DEFINITIONS INFINITY COMPUTERS: THE COMPUTER REPAIR COMPANY OWNED BY STUART BURY, FROM WHOM SERVICE HAS BEEN REQUESTED. THE CUSTOMER: GENERALLY, THE ENTITY, COMPANY OR INDIVIDUAL REQUESTING SERVICE FROM INFINITY COMPUTERS. SPECIFICALLY, THE INDIVIDUAL WHOSE SIGNATURE IS UPON THE SERVICE AGREEMENT. YOU: THE CUSTOMER. WORK: ANY AND ALL TIME SPENT EXAMINING, REPAIRING, BACKING UP, RESTORING, CONFIGURING OR MAINTAINING A COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE AT THE BEHEST OF THE CUSTOMER; OR PROVIDING ADVICE OR TECHNICAL SUPPORT, EITHER IN PERSON OR OVER THE TELEPHONE OR INTERNET. TIME SPENT LISTENING TO THE LIFE HISTORY OF THE CLIENT OR CHATTING ABOUT HIS DOG OR HER HERNIA OPERATION ALSO COUNTS AS WORK. IN SHORT: IF THE TECHNICIAN IS WITH YOU, HE IS WORKING. DISCLAIMERS IF ANY PART OF THIS DOCUMENT SHOULD BE FOUND TO BE UNENFORCEABLE OR NON-APPLICABLE IN A COURT OF LAW OR OTHER LEGAL PROCEEDING, THE REMAINING PORTIONS OF THE DOCUMENT STILL APPLY IN FULL; AND THE NON-APPLICABLE OR UNENFORCEABLE PORTIONS SHALL BE PARTIALLY APPLICABLE TO THE EXTENT PERMITTED BY LAW. LIABILITY BY SIGNING THIS DOCUMENT, THE CUSTOMER REQUESTS THAT THE TECHNICIAN ATTEMPT TO FULFIL THE CUSTOMER’S REQUIREMENTS TO THE BEST OF HIS OR HER ABILITY; AND AGREES TO ACCEPT THE EXTENT OF THIS ABILITY; EVEN IF IT IS LATER DEEMED TO BE INSUFFICIENT OR MISGUIDED. THE CUSTOMER AGREES TO ACCEPT, AND PAY FOR, ANY AND ALL WORK DONE; EVEN IF HE OR SHE DEEMS THE TECHNICIAN’S ABILITY OR WORK TO BE INSUFFICIENT OR MISGUIDED. UNLESS OTHERWISE AGREED IN WRITING, INFINITY COMPUTERS IS NOT LIABLE FOR AND YOU AGREE TO HOLD INFINITY COMPUTERS AND OWNER STUART BURY HARMLESS FROM ANY AND ALL DAMAGES, COSTS, AND EXPENSES INCURRED AS THE RESULT OF ANY DEFECT OR DAMAGE TO ANY SOFTWARE, HARDWARE, OR DATA; OR OTHER DAMAGES; WHETHER INCURRED DURING THE COURSE OF SERVICES OR OTHERWISE; AND IRRESPECTIVE OF WHETHER YOU WERE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF SERVICE INVOLVES TRANSFERRING INFORMATION OR INSTALLING SOFTWARE, YOU REPRESENT THAT YOU HAVE THE LEGAL RIGHT TO COPY THE INFORMATION AND TO USE THE SOFTWARE AND AGREE TO THE TERMS OF THE SOFTWARE LICENSE; AND YOU AUTHORISE THE TECHNICIAN TO TRANSFER THE INFORMATION AND ACCEPT SUCH TERMS ON YOUR BEHALF IN PERFORMING THE SERVICE. WHEN PURCHASING SECOND-HAND GOODS FROM INFINITY COMPUTERS, YOU ACCEPT THAT NO WARRANTY OR GUARANTEE OF ANY KIND IS OFFERED ON SUCH ITEMS. WHEN PURCHASING NEW GOODS, YOU EXPLICITLY INDEMNIFY INFINITY COMPUTERS AND ITS OWNER FROM ANY AND ALL RESPONSIBILITY FOR DEFECTS OR PROBLEMS CAUSED BY THIRD PARTIES, SUCH AS THE MANUFACTURER OR COURIER. ALL CHARGES ARE FINAL, AND NO REFUNDS WILL BE GIVEN, EXCEPT AT THE TECHNICAN'S SOLE DISCRETION. ANY WARRANTIES OFFERED – EITHER EXPRESSLY OR BY IMPLICATION - CAN APPLY ONLY TO PROBLEMS FIXED BY INFINITY COMPUTERS. THEY DO NOT APPLY IF YOU BREAK YOUR DEVICE AGAIN; OR IF A DIFFERENT COMPONENT FAILS, OR A DIFFERENT PROBLEM MANIFESTS. THE RESPONSIBILITY FOR WARRANTYING NEW EQUIPMENT OR REPLACEMENT PARTS RESTS SOLELY WITH THE MANUFACTURER OF THE EQUIPMENT OR PART, AND INFINITY COMPUTERS OFFERS NO ADDITIONAL WARRANTY. WINDOWS REINSTALLATION IN THE EVENT THAT A SYSTEM MUST BE REFORMATTED AND THE OPERATING SYSTEM (E.G. MICROSOFT WINDOWS, MAC OS X, LINUX) REINSTALLED: ONLY (INTACT, RECOVERABLE) DATA FILES CAN BE PRESERVED. ALL INSTALLED SOFTWARE WILL BE ERASED, AND THE TECHNICIAN CAN ONLY REINSTALL THEM IF THE NECESSARY DISCS OR OTHER INSTALLATION MEDIA ARE PRESENT, ALONG WITH ANY NECESSARY LICENCE CODES OR OTHER IDENTIFYING INFORMATION. ONLY LICENSED SOFTWARE CAN BE (RE)INSTALLED. ILLEGITIMATE, PIRATED OR OTHERWISE UNLICENSED SOFTWARE CANNOT BE (RE)INSTALLED UNDER ANY CIRCUMSTANCES. MOST COMPUTERS COME WITH A SET OF SYSTEM RECOVERY DISCS OR THE ABILITY TO CREATE SAME. IF THESE ARE NOT PRESENT, REINSTALLATION IS LIKELY TO BE DIFFICULT OR IMPOSSIBLE; TAKE ADDITIONAL TIME; AND BE MORE EXPENSIVE. ALL PERSONAL CONFIGURATION SETTINGS (DISPLAY RESOLUTION, COLOUR/SOUND SCHEME, DESKTOP WALLPAPERS, SOFTWARE SETTINGS ETC) WILL BE LOST DURING REINSTALLATION.

FILES EVERY EFFORT WILL BE MADE TO SAFEGUARD THE INTEGRITY OF DOCUMENTS AND OTHER DATA FILES PRESENT ON CUSTOMER MACHINES. HOWEVER, THE CUSTOMER MUST ACCEPT THAT FILES ARE NOT ALWAYS RECOVERABLE: THAT IS, THEY MAY BE CORRUPTED, INFECTED WITH VIRUSES, OR OTHERWISE IMPOSSIBLE OR VERY DIFFICULT TO RETRIEVE. IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT HE OR SHE HAS A CURRENT BACKUP OF ANY AND ALL IMPORTANT FILES, FOR DATA RECOVERY IN THE UNLIKELY EVENT OF DATA LOSS DURING REPAIR. THEREFORE, THE CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ANY LOSS OF DATA. NO FIX NO FEE THIS MEANS THAT A CUSTOMER IS NOT CHARGED FOR WORK DONE IF THE TECHNICIAN CANNOT REPAIR THE SYSTEM. THIS DOES NOT COVER: THE FIRST HOUR OF WORK. CALL-OUT CHARGES. IF THE TECHNICIAN IS CAPABLE OF REPAIRING THE SYSTEM BUT THE CUSTOMER DECIDES NOT TO PROCEED WITH THE REPAIR. IF NECESSARY DISCS OR LICENCES ARE MISSING, OR THE CUSTOMER CANNOT PROVIDE THE NECESSARY INFORMATION. IF THE PROBLEM CANNOT BE RESOLVED DUE TO THE FAILURE OF A THIRD PARTY – E.G. TELEPHONE COMPANY; INTERNET PROVIDER; SOFTWARE OR HARDWARE MANUFACTURER. IF THE COMPUTER IS RUNNING UNLICENSED SOFTWARE. IF THE CUSTOMER CANNOT (OR DOES NOT) DEMONSTRATE THE PROBLEM. IF THE PROBLEM IS NOT DESCRIBED IN THE SERVICE AGREEMENT. CHARGING POLICIES HOURLY RATES ARE CHARGEABLE FOR EACH 60-MINUTE PERIOD IN WHICH WORK IS PERFORMED; MEASURED FROM THE START OF WORK. THE FIRST HOUR IS ALWAYS CHARGEABLE. THIS CHARGE IS NON-RETURNABLE UNDER ANY CIRCUMSTANCES. IF AT ANY POINT THE CUSTOMER DECIDES NOT TO PROCEED WITH THE REPAIR, THE JOB IS CONSIDERED TO BE COMPLETED AND ALL CHARGES INCURRED THUS FAR MUST BE PAID. RATES ARE LIABLE TO CHANGE WITHOUT NOTICE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO FAMILIARISE HIMSELF OR HERSELF WITH THE CURRENT RATES BEFORE WORK COMMENCES. WORK IS DEEMED TO BEGIN AT THE MOMENT THE TECHNICIAN ARRIVES ON THE SCENE. IF THE CUSTOMER ARRIVES LATE OR CAUSES DELAYS, WORK IS DEEMED TO HAVE BEGUN AT THE ARRANGED TIME (IF ANY), OR AT THE TIME THE TECHNICIAN ARRIVED, WHICHEVER IS LATER. PARTIAL HOURS ARE CHARGED AT THE FULL HOURLY RATE. FOR EXAMPLE, A JOB TAKING ONE HOUR AND FIVE MINUTES IS DEEMED TO HAVE TAKEN THE FULL TWO HOURS; AND CHARGED ACCORDINGLY. IF MORE THAN ONE TYPE OF WORK IS PERFORMED IN A GIVEN HOUR, THEN THE HIGHEST CHARGE RATE IS APPLICABLE FOR THAT HOUR. CALL-OUT CHARGES CALL-OUT CHARGES CAN VARY DEPENDING ON THE DISTANCES INVOLVED. IN SOME CASES CALL-OUT CHARGES MAY BE WAIVED. PAYMENT PAYMENT MUST BE MADE IMMEDIATELY UPON COMPLETION OF THE WORK, IF NOT BEFOREHAND. AT ANY TIME, THE TECHNICIAN MAY REQUEST PAYMENT FOR WORK DONE THUS FAR; REGARDLESS OF HOW MUCH OR HOW LITTLE WORK HAS BEEN DONE; WHEREUPON PAYMENT MUST BE MADE. THE TECHNICIAN RESERVES THE RIGHT TO ABANDON A JOB PARTWAY FOR ANY REASON. IN WHICH CASE, PAYMENT MUST STILL BE MADE FOR WHATEVER PORTION OF THE WORK HAS BEEN PERFORMED. ALL SALES AND CHARGES ARE FINAL. NO REFUNDS WILL BE ISSUED FOR WORK DONE UNDER ANY CIRCUMSTANCES. INFINITY COMPUTERS ACCEPTS ONLY CASH; PAYPAL; BANK TRANSFER; OR A GUARANTEED CHEQUE AT THE TECHNICIAN’S SOLE DISCRETION. NON-PAYMENT AND UNCLAIMED EQUIPMENT NON-PAYMENT OF COSTS OR CHARGES COULD RESULT IN LEGAL ACTION BEING TAKEN AGAINST THE CUSTOMER. STEPS MAY ALSO BE TAKEN BY THE TECHNICIAN TO DISCOURAGE NON-PAYMENT, INCLUDING LOCKING OR RESTRICTING ACCESS TO THE MACHINE OR ANY FILES. BY SIGNING THE SERVICE AGREEMENT, THE CUSTOMER EXPRESSLY AUTHORISES THE TECHNICIAN TO TAKE SUCH STEPS IN THE EVENT OF NON-PAYMENT. A LATE PAYMENT CHARGE OF £20 WILL BE ADDED TO THE BILL FOR EACH COMPLETE 7-DAY PERIOD DURING WHICH THE BILL REMAINS UNPAID. ANY EQUIPMENT OR POSSESSIONS LEFT UNCLAIMED FOR A PERIOD OF 28 DAYS WILL BE DEEMED ABANDONED; AND MAY BE DISMANTLED, SOLD OR OTHERWISE DISPOSED OF WITHOUT NOTICE. BY SIGNING THE SERVICE AGREEMENT, THE CUSTOMER AGREES TO ACCEPT THESE TERMS AND SANCTIONS.

THESE TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER TERMS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY INFINITY COMPUTERS. INFINITY COMPUTERS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED TERMS, EXCEPT WHERE MANDATED BY LAW. INFINITY COMPUTERS' ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER, WHETHER DUE TO ERROR OR NEGLIGENCE OR ANY OTHER REASON, MAY NOT EXCEED THE AMOUNTS THAT YOU PAY INFINITY COMPUTERS FOR SERVICE. INFINITY COMPUTERS EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. INFINITY COMPUTERS EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO HARDWARE, DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. IF YOU ARE SIGNING ON BEHALF OF YOUR COMPANY, YOU ARE ACCEPTING TO ABIDE BY THE TERMS OF USE HEREIN AND CERTIFY THAT YOU ARE AN AUTHORISED REPRESENTATIVE OF YOUR COMPANY WITH THE AUTHORITY TO BIND YOUR COMPANY TO THESE TERMS. IN THE EVENT THAT YOU ARE NOT AUTHORISED TO DO SO; YOU PERSONALLY WILL BE, AND BY SIGNING EXPLICITLY AGREE TO BE, BOUND TO THESE TERMS AS AN INDIVIDUAL. THE PERSON WHO SIGNS THE SERVICE AGREEMENT ACCEPTS FULL RESPONSIBILITY FOR ENSURING THAT PAYMENT IS MADE IN FULL AND THAT ALL TERMS AND CONDITIONS ARE ADHERED TO.