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Service Terms

The following terms and conditions (“Agreement”) may be amended from time to time, and govern the relationship between Rom and Ram ("we" , "our" , "us") and you, the customer (" you ", "your ", "client", "customer") with respect to your use of Rom and Ram services. It is important that you carefully read this Agreement to ensure that you understand it. By using the Rom and Ram`s services, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use Rom and Ram`s Services.

Agreement

1. On accessing this site or using any of our services, it is your responsibility to read these terms and conditions. We reserve the right to change any part of this Agreement whenever the need arises. By using this site after any changes of the Agreement have been made, you agree to any changes that have been made. We reserve the right to make this site unavailable at any time without notice or to restrict access to all or part of this site. We reserve the right to make changes to this web site, privacy statement, policies, service fees / details, disclaimers, terms and conditions, site content, and to change, replace, delete, or include new terms of this Agreement at any time without notice. Use of any of our services or receiving any estimate / quotation issued by Rom and Ram either verbally, by phone or in person or in writing including by email- will be deemed as an acceptance of Rom and Ram`s terms and conditions.

By using our services you are confirming that your age is 18 years or over. If you are aged under 18, please obtain your parent/guardian's consent before providing personal information to us. Users without this consent are not permitted to provide us with personal information or use our services. If you use our services, we will assume (and you are confirming) that you have the legal capacity to enter into this Agreement (that is, that you`re age is 18 years or older and are otherwise entitled to be legally bound in contract).

2. You agree to provide us with accurate, true, current and complete information about yourself when requesting our services. You also agree that you will notify us of any changes to this information, to ensure that it remains accurate, true, current and complete at all times. We reserve the right to terminate this Agreement and your use of our web site and services if any information provided by you is inaccurate, untrue, not current or incomplete.

Home and Business PC Repairs and Support

3. In relation to our "Data Recovery" service. The following service limitations apply: (i) We cannot guarantee the amount of data that can be recovered. (ii) We cannot guarantee the amount of time spent on the recovery.(iii) We cannot guarantee that any files that are recovered will not be corrupted / damaged.

4. In relation to our PC Repair Service, unless otherwise indicated, all service fees are based on the service applied to a single hardware system and the service fee excludes any hardware - if required to perform the service.

5. Rom and Ram will make every possible effort to preserve customers` data, however it is the customers` responsibility to back up all software and files/data that are stored on their PC/Laptop/Server`s hard disk and/or any other storage device before any service provided by Rom and Ram is performed. Rom and Ram accepts no responsibility for "any loss, alteration or corruption" of personal/business files/data or software and it is not liable for damages whatsoever. I agree for Rom and Ram to perform an on-site / off-site repair on the system and confirm that I am either the owner of the system, or have permission from the owner of the system to authorise the repair.

6. If after returning a system (PC/Laptop/Server)to you, it develops a fault that was previously not apparent when repair work was initially carried out, we will repair the new problem free of charge, providing that you : (i) Inform us about the problem within 7 days of delivery of your system back to you and (ii) If any new hardware is required to resolve the problem, you will provide us with the relevant payment to replace any required hardware.

7. All systems repaired by Rom and Ram are checked for viruses and are free from viruses before delivery to the customer. Rom and Ram are not responsible for any virus infections that occur after the customer has received the computer(s). A fee will be charged for the removal of any virus(es) found in their computer(s) after the delivery of the computer(s).

8. We accept no responsibility, liability and will not be bound by any errors in pricing / fees detailed on our web site in electronic format or otherwise.

9. We will be entitled to suspend any service and / or terminate this Agreement without prior notice if you : (i) Do not pay any sums to us when they are due to be paid and / or (ii)Any part of this Agreement is broken.

10. You may cancel our home or business repair services at any time, the only limitation is that you give us a minimum of 1 hour notification before the scheduled time of your appointment. To do so you must either contact us on 0151 605 1239 or via e-mail at customerservices@romandram.co.uk. We reserve the right to charge a £10.00 fee to you if we have not received notification that our services are not required, and our Engineer has arrived at your home or business as previously arranged.

11. An adult must be present at your residence or business property when an Engineer is present. A person of at least 18 years of age must be present. If a Rom and Ram Engineer arrives at the scheduled service time and no adult is present, the Engineer may deny any service and a charge of £10 will be billed to the customer.

12. If any services are provided by Rom and Ram, Rom and Ram will warrant that the services will be carried out with care and skill and by an experienced and qualified person.

13. In the case of our Home and Business Repair Service, the time agreed is approximate and the Engineer will usually arrive within 30 minutes of the agreed time.

14. Password Recovery Service - By using our Password Recovery Service you are confirming that the PC system / Laptop is your property and you are not using our services to obtain access to a PC system / Laptop that you are not authourised to use, and / or is the property of a third party. Rom and Ram will assume (and you are confirming) that you are the owner of the PC system / Laptop and / or that you have full permission from the owner of the PC system / Laptop to obtain access to it`s operating system, BIOS or any password protected files that may be on any hard drive(s) or removable media contained within the PC system / Laptop. Rom and Ram shall not be responsible / liable in any way for providing any unauthorised access to a PC system / Laptop or files in connection with this service. The following limitations apply to our "Password Recovery" service (i) We cannot guarantee that we will retrieve or remove the password.(ii) We cannot guarantee the amount of time spent on the recovery or removal of the password.

15. When using our Home PC Services, a Rom and Ram Engineer will initially confirm a service fee to you. This will be given to you before any work is commenced, after performing a diagnosis of your system. If you decide to accept the proposed service fee, the Engineer will commence work immediately for you and charge you the confirmed service fee (excluding any hardware or software components - if required). If you decline the proposed service price before any work is performed, the Engineer will not charge you any fee. Rom and Ram do not charge a call out fee.If you have accepted the proposed service fee, and the Engineer has commenced work on your system, and you later decide that you do not wish the service to be completed for whatever reason, you will only be charged a basic service fee of £15.00, instead of the full service fee. This only applies if the Engineer has been performing the service for no more than 30 minutes. If work has been performed for more than 30 minutes, the full proposed service fee will be due.

16. Rom and Ram`s Engineers will not tolerate any physical or verbal abuse, when visiting customers on their premises. If any such incident occurs, the Engineer will leave the premises immediately and will report the matter to the relevant authorities. Any further request for Rom and Ram`s services will be denied and no further contact will be made with the customer. Rom and Ram will not be responsible for completing any repair work that is outstanding and the customer will not be able to use any of our services in the future. This also applies to phone calls and emails made to Rom and Ram. If staff at Rom and Ram feel that the caller / customer is being abusive towards them, any future work will not be carried out and our Engineers will not make any future visits to the customers premises. The customer is not entitled for any outstanding repair work to be completed and no calls will be returned to aggressive / abusive callers or customers.

17.Rom and Ram`s Engineers are monitored throughout their working day. Before arriving, and after leaving a customer`s premises, the Engineer is required to inform Rom and Ram Customer Services their whereabouts and to verify the completion of a service. This is to ensure that we provide an efficient and high quality service and can allocate an Engineer in relation to their current position on the Wirral and surrounding areas. This is also to ensure the safety of our Engineers and to be aware of any problems that may arise. If we do not receive contact from our Engineers after an irregular length of time, we may contact their previously recorded job to verify with the customerif the service has been completed correctly, and has been to their satisfaction.

18. Rom and Ram will only install and configure licensed legal software. We will not install counterfiet software on any system whatsoever. Any installed operating systems provided by Rom and Ram will be accompanied by a valid COA (certificate of authenticity) Rom and Ram will check these licenses with Microsoft before arriving with the customer. Rom and Ram will not be held responsible for any system that has the COA altered / defaced or removed or any software that is installed by the customer or 3rd party after the system is delivered to the customer.

Web Design,Development, Hosting and Domain Name Registration

19. All costs arising from the registration of a domain name and website hosting shall be met by you, the customer. Rom and Ram recommend that you register your own domain name so that you have full ownership. We will not be responsible for the renewal of your domain name.

20. The website is provided to you and accepted by you as fully functioning, completed code. Rom and Ram are not responsible for any future support, unless previously arranged for an agreed fee. No guarantee of support is given unless previously negotiated.

21. Payment of any outstanding balance will be due within 28 days of the invoice date. Full publication of the Website may take place only after the full payment has been received. Any part of the Website previously published may be removed if the payment is not received. A charge of £25 will be required if the site is to be re-published.

22. Malicious Software, Viruses, Website Hacking and Spyware are part of life on the Internet today. Rom and Ram will endeavour to protect your website from this as much as we can during its development, but we cannot be held responsible for any problems that develop on a website after we have handed the code over to you.

23. Rom and Ram are not responsible for your on-going website promotion If you wish your website to be promoted on a regular basis you will need to negotiate a seperate contract with us. Website ranking is controlled by the search engines, such as Google, Yahoo etc. Rom and Ram can optimise your website for various search engines but cannot make any guarantees about the success of any search engine promotion.

24. Rom and Ram will remain the owner of any graphics, page design, modified code and custom templates created for you until payment is made. Once payment is made they will become your property.

25. If you have not settled payment within 7 days of our final reminder notice , you will be charged a late payment fee of 5% of the outstanding amount.

26. If a price is quoted to you, the quote is for the work agreed on the quotation only. If any changes are required after work on the website has commenced, Rom and Ram will accept any changes providing that possible additional charges may need to be negotiated.

27. If you wish to cancel the website development for any reason, you can do so at anytime but you will be liable for the work that has already taken place and shall be invoiced for this work.

28. If you approve work to commence, it will be deemed a contractual agreement between you and Rom and Ram.

29. You must provide all written material, information, media and any images required for your website before any work is commenced. This material must be supplied within 21 days from the date of initial contact with you. If Rom and Ram have not received the required material from you within this time, we reserve the right to end the project.

30. Within 14 days from the date that we receive all required material for your website, Rom and Ram will provide you with an initial draft design of your Website. If you do not like the initial draft design, Rom and Ram will provide you with one more design within 14 days. Once you are happy with the initial draft, we will commence full development of the Website and will provide you with the fully-functioning Website usually within 28 days from the date that you confirm acceptance. However this timescale may increase if the website is of a complex nature. We will then allow a further 7 days from the date the completed Website is provided to you, in order for you to submit any minor alterations / modifications to the Website. After this 7 day period no further alterations will be made and Rom and Ram will assume that the website is complete and requires no more modifications.

31. In the extremely unlikely event that your website or e-mail boxes are unavailable on the internet due to technical problems, Rom and Ram will not be liable for any loss of contracts, profits, business or anticipated savings or for any other indirect or consequential / economic loss whatsoever. It is your responsibility to backup any data from your webspace or e-mails from your e-mail account. If you are unsure of how to back up your data, please contact us and we will be more than happy to provide details of how to do this.

32. In relation to your web hosting / domain / email account, when your account is due for renewal, as a courtesy Rom and Ram will contact you via e-mail a few weeks before your account expiry date. We will send 2 emails, the first will contain your invoice and a second email will be sent 2 - 4 weeks later as a reminder, this will also contain your invoice. It is your responsibility to renew your web hosting / domain / email accounts when due. Rom and Ram will not be responsible if you have not received these emails. It is your responsibility to contact us to renew. We will offer to renew your package for a set fee. If we have not received payment for the renewal of your account by the expiry date, we will cancel your account on the next day following the expiry date and any website or code in your account will automatically be deleted from our webspace. Any e-mail boxes / messages that are associated with your account will also be deleted. Also, any domain name associated with your account will be returned to the domain registrar. If required, your domain name can be transferred to a new provider on receipt of the providers details from yourself. If you decide not to renew your account with Rom and Ram, please ensure that any website code and e-mails are backed up, as once your account is cancelled it will be impossible to recover any of the files associated with your web hosting or e-mail accounts. Rom and Ram will not be responsible for any loss of service, disruption to your business or loss of profits if you don`t make your payment before the account expiry date and your account is deleted.

33. If you wish to cancel your hosting account, you must do so within 28 days of your account start date. Rom and Ram will refund the full hosting fee to you if cancelled within this time. If you cancel after 28 days, no refund will be given. Rom and Ram reserve the right, in the highly unlikely event, to cancel your hosting account at anytime, but will provide you with 2 weeks notice, in order for you to arrange a different hosting provider and to download any files from your webspace. Any payment you have made regarding your hosting account will be refunded but the refunded payment amount will be based on the remaining days left in your account. For example, if your take out a yearly hosting package (365 days) and pay £59.99 (approx 16p per day) for the year, and we cancel your hosting halfway through the year (after 182 days). There are 183 days left in your package, so the payment we will refund you will be 183 days x 16p per day = approx £29.

34. You must keep your control panel, ftp, mysql database login details, hosting and e-mail account password(s) and / or username(s) private and not reveal them to a third party. Rom and Ram will not provide any support to you, and we are not liable for any errors, problems or damage to your website / files if you reveal your login details to a third party and the third party modifies / accesses your webspace / files in any way.

35. Rom and Ram will not be responsible for the content or providing any content for Terms and Conditions, Accessibility and / or Privacy Statements that may be required by law on your Website. Rom and Ram will work closely with you to discuss your requirements but we recommend that you seek legal advice from a suitably qualified legal representative also.

36. Acceptable Use Policy relating to our hosting services. Any offending content or users will be removed from our Network, as soon as they are discovered.We reserve the right to determine what constitutes acceptable use. The following are unacceptable uses of our hosting services :

(i) In any form, including but not limited to the unauthorised distribution and / or copying of copyrighted software, media or other data, fraud, harassment or trafficking in any obscene material.
(ii) The use of our Network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a website is strictly forbidden.
(iii) We do not allow the hosting of any adult content of any description.
(iv) We do not allow the hosting of content relating to Cracking, Hacking, IRC and Warez.
(v) If you host any type of software downloads you must be the writer and / or copyright owner of the software. Media, such as audio and video downloads can only be hosted if you are the original creator and copyright owner of the media.
(vi) If you use your webspace to host applications which consume excessive CPU time, storage space or memory, this is not allowed under any circumstances.
(vii) The use of webcam software applications which maintain a constant FTP connection to your webspace (uploading an image at regular intervals) is strictly forbidden.
(viii) Streaming Media, Chat IRC, Web Proxy, Mailing Scripts and CGI based message forums are not allowed in any circumstances.

37. Each hosting package is assigned a fixed monthly traffic and webspace allowance. If you exceed your assigned webspace and traffic allowance you will be invoiced at 99p for each additional Gigabyte used.

38. If Rom and Ram offer free 1 month after sales technical support as part of our Web Design packages, and circumstances beyond our control make this unavailable for one week or more,we will inform you as soon as possible. Rom and Ram provide this free technical support in the interest of good customer relations, but it is not guaranteed and is not part of any contract.

39. You agree for Rom and Ram to place a text link on your website, which links to www.romandram.co.uk to indicate that we have designed your website. You also agree for your website to be featured on and linked from Rom and Ram as part of our website portfolio.

40. Any data created or stored by you within your account's server space is your property. Rom and Ram. makes no claim of ownership of web server content, e-mail content, or any other type of data contained within the account holder’s server space.

Logo Design Service

41. Rom and Ram will produce your initial concepts within 5 business days from the date of your order. We will supply 2 designs for your approval. You may select one of these designs as your final image and we will allow up to 5 revisions of your chosen design. If you do not like the initial 2 designs, we will submit 2 more designs to you within 5 business days. You will then need to select one of the designs again and we will allow 3 revisions of this chosen design. If you don`t like any of second batch of designs, no further designs will be created.

42. Rom and Ram expect you to perform researching on your service / company name to make sure that the name is not already in use and securing a trademark or service mark to protect the legal rights to any name or image. Rom and Ram is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

43. Copyright of the final design will become the property of the Client, and will have unlimited, indefinite, and royalty-free use of the image upon payment of fee. Rom and Ram will retains all rights to display the design in our portfolio and any advertising materials. All preliminary designs, which are not selected by the Client remain the full property of Rom and Ram.

44. All Clients agree to provide Rom and Ram with prompt responses after receiving any contact from us via e-mail, phone or post. Client shall have 7 days to respond. If after 7 days the Client has failed to respond, Rom and Ram will assume that the design is complete. Rom and Ram will have no further obligation to the Client, and the Client shall pay Rom and Ram the Logo Design fee within 5 business days.

45. Abandon Hardware / Items :

Any hardware / item given to a Rom and Ram Technician for the purpose of repair / diagnosis will be considered abanonded if within a period of 6 months from the date we receive said hardware / item :

(i) we have had no confirmation from the customer that they would like to go ahead with any repairs / diagnosis

and / or

(ii) the customer has failed to collect the hardware / item back from us

and / or

(iii) the customer has not confirmed a delivery date for us to return the hardware / item to them

If no confirmation is given to us or the customer has failed to collect their hardware / item after 5 months, we will notify the customer by email or registered letter informing them that their hardware / item will be disposed of after a further 1 month from the date of the email / registered letter. The hardware / item will then be recycled when the month notice has passed. The receipt / electronic receipt by Rom and Ram for the registered letter or email sent to the customer and further, accepted by the customer together with their failure to contact us within the 1 month time frame, is their acknowledgement that the hardware / item is now abandoned and will thereby transfer ownership to Rom and Ram for disposition.

Abandoning and recycling of hardware / item does not relieve the customer from any payments that may be due. Rom and Ram reserve the right to pursue collections of payments due (if applicable) and by failing to respond the customer agrees to be liable for any and all costs incurred in any such collections.

We reserve the right to withdraw any future services to customers who have previously abandoned their hardware / item with us.

Liability

46. In no event will Rom and Ram be liable for any loss of data or loss of profits / revenue, before, during or after a service has been performed by Rom and Ram.

47. Rom and Ram will make every effort to preserve the integrity of any system / equipment while under repair, the Customer agrees not to hold Rom and Ram responsible for any damages, accidental or otherwise to the equipment in its possession, including but not limited to cosmetic blemishes, cracks or scratches.

48. The liability of Rom and Ram in relation to any services provided, including any negligence or delay in delivery of service on its part, or loss or damge of hardware or media, shall be limited to the price originally quoted for the services.

49. There are risks of damage to media or hardware that are involved when performing data recovery or repairs. The customer needs to be aware of this. This can include without limitation, risks due to damage or destruction to the media or hardware and/or the data stored, inaccurate or incomplete data recovery and any inability to recover data, including those that have resulted from the negligence of Rom and Ram. The customer agrees not to hold Rom and Ram responsible for any damage or loss of hardware, media or data loss. In case of any damage or loss to the original media or hardware, the liability of Rom and Ram will only be limited to providing the customer with similar media or hardware of same price or storage capacity.

50. Rom and Ram will not be liable to the Customer whether in tort, contract or otherwise and even if foreseeable by or in the contemplation of Rom and Ram for : (i) any loss of business, revenue, profits, anticipated savings or goodwill, whether this is sustained by the Customer or any other third party; or (ii) by any indirect, any special circumstances, or consequential loss, whether sustained by the Customer or any other third party.

51. Advice or recommendations provided by Rom and Ram that are acted upon, are entirely at the Customer's own risk. Rom and Ram will not be liable for any such advice or recommendation which is not confirmed in writing.

Confidentiality

52. Each party will treat all confidential information obtained from each other and will not divulge any such information to any other person without the other party's prior written consent.

Complaints

53. In the unlikely event that you are unhappy with any aspect of our service, please contact us at complaints@romandram.co.uk so that we can resolve or discuss any issues with you. Please make your complaint within 1 month of complaint arising.

Laptop / Netbook Screen Replacement

54. Any screen provided and fitted by Rom and Ram come with a 90 Day Return to Base Warranty (from date on invoice). If the screen shows a manufacturers fault within this time frame we will replace it at no cost. We will not replace if damage is caused by liquid spills or accidental / physical damage caused to the screen.

Remote Support

55. Remote Support

Rom and Ram cannot guarantee this service will resolve the IT problem or that the attempt to resolve technical issues will not cause additional problems requiring an onsite visit.

Rom and Ram are not liable for any consequential damages and it is the client’s responsibility to backup all applications and data prior to the session.

By using this Remote Support Service you understand that:

All remote service and software is provided at the customer’s sole risk.
You are responsible for the backup of your data and applications.  
Rom and Ram are not liable for consequential damages of any kind.  
Rom and Ram are not liable for unauthorised access to anybody's computers via remote software.
Rom and Ram will not disclose passwords or IDs to any 3rd party.
You are over 18 years of age and are the rightful owner of the system.

The ability for Rom and Ram to remotely access your computer significantly enhances our ability to resolve your technical
problems quickly. You understand that, by requesting such assistance, you are providing Rom and Ram technical support
with access to and control of your computer.

In doing so, you could be providing Rom and Ram technical support personnel with access to files that reside on your
computer, therefore, you accept responsibility for any changes made to the desktop content or system settings. 
 
Rom and Ram does not assume and is not responsible for any liability for the linking and viewing of any desktop content,
the operation of the remote access software or system performance.

Rom and Ram recommends that, for your security and privacy, you exit any open applications that contain personal or
confidential information before initiating a remote support session.  

Rom and Ram further recommends that you remain seated at your desktop throughout the entire remote session.

By accepting these terms and conditions, you acknowledge that remote intervention may in some cases result in data
loss and/or software corruption on your computer therefore Rom and Ram explicitly recommends that you back up the
data from your computer before accepting remote technical support.  

If you do not back up your data, you run the possibility of irretrievable loss of such data and Rom and Ram will not be liable for any data or extra costs incurred from 3rd parties, however caused.

Remote Software

The Remote Access software that we use is extremely secure. All remote sessions are protected with TLS and 256-bit AES encryption, the same security standard used in HTTPS/SSL technologies - the gold standard in security on the internet. User IDs and passwords are encrypted in-flight and at rest. All connections, file transfers, and management events are logged.

You are in full control and can end the session at any time.  To access your PC, you will be prompted to accept the in-coming connection. No connection can be made to your system unless you allow the connection.

You can remove the software at anytime via the Windows control panel Add/ Remove programs option.

The Remote Connection

When you have agreed to use our remote service, you will need to initiate a secure connection with one of our
support engineers.

In order to create this connection, you will download and install the Remote Access software from our website

After use, the software installed can either be removed from your machine or left on for future use in either an
activated or deactivated state.  

Please note: After the support session has ended, the Engineer cannot access your system in the future unless you explicitly allow this by accepting the connection.

Rom and Ram treat all data in strict confidence.