GEEKS ON WHEELS LTD TERMS AND CONDITIONS OF SERVICE
GEEKS ON LTD ("GOWL"), owners of the Geeks-on-Wheels brand name, trademarks and intellectual property, provides mobile on-site computer maintenance, support and consulting services ("the services"). The services are provided to the Customer subject to the following Terms and Conditions of Service. The Customer agrees that by confirming a booking the Customer agrees to the Terms and Conditions of Service set out herein.
Appointments and Rates
GOWL will attend the Customer's premises at the pre-arranged time.
The Customer will pay for the services provided, at the following rates:
Residential customers outside the M25 Area:
Call-out (including the first hour's attendance) - £65.00 ex. VAT
For each subsequent half hour or part there-of - £30.00 ex. VAT
Business customers outside the M25 Area:
Call-out (including the first hour's attendance) - £75.00 ex. VAT
For each subsequent half hour or part there-of - £37.50 ex. VAT
Residential customers within the M25 Area, London:
Call-out (including the first hour's attendance) - £75.00 ex. VAT
For each subsequent half hour or part there-of - £37.50 ex. VAT
Business customers within the M25 Area, London:
Call-out (including the first hour's attendance) - £85.00 ex. VAT
For each subsequent half hour or part there-of - £42.50 ex. VAT
GOWL normal working hours are Monday-Friday, 08:00 - 21:00, Saturday-Sunday, 09:00 – 17:00. The Customer shall remain at the Customer's home or premises while GOWL employees are in attendance.
If you are paying with a company charge or company credit card you will be charged business rates.
Any parking charges incurred will be charged to a customer
Cancellation of any appointment must be advised to GOWL no later than 3 business hours prior to an appointment. GOWL reserves the right to invoice any Customer where cancellation occurs less than three hours prior to any appointment.
"No Fix No Fee" Policy
The ‘no fix no fee’ policy applies to home users only. The ‘no fix no fee’ does NOT apply to business users.
If the engineer can offer a solution but the customer chooses not to proceed then the customer will be charged for the time spent on site to that point.
If the engineer is only prevented from resolving a problem because the customer does not posses the appropriate software disks or product serial numbers the customer will be charged for the time spent on site to that point.
If the engineer diagnoses a fault with a customers Internet Service Provider, even when the ISP attempt to deny any fault the customer will be charged our standard rates for the time spent on-site.
The Customer will pay GOWL the amount stated on the invoice/work report at the time GOWL attends the Customer's premises. GOWL will attend the Customer's premises for the period agreed by the Customer prior to or at the commencement of the appointment.
GOWL will endeavour to diagnose and/or remedy the problem(s) described by the Customer at the commencement of the appointment. If the problem(s) has not been remedied at the end of the first hour of GOWL attendance, GOWL will discuss with the Customer the options available.
The Customer may ask GOWL to continue working on the problem(s) or make a further appointment. The Customer may terminate the appointment at any time. On termination the Customer will pay GOWL the amount incurred in respect of any additional time, if any, beyond the first hour's attendance.
Payment is to be made via cash or card. Cards accepted are Visa, MasterCard, Delta, Solo, JCB or Switch. In the event of non-payment or default GOWL will charge interest at the rate of 15 percent per annum from the date of the invoice up to and including the date payment is made in full. AS OF MARCH 2010 GOWL DO NOT ACCEPT CHEQUES AS A FORM OF PAYMENT.
GOWL accepts no liability in respect of any problem(s) it may not remedy due to any matter beyond its control including but not limited to the age, specification or condition of the Customer's hardware or software, Customer's failure to provide appropriate software discs, drivers or product serial numbers or any fault with the Customer's Internet Service Provider.
The Customer hereby confirms that a full back-up of the Customer's hard-drive has been made prior to GOWL commencing the services and that there is no legal restriction or impediment to GOWL providing services to the Customer.
Under no circumstances shall GOWL be liable either in contract, tort or otherwise, to the Customer, its employees, agents, or any third party, for any injury or damages, including without limitation, any direct, indirect, special or consequential damages, expenses, costs, profits, lost savings or earnings, interruption to business activity, lost or corrupted data, or other liability arising out of, or related to the services provided by GOWL or out of the installation, de-installation, use of, or inability to use the Customer's computer equipment, hardware, software or peripherals.
The Customer will, upon demand, indemnify GOWL in respect of any loss, damage or injury arising from the provision of the services. For the avoidance of doubt GOWL has no liability for Customer data lost or damage incurred in any circumstances whatsoever.
GOWL will maintain the confidentiality of the Customer's files and/or data and undertakes not to provide any Customer information to any third party save in the event it is lawfully required to do so. GOWL reserves the right to refuse the provision of services for any reason including but not limited to circumstances such as the presence of unlicensed or illegal software or material or material of an obscene or pornographic nature on a Customer's computer. If for such reason GOWL terminates the services the Customer shall be liable for and pay to GOWL, at that time, the charges incurred in respect of time spent, in accordance with clause 3 above.
Goods provided by GOWL
GOWL may make recommendations to the Customer or the Customer may request that a product be provided by GOWL in order that GOWL can perform the services.
All expressed or implied warranties, description, representations and conditions as to fitness or suitability for any purpose in respect of the services, including in respect of any product, including but not limited to any item of software, hardware or peripheral provided by GOWL, are expressly excluded.
For the avoidance of doubt, GOWL has no liability as to the suitability for the performance of the services, of any product manufactured, sold or supplied by any third party, whether or not that product has been recommended to the Customer by GOWL. Any hardware, software or equipment provided to the Customer shall remain the property of GOWL until full payment is received.
Return Visit & Complaints Policy
In the event of any dissatisfaction with the service provided by GOWL, the Customer should immediately contact GOWL on 0800 107 4111 (Outside of the M25) or 0800 107 4110 (Within the M25, London). GOWL will make an appointment for a return visit by the Geek. The Geek will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of GOWL, the Customer shall pay for the additional time incurred at GOWL normal rates. If the problem arose directly as a result of GOWL previous attendance no further charge shall be made.
Geeks on Wheels Cloud Backup Service
These terms of service ("Terms") govern your access and use of all Geeks on Wheels Livedrive Backup services so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Geeks on Wheels Livedrive Backup and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to Geeks on Wheels Livedrive Backup (together, "your files"). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Geeks on Wheels Livedrive Backup has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Geeks on Wheels Livedrive Backup has no responsibility for that activity.
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package ("Software"). Geeks on Wheels Livedrive Backup hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Geeks on Wheels Livedrive Backup of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Geeks on Wheels Livedrive Backup, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Geeks on Wheels Livedrive Backup, are responsible for maintaining and protecting all of your files. Geeks on Wheels Livedrive Backup will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Geeks on Wheels Livedrive Backup will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Geeks on Wheels Livedrive Backup, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Geeks on Wheels Livedrive Backup HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO Geeks on Wheels Livedrive Backup FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to Geeks on Wheels Livedrive Backup relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Geeks on Wheels Livedrive Backup with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Geeks on Wheels Livedrive Backup’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Geeks on Wheels Livedrive Backup may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Geeks on Wheels Livedrive Backup and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Money Back Guarantee
Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period.
If you do not claim a refund of fees during this period then no refund will be due.
Money back guarantee is valid for a period of 14 days.
All charges payable by you for the Geeks on Wheels Livedrive Backup Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the Geeks on Wheels Livedrive Backup Services.
80% of the first year's fees charged for any Geeks on Wheels Livedrive Backup service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the Geeks on Wheels Livedrive Backup Services. Geeks on Wheels Livedrive Backup will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the Geeks on Wheels Livedrive Backup trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Geeks on Wheels Livedrive Backup Backup
Some services, including the Geeks on Wheels Livedrive Backup Backup and Geeks on Wheels Livedrive Backup Pro Suite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.
There is a limit of 5TB for any single external drive including NAS devices and USB drives.
With the exception of our business service, services that include Geeks on Wheels Livedrive Backup Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the Geeks on Wheels Livedrive Backup software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Geeks on Wheels Livedrive Backup will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
1. The Information We Collect And Store
We may collect and store the following information when running the Geeks on Wheels Livedrive Backup Service:
Information You Provide: When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. You may also provide us with your contacts' email addresses when sharing folders or files with them.
Files: We collect and store the files you upload, download, or access with the Cloud Backup Service ("Files"). If you add a file to your Geeks on Wheels Livedrive Backup that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Log Data: When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol ("IP") address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, physical system information, metadata concerning your Files, and other interactions with the Service.
Cookies: We also use "cookies" to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use "persistent cookies" to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
2. How We Use Personal Information
Personal Information: In the course of using the Service, we may collect personal information that can be used to contact or identify you ("Personal Information"). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.
Geo-Location Information: Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos you place in Geeks on Wheels Livedrive Backup may contain recorded location information. We may use this information to optimize your experience. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
3. Information Sharing and Disclosure
Your Use: We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.
Compliance with Laws and Law Enforcement Requests; Protection of Geeks on Wheels Livedrive Backup's Rights: We may disclose to parties outside Geeks on Wheels Livedrive Backup files stored in your Geeks on Wheels Livedrive Backup and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Geeks on Wheels Livedrive Backup or its users; or (d) to protect Geeks on Wheels Livedrive Backup’s property rights. If we provide your Geeks on Wheels Livedrive Backup files to a law enforcement agency as set forth above, we will remove Geeks on Wheels Livedrive Backup’s encryption from the files before providing them to law enforcement. However, Geeks on Wheels Livedrive Backup will not be able to decrypt any files that you encrypted prior to storing them on Geeks on Wheels Livedrive Backup.
Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
4. Changing or Deleting Your Information
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "account settings". If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.
5. Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
6. Geeks on Wheels Livedrive Backup Community
Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.