent activity. We will only conduct such a search when we have sufficient grounds for suspecting such activity. These searches will be recorded by a credit reference agency. We may disclose information about how You run Your accounts to both credit reference and fraud prevention agencies. We and other organisations may also use credit reference and fraud prevention agency records that We receive about You, and people financially linked to You to help make decisions about You and them.

6.5. We may use Your Personal Information for research and statistical analysis to develop and improve our products and services.

6.6. Your Personal Information is confidential and We will only disclose it outside of CRYSTAL NETWORKS when:

6.6.1. You give Us Your consent;

6.6.2. it is needed by certain reputable third parties involved in running accounts and/or providing services for Us (for example, credit reference agencies who do credit checks for Us or companies that We use in the provision of the Services);

6.6.3. it is needed in order to obtain professional advice;

6.6.4. it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);

6.6.5. the law permits or requires it, or any regulatory or governmental body requires it, even without Your consent; or

6.6.6. there is a duty to the public to reveal the Personal Information.

6.7. We may administer Your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, We will have contracts or other legal mechanisms in place to ensure Your Personal Information is adequately protected, and We remain bound by our obligations under the Data Protection Act even when Your Personal Information is processed outside Europe.

6.8. 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 Us and to improve the quality of our customer service.

6.9. Where We process sensitive personal data about You, We will employ appropriate security measures.

6.10. If You would like Us to tell You what information We hold about You, please email support@crystalnetworks.co.uk. We may charge a £10.00 administration fee – please quote Your full name and address on each request.

6.11. If You give Us information about another person, You confirm they have given You permission to provide it to Us and for Us to be able to process their personal information. You must also confirm that You have told them who We are and the basis on which We will use their information.

6.14. If, in receiving a Service from Us, You have given Us Your permission to use our remote control software (the “Remote Support Tools”) to access remotely and take control of Your personal computer or other digital equipment, information may be collected and sent from Your digital equipment to CRYSTAL NETWORKS via an internet connection, including for example:

• The information entered by You into our online interface when requesting the Services;
• The type and version of operating system and internet browser used by Your personal computer and/or other equipment;
• The hardware that You have connected with Your personal computer;
• The application, software and tools that You have on Your personal computer and/or other equipment; and
• Information transmitted to Us by our security software for PCs such as virus, malware and status alerts and activity logs specific to this software.

During Your Service session, the following information may also be collected and sent to Us via a secured connection or from the digital equipment on which the Remote Support Tools or software are installed:

• Installed hardware and peripherals;
• Installed operating system;
• Installed programs and active processes information;
• Application log file information and registry data;
• Browser information including security and temporary file settings;
• System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Remote Support Tools;
• The security status (good/fair/poor) of the computer as determined by the Remote Support Tools or software;
• The number of files scanned, threats found and threats fixed by the Remote Support Tools or software;
• The type of threats found;
• The number and type of threats remaining that have not been fixed by the Remote Support Tools or software;
• Whether a firewall is active; and
• Whether anti-virus software is installed, running and up to date.

6.15 The collected information as set out in this paragraph and 6.14 above (the “Collected Information”) is necessary for the purpose of analysing, diagnosing and resolving the problem You have encountered and optimising the functionality of our Services. For the purposes of providing the Services, CRYSTAL NETWORKS may share the Collected Information with its employees, agents and/or third party service providers who are involved in providing our Services to You. This may involve Us transferring the Collected Information outside of the European Economic Area to countries which may have less protective data protection and privacy laws than the region in which You are situated. Where this is the case, CRYSTAL NETWORKS will require that those persons to have in place adequate protections to safeguard the Collected Information. You hereby consent to the transfer of the Collected Information in accordance with the above.

6.16 We may also disclose the Collected Information if asked to do so by a law enforcement official, as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of internet security risks, We may share certain information with research organisations and other security software vendors (on an anonymised basis only). We may also use anonymised statistics derived from the information to track and publish reports on security risk trends.

6.17 You hereby agree to keep any password created by or provided to You confidential and not to share it with any other person.

C. General

7. Notices

7.1. You may send Us notices under or in connection with these Conditions:

7.1.1. via the internet at www. crystalnetworks.co.uk; or

7.1.2 by email to support@crystalnetworks.co.uk

7.2. Proof of sending does not guarantee our receipt of Your notice. You must ensure that You have received an acknowledgement from Us which should be retained by You.

8. Limitation of Liability

8.1 The Services are provided on a commercially reasonable basis. Although We will provide the Services with reasonable skill and care, We do not give any warranty that (i) the Services, the Site or any goods that We supply will meet Your requirements, (ii) the Services or the Site will be uninterrupted, secure or error-free, (iii) the results that may be obtained from the use of the Services, the Site or any goods that We supply will be accurate or reliable, or (iv) any errors in the Services or the Site will be corrected.

8.2 In relation to any hardware or other equipment that We supply to You in the course of providing the Services, We agree that they will be of satisfactory quality and fit for purpose.

8.3 In relation to the Collection and Delivery Service You are responsible for backing up Your own data prior to transit. We are not responsible for loss of data, loss of goods or any damage caused in transit as it is couriered by a third party.

8.4 We shall not be liable where We are unable (using reasonable effort) to provide the Services as a result of any event outside our reasonable control.

8.5 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.

8.6 We shall not be liable to You for:

(i) any acts or omissions of a telecoms service provider;
(ii) fixing or replacing equipment that We diagnose as faulty;
(iii) any service which is outside the scope of these Terms;
(iv) any failure by Us which results from any material breach by You of the Terms or from Your failure to implement our reasonable recommendations or instructions communicated to You;

8.7 We will not be liable for any loss or damage caused by Us in circumstances where:

8.7.1 there is no breach of a legal duty of care owed to You by Us; and/or

8.7.2 such loss or damage is not reasonably foreseeable.

8.8 We will not be liable for any loss or damage caused wholly or mainly by Your breach of these Conditions.

8.9 Nothing in these Conditions shall:

8.9.1 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

8.9.2 limit Your rights as a consumer under applicable UK law.

8.10 CRYSTAL NETWORKS’s aggregate liability to You and any other person (whether in contract, tort, for breach of statutory duty or otherwise) shall not exceed an amount equal to the fee paid by You for the relevant Service or, in respect of a Service purchased on a subscription basis, the total fees paid by You for that Service during the preceding month.

8.11 Each provision of this clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply even after this agreement has been terminated or cancelled.

9. Events Beyond the Parties Reasonable Control

9.1 If either of Us cannot do what We have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom We are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.

10. Third Parties

10.1 Nobody but You and Us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

11. Assignment

11.1 You may not but We may, assign, charge or otherwise dispose of its rights under this agreement. Any attempt by You to do so shall be void.

12. Handling Complaints

12.1 If You ever wish to complain about our Services, We will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:

12.1.1. by email to: support@crystalnetworks.co.uk;

12.1.2. online at http://www. crystalnetworks.co.uk

12.2. If You are not happy with the way that We deal with any disagreement and You want to take court proceedings, You must do so within the United Kingdom.

13. Call Monitoring

13.1. Monitoring or recording of Your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime. The following additional terms apply to the Services that You have ordered:

D. Technical Support Services

In relation to the Technical Support Services only, the terms listed below shall have the following meaning:

“Equipment” shall mean the equipment in relation to which a Technical Support Service is being ordered;

“In Home Support Service” means the Technical Support Service whereby one of our engineers visits Your home in order to perform the Technical Support Service(s) ordered by You in relation to Your Equipment;

“One-Off Services” means the Pay as You Go (PAYG) Telephone and Remote Support Service, the Pay as You Go (PAYG) In-store Support Service, the Pay as You Go (PAYG) In Home Support Service, the Collection and Delivery Service and any other service provided on a one-off basis outside of the Helpdesk and Support Subscription Service ;

“Pay as You Go (PAYG) Telephone and Remote Support Service” means the Technical Support Service that You can access via Your telephone or online and for which You pay a one-off fee in advance. The Pay as You Go (PAYG) Telephone Support Service may include the Remote Support Service, subject to Your computer or specified smartphone (if compatible) being linked to a fully working internet connection;

“Remote Support Service” means the Technical Support Service as part of which one of our engineers can, if necessary, remotely access Your computer or smartphone (if compatible) in order to determine the problem and either repair it or provide advice on what options are available to fix it;

“Remote Support Tools” means the remote control tools, any other applications and any knowledge and articles owned by Us or by third party licensors and suppliers used by Us to deliver our Remote Support Service.

“Helpdesk and Support Subscription Service ” means any Technical Support Services to which You subscribe on an on-going basis in exchange for a set monthly or annual fee and which, for computers and specified smartphones only, includes the Remote Support Service, subject to Your computer or specified smartphone being linked to a fully working internet connection; and

“Technical Support Services” means the One-Off Services and the Helpdesk and Support Subscription Service s. The Services provided to You under these Conditions depends on the type of Technical Support Service(s) which You have ordered.

“Collection and Delivery Service” means our collection and delivery service for customers outside of our catchment area. This Service shall include the collection (by third party courier) of Your hardware and associated software that cannot easily be brought into the store, for repair by one of our engineers and return back to Your home address.

The options for Technical Support Services are:

(i) the One-Off Support Services, being the Pay as You Go (PAYG) Telephone and Remote Support Service, the Pay as You Go (PAYG) In-store Support Service, the Pay as You Go (PAYG) In Home Support Service, and any other service provided on a one-off basis outside of the Helpdesk and Support Subscription Service . These services are all provided on a One-Off basis for a set fee in relation to a specific problem with a given piece of Equipment; and

(ii) the Helpdesk and Support Subscription Service , which provides ongoing access to Technical Support Services online, remotely, over the telephone, At Home and in-store together with additional benefits such as security software for Windows PCs and Apple Macs and online backup and storage. Not all in-store services are included free of charge as part of the Subscription Support Service. At Home services are offered at a discount to Subscription Support Service subscribers. Inclusive and discounted services may change from time to time, details of which can be found at www.pcpal.co.uk.

Requesting a Service:

(i) To request a One-Off service or to purchase a subscription plan You can contact us via our website at www. crystalnetworks.co.uk or email us at support@crystalnetworks.co.uk

14. General

14.1. You agree to follow our engineer’s reasonable instructions including any security instructions. This may include advice on installing any security software, instructions on how to handle Your Equipment, the manner and frequency by which You switch it on and off and general instructions for use.

14.2. Our Technical Support Services are only available to users that require technical support for domestic use, or for businesses with up to ten (10) users or workstations, subject to the exclusions noted in Clause 14.3.
14.3. We will not supply any of our Technical Support Services or provide support for complex firewall configurations, wide area networks or virtual private networks, multi-subnet networks, VLAN set-up and configuration, enterprise routers, domain or active directory based networks, file servers or file server operating systems or any server support or other complex systems. Cover for these requirements is available through our Business IT Support Plans, details of which can be found at www.pcpal.co.uk/your-business. Separate Terms and Conditions for Services for Business IT Support users are available on request.

14.4 Our service is restricted to providing problem diagnosis and related solutions. We do not accept responsibility for third party application software bugs or inherent software or hardware faults and will refer You to the relevant manufacturer in such cases.

14.5 We will not provide specific application software or hardware support in place of manufacturer warranty support for their own products, nor will We provide production, organisational, creative or training services for specific application software, hardware or Your personal or other data, nor undertake any other tasks that we deem, at our own discretion, fall outside the scope of diagnosis and resolution of technical problems within the scope of the Technical Support Services.

IMPORTANT! PLEASE ALSO REMEMBER THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT IN YOUR COMPUTER(S) AND IN ANY OTHER HARDWARE DEVICES. YOU MUST BACK UP ALL THE FILES, DATA AND SOFTWARE ON YOUR COMPUTER(S) AND OTHER EQUIPMENT BEFORE REQUESTING ANY SERVICES FROM US. ALSO WE ACCEPT NO RESPONSIBILITY FOR THE INTRODUCTION OF ANY VIRUS, MALWARE OR THE LIKE FROM THE PROVISION OF SERVICES BY CRYSTAL NETWORKS AND YOU ARE ADVISED TO PROTECT YOUR COMPUTERS AND OTHER HARDWARE DEVICES AGAINST SUCH INFECTIONS.

IN ADDITION, IF WE WORK WITH YOU ON ANY PROBLEMS WHICH RELATE TO PASSWORD OR OTHER ACCESS CONTROL, WE STRONGLY RECOMMEND THAT YOU RESET SUCH PASSWORD(S) IMMEDIATELY FOLLOWING COMPLETION OR CANCELLATION OF THE SERVICES.

15. Where Your Equipment Contains Software and/or Data

15.1. You must have valid software licences for Your operating system and applications. Where applicable, You must also supply details of the relevant licence keys if We ask You for them.

15.2. Unless We have specifically agreed in writing to provide You with a software back-up service, You must back up any software and data stored on Your Equipment. You agree that, prior to Us performing the Technical Support Service, it is Your entire responsibility to protect Your Equipment and to back-up all data, software, information and other files that are stored on any and all disks and drives You may have.

16. Our Responsibility to You

16.1. We will provide the Technical Support Services to the best of our abilities using reasonable skill and care. We will use reasonable efforts to meet the response and completion times which We convey but actual timings may vary depending, among other factors, on the complexity of problems, availability of staff, remoteness or accessibility of Your location, weather conditions and availability of components.

16.2. We will use reasonable efforts to diagnose and solve problems but may not be able to advise You on all issues or solve all problems that You refer to Us. If We cannot resolve Your problem or address Your need, You will still be liable for fees for time spent by our service representatives in attempting to correct a problem. In the course of providing a Service, We may determine that the issue is beyond the scope of the Service. We may use reasonable efforts to refer You to the appropriate alternative resource, however We may not be able to transfer You directly to an alternate resource.
16.3 Where we undertake a hardware repair for at home or business premises, we guarantee any refurbished or non-branded replacement parts for 90 days. Genuine replacement parts may also come with an additional manufacturer’s warranty.

16.4. There may be a situation where We have quoted a fixed price for a Pay as You Go (PAYG) Support service but can’t advise on or solve a problem, or provide the service, that We had agreed would be included within the fixed price. To the extent this happens, We will not reimburse You for any applicable fee which You have already paid to Us except for the supply of any parts for that particular PAYG service incident.

16.5. Please note that this does not apply to the Helpdesk and Support Subscription Service , which is not provided in relation to any specific issue or problem but as a general, ongoing support service.

16.6. Separately, We may not be able to fulfil any requests that fall outside the agreed scope of our Technical Support Service, in which case no refund will be payable.

16.7. We will not be responsible to You:

16.7.1. for any inherent failures in or caused by any third party products, applications and/or operating systems unless such products, applications or operating systems are supplied by Us;

16.7.2. for the repair or replacement of any of Your Equipment that is found to be faulty (as reasonably diagnosed by Us during the provision of our Technical Support Service to You) unless it was specifically agreed in writing that such repairs services would form part of the Technical Support Service provided to You; and

16.7.3. for any damage caused by Your failure to follow our reasonable advice, recommendations or instructions.

17. Limitation of Liability

17.1. In addition to the provisions of clause 8 of these Conditions, We shall not be liable to You for:

17.1.1. any loss or corruption of data, in accordance with clause 19.3.3, unless We have agreed in writing to provide You with a software back-up service; or

17.1.2. any losses You may suffer arising from Your use of (or failure to use) any anti-virus or anti-malware software including our Security software for Windows PCs and Apple Macs.

18. Specific Provisions Regarding Upgrade or Cancellation of the Technical Support Services

18.1. Remote Support Services (other than as provided through the Helpdesk and Support Subscription Service s) are provided instantaneously and for this reason, there are no cancellation rights in respect of those Technical Support Services.

18.2. Where You subscribe to the Helpdesk and Support Subscription Service online, You enter into a twelve (12) month minimum term contract. You can still cancel at any time but unless Your cancellation is made in accordance with Your rights under clauses 2.5.1 and 5 above, You remain liable for the fees due for Your first 12 months’ subscription to the Helpdesk and Support Subscription Service s and, further, We cannot refund any part of any fees which You may already have paid in advance for Your Helpdesk and Support Subscription Service , including if you purchased a pre-paid Helpdesk and Support Subscription or received it as a gift. You may still be entitled to a refund if the plan has not been redeemed, in accordance with clause 5.4.

18.3. On expiry of the minimum term, where payment is made by continuous authority to your credit or debit card the Helpdesk and Support Subscription Service will continue indefinitely (and You will continue to be charged the fixed monthly fee) unless and until Your Support subscription is cancelled. If you have purchased your Support Subscription by pre-pay online, your subscription will not be automatically renewed, however you will receive a reminder to warn you that your subscription is due to expire or has expired.

18.4. You can cancel Your subscription at any time by giving notice in writing to support@crystalnetworks.co.uk. Cancellation will take effect at the next payment date. You will receive an email from us.

18.5. We may cancel Your Helpdesk and Support Subscription Service any time after the expiry of the minimum term as long as We have given You at least 30 days notice. If We cancel Your subscription in this way with effect from part way through a contract month, and You have already paid in advance for that month’s service, We will refund You in respect of the balance of that month.
18.6. If You choose to cancel Your Support Subscription You will no longer have access to our Security Software or to data that you have backed-up using our online back-up service – CRYSTAL NETWORKS Remote Backup. See Terms and Conditions (Online Backup) for more details.

18.7. You may also purchase additional services in the form of adding additional computers or other upgrades, if available, at any time.

18.8. For In Home Support Services:

18.8.1. If You have ordered the In Home Support Service over the telephone or online, You may cancel or re-schedule a Home Support Service appointment at any time up to 24 hours before the appointment time without charge.

18.8.2. If You miss Your appointment without notifying Us, or if You wish to cancel or re-schedule with less notice than as prescribed in clause 18.8.1. above, We may charge You a cancellation or re-scheduling fee.

19. Data Recovery Service

19.1 We use a suite of third-party data recovery tools in order to attempt the recovery of Your data. We do not warrant that we can recover data from any damaged or defective media presented to us; we undertake the data recovery service on a best endeavours basis only.

19.2 In the event that either the type/level of damage sustained or the fault goes beyond the scope of Our data recovery tools, we will offer you the option of sending your media to our third-party specialist data recovery partner’s facility for inspection.

19.3 The following clauses apply to Our data recovery service:

19.3.1 Authorisation

(i) The customer authorises Us or our agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit customer approval.

(ii) The customer authorises Us, our employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between our facilities and those of our independent contractors and agents.

(iii) The customer hereby represents, warrants, and affirms that he, she, or it is the owner or the authorised representative of the owner of the property and all of the information and data stored on said property. By asking Us to enter into this agreement with You, as the customer, You declare that the foregoing representations are true and correct. You agree to indemnify Us for any claims against Us related to this data recovery.

19.3.2 Failure to claim property

(iv) Any property left with Us unclaimed for 60 days will be disposed of and/or recycled, at which time We shall have no liability to the customer or any third party.
(v) All data recovered will be kept for a period of 21 days after successful delivery to the customer. After this period the data will be destroyed and thereafter no further records will be kept.

19.3.3 Limitation of Liability
(i) We shall not be liable as a result of these terms and conditions or the performance of any data recovery services or evaluation of the possibility of providing data recovery services , for any claims regarding the physical functioning of equipment or media or the condition or existence of data on storage media supplied before, during or after service.
(ii) You understand that data recovery cannot be guaranteed.
(iii) You agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Our option, either (a) additional attempts by Us to recover satisfactory data or (b) a refund of the amount paid by You. The parties acknowledge that the price of Our data recovery services would be much greater if We undertook more extensive liability or promised additional remedies.
(iv) You are aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from Our negligence, and assumes any and all known risks of injury and property damage that may result.
19.3.4 Confidentiality
(i) We agree not to disclose any and all information or data files supplied with, stored on, or recovered from the customer equipment to any third parties except to our employees, independent contractors, lawyers, or agents subject to confidentiality agreements or as required by law.
19.3.5 Payment
(i) Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement.
(ii) Successful data recovery is defined as recovery of data that was not accessible or visible under Your computer operating system.
(iii) The customer agrees to pay for data recovery even if We have only partially recovered the data.
(iv) You are financially responsible for all shipping costs, custom duties and taxes to and from Our premises and our third-party specialist data recovery partner’s facility.
19.3.6 Warranty
(i) We make no warranty, express or implied, and We disclaim any warranty of any kind, for the Data Recovery Services provided.
20. Remote Access Support

20.1. For computers and specified smartphones only, unless You use our In Home Support Service, the Technical Support Service includes Remote Access Support. Where You wish to avail yourself of Remote Access Support, You agree that our engineers are entitled to access Your Equipment remotely to provide You with the Technical Support Services. We will provide Remote Access Support using our dedicated software (the Remote Support Tools) and/or over the telephone, through remote control sessions, through live and automated chat sessions, through email using the internet or by a combination of such mediums. The Remote Support Tools will be used to analyse, diagnose and/or resolve problems and/or provide system optimisation functions. You may use the Remote Support Tools only as part of, or for use with, the Service and for no other purpose. By electing to receive Remote Access Support, You agree to allow Us to use whatever Remote Support Tools We may deem necessary to solve Your problem, including remote control. You understand that if remote control is used, We will not provide You with any residual software from the remote session.

20.2. To use Remote Access Support, all the component parts must be fully working and Your computer must be fully assembled and Your computer must be linked to a fully working, stable and reliable landline broadband connection with a bandwidth of at least 256 Kbits/Sec. Please note that the Remote Access Support service cannot be completed over a mobile modem or dial-up connection.

21. Scope of the One-Off Services

21.1. The scope of the One-Off Services and the applicable fees will be agreed at the time You place Your order for the applicable One-Off Service with Us.

21.2. Unless otherwise agreed in writing, We are only able to provide You with the type of One-Off Service that You ordered and only in relation to the specified Equipment.

21.3. When You take any of our One-Off 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 can’t fix the specific problem in relation to which You booked the One-Off Service, provided You have complied with these Conditions. Otherwise, a cancellation charge may apply.

21.4. If a problem We have fixed occurs again within 5 days with respect to the Pay as You Go (PAYG) Telephone and Remote Support Service, and within 5 days with respect to the Pay as You Go (PAYG) In-store Support Service and the Pay as You Go (PAYG) In Home Support Service, as a direct result of the same cause(s) We identified when We fixed it the first time, provided You have fully complied with these Conditions, We will:

21.4.1. attempt to fix the problem again at no extra charge;

21.5. 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.

21.6. This service warranty excludes any problems caused by defective hardware or other products. It also excludes if YOU have visited harmful websites or attempted to download illegal or unlicensed software or files of any kind.

22. Additional terms relating to the In Home Support Service

22.1. Our In Home Support Service, if You select it, may include setting up and configuring Your home computer or other equipment such as networking peripherals and equipment, fault diagnosis and rectification. However, when You make the appointment with Us, We will agree with You in more detail what the service is that You require as well as the fee in accordance with current rates.

22.2. The In Home Support Service is currently only available to customers in certain areas. Please see http://www.crystalnetworks.co.uk/pc-repairs or contact us at http://www.crystalnetworks.co.uk

22.3. From time to time, We may agree to provide our In Home Support Service to customers in areas outside of 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 a engineer to visit Your home.

22.4. Appointments are subject to availability. We will advise You of current availability when You ring to make an appointment. Please see www.pcpal.co.uk

22.5. Fees for our In Home Support Service are set out on our Website. If, during a visit by one of our engineers, he or she facilitates You in purchasing any goods from Us, information as to the payment terms for those goods is set out in 22.5.1.

22.5.1 Purchase of Third Party Goods and Equipment:

If You take up our In Home Support Service and, during our engineer’s visit to Your home, he or she arranges for You to purchase any equipment, parts or other hardware or Products from Us, then this paragraph will apply. You will be advised of the applicable purchase price at the time. Please note that any such items will have been produced by third party manufacturers. If You become aware that any item is missing and/or defective, You should contact Us (either by telling our engineer on-site during the visit itself or by emailing Us at support@crystalnetworks.co.uk). In any event, You should retain all such items, the original packaging, all accessories, cables and software which came with the hardware (all in the condition in which they were provided to You), so that You can return them to Us. Neither We nor the third party manufacturer will be responsible for any defect which has been caused by You.

22.6 As part of the Services, We may suggest that You acquire, install and use certain third party software If You do so, such third party software will be licensed to You by the respective owner or licensee of the software. You must agree directly to the terms and conditions provided by such third party before installing this software. You should read carefully such third party’s own terms and conditions.
Even where We assist You with the acquisition, installation and/or use of the software, We make no representation or warranty to You regarding any such third party software. If You suffer any issues or problems with this software You should contact the relevant third party directly.

22.7. A person of at least 18 years of age must be present the entire time that our engineer is providing the In Home Support Service. If the engineer arrives at You home to provide our In Home Support Service and no adult is present, service may be denied and a cancellation fee of 100% of the cost of the service may be charged.

22.8. You must provide the engineer with full access to the Equipment to be serviced and such access as is necessary to Your premises. You agree to give Your consent for the engineer to do this and also agree to co-operate fully and provide the engineer with a safe working environment, working space and electrical power. If the engineer 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.

22.9. 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 of 100% of the cost of the service may be charged.

22.10. Our engineer will use reasonable endeavours to keep any appointment You make with Us for our In Home Support Service, but We cannot guarantee that the engineer will arrive on time in each case. If a engineer 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 this happens, You can either agree a rescheduled appointment or You can cancel the In Home Support Service, in which case You shall received a full refund of any fees You may have paid in relation to that In Home Support Service.

23. Helpdesk and Support Subscription Service

23.1. The Helpdesk and Support Subscription Service is subject to fair usage. We may cease or suspend Your use of the Helpdesk and Support Subscription Service if We have reason to believe that You are using it over and above what is reasonable for this type of service at our discretion.

23.2. Please note that We may charge You additional fees if We believe You are not taking the necessary measures to protect and maintain Your computer system (for example through not using appropriate security software).

23.3. Your subscription will only cover three single instance of “Virus Removal” per year, and this remains subject to You having installed up-to-date anti-virus software. Virus Removal includes (but is not limited to) instances such as virus and/or spyware removal and the handling of operating system corruption. Further Advanced Diagnostic and Repair services may be made available to You at an extra cost.

23.4. Use of the Remote Virus Removal service requires Your computer to be linked to a fully working, stable and reliable landline broadband connection with a bandwidth of at least 256 Kbits/Sec. Please note that the Virus Removal service cannot be completed over a mobile modem or dial-up connection.

23.5. We may cancel or suspend Your use of the Helpdesk and Support Subscription Service if We have reason to believe that You are failing to take reasonable care of Your Equipment.

23.6 Subscription Support Services provide support for 1 computers and related computer-connected peripherals as standard.
23.7 You have the option to add further computers to these packages at additional cost as stated on www.pcpal.co.uk.

23.8 Subscription Support subscribers receive priority service over One-Off service users. Priority service is given on a reasonable endeavours basis and is subject to available resource and demand: as such We cannot guarantee that Subscription Support Service users will receive priority service at all times, for example during peak hours.

23.9. Where We contract with a customer to provide Support Plan Services for multiple computers such computers must be located within or registered to the same household or address. The Customer may opt to nominate other users (‘Customer Nominees’) within the same or registered to the same household or address to receive support within the scope of the Support Plan package. Where this is the case, the following additional provisions shall apply:

23.10.1. for the avoidance of doubt, the customer shall be liable for payment of all fees and other amounts in accordance with these Terms and We are not obliged to (and may refuse to) engage in any communications regarding fees, cancellations or other account matters with any Customer Nominee;

23.10.2. the customer hereby warrants and represents that each of his Customer Nominees is requesting the relevant goods and services in accordance with Clause 14 above;

23.10.3. the customer acknowledges that he will be required to provide certain details of each of his Customer Nominees including, for example, first name, surname, email address and whether that Customer Nominee is under 16 years old (“Customer Nominee Information”);

23.10.4. the customer hereby warrants and represents that he has obtained the prior consent of all Customer Nominees to provide the Customer Nominee Information to Us for this purpose and agrees to indemnify Us and hold Us harmless (and continue to keep Us indemnified and held harmless) against all losses We may suffer as a result of any failure to obtain such consent;

23.10.5. the customer acknowledges and agrees that the Fair Usage policy shall be applied in respect of him and all his Customer Nominees; and

23.10.6. the customer hereby acknowledges and agrees that the provisions set out in these Terms will also apply in respect of his Customer Nominees and warrants and agrees that (i) he has brought them to the attention of his Customer Nominees and (ii) each of his Customer Nominees agrees to be bound by such provisions as if he were a party to these Terms.

24. Online Backup and Security Software

24.1. For the duration of Your subscription to the Helpdesk and Support Subscription Service s, You will be entitled to avail yourself of our Online Backup Service and our Security Software for Windows PCs and Apple Macs (F-Secure Internet Security) subject to acceptance by You of the applicable terms and conditions of service, as amended from time to time, of the third parties concerned. Terms and conditions for use of Our Security Software for Windows PCs and Apple Mac, Online Backup Service are available at www.pcpal.co.uk. We make no representation or warranty to you regarding any services provided to you by a third party. For issues concerning liability you should consult the relevant third party’s Terms and Conditions as We are not liable for any acts or omissions of any third party nor any loss or damage caused by a third party.

24.2. The Support Services, Online Backup Services and Security Software are all subject to fair usage. We and/or the applicable third party provider may cease or suspend Your use of these services if We have reason to believe that You are using it over and above what is reasonable for these types of services.

24.3. If this agreement has been cancelled or terminated for any reason, all rights to obtain these services at no additional charge will cease from the date of that termination or cancellation.

24.4. You may cancel Your agreement with either one or both of our third party service providers within 7 working days of the day after accepting the relevant terms and conditions and prior to first using such services. However, as these services are provided at no extra cost, You will not be entitled to any refund if You cancel in this manner.

25. Minimum Requirements for Using Remote Access and Over the Phone Support

25.1 If You wish to use our Remote Access and Over the Phone Support Service, it is essential that You have:
EITHER (in the case of a computer) a personal computer in fully working order which is appropriately licensed:

• Windows® Internet Explorer® 7.0 or higher, Safari 4 and above or Firefox 3 and above
• High Speed Internet Connection (Broadband)
• A processor speed of 1.2Ghz or above
• 512 MB RAM
• An Ethernet or wireless port and a compatible modem or, where applicable, wireless router
• Microsoft® Windows® XP operating system or above (32 bit and 64bit)
• Mac OS X version 10.4.6 and above
• Internet Security Software for Windows PCs requires a minimum specification of Microsoft® Windows® XP operating system or above
• Internet Security Software for Apple Macs requires a minimum specification of Mac OS 10.5 or above

OR (in the case of other relevant equipment) another equivalent item of equipment which is without mechanical failure and has all valid software licences and discs relevant to the equipment and to all applications on the equipment.

For wireless networking the following are also essential:

• All relevant passwords, disk and key codes (as appropriate) for operating systems and Your internet service provider
• If any computers or peripherals are to be networked then they must all be installed and operational (including connection to any broadband modem) before the Technical Support Service is requested and all such computers need to have at least 10MB available hard drive space and 32 MB RAM

We may also require:

• All valid software licenses and discs relevant to Your operating system;
• All valid software licenses and discs relevant to all applications on Your computer;
• All relevant license keys (which must be provided to Us if We request them from You); and/or
• All relevant passwords for Your Operating System(s), password-protected hardware such as Your router, for example.

26. Promotional Offers
From time to time We may also offer our services at promotional prices to customers who meet certain criteria. Such promotions will only be available to those who meet the specific criteria and each such customer may only use a given service once at the promotional price.
27. Trials and Redemption Codes

27.1. Trials and Redemption Codes are made available at our discretion and may not be available for all Services.

27.2. Depending on the type of Trial or Redemption Code, some aspects of the relevant Service may not be fully available to you or may require you to pay to use them. Please refer to the documentation provided to you about your Trial or Redemption Code, or if none has been provided, www.pcpal.co.uk for further details.

Trials

27.3. You cannot use the Services on a Trial basis if you are applying to use the Services under a Redemption Code.

27.4. If you use a Service on a Trial basis, additional usage conditions may apply depending on the type of Trial. We will inform you of any such additional conditions before you begin the Trial and we will confirm those additional conditions to you in writing by email.

27.5. The length of your Trial period will be confirmed to you when you register for the Trial. We will also send you an email confirming your registration and the length of your Trial period.

27.6. You can cancel the Trial at any time during the Trial period. For free Trials, you will not be entitled to any refund or credit from us. For Trials charged at a discount, please refer to the specific service terms for details of what refunds may be payable.

27.7. If you do not cancel at the end of your Trial period and if you receive a subscription service, then your access to the Services will automatically continue on a subscription basis and you will be charged the applicable subscription charges for the Service.

Redemption Codes

27.8. Details of what Services are covered by your Redemption Code are set out at www.pcpal.co.uk. The period covered by your Redemption Code will be stated on the Redemption Code itself or notified to you when you receive the Redemption Code.

27.9. If you use a Service under a Redemption Code, additional usage conditions may apply depending on the type of Redemption Code. We will inform you of any such additional conditions required by us when you receive the Redemption Code. However, if you received the Redemption Code from one of our partners or a third party, you should check whether they have any additional conditions that will apply to you.

27.10. To use a Service under a Redemption Code, you must submit it during the registration process and you will need to prove your entitlement to the Redemption Code. We will send you an email confirming your registration.

27.11. Redemption Codes cannot be exchanged for cash or used to pay for any other services that we provide.

27.12. Unless we give our written permission, Redemption Codes can only be used once and may only be used by the original recipient. If we give our written permission for you to pass Redemption Codes to another person, you may only do so for non-commercial purposes.

27.13. You must not tamper with any security device contained in or on the Redemption Code.

27.14. If we reasonably believe that a Redemption Code is being used unlawfully or in breach of these Terms and Conditions, we may reject the Redemption Code and/or cancel your access to any Services without notifying you. We will not be responsible to you in respect of such rejection or cancellation in these circumstances.

27.15. If you cancel your use of the Services before the end of the Redemption Code period, you will not be entitled to any form of refund or credit from us.
27.16. We will contact you shortly before the end of the Redemption Code period to check whether you wish to continue using the Services. If you wish to continue after the end of the Redemption Code period, you will need to pay the applicable charges for the relevant Service. If you do not wish to continue, your access to the Service under the Redemption Code will end when the Redemption Code period expires.
28. Proprietary Rights
CRYSTAL NETWORKS (or its suppliers or licensors, as the case may be) retains ownership of all intellectual property and other proprietary rights in the Services, in all Products provided to You and in all trade names, trademarks, logos, designs, creative works and service marks associated or displayed with such Products and Services. You shall not remove, deface or obscure any copyright or trademark notices and/or legends or other proprietary notices associated with such Products or Services. You shall not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Tool associated with the Services.

29. Miscellaneous

29.1. Paragraph headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms in any way.

29.2. A reference in these Terms to any other terms, policy, schedule or other document is a reference to them as amended or supplemented from time to time.

29.3. References to a ‘person’ include a firm, partnership, company, corporation, individual and any other legal entity.

29.4. The words ‘include(s)’ and ‘including’ shall be construed as being by way of illustration only and shall not limit the generality of any preceding words.

29.5. You may not transfer any of Your rights or obligations under these Terms to another person. We may transfer all or any of our rights and obligations under these Terms to another suitable or reputable organisation but this will not affect Your rights under these Terms.

29.6. Save in the case of an assignment of the Terms by CRYSTAL NETWORKS, no provision of these Terms shall be enforceable by or confer any rights on a person other than the Customer and CRYSTAL NETWORKS under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

29.7. The Services are not transferable. You may not use the Services on behalf of any third party or with respect to any hardware or software not personally owned by You.

29.8. Any failure by either You or Us to enforce or exercise any right or remedy under these Terms or by law does not constitute a waiver of the right or remedy or any other rights or remedies. Partial exercise of any right under these Terms shall not preclude any further or other exercise of that right or other right under these Terms. Our rights under these Terms may only be waived expressly in writing.

29.9. If any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of these Terms, which shall continue in full force and effect in accordance with these Terms to the fullest extent permitted by law.

29.10. Other than expressly set out elsewhere in the Terms, any notice to be given under these Terms shall be given in writing signed by or on behalf of the party giving it and shall be served by delivering it by hand or sending it by first class post (i) to You at the postal address which You provide Us for correspondence from time to time, or (ii) to Us at the address given below, (as the case may be). Any such notice shall be deemed to have been received (i) immediately if delivered by hand (or, if not between 9 a.m. and 5 p.m. on a working day, at 9 a.m. on the next following working day) or (ii) 72 hours after posting if sent by first class post (or, if not between 9 a.m. and 5 p.m. on a working day, at 9 a.m. on the next following working day).
CRYSTAL NETWORKS’s email address for notices is: support@crystalnetworks.co.uk

Please note that where these Terms refer to Us giving You notice “in writing”, this shall also include SMS sent to the mobile phone number You have provided for correspondence from time to time and/or email to the email address You have provided for correspondence from time to time. Any such notice given by Us by SMS or email shall be deemed to have been received one day after the day on which the SMS or email was sent to the aforementioned mobile phone number or email address (as the case may be). No notices in connection with these Terms may be served by the Customer by SMS, fax or email unless these Terms explicitly state otherwise.

Important! We may send You emails or SMS messages occasionally but We will never send You an email or SMS which asks for Your username or password or directs You to a web page which asks for this information. If You receive any email or SMS which appears to be from CRYSTAL NETWORKS or which You suspect is fraudulent, do not click on any links contained in it and do not provide any credit or debit card details or Your username or password. Please contact Us at support@crystalnetworks.co.uk

29.11 “Working Day” shall mean Monday to Friday excluding public holidays in the United Kingdom.

29.12 References to the masculine gender shall include the feminine and vice versa.

29.13 These Terms and any non-contractual obligations arising in connection with them shall be governed by and construed in accordance with English law. All disputes and claims relating thereto shall be subject to the exclusive jurisdiction of the English Courts.

2. Copyright

All copyright, database rights and other intellectual property rights in all the material on the site including but not limited to site design, structure, page layouts, graphical images, search results and underlying software code. Crystal Networks owns all rights to the rest of the Content.

3. Limited right to use

Subject to all applicable advertisers and third party content licenses, you may access, print and download the Content onto electronic, and none of the text or associated images or graphics are modified in any way; and the text, images and graphics contained therein are not separated from each other in any way; and no part of the content is used for any commercial purpose other than for use by your company or other legal entity not extending to any display to or use involving (paying or prepaying) customers; and all activities are conducted manually without the use of automatic software to perform multiple accesses or any other automated processing of the contents. You may not otherwise copy, collect, distribute, transmit, any of the Content and you may never sell or publish any of the Content, without prior written permission.

Any request for such permission should in the first instance be addressed to Crystal Networks at support@crystalnetworks.co.uk. To the extent you are permitted to reproduce any Content, you must also include in such copies all copyright, trademark or other proprietary notices contained in the Content. All of Crystal Networks rights are reserved.

4. Warranty Disclaimer and Limitation on Liability

The Content is only for general information and use and is not intended to address your particular requirements or considered to be a recommendation of any kind by Crystal Networks.

No oral advice or written information including without limitation the Content given by Crystal Networks or including without limitation any of its directors, employees, suppliers, providers or merchants will create a representation, a warranty or condition nor should you rely on any such information or advice. Crystal Networks is unable to ensure or guarantee the security of any information transmitted over the Internet and we shall not be responsible or liable for any damages or injury that may result from transmitting such information. No oral advice or written information including without limitation the Content given by Crystal Networks or including without limitation any of its directors, employees, suppliers, providers or merchants will create a representation, a warranty or condition nor should you rely on any such information or advice. Crystal Networks is unable to ensure or guarantee the security of any information transmitted over the Internet and we shall not be responsible or liable for any damages or injury that may result from transmitting such information.

IN NO EVENT WILL WE, OUR EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AFFILIATES OR
SUBSIDIARIES, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, OR OTHER CONSEQUENTIAL LOSS FOR ANY USE OF THIS WEB SITE, OR USE OF ANY OTHER LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE TERM “LOSS” INCLUDES, WITHOUT LIMITATION, LEGAL FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

5. Website design Payments

A. WEBSITE PACKAGES: Crystal Networks require a 80% payment up front on “Website Packages” before any work is carried out in respect to the following services; Website design and creating Databases. In the case of larger jobs costing will be tracked with progress reports and reviewed estimates if necessary.

B. WORDPRESS: For any projects selected from the “WordPress” section we require 100% payment upfront. Please note that Wordpress template and Website hosting is NOT included in the prices quoted, we can provide website hosting for you if required at extra £100 per year. The client must decide and purchase the required WP template we suggest Viva themes or use a free WordPress template free themes.

Payment made be in Cash, Direct Debit, PAYPAL and Bank transfer.

Copyright in all artistic and literary works authored by Crystal Networks shall remain the property of Crystal Networks until the total amount payable has been paid and transfer of copyright has been agreed by both Crystal Networks and the Customer.
Crystal Networks to reproduce all artistic and literary works supplied by the Customer to Crystal Networks for the purpose of the Order.

The Customer expressly authorises Crystal Networks to reproduce all and any of such works for the purposes of the Order. The Customer indemnifies and agrees to keep Crystal Networks indemnified against all liability, losses or expenses incurred by Crystal Networks in any way directly or indirectly connected with any breach of copyright in materials supplied by the Customer.

Prices quoted are based on the current cost of production, (materials, labour etc.) and are subject to amendment by Crystal Networks before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order, provided there is no unreasonable delay on the part of Crystal Networks. If there is an alteration to the original order the quotation can be amended to accommodate any changes to materials, quantities and or labour costs. All prices quoted are based on work specified in the quote (or the verbal instructions given at time of order).

Quotes are valid for a period of 7 days from their date. Quotes will be deemed accepted upon the Customer making an order whereby 80% payment has been received.

6. Website Hosting

Crystal networks can provide domain website hosting service packages. The Customer recognises and accepts that any requirement for website hosting maybe subject to further or extra costs both monthly and yearly for such things as Domain names, changes in hosting technical requirements and that the Customer is liable for any such extra costs and NOT Crystal Networks. Crystal Networks will invoice any extra costs to the Customer, failure make payment gives Crystal Networks the right to either with hold the Domain names, website content or terminate services at will.

If the Client has a Domain website hosting already it must be compatable for the use any 3rd party open source application such as WordPress™ and if not. Crystal Networks or the Client may require a Domain website hosting transfer in order to provide a reliable and compatible website hosting service. If for reason a transfer of website hosting is required the client accepts any extra costs for this and does not hold Crystal Networks liable for delays or restrictions.

7. Imagery

Crystal Networks own all the rights of all imagery created and provided. Images, illustrations, type and photography created or provided by Crystal Networks may only be used with Crystal Networks permission. All imagery provided by Crystal Networks should only be used at their discretion at any time. When accepting artwork proofs, the Customer is held fully responsible for accepting all content. This includes design, spelling, grammar and quantity. It is the Customer’s responsibility to request another copy if the proof is difficult to read or if changes are required. The final accepted proof is what will be printed. Your Quotation includes provision for unlimited revisions until final approval by the Customer for the work to go ahead. Crystal Networks reserves the right to charge for any further amendments from the point of acceptance. Revisions after the final artwork has been approved will incur an additional fee. A 80% deposit is required once a design has been chosen, at which point we will develop and finish the contracted work. We offer unlimited changes to any design once an initial payment has been made.

8. Cancellation of Work

The cancellation by the Customer of any work, for any reason whatsoever after the Customer has given permission to commence work, entitles Crystal Networks to payment in full for the work completed up to the cancellation date. No refund will provided for any associated fees already paid for work carried out.

9. Violation of terms of use

Crystal Networks reserves the right without liability to delete any advertisement, message or posting, or take action against any relevant party, at any time, for any reason. Persistent abuse of the terms of use or breach of these guidelines may result in action being taken against the relevant party. These terms of use are in addition to any and all legal rights and remedies that Crystal Networks has from time to time.