TERMS AND CONDITIONS

They have to be somewhere so we know where we stand, so here are our current terms

General Terms and Conditions – By employing Flummoxed you agree to adhere to these terms

Updated Saturday the 29th of January 2022

 

  • General Note: we may be asked to investigate a fault for you or install some software or change some hardware. There may be underlying causes for the problems which you encountered resulting in you contacting us or during the course of a site visit. If we identify any case where hardware or software is at fault, recommended or needed to resolve the problem, we will inform you and provide you with an approximate cost for putting things right. If you choose to only make the original changes, no additional charges will be incurred however, if we feel we cannot fix the problem without ordering hardware or software which you choose not to pay for, the basic charge will be payable. The labour rate is £29.99 per 30 minutes or part thereof.
  • The data we hold: Flummoxed only store basic information for the purposes of invoicing, job distance calculation and customer service. We store:
    • Your name
    • Your phone number
    • Your mobile number
    • Your email address
    • Your address
    • Your postcode
    • Your call history with us and notes
    • Phone calls made to our numbers

    Your address information is used solely for the purpose of issuing an invoice, finding your house and for fraud prevention purposes when payment is made by credit or debit card. We do not process your card details, neither do we store or have access to any of your banking information. This is processed by our merchant services provider.

    When we visit your house or assist via email or any chargeable method, we record notes about the circumstances and fix involved in your case. Sometimes, we may record password information in order to set up email accounts for example or provide a better service however, we are clear that we may do this to assist you and that it is your responsibility to update your password if required and this is also stated in our terms and conditions.

    Phone calls made to our number are, as announced on the call, recorded to ensure we provide accurate information and for the purpose of error checking if necessary.

    We do not disclose any of this information to anyone else and any paper copies which may have been printed for the job are shredded upon completion.

    You should always receive a copy of your invoice and any notes which are recorded will be displayed on your invoice.

  • By inviting us to investigate your issue(s), you agreeing to the terms outlined herein.
    • You may be asked to provide a signature which confirms you agree to these terms or if booked over the phone, you may be asked to consent to these terms under the GDPR. If you do not sign, it is still agreed that you accept these terms once a visit has been arranged.

  • Telephone information: We record all phone calls to enable resolution of disputes, to maintain accuracy and improve the quality of our service.
    • You may be contacted by a landline or a mobile.
      • If you are contacted from a mobile, the number will be withheld.
        • If the mobile number is not withheld, you MUST NOT use this number to contact us, you must use the landline number at all times.
    • Calls made to Flummoxed are charged at standard rates.
    • Texts can be sent to the landline and will be responded to via email if we have a valid email address for you. If we do not have an email for you, we may not respond to text messages.
    • Texts sent to our mobile will be deleted.
    • All calls made to the landline will result in notification emails being sent to us of the details of your call.
    • You cannot engage our services via the telephone unless you agree to the consent of us using your data under the GDPR.

  • Cancellations: If we attend an appointment at an allotted time, we will expect the meet the customer.
    • If no one is present at the address given at that time, a call-out charge will be applied and billed for either separately or as part of a subsequent invoice. This will only be a reasonable cost in order to cover fuel expenditure.
    • Any cancellations must be made within 24 hours as well as being accepted by Flummoxed.
    • Cancellations must be made in writing, via email and submitted either using your email client or the Flummoxed mail form.
    • We will inform you via email if an address has been provided if we cannot attend within 24-hours.
      • In rare occasions of illness or emergency, this may be a shorter duration however will ensure we contact you as soon as possible.

  • Damage: Whilst we take great care to look after any equipment in our possession, we are not liable for any unforeseen damage caused to your equipment. We will take all reasonable precautions to prevent any such damage occurring however, it is your responsibility to provide adequate packaging and protection of your equipment.
    • If damage is discovered upon investigation, we will inform you whether the equipment was damaged upon receipt or as result of an accident.

    • Branding and Asset Tracking
      • We will fix a sticker containing asset information to your equipment during or after completing work to enable information recall in future.
      • We store information about you on a shared database in a data-centre. The data-centre is monitored and restricted but we cannot assure security of your data, however we endeavour to do our best to protect your information.
      • Only Flummoxed and the staff at the data centre have access to your data and the staff at the data centre should request our consent before accessing any content.
      • You may need to provide us with password information and personally identifiable information in order to complete the setup of your software or hardware. This data may be stored. It is your responsibility to reset the information at a suitable time to protect your information.
      • We will install user iconography, desktop wallpapers and logon screens to reflect standardised flummoxed branding. You accept this and should you no longer require it, the end user must alter it.

      • Software Installation: All software installations are chargeable at the standard rates above.
        • Software may require pre-payment.
        • If a machine requires a rebuild, you will be charged according to the complexity of the job.
          • If you have no license code for the required rebuild, it may be possible to extract the code using specialist software. If this is not possible, we will advise you that you should purchase replacement software. If software requires a licence, it must be provided, no licensed media will be installed without the code.
          • Rebuilds with recovery media require less attention and therefore incur smaller fees.
          • If you have lost of mislaid your recovery media, we can recover the equipment for you but you will be charged at the full rate.

      • Warranties: Sometimes it is necessary to break seals on equipment in order to carry out work requested by you. This may invalidate warranties and could in some cases cause minor cosmetic damage such as a scratch over a concealed screw housing. If this occurs we are not responsible for replacing or disguising the mark, it is agreed that this was a necessary step in order to achieve the result required.
        • If you purchase equipment through Flummoxed, your warranty is with the manufacturer, not Flummoxed. We will however attempt to provide as much assistance as possible where we can.

      • Ordering: If you choose to order equipment or software through us, you may be required to provide payment prior to us purchasing the goods.
        • Once you provide the funds, your items will be ordered.
          • Software orders require pre-payment over £30.
            • Refunds cannot be provided on software due to licensing regulations.
          • Hardware orders require pre-payment of all costs.
            • Refunds on hardware can only be accepted if no seals or packaging is missing and the item is re-sellable.
        • We cannot be responsible for any delays caused through lack of stock, stock alterations, discontinuation or variation of products and if necessary, we will return your money to you if no alternative is available.
        • When ordering, we will advise the customer of the options available. We are not responsible for regional variations, changes in specifications from the manufacturer or other adjustments. The responsibility of what is ordered lays with the customer, if an item is approved, it will be ordered regardless of any variations.
        • All orders will be subject to a transaction charge which is added on to our discounted cost prices set by suppliers.
          • You may order your own hardware or software to avoid this charge however you may not receive such competitive initial supply prices.
        • Should you opt not to order the items, you will be charged standard rates for investigatory work and product research time.

      • Payment: Invoices must be paid in full and within the time scale indicated.
        • Flummoxed is not a VAT registered company.
        • Prices subject to change without notice.
        • Discounts are not available for hardware or software orders, web design work or goods and services required to complete the work.
          • Discounts are only available to returning customers. Offers such as 10% for new customers will only be honoured when a qualifying voucher or business card is shown.
            • The 10% for new customers offer will end on the 1st of September 2015 and will only be valid when a qualifying card is given.
        • For hardware and software support, payment is due on receipt of the equipment in question.
        • Refunds are not available unless they meet the guidelines in ‘Ordering’.
          • Refunds for work time are not available. You are charged for our time and attention to you and your equipment, time cannot be returned.
        • All component and software orders will be paid for using credit.
          • You will be charged a surcharge for all credit payments to cover interest repayments and handling fees.
        • Internet banking payments are preferred however, credit, debit and cash are accepted. Cheques are no longer accepted after the 5th of April 2018.
          • Internet Banking for new customers is not available.
          • Payments by internet banking must be cleared before work can continue if we are ordering goods for you.
          • Payments made by card can only be accepted up to the value of £100 with the discretion of the technician. Cards cannot be used to pay for hardware or software purchased.
            • Hardware or software over the value of £50 must be paid for in advance of ordering either by cheque or cash.
          • If you wish to pay by internet banking, you must inform us when we return your goods to you.
            • You must complete the transaction whilst we are present and we will verify receipt of the payment.
            • Your details will remain private, we will not supervise, however we must ensure payment is made as agreed.
        • For web design jobs, payment is required within 30 days unless an earlier date is specified on the invoice, the final date payment will be accepted is printed on your invoice.
          • If you fail to provide payment before this time expires, or otherwise, on the 30th day, the site and all content will be put on hold and may be advertised for sale to other individuals and you forfeit the right to first choice on this work.
          • You must pay within the deadline to ensure the site is sold to you.
        • As indicated above, payment for all support calls are due upon completion of job and date issued on the invoice. All invoices state the date payment is due. Support work does not qualify for credit. Once the job is complete, payment is due.
        • If you fail to pay for the work carried out, your property may be confiscated under the terms of the Torts Act 1977.
          • You will be notified of outstanding balances and how to resolve the issue.
          • After the allotted time, your property may be sold to recover costs incurred.
        • We will attempt to do our best to resolve any payment issues however, invoices must be paid in accordance with the terms above.
          • If you fail to make payment, legal action will be taken against you.
            • You will be liable to pay overdue-payment fees if your payment is not made on time.
            • A 25% charge will be invoiced if you fail to make payment.
            • If you do not pay within 30 days, a 5% daily charge will be added to your original balance until payment is made
          • A solicitor may be involved and your case may be referred to the Small Claims Court.
            • You are liable for all fees incurred should your case be referred to a solicitor or the Small Claims Court

      • Supporting 3rd parties: Whilst we will ensure your equipment is working correctly we are not responsible for 3rd party issues. If we build or re-build your PC for example, we will test all connections and ensure the machine functions correctly.
        • Once you take receipt of the machine, we will no longer be responsible for the software installed
          • We will support the machine for you and resolve any issues to the best of our ability however, we cannot support every possible product and are not responsible for issues arising through faults with conflicting software, hardware or networking connections.
        • We will advise you and help you resolve any issues and we will gladly assist however you will be charged at our standard rates.

      • Remote support§: Any machine built or re-built by us may have our choice of remote assistance software installed.
        • Existing software will be removed to avoid conflict or security risks. This will enable us to help resolve issues remotely, resulting in faster fix times for you and greater response times.
        • Any remote support software poses a potential vulnerability in your security. You are responsible for maintaining adequate security software. Flummoxed are not responsible for the security of the software used for the purpose of supporting our customers.
        • Application usage may change, software may vary.
        • Fees may change without warning.
        • Remote Support software does not prioritise your service above anybody else.
        • If we cannot access your machine remotely, a call-out may be arranged but time spent attempting remote access will still be charged.
        • It is your responsibility to ensure adequate connection speeds to enable successful remote access.
        • If you require the option of remote support, you may†be charged a fee for the software needed.
          • We are not responsible for any performance issues caused by this software (should they occur. When installed, the software does not provide any noticeable performance degradation) and we cannot be expected to assist if an inadequate internet connection is present or rely solely on this method of support.
        • Call-outs are still very much our main method of support.

    • Web Design Additional Terms: At the point of commissioning Flummoxed to design and build your website, part-payment will be requested and must be paid before work will continue.
      • If an estimate is provided, this amount will be 25% of the total amount up to a maximum of £400.
      • This payment covers initial costs of the designer incurred through time spent developing and†designing the product.
        • This is non-refundable.
      • If you choose to cancel the job, this money will not†be returned and will be accepted as payment for work carried out regardless of whether you pay for a completed site or not.
      • If hosting payments are overdue or in the unlikely event that there are any disputes over work carried out by Flummoxed, we reserve the right to temporarily or indefinitely cease or block access to your website.
        • This will include any additional functionality and email provided by us until the dispute has been resolved.
      • If hosting is being provided and a dispute is going on or there is a delay, you will be billed for 20% of the total hosting cost per month that your payment is delayed.
      • If you commission Flummoxed to carry out work your FTP details and any relevant site logins will not be disclosed to anyone for any reason.
      • Commissioning will be logged using an online form which will bind you to the terms and conditions you are reading.
        • This document will form the core brief of any job and you will be asked to approve any work and the completion of such work.
        • The document will outline what you require from Flummoxed and we will respond with how this has been addressed.
        • You will also be able to see a current total cost of your job to avoid disputes over prices.
      • At the end of a job, or when the customer signifies no further work is required, the designer will confirm that the job is complete prior to invoicing.
        • At the point of invoicing, the job is deemed complete, any further amendments or work will be billed as a new job at the appropriate rate.
        • The customer may be asked to sign a form or otherwise acknowledge to verify they are satisfied that the job is complete, this will be kept for our records only.
      • Until the site is†paid for in full and signed off, the work carried out, all content, design and intellectual property remains that of Flummoxed and any use by anyone else will be deemed as theft of intellectual property.
      • After sale and completion, any artwork created or custom scripting still remains the intellectual property of Flummoxed.
      • Flummoxed register all domains names under the name of the individual or business requesting the work therefore a full name, address,†postcode, phone number and email address are required to be provided for registration purposes and to ensure the domain name is registered to its rightful owner.
      • We cannot guarantee listing status of any site built.
        • Whilst Flummoxed try to ensure good search results for the major search engines, top listings cannot be guaranteed, if this is required, we can instruct on the provision of Google Ad Words to place your site†at a high ranking or side, featured listing.
      • Whilst Flummoxed design and build your website, we are not responsible for its content.
        • Any content provided will be used as necessary but will not be checked for spelling errors or omissions, this is the responsibility of the content provider to ensure all content is correct, accurate and a true reflection of what is required.
        • Any such errors not reported before signing off a job will be corrected at the standard update charge.
      • All correspondence will be recorded between Flummoxed and its clients and stored for legal reasons. This is to ensure the designer has a complete record of all communication, guidelines and requests made by the client and to ensure adherence to the brief.
        • At any time, the client can request a copy of any records which are stored in relation to themselves.
          • This will be provided in a timely manner and we aim to provide such information in a readily accessible format and within 30 days from the date of the request.

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