Gravity PC Support Services
1.1 The following services (as further detailed on www.gravityinfosol.com) are available from Gravity PC Support Ltd:
1.1.1 Remote Desktop Support
If you take this service, we will provide you with either of the following services over the telephone for a one-off fee or as part of the Gravity PC Support Subscription Service:
(i) If you choose the ‘Set-Up And Install ’ option, we will advise you on any queries you have about the set up of your hardware, operating system(s) and applications on your home computer; and
(ii) If you choose the ‘Support or Repair’ option, we will attempt problem diagnosis and a solution. For further details of what is included within the scope of service for each of the Set Up, Support and Repair, etc., options, details of the maximum permitted call length per session for these services and details of the related session fees, please see www.gravityinfosol.com. Additional terms and conditions for the Gravity PC Support Subscription Service can be found attached to this document.
1.1.2 Home/Office Visit Support
If you take our Home/Office Support Service, we will agree the scope of the services to be provided to you and the applicable fee at the time you place your order with us. The service we provide to you may include set up and configuration of your home computer(s), including:
(i) Networking peripherals and equipment;
(ii) Networking fully licensed original copies of software; and
(iii) Networking fault diagnosis and rectification.
Our Home/Office Support Service is currently only available to customers in selected post-codes within the London and Greater London area by pre-booked appointment. For details of the applicable post-codes and our schedule of fees, please see www.gravityinfosol.com. From time to time, we may agree to provide our Home/Office Support service to customers in post-codes outside 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 Gravity PC Support technician to visit your home.
1.2 Our services are only available to consumers who require technical support for home-related and for business-related purposes.
2 How To Get Our Services
2.1 You can access our Remote Desktop Support Service at any time.
2.2 If you wish to make an appointment for our Home/Office Visit Support Service, you can siply email us at info@gravityinfosol.com . Appointments for our Home/Office Support Service can be made for any time during the specified working hours. However, if you wish to make an appointment for a Gravity PC Support technician to visit your home after 10pm at night and before 8am in the morning, you may also have to pay an additional fee. Appointments are also subject to availability. We will advise you of current availability when you ring to make an appointment. Please see www.gravityinfosol.com.
2.3 We may monitor and record calls to this number for quality and training purposes.
3 Minimum Requirements for our Services
3.1 If you take either of our services, you must have a fully working and licensed personal computer meeting the following minimum requirements:
(i) Windows 2000 (or a more recent version), XP or Vista operating system;
(ii) Processor speed of 233MHz or above;
(iii) 256MB RAM;
(iv) 200MB available hard drive space;
(v) an available USB, Ethernet or wireless port; and
(vi) a compatible modem or, where applicable, wireless router.
3.2 The following additional system requirements also apply for wireless networking:
(i) All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM;
(ii) Password(s) for operating systems and / or your Internet Service Provider must be available at the time of service;
(iii) Your Operating System disc and Key Code must be available at the time of service;
(iv) All computers and peripherals to be networked must be installed and operational prior to the time of service, including connection any broadband modem.
4 Your Responsibilities
4.1 If you take either of our services, we will provide the service to you subject to the following conditions:
4.1.1 You must have valid software licences for your operating system and all applications on your computer(s). You must supply details of the relevant licence keys if we ask you for them.
4.1.2 You must back up your Software and Data. You agree that prior to contacting us to perform diagnostic repairs or to provide other technical support on or in connection with your computer(s), and either on-site or remotely, it is your entire responsibility to protect your personal computer and to back-up all data, software, information and other files that are stored on any and all computer disks and drives you may have.
4.1.3 You must make sure an adult is present. For any on-site services that we supply, a person of at least 13 years or above of age must be present the entire time that our technician is providing the services. If the Gravity PC Support technician arrives at you home to provide our service and no adult is present, service may be denied and a cancellation fee as specified in our schedule of prices at www.gravityinfosol.com may be charged.
4.1.4 You agree to follow our reasonable instructions, including any security instructions. This may include installing any equipment of software that we advise and following any other reasonable instructions that we may give you about the service we provide.
4.1.5 You must give us access as follows.
(i) Remote Desktop Support - Gravity PC Support’s technician will ask you for consent to access your computer using our remote access facility before or during the provision of this service. You will only be asked to allow remote access before each session. You must agree to this access to enable us to provide the service. If you do not, we may not be able to provide the service to you.
(ii) Home/Office Visit Support - You must provide the Gravity PC Support technician with full access to the computer(s) and / or peripheral(s) to be serviced and such access as is necessary to your residence. You agree to give your consent for the technician to do this and also agree to co-operate fully and provide the technician with a safe working environment, working space and electrical power. If the Gravity PC Support technician 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, and then service may be denied.
4.2 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 as specified in our schedule of fees and prices at www.gravityinfosol.com.
5 Our responsibility to you
5.1 We may not be able to advise on all issues or to repair or solve all problems that you ask us to, but to the extent that we cannot advise on an issue or repair or solve a problem that we agreed was included in the scope of our services then we will refund any applicable fee paid by you to us. Separately we may not be able to fulfil any service requests that fall outside the agreed scope of our services, in which case no refund will be payable.
5.2 We will not be responsible to you:
(i) For any inherent failures in or caused by the supported applications and operating systems or third party products supplied by us;
(ii) For the repair or replacement of any equipment that is faulty (as reasonably diagnosed by us during the provision of our service to you);
(iii) For any failure by you to follow our reasonable advice, recommendations or instructions; (iv) If either we, including without limitation any of our technicians, agents, contractors or third party service providers are impaired or stopped from providing the service by you for any reason whatsoever or are otherwise unable to provide a service to you as a result of any event that is outside our reasonable control;
(v) For any damage to your hardware or equipment.
5.3 Our Gravity PC Support technician will use reasonable endeavours to keep any appointment you make with us for our Home Support Service, but we cannot guarantee that the technician will arrive on time in each case. If a technician 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 we have to do this, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment due to circumstances beyond our reasonable control.
5.4 Nothing in these terms of service shall exclude or limit our liability for death or personal injury caused by our negligence or that of our technicians or agents, or for any liability arising under Part I of the Consumer Protection Act 1987.
5.5 We shall not be liable to you for:
(i) Any loss that is not reasonably foreseeable;
(ii) Any loss calculated by reference to profits, income, or business (or loss of such profits, income, or business);
(iii) Any loss of goodwill;
(iv) Any loss or corruption of data; or
(v) Any losses you may suffer arising from your use of (or failure to use) any anti-virus software.
5.6 We do not accept liability for the acts or omissions of any providers of telecommunication services.
5.7 Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £1,000 for any one incident or series of related incidents.
5.8 The limitations of liability set out in this clause 5, are in addition to any other provisions limiting our liability set out elsewhere in these terms of service.
5.9 Nothing in these terms of service shall impose any liability on us in respect of non-performance of a service where the performance claimed is outside these terms of service or where such non-performance is directly due to your acts, omissions, negligence or default.
5.10 We shall have no responsibility to you for any goods, services, information, software or other materials that you use or obtain when using your personal computer whether offline or online for accessing the internet (including e-mail).
6 Gravity PC Support Promise
6.1 No Fix, No Fee for Incident based support. When you take either of our 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 are unable to fix the problem, provided you have fully complied with these terms of service. If you have not complied with these terms of service, a cancellation charge may apply.
6.2 Remote Desktop Support: If you take our Remote Desktop Support Service and the problem we have fixed occurs again within 5 days as a direct result of the same cause(s) we identified when we fixed it for you the first time, provided you have fully complied with these terms of service, we will:
(i) Try again to fix the problem at no extra charge; and
(ii) If we cannot then fix the problem again, we will return your money at the full purchase price for the services performed.
6.3 Home/Office Visit Support: If you take our Home Support Service and the problem we have fixed occurs again within 7 days as a direct result of the same cause(s) we identified when we fixed it for you the first time, provided you have fully complied with these terms of service, we will:
(i) Try again to fix the problem at no extra charge; and
(ii) If we cannot then fix the problem again, we will return your money at the full purchase price for the services performed.
Exclusions: 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. This service warranty excludes any defective hardware or other products.
7 Charges and Payment
7.1 Details of our current prices and payment terms for each of our Services are at www.gravityinfosol.com .
7.2 Remote Desktop Support. Charges for this service are included in your monthly subscription charges. A call may last up to forty-five minutes. If you need to extend the time of your call, you may be required to call back again.
7.3 Home Support.
(i) The charge for a Gravity PC Support technician to visit your home and supply this service is based on a forty-five minute appointment, but notwithstanding this time slot you acknowledge that in visiting your home we will be using a reasonable amount of time to complete the job (which may be more than 45 minutes), unless you instruct us otherwise. If you do not use all of the allowed 45-minute time slot, you will not receive any discount or refund for the unused period and you may not save it for a further visit. If we stay longer than the 45-minute time slot (in using a reasonable amount of time to complete the job) or if you otherwise need to extend the period of your appointment, you may be required to pay an additional charge or to make a further appointment at another time. The Gravity PC Support technician will advise you of this during the appointment.
(ii) You agree to pay us the applicable fee upon completion of the appointment by either logging on to our website and completing the appropriate payment process (the Gravity PC Support technician will advise you how to do this) and authorising us to take the relevant fee from you using the details you have provided.
7.4 You also agree to pay us for any goods that we provide to you and any charge for a cancellation, re-scheduled or missed appointment that you may be obliged to pay us in accordance with these terms of service.
8 What happens if you want to cancel, re-schedule or if you miss an appointment
8.1 Cancelling or Re-Scheduling an Appointment. You may cancel or re-schedule a Home Service appointment at any time up to two hours before the appointment time without charge. If you wish to cancel or re-schedule after this, we may charge you a cancellation or re-scheduling fee.
8.2 Missed Appointments. If you are unable to keep a Home Service appointment you have made with us, we may charge you for a missed appointment.
8.3 For details of our charges for cancellations, re-scheduled or missed appointments please see www.gravityinfosol.com.
9 Use of Your Information
9.1 We respect your personal information and undertake to comply with applicable Data Protection legislation. These statements (and any other applicable references on our website) describe the privacy practices relating to Gravity PC Support including our services provided at your home or office, remotely on the Gravity PC Support Web site and through Gravity PC Support call centres. When you provide Gravity PC Support with your personal information, you consent to these practices described in this policy. We may hold information that you provide to us (such as by telephone on an application or Order form or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies).
9.2 What Information we may collect. While taking advantage of services from Gravity PC Support, you may be asked to provide personal information in order to facilitate your transaction. We may also hold information that you provide when you contact a Gravity PC Support call centre to schedule an appointment for services at your home or office, for assistance or with a question, participate in a promotion or research or participate in other activities with Gravity PC Support. This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and Credit or Debit Card information, occupation and employment data, lifestyle information and details of how you use the Services.
9.3 In the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of these Terms of Service.
9.4 How Your Information may be used. Your information is held and used by us in the course of providing you with agreed upon services. It may also be held and used by us for a number of other purposes and we may use third parties to support us with these purposes. The third parties with whom Gravity PC Support conducts business are only authorized to use your personal information to perform the service for which they were hired. As part of their contractual obligations, these providers are required to follow the privacy guidelines provided to them and to take reasonable and appropriate measures to ensure your personal information is secure. We may use third parties without limitation as described below:
9.4.1 Processing your order; administering your account and billing, including allocating or offering you rewards, discounts or other benefits; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your Credit or Debit Card details; dealing with requests, enquiries or complaints and other Customer Care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;
9.4.2 Carrying out market and product analysis of Your Information to develop and improve and to tell you about Gravity PC Support’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may use this information to send you marketing communications and may tell you by automated means or otherwise, including by email, fax, SMS, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;
9.4.3 Contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned subject to any preferences indicated by you at the time you apply to receive either of our Services or subsequently;
9.4.4 Carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
9.5 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
9.6 We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.
9.7 Access If you would like us to tell you what information we hold about you, please write to us Gravity PC Support, Suite B29, Harley Street, London, W1G 9QR, United Kingdom. We may charge a £10.00 administration fee; please quote your full name and address on all requests.
9.8 Opting Out If you do not wish your details to be used for the purposes described in clauses 9.4.2 and 9.4.3 please write to us at the above address stating your full name and address.
9.9 Security of Your Information Gravity PC Support has security measures in place and takes reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under Gravity PC Support’s control.
9.10 Remote Access Gravity PC Support may offer remote access service to assist in diagnosing and resolving system issues. This process allows a Gravity PC Support Agent to remotely access your computer to determine the problem and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, you are giving permission to a Gravity PC Support Agent to log into your computer which may contain personal information. A Gravity PC Support Agent will only search your computer to determine the cause of the problem and will attempt to limit their interaction with your files to a minimum. It is your responsibility to ensure all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.
10 Matters Beyond Our Reasonable Control
Sometimes we are unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept responsibility for what has occurred.
11 Transfers
You may not transfer the whole or any part of the Contract without our prior written consent.
12 Disputes
12.1 If you have a complaint or query regarding any aspect of either of the Services, write to us at Gravity PC Support, Suite B29, Harley Street, London, W1G 9QR, United Kingdom. Please include your both your name, address, phone and customer number (if you have one) in any correspondence.
12.2 We aim to fully resolve all email queries within 5 working days of receipt and all written queries within 7 working days of receipt.
13 Guidelines of use
Gravity PC Support Services and Site are only available for use by individuals who are age 13 or over. Scripts and machines may not use the Services and Site or automated services without express written consent of the site ownership. Gravity PC Support Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Gravity PC Support Services or Site for any criminal or illegal activities or any activities that might be legally actionable. Gravity PC Support reserves the right to determine what constitutes Internet abuse and objectionable conduct. If Gravity PC Support believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to Gravity PC Support Service and site.
14 General
14.1 If any particular clause of these Terms of Service shall be, or be held to be, invalid or shall not apply to your contract with us, the other clauses of these Terms of Service shall continue in full force and effect.
14.2 Any notice which has to be given under these Terms of Service shall be in writing and shall be deemed to have been given by us if, left at or sent by post to you at the address stated in your application or any other UK address you supply to us for this purpose, or by you to us at the address given. Any notice or document shall be deemed to have been delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). References in these Terms of Service to notices given to you by us “in writing” also include by SMS (which must be sent to your Mobile Phone number) and by email, which must be sent to your email address stated in your application or any other email address that you supply to us for the purpose. Notices given by us by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent. For the avoidance of doubt you shall not be entitled to serve any notice on us pursuant to these Conditions by sending an SMS.
14.3 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.
14.4 Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.
14.5 Except in the case of any permitted assignment of the Contract, a person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.
14.6 These Terms of Service, and all other legal relationships between us shall be governed by English Law and are subject to the exclusive courts of England and Wales.
14.7 The provisions of this Clause 14 shall apply mutatis mutandis to any Additional Terms attached hereto and incorporated by reference to these Terms of Service.