All customers and website visitors agree to be bound by terms and conditions of service set forth below upon usage of any services offered by Sentient Systems and its associate partners as defined herein. 1. Definitions and Interpretation 1.1 In these terms and conditions the following words have the meanings given:- “Contract” means a contract for the purchase by the Customer of Products or Services from Sentient Systems incorporating these terms and conditions and arising from the acceptance by Sentient Systems of an Order; 1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary. 1.3 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated. 1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions. 2. Contract Formation 2.1 All Orders submitted by the Customer to Sentient Systems and accepted by Sentient Systems shall be subject to these following terms and conditions which shall form part of and govern any Contract. 2.2 Usage of any service or receiving any estimate or quotation for any Products and/or Services by the customer issued by Sentient Systems either verbally, by phone or in person, or in writing, including by email, shall be deemed acceptance of these terms and conditions. 3. Price 3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer’s enquiry. 3.2 Sentient Systems is not VAT registered. The cost of parts required to carry out a successful repair will be added to a labor charge. Unless otherwise stated, A minimum standard charge for 1 hours applies to any on-site visit. If the on-site visit takes longer than 1 hour, the customer will be charged for the extra half hour(s) of labor. Sentient Systems operates a No Fix – No Fee policy see note 6.2 and 6.3. 4. Payment 4.1 Payment for services and parts must be made by Credit/Debit Card, Cash, BACS at the time the engineer finishes the visit, or the repair is fixed at the workshop and the repaired item returned to the customer. 4.2 All payments made by the Customer to Sentient Systems shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever. 4.3 The customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with or against any third party. 4.4 Failure to pay the full amount due using any of the payment methods in 4.1 after services have been carried out may result in administrative charge(s) of £25 each week for a maximum of four weeks. Failure to arrange payment or return correspondences, either by Phone, Email or in Writing, may result in collecting the payment using an appropriate collection agency. 5. Warranties 5.1 Sentient Systems, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by Sentient Systems under an agreement with the manufacturer or supplier of the relevant Product. 5.2 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer. 5.3 Sentient Systems may in its discretion offer support or maintenance services with respect to Products or services. 5.4 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded. 5.5 All work is covered by a labor only 30 day warranty. If the same problem re-occurs within 30 days of the repair as stated on the invoice/receipt, Sentient Systems will only charge for any additional parts that may be required. Excludes faults caused by software, computer virus and end user errors. 5.6 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, computer 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. 5.5 Parts or Equipment supplied will be replaced only if found faulty and covered by the manufacturer’s warranty. 6. Terms of Service 6.1 Sentient Systems will make every possible effort to preserve their customers’ data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired and tested. The customer agrees not to hold Sentient Systems responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network. 6.2 Onsite visits benefit from a no-fix no-fee policy if the engineer is technically unable to fix or diagnose the original reported problem but where the fix is possible by replacement of a faulty part or parts and the customer does not agree to the replacement of the faulty part, Sentient Systems reserves the right to charge the Customer a diagnostic fee that matches the callout fee. If Sentient Systems technician(s) can’t fix or diagnose the problem on-site due to external dependencies such as faulty equipment or no internet service or lack of original disks or drivers, the customer is liable to pay the callout charge agreed at the time of booking. If at least one of the original problems reported by the customer is fixed by the on-site technician, the customer is liable to pay the full price agreed at the time of booking. If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by Sentient Systems technicians, a fix or diagnosis will have deemed to have taken place. No-fix no-fee does not apply to Businesses, Mechanical Data Recovery, Motherboard Repair or any 3rd Party Fees. 6.3 Workshop repairs benefit from a no-fix no-fee policy if the engineer is technically unable to fix or diagnose the original reported problem but where the fix is possible by replacement of a faulty part or parts and the customer does not agree to the replacement of the faulty part, Sentient Systems reserves the right to charge the Customer a diagnostic fee that matches the callout fee. If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by Sentient Systems technicians, a fix or diagnosis will have deemed to have taken place. Where several faults are reported by the customer and at least one of the faults has been successfully repaired, the Customer is liable to pay the full amount agreed at the time of booking. No-fix no-fee does not apply to Businesses, Mechanical Data Recovery, Motherboard Repair or any 3rd Party Fees. 6.4 If the customer’s computer develops a fault in the course of service delivery by Sentient Systems on-site or off-site, the customer agrees not to hold Sentient Systems responsible for the fault. However, Sentient Systems will do its best to remedy the problem at no cost to customer(s) unless parts are required. 6.5 All computers repaired in Sentient Systems workshops are checked for viruses before delivery to the customer. Sentient Systems is not responsible for any virus infections that occur after the customer has received the computer(s). A charge will apply for the removal of any virus(es) in the computer(s) after the delivery of the computer(s). 6.6 Where the Customer requires Sentient Systems to carry out any configuration or installation services either for the Customer and /or the end-user, Sentient Systems shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract. 6.7 Sentient Systems will use all reasonable endeavours to provide computer services in accordance with the terms of the Contract and will ensure that all the Services are provided with all reasonable care and skill and by suitably trained and qualified persons. 7. Cancellation, Returns and Refund Policy 7.1 If a Customer wishes to cancel a booked appointment, by an accepted order, they must do so two hours before the scheduled appointment time otherwise a £25 administration charge maybe given. 7.2 Any parts purchased for an accepted order can only be returned/refunded as per the agreement Sentient Systems has entered into with the Supplier including the time frame in which to do so. 7.3 If parts supplied by Sentient Systems become defective and are included in warranty policy then Sentient Systems will replace the defective part(s) at no cost to the customer. The customer must agree to pay any costs for returning the defective item. 7.4 If the Customer wishes to return the part(s) and is able to under the agreement Sentient Systems has entered into with the Supplier then any Services required to return the part(s) will be considered as additional Services. The customer must agree to the cost of any additional Services. 7.5 The agreement for parts purchased entered into by Sentient Systems with the Supplier which is subject to Distance Selling Regulations is passed onto the customer. 7.6 The cost for services carried out by Sentient Systems is non-refundable. 8. Privacy 8.1 The web domain sentientsystems.ie uses cookies to provide the best possible experience to our site visitors/customers. By continuing to use this site you agree to this. 8.2 Sentient Systems respects your privacy. Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of Sentient Systems. 8.3 Sentient Systems is not responsible for the content of external internet sites. Third party social media links on this site are used at the discretion of the site visitor. You are advised to read the privacy policy of external sites before disclosing any personal information. 8.4 No Card or Bank account details are recorded at any time Sentient Systems is providing services or taking payment for services. 8.5 While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to Sentient Systems and you are solely responsible for sentientsystems.ieining the secrecy of any passwords or other account information. In addition other Internet sites or services that may be accessible through Sentient Systems have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. 9. Liability 9.1 Sentient Systems shall a) not be liable for any claims regarding the physical functioning of the equipment and/or media or the condition or existence of data stored on the media supplied before, during or after services; b) In no event will Sentient Systems be liable for any loss of data or loss of revenue or profits before, during or after services even if Sentient Systems has been advised of the possibility of damages or loss to persons or property. 9.2 Sentient Systems’s liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services. 9.3 The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Sentient Systems. The customer agrees not to hold Sentient Systems responsible for any damage or loss of equipment or media or data loss. 9.4 Sentient Systems shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Sentient Systems for: (a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person. 9.5 Any advice or recommendations given to the Customer by Sentient Systems or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Sentient Systems, is followed or acted upon entirely at the Customer’s own risk and accordingly Sentient Systems shall not be liable for any such advice or recommendation which is not so confirmed. 9.6 While Sentient Systems will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Sentient Systems responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks. 10. Confidentiality 10.1 Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party’s own employees and then only to those employees who need to know the same) without the other party’s prior written consent. 11. Variations 11.1 Sentient Systems reserves the right to modify these terms and conditions. Any such modification will apply on the effective date specified in the said notice to all services and products provided by Sentient Systems. 12. Law 12.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts. 13. Waiver 13.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.
“Customer” means the person, firm or company ordering Products or services;
“Default” shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;
“Order” means any order for Products, or Products and Services, received by Sentient Systems from the Customer;
“Services” means any configuration or installation services provided by Sentient Systems as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products;
“Confidential Information” all information of whatsoever nature(whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Seller or the Buyer (as the case may be);
“Price” the price payable for the Products or Services as specified in the Purchase Order and payable in accordance with the terms of this Agreement;
“Products or Services” such products or Services to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer;
“Purchase Order” the Buyer’s purchase order for the Products or Services;
“On-site visits” any services delivered at the Customer’s premises;
“Workshop Repairs” any services delivered on Sentient Systems premises;
“Data Recovery” any attempt to recover, salvage or retrieve data from any computer storage media such as hard disks, floppy disks, USB disks, flash disks or any other computer-related equipment or media;