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General Terms and Conditions

Terms and Conditions

Download these Terms and Conditions here: http://alfindlay.com/images/stories/alfindlaytscsv1.0.pdf

TERMS AND CONDITIONS GOVERNING THE USE OF OUR WEBSITE

If you browse and use our website (AlFindlay.com) you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern AlFindlay.com’ s relationship with you in relation to our website.

The term ‘alfindlay.com’ or ‘us’ or ‘our’ or ‘we’ or ‘I’ or the name ‘Al Findlay’ refers to the owner of the website, ‘Al Findlay’, whose registered office is 4 Lark Rise, Newton Poppleford, Sidmouth, Devon, EX10 0DH, UK. The term ‘you’ refers to the user or viewer of the website.

The use of this website is subject to the following terms of use:

•             The content of the pages of this website is for your general information and use only. It is subject to change without notice.

•             Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.  It does not constitute specific professional advice on any matter nor should it be used as such. Whilst we use every effort to ensure that the content is accurate and up to date, nothing on this website should be construed as professional advice.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

•             Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

•             This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

•             All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website, and remain the property of that respective owner.

•             Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

•             From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and will not be held liable for any loss or damage sustained by any user who visits the linked website(s).

•             You may not create a link to this website from another website or document without our prior written consent.

•             Any marketing material found on this website does not constitute an offer of business or a contract of business and all services are subject to a formal quotation and availability.

•             Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

DATA PROTECTION AND PRIVACY POLICY

At various times and at various stages of an order or service delivery, information about our customers will be stored electronically on our systems.  At various stages of an order or service delivery, we may be in position of the personal data of our customers. The following policy governs the way we handle that data.

The term ‘alfindlay.com’ or ‘us’ or ‘our’ or ‘we’ or ‘I’ or the name ‘Al Findlay’ refers to the owner of the business, ‘Al Findlay’, whose registered office is 4 Lark Rise, Newton Poppleford, Sidmouth, Devon, EX10 0DH, UK. The term ‘customer’ refers to the person whose data is being stored electronically. The term ‘personal data’ refers to, but is not limited to, the following non-exhaustive list of attributes: Name, Address, Telephone Numbers, Fax Numbers, Email Addresses, Order History Information about your computer including Make, Model, Serial number, Operating system, Key specifications, performance information, et al.  The term ‘customer’s personal files’ refers to the programs, operating systems, and personal documents including documents, images, music, etc, that may be stored on the hard drive, removable media, external storage, optical drives, volatile memory, solid state drives, or any other kind of data storage device that is either in, or connected to any device that is being worked on or transported by us.

Your Personal Data will be subject to the following rules:

•             Your Personal Data will be stored on an encrypted system which requires password access

•             Backups of your Personal Data will be stored on an encrypted file system requiring password access

•             Your Personal Data will only be viewed by our employees

•             Your Personal Data will never be sold, lent, hired, or given to any 3rd party for any reason

Your Personal Data will occasionally be used to market our new products and services, you can opt not to receive this material by sending an email to that effect to: This email address is being protected from spambots. You need JavaScript enabled to view it.

•             Payment card information will never be stored, either electronically or physically.

Your personal files will be subject to the following terms and conditions:

•             Every effort will be made by us to prevent data-loss but that occasionally system faults can lead to irrecoverable loss of data and the customer will not hold Al Findlay responsible for any such loss.

•             Your equipment containing your personal files may at some point be transported by vehicle from your premises to our workshop and/or back again. During this transportation your equipment will be at risk of theft from our vehicle.  Every effort will be taken to prevent theft or damage including but not limited to: packing the equipment in impact-resistant material, covering the equipment with a benign covering so not to draw attention, not leaving the vehicle unattended for long periods or in areas where there may be a high risk or danger, always locking the vehicle and arming the security device if fitted.  Despite these preventative steps there may still be a risk of equipment theft or damage or data loss or corruption for which you will not hold us responsible.  Should there be a situation of equipment theft or damage or data loss or corruption then we will take reasonable steps to assist you to recover from the situation.

•             We agree not to disclose any and all information or data files supplied with, stored on, or recovered from your equipment except to employees or agents, subject to confidentiality agreements or as required by law.

•             Before following any advice or installing any software or hardware recommended or mentioned on our website or by us, you must perform a full backup of your data and system configuration. We shall under no circumstances be responsible for data loss or system failure.

TERMS AND CONDITIONS OF SERVICE - GENERAL

Please read these Terms and Conditions carefully. You are required to read and understand them before instructing us or proceeding further with an order. If you do not accept these terms please do not use our services or please contact us to discuss your concerns.

The term ‘alfindlay.com’ or ‘us’ or ‘our’ or ‘we’ or ‘I’ or the name ‘Al Findlay’ refers to the owner of the business, ‘Al Findlay’, whose registered office is 4 Lark Rise, Newton Poppleford, Sidmouth, Devon, EX10 0DH, UK. The term ‘customer’ refers to you, the person instructing us or placing an order with us.

•             By ordering services, parts or sales items, you are agreeing to these Terms & Conditions and agree to be bound by them as a contract of work.

•             All contracts formed between us shall be governed by, and construed in accordance with English Law.

•             We reserve the right to update these Terms and Conditions at any time by notice to you with immediate effect. If you do not agree to the relevant change, your only remedy is to terminate the Services by 14 days’ notice to us.

•             We will do our best to answer accurately queries e-mailed to us by you but in our sole discretion, reserve the right not to answer such queries.  Such queries and answers do not form a contractual relationship between us and we accept no contractual responsibility for our responses.

If at any point you should wish to cancel your account or cease purchase, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. .

•             Refunds in relation to any Services or Sales will be given at our discretion.

Should you have any complaints regarding Services received from us, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. detailing the nature of your complaint. We will acknowledge the complaint within 5 working days and provide a likely timescale for resolving the dispute while keeping you informed about progress.

•             We reserve the right to cancel Your Account at any time by notice with immediate effect, without cause.

You agree to keep us up to date with any changes in your contact details. This includes the provision of a working email address that you regularly check. If there is a change in your personal details or you do not wish to receive any information from us please communicate this by email to This email address is being protected from spambots. You need JavaScript enabled to view it. or write to AlFindlay.com, 4 Lark Rise, Newton Poppleford, Sidmouth, Devon, EX10 0DH

•             Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for (a) death or personal injury caused by our negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.

•             Subject to the clause above above, We will not be held liable or responsible for any direct or indirect loss or damages to your business or that of any third party nor for any loss of profits, opportunity or data.

•             Subject to 8 and 9 immediately above, Our liability shall in no circumstances exceed the total sums paid to Us by You under the relevant contract.

All Internet services including, but not limited to, Domain Registration, Website and content Hosting, Email addresses, et al, will be subject to the OnStageHosting.net Terms and conditions as listed here: http://onstagehosting.net/contact-us/terms-and-conditions which are in turn governed by the FastHosts Terms of Service as listed here: http://www.fasthosts.co.uk/companyinfo/termsofservice/. A breech of the terms of conditions listed above shall mean an automatic breech of these (our) terms and conditions.

•             Except where agreed otherwise, Payment is due in full upon completion of services, prior to release of the repaired equipment (whether shipped, collected or delivered personally.)

•             If the work on the equipment is to be paid by account invoice, then payment is due within 28 days of the date listed on the invoice, or the date of the engineering sign-off form. Failure to make payment within 28 days will incur a one-off overdue account fee of 25% of the original invoice or £25, whichever is the greater. A reminder letter will be sent at this point incurring a further £5 reminder letter fee.  Reminder letters will be sent at one month intervals, incurring a cost of £5 per letter and will continue for 5 months or until the debt is paid off. If the debt has become six months old, i.e, six months after the original date of the invoice, the debt will be passed to Her Majesty’s Court Service for consideration which will incur further charges and court costs for which you will be entirely responsible.  You will be given the opportunity to mediate out of court, and then you will be given the opportunity to offer legal representation in court, but if ruled against then you will be given a County Court Judgement and a Court Bailiff will be appointed to recover the outstanding amount by ceasing your possessions or those of your business. Further costs will be incurred by the Bailiffs in respect of the sale of your property and recovery of funds, for which you will also be responsible.

TERMS AND CONDITIONS OF SERVICE - WEB DESIGN

•             We can only create you a meaningful website if you help by supplying us with some pictures and as much content as you can, the more you supply us the more we can help you and the easier you will be found. If you do not supply us with images or content for your site then it will not be possible to complete and there will be no refund.

•             By providing us with content in the form of text or images, you are confirming that you have the rights to use and distribute that content and the content is not prevented from publication by copyright, other terms or by law.

•             During the design process, we will work to a design brief to form a layout or template for your website. Once the template is produced it will be used to produce all the pages of your website.  The design process will allow several drafts for your approval, followed by the production of a proof.  Once the proof has been produced then there will be ar reasonable number of changes permitted ( one or two changes) before publication.  Once publication has occurred then there will be no opportunity to change the template without incurring further production charges, unless we are designing a CMS site which can be re-skinned at a later time using our normal change-control procedure.

TERMS AND CONDITIONS OF SERVICE - PC REPAIR

•             Throughout our relationship, you assume full responsibility for the protection of your computer system including computer hardware and software, stored data on your computer system and the stored data and computer systems included hardware and software of third parties who may access or be otherwise connected to your computer systems. You confirm that you aware of the inherent risks of injury and property damage involved in equipment repair, including without limitation, risks due to destruction or damage to the machine, media, or data and/or inability to repair the machine or recover data, including those that may result from our negligence, and you assume any and all known risks of injury and property damage that may result.

•             By asking us to complete work on your equipment, you authorise us to conduct an evaluation of the machine to determine the nature of the damage and provide an estimate of repair cost and timing. The evaluation is free and no work beyond this evaluation will be charged without your explicit approval.

•             By asking us to complete work on your equipment, you authorise us, and our agents, to receive and transport this media/equipment/data to, from and between our facilities. During this transportation your equipment will be at risk of theft from our vehicle.  Every effort will be taken to prevent theft or damage including but not limited to: packing the equipment in impact-resistant material, covering the equipment with a benign covering so not to draw attention, not leaving the vehicle unattended for long periods or in areas where there may be a high risk or danger, always locking the vehicle and arming the security device if fitted.  Despite these preventative steps there may still be a risk of equipment theft or damage or data loss or corruption for which you will not hold us responsible.  Should there be a situation of equipment theft or damage or data loss or corruption then we will take reasonable steps to assist you to recover from the situation.

•             By asking us to complete work on your equipment, you are confirming that you are the legal owner or authorised representative of the legal owner of the equipment and all data and components contained therein and you confirm that you have the authority to permit us to work on the equipment

•             Any equipment or property left with us unclaimed for 90 days, will be disposed of. At which time, we shall have no liability to you or any third party.

•             We shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

•             Before following any advice or installing any software or hardware recommended or mentioned on our website or by us, you must perform a full backup of your data and system configuration. We shall under no circumstances be responsible for data loss or system failure.

•             In no event will we be liable for any damage to the equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if we have been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.

•             All parts supplied are brand new, unless stated or requested by the Customer. Brand new parts come with a 1 year manufacturer’s warranty, commencing from the date the item was purchased.

•             The warranty on any hardware will be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with.

•             Equipment is only covered for faulty workmanship on parts, and for parts that fail due to manufacturing defects recognised by the component manufacturer. This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.

•             Damage to a system or components, caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion, are not covered under warranty.

•             Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.

•             All work is covered by a labour only 30 day warranty. If the same problem re-occurs within 30 days of the original repair (stated on the invoice), we will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors.

•             Any repair performed on an item under warranty whereby no fault can be found, or the fault is not covered under warranty (i.e. software, virus, end user error or other non-warranty cause herein stated) a ‘No Fault Found’ fee may be payable by the warranty holder at the usual hourly rate.

TERMS AND CONDITIONS OF SERVICE - SALES

•             These terms and conditions do not affect your statutory rights.

•             We shall sell and/or provide and You shall purchase the Goods and/or Services in accordance with the terms agreed orally or in writing with You subject in either case to the Conditions which shall govern the Contract to the exclusion of any other terms and conditions and in placing an Order You shall be deemed to have read and accepted the Terms and Conditions

•             We have the right, at our discretion, to refuse to supply goods you order.

•             Goods are subject to availability. If we do not supply the goods we will refund any money already paid. We will not be liable for compensation or damages if we do not supply goods.

•             We aim to deliver any goods within 14 days; however, deliveries may be subject to conditions outside of our control. All delivery times are approximate and we will not be held liable for any compensation or damages as a result of late or non-delivery.

•             Stock Sales goods, including refurbished machines can be ordered with no deposit payable full fee due on delivery or collection.  Goods will be accepted back into stock within 7 days only if the goods are in the same condition as when they were sold. A refund or credit note will be issued at our discretion, minus a 10% restocking fee. No refunds are available on postage and we will not be liable for the return postage.

•             Goods which are built to order will be subject to a 50% deposit at the time of ordering with the balance due on delivery or collection.  No build-to-order goods can be returned to stock for a refund or credit note at our discretion unless a 35% restocking fee is paid.

•             We reserve the right to charge up to a 35% deposit at our discretion to secure the order of items totalling above £1000 in value.

•             Please check the goods on delivery. If goods are delivered damaged or faulty you must inform us within 7 days of delivery and we will arrange collection and replacement at our cost. If you do not inform us within 7 days we shall have no liability for goods said to be damaged on delivery. This does not affect your statutory rights.

•             You will only own the goods once we have received payment in full. You will be responsible for the goods once delivery is made or delayed by you at delivery.