YOU HAVE EXPRESSED AN INTEREST IN OBTAINING GOODS OR SERVICES
FROM VIRGIN DIGITAL HELP LIMITED (“VIRGIN DIGITAL HELP”, “WE” or “US”) THROUGH
USING OUR WEBSITE LOCATED AT http://www.virgindigitalhelp.co.uk (THE “SITE”), BY
CONTACTING US OVER THE TELEPHONE OR BY USING OUR PC MATE. “YOU”, “YOUR” or
“CUSTOMER” REFERS TO THE CONSUMER OR BUSINESS WHO IS UTILISING THE SERVICES.
In these Terms “Consumer” means an individual or group of
individuals requesting our goods or services principally for home use.
In these Terms “Business” means ANY SMALL OR MEDIUM-SIZED
business, enterprise or company (including, without limitation, any partnership
or sole trader) THAT EMPLOYS LESS THAN 25 staff.
IMPORTANT!
BY CLICKING ON THE “I ACCEPT,” OR “CONTINUE” BUTTON OR BY
YOUR PAYMENT FOR OR USE OF THE GOODS OR SERVICES OR BY COMMENCING A DOWNLOAD,
YOU ARE DEEMED TO HAVE (1) ACCEPTED AND CONSENTED TO BE BOUND BY THESE TERMS
(THE “TERMS”), WHICH WILL THEN FORM A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU
AND US AND (2) CONFIRMED THAT YOU ARE RESIDING (IN THE CASE OF A CONSUMER) OR
REGISTERED AND OPERATING (IN THE CASE OF A BUSINESS) IN THE UNITED KINGDOM, ISLE
OF MAN OR CHANNEL ISLANDS AND THAT YOU ARE EITHER A CONSUMER OR BUSINESS AS
DEFINED ABOVE.
SO IT IS IMPORTANT THAT YOU READ THESE TERMS AND THE
POLICIES AND MATERIALS SPECIFICALLY REFERRED TO BELOW CAREFULLY. IF YOU DO NOT
AGREE TO THE TERMS, THEN VIRGIN DIGITAL HELP IS NOT WILLING TO PROVIDE THE GOODS
OR SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE “CANCEL” OR OTHER SIMILAR
BUTTON, REFUSE TO PAY FOR THE GOODS OR SERVICES OR OTHERWISE INDICATE REFUSAL
AND NOT USE THE GOODS OR SERVICES. PLEASE NOTE THAT WE ONLY PROVIDE GOODS AND
SERVICES TO CUSTOMERS WHO ARE RESIDING (IN THE CASE OF A CONSUMER) OR REGISTERED
AND OPERATING (IN THE CASE OF A BUSINESS) IN THE UNITED KINGDOM, ISLE OF MAN OR
CHANNEL ISLANDS AND WHO FALL WITHIN THE DEFINITION OF EITHER CONSUMER OR
BUSINESS SET OUT ABOVE. IF YOU ARE LOCATED, REGISTERED OR OPERATING (AS
APPROPRIATE) OUTSIDE OF THOSE TERRITORIES OR DON’T FALL WITHIN THE DEFINITION OF
EITHER CONSUMER OR BUSINESS PROVIDED ABOVE, YOU SHOULD NOT REQUEST ANY GOODS OR
SERVICES FROM US. IF WE ARE NOTIFIED OR SUSPECT THAT YOU ARE NOT LOCATED,
REGISTERED OR OPERATING (AS APPROPRIATE) IN THE UNITED KINGDOM, ISLE OF MAN OR
CHANNEL ISLANDS OR DO NOT FALL WITHIN THE DEFINITION OF EITHER CONSUMER OR
BUSINESS SET OUT ABOVE, WE MAY CEASE PROVIDING SERVICES TO YOU AND/OR CANCEL OUR
AGREEMENT WITH YOU ON THE TERMS.
THE POLICIES AND MATERIALS SPECIFICALLY REFERRED TO IN
THESE TERMS (SUCH AS THE PRIVACY POLICY AND THE DETAILS OF OUR PRODUCTS,
SERVICES AND PRICES) ARE INCORPORATED INTO THESE TERMS BY REFERENCE SO THESE
SHOULD ALSO BE READ CAREFULLY. SUCH POLICIES AND MATERIALS TOGETHER WITH THESE
TERMS, SHALL SET OUT THE WHOLE OF THE AGREEMENT BETWEEN YOU AND US IN RESPECT OF
THE GOODS OR SERVICES. IF THERE IS ANY INCONSISTENCY BETWEEN THESE TERMS AND THE
POLICIES AND MATERIALS INCORPORATED INTO THEM, THESE TERMS SHALL PREVAIL.
1. What Services Can We Provide?
In these Terms, “Services” means the services available through our Remote
Service (including Phone Support, Pay Per Fix, Pay As You Go Support and our PC
Mate) and through our Local Service, full details of each of which are available
at http://www.virgindigitalhelp.co.uk/our-services (the “details of our
products, services and prices”). A summary of the Services is set out below. All
our Services (subject to these Terms) are available to both Consumers and
Businesses.
Please note that, from time to time, we may make changes to the descriptions,
features or elements of any of the Services. This may include, for example,
where we add a new feature to Remote Service packages which we hope will improve
the service we provide to our customers. Except where the changes are intended
to improve our service to you, if you have already purchased the relevant
Service from us and such Service to you is ongoing, we will inform you if we
make any such changes and, if are not happy to continue to receive the relevant
Service, you may cancel your contract with us for the relevant Service. To do
this you must give us at least 30 days notice by phone to 0800 107 1175 or in
writing by post to the postal address set out at the bottom of these Terms or by
email to theteam@virgindigitalhelp.co.uk. If you give us this notice but you
have paid in advance for the relevant Service, we will refund you in respect of
any future period during which you will no longer receive the Service. In
addition, we may decide to withdraw any of our Services from all or specific of
our customers. To the extent that we remove a Service from you and you have paid
in advance for the relevant Service, we will refund you in respect of any future
period during which you will no longer receive the Service.
After entering into the Terms you may wish to purchase an additional Service
from us. Please note that we may have changed or updated the descriptions,
features or elements of any of the Services since you originally entered into
the Terms. You should consult the latest details of our products, services and
prices which are available at
http://www.virgindigitalhelp.co.uk/our-services or by calling us on 0800 107
1175, before purchasing these Services.
1.1 Remote Service (including our PC Mate)
If you select our Remote Service, we may provide it using our PC Mate (which
you can access at
http://www.virgindigitalhelp.co.uk) and/or over the telephone, through
remote control sessions, through live and automated chat sessions, through email
using the internet or by a combination of such mediums.
When providing our Remote Service, we may ask for your permission to use the
remote control tools to enable us to access remotely and take control of your
personal computer and selected other equipment such as smartphones. The remote
control tools, any other applications and any knowledge and articles are owned
by us or by third party licensors and suppliers and may be collectively referred
to as the “Support Tools” in these Terms. The Support Tools will be used to
analyse, diagnose and/or resolve problems and/or provide system optimisation
functions. You may use the Support Tools only as part of, or for use with, the
Service and for no other purpose.
By electing to receive our Remote Service, you agree to allow us to use
whatever Support Tools we may deem necessary to solve your problem, including
remote control. You understand that if remote control is used, we will not
provide you with any residual software from the remote session, however a report
may be created by xml or flash.
In the case where you use and/or purchase our PC Mate, your right to use the
software is granted for 12 months from the date that the relevant version you
are using was released. We may extend your right to use this software beyond
this 12 month period, on a month by month basis, without any notice to you.
1.2 Local Service
Our Local Service, if you select it, may include setting up and configuring
your computer or other equipment such as networking peripherals and equipment,
fault diagnosis and rectification at your home (if you are a Consumer) or your
office (if you are a Business). However, when you make the appointment with us,
we will agree with you in more detail what the service is that you require as
well as the fee in accordance with paragraph 7.7 below.
Please note that at present we only provide our Local Service to customers
located in certain postcodes. The relevant postcodes can be found at
http://virgindigitalhelp.co.uk/our-services. There may be occasions on which
we are able to provide our Local Service to customers located outside our listed
postcodes but this may carry an additional fee. We will inform you of this when
your appointment is being booked. If you are in any doubt, just call us on 0800
107 1175.
1.3 Service Limitations
We will NOT provide support to any customer for complex firewall
configurations, wide area networks or virtual private networks, multi-subnet
networks, VLAN set-up and configuration, enterprise routers, domain or active
directory based networks, file servers or file server operating systems or any
server support or other complex systems.
2. What Are We Undertaking To Do For You?
If you purchase a Service from us in accordance with these Terms, please note
that:
2.1 We shall provide the Service using reasonable skill and care. We will use
reasonable efforts to meet the response and completion times which we publish
but actual timings may vary depending, among other factors, on the complexity of
problems, availability of staff, remoteness or accessibility of your location,
weather conditions and availability of components.
2.2 We will use reasonable efforts to diagnose and solve problems but may not
be able to advise you on all issues or solve all problems that you refer to us.
If we cannot resolve your problem or address your need, you will still be liable
for fees for time spent by our service representatives in attempting to correct
a problem and/or (as applicable) for the download you have made. In the course
of providing a Service, we may determine that the issue is beyond the scope of
the Service. We may use reasonable efforts to refer you to the appropriate
alternative resource, however we may not be able to transfer you directly to an
alternate resource.
2.3 There may be a situation where we have quoted a fixed price for a Pay Per
Fix service but can’t advise on or solve a problem, or provide the service, that
we had agreed would be included within the fixed price. To the extent this
happens, we’ll reimburse you for any applicable fee which you have already paid
to us. If we have been unable to fulfil requests which are outside the fixed
price services, we won’t provide any refund.
2.4 If you use our Local Service, we will use reasonable efforts to ensure
our technician keeps his or her appointment with you. However, if they are
delayed in arriving with you, they will take steps to get in touch with you to
give you reasonable notice of the anticipated delay. Unfortunately there may
also be occasions when we have to re-schedule an appointment due to matters
which are outside our reasonable control (such as illness or extreme weather
conditions). Although we won’t be responsible to you for any delay or
re-scheduling of appointments due to matters outside our reasonable control, we
will look to provide you with an alternative slot reasonably promptly.
2.5 If you purchase a paid-for Remote Service and we fix your problem but
that problem recurs within 48 hours, then we’ll attempt to fix the problem again
with no additional fee. However, this paragraph 2.5 is subject to a number of
limitations as follows: 2.5 is subject to a number of limitations as follows:
(i) it does not apply in respect of any hardware or equipment which is
faulty;
(ii) if the initial fix was required as a result of spyware or a virus, this
paragraph 2.5 does not apply unless you had current anti-spyware and anti-virus
protection updated or installed during the fix or immediately following the fix;
(iii) it does not apply unless the recurring problem was directly caused by
the same issue we identified when we carried out the previous fix;
(iv) it does not apply unless you have complied in full with the
recommendations we made to you and with these Terms; and
(v) it covers only one further attempt to fix the problem.
3. What Are The Basic Requirements for Receiving our
Services?
3.1 If you wish to receive any of the Services, it is essential that you
have:
EITHER (in the case of a computer) a computer in fully working order which is
appropriately licensed and at least:
- Windows® Internet Explorer® 6.0 or higher
- High Speed Internet Connection (Recommended). However, such services
can also be provided on a dial-up connection and the customer agrees that the
Service and Support Tools will be more time-consuming
- 800MHz CPU
- 256 MB RAM
- 500MB available hard disk space
- A compatible modem or, as appropriate, wireless router
- Microsoft® Windows® XP operating system and upwards (Recommended).
However, some of the Services can also be provided on Microsoft® Windows® 98
operating system and upwards
- An available USB, wireless or ethernet port
- All valid software licences relevant to your operating system
- All valid software licences relevant to all applications on your
computer
- All relevant licences keys (which must be provided to us if we request
them from you)
OR (in the case of other relevant equipment) another equivalent item of
equipment which is without mechanical failure and has all valid software
licences relevant to the equipment and to all applications on the equipment.
3.2 For wireless networking the following are also
essential:
- All relevant passwords, disk and key codes (as appropriate) for
operating systems and the customer's internet service provider
- If any computers or peripherals are to be networked then they must all
be installed and operational (including connection to any broadband modem)
before the Service is requested and all such computers need to have at least
10MB available hard drive space and 32 MB RAM
4. What Else Do We Expect From You?
If you request a Service from us, please note that our provision of the
Service to you will be subject to you complying with the following provisions of
this paragraph 4. If you don't fulfil any of these conditions, Virgin Digital
Help may choose not to (or be unable to) provide the Service to you, may suspend
or cancel the provision of the Service to you or may cancel its agreement with
you under these Terms. Please note that you may not be entitled to a refund and
that we may be entitled to charge a cancellation fee to compensate us for any
reasonable costs and losses caused by your breach of this paragraph 4.
4.1 You must pay the relevant fees promptly as and when they fall due (see
paragraph 7 below, 'Prices and Payment').
4.2 You must comply with paragraph 3 above ('What Are The Basic Requirements
for Receiving our Services?').
4.3 You must provide us with all reasonable courtesy, information and
cooperation to enable us to deliver the Services and you will be responsible for
all telephone and postal charges in contacting us. It is also essential that you
comply with those instructions reasonably provided by us in connection with our
Service. This includes instructions regarding, for example, use of security
software.
4.4 All information that you provide to us must be accurate, including names,
addresses, email addresses, credit, debit or other card numbers, expiration
dates or any other payment information required by us. You further represent
that you authorise us to bill the fees to the credit, debit or other card that
you provide to us.
4.5 If you select our Local Service, you must make sure that an adult who is
at least 18 years old is present for the whole of the visit by our technician.
You must also give our technician the necessary access to your premises, a safe
environment (and space) to work in and electrical power, as well as access in
full to the relevant computers, peripherals and other equipment. Our technician
will act reasonably but if he or she is of the view that you are not compliant
with any of these requirements, he or she may refuse to provide the Local
Service. Please note that, where this occurs, your fee may not be refunded to
you in order to compensate us for the reasonable costs resulting from your
failure to comply with these requirements (see details of our products, services
and prices at
http://www.virgindigitalhelp.co.uk/our-services or call us on 0800 107
1175).
If you believe you may not be able to comply with these requirements after
booking a Local Service appointment you may wish to seek to cancel or
re-schedule the appointment. See paragraph 6.4 for further details.
4.6 If you select our Remote Service, one of our service representatives may
request your consent to use our remote control tools to access your computer (or
other relevant equipment such as smartphones). If you do not provide such
consent, we are unlikely to be able to provide you with the Service.
4.7 IMPORTANT! PLEASE ALSO REMEMBER THAT YOU ARE SOLELY
RESPONSIBLE FOR THE CONTENT IN YOUR COMPUTERS AND IN ANY OTHER HARDWARE DEVICES.
YOU MUST BACK UP ALL THE FILES, DATA AND SOFTWARE ON YOUR COMPUTER AND OTHER
EQUIPMENT BEFORE REQUESTING ANY SERVICES FROM US.
IN ADDITION, IF WE WORK WITH YOU ON ANY PROBLEMS WHICH RELATE
TO PASSWORD OR OTHER ACCESS CONTROL, WE STRONGLY RECOMMEND THAT YOU RESET SUCH
PASSWORD(S) IMMEDIATELY FOLLOWING COMPLETION OR CANCELLATION OF THE SERVICES.
5. Limitation of Liability
5.1 We will use reasonable care and skill in providing the Services within a
reasonable time and substantially as described in the Terms. However, in
providing the Services, we may not be able to resolve all difficulties, issues
and problems that you are suffering. If this occurs we will act in accordance
with paragraph 2.2 above but we give no warranty as to the outcome of the
Services.
5.2 In relation to any hardware or other equipment that we supply to you in
the course of providing the Services, we agree that they will be of satisfactory
quality and fit for purpose.
5.3 We do not give any warranty that (i) the Services, the PC Mate, the Site
or any goods that we supply will meet your requirements, (ii) the Services, the
PC Mate or the Site will be uninterrupted, secure or error-free, (iii) the
results that may be obtained from the use of the Services, the PC Mate, the Site
or any goods that we supply will be accurate or reliable, or (iv) any errors in
the Services, the PC Mate and/or the Site will be corrected.
5.4 We shall not be liable to you for:
(a) any acts or omissions of a telecoms service provider;
(b) fixing or replacing equipment that we diagnose as faulty;
(c) any service which is outside the scope of these Terms;
(d) any failure by us caused by matters outside our reasonable control as set
out in paragraph 12 below;
(e) any failure by us which results from any material breach by you of the
Terms or from your failure to implement our reasonable recommendations or
instructions communicated to you;
(f) any loss which is not reasonably foreseeable to both parties at the time
of entry into these Terms;
(g) any impact our goods or Services may have on any warranty or guarantee
you may have in respect of your own equipment;
(h) any loss of profits, income or revenue;
(i) loss of business or goodwill
(j) wasted time or loss of anticipated savings;
(k) damage to hardware or other equipment (so far as permitted by law); or
(l) any loss, destruction or corruption of data.
5.5 Nothing in these Terms shall limit or exclude our liability for death or
personal injury caused by our negligence (or that of our technicians,
sub-contractors or agents), for fraud or fraudulent misrepresentation, (to the
extent that you are a Consumer customer) for any liability arising under Part I
of the Consumer Protection Act 1987 or for any other matter in respect of which
it would be illegal or unlawful for us to exclude or attempt to exclude our
liability.
5.6 Virgin Digital Help's aggregate liability to you and any other person
(whether in contract, tort, for breach of statutory duty or otherwise) shall not
exceed an amount equal to the fee paid by you for the relevant Service or, in
respect of a Service purchased on a subscription basis, the total fees paid by
you for that Service during the preceding 12 months.
5.7 You may look to your local trading standards office or Citizens' Advice
Bureau for information about your legal rights.
6. Here's How To Request (Or Cancel) Our Services
6.1 To request our Remote Service, or to make a booking for our Local
Service, call us on 0800 107 1175. We try to ensure that this line is available
24/7.
6.2 As an alternative, you can seek help using our PC Mate by going to
http://www.virgindigitalhelp.co.uk.
6.3 You can make an appointment for our Local Service for any time between
9.00 a.m. and 5.00 p.m. on any day except Sundays, Mondays and public holidays
in the United Kingdom, subject to availability. If you would like an appointment
for any time outside of these hours, and if we are in a position to service this
request, a supplementary fee may be levied (as set out in the details of our
products, services and prices at
http://www.virgindigitalhelp.co.uk/our-services).
6.4 If you wish to cancel or re-schedule a Local Service appointment, you can
do this at no charge any time up to 5.00 p.m. on the day which falls 2 days
before your appointment. However, if you want to cancel or re-schedule any later
than this (or if you miss your appointment), Virgin Digital Help may not refund
your fee (see details of our products, services and prices at
http://www.virgindigitalhelp.co.uk/our-services) and you may be charged in
full for any replacement appointment.
6.5 To the extent that you are a Consumer customer, you have a right pursuant
to the Consumer Protection (Distance Selling) Regulations 2000 to cancel your
agreement with us at any time up to the expiry of a period of seven working days
beginning on the day the agreement is made. However, this right will not be
available if:
(a) you make an appointment for our Local Service for a time which falls
within this seven working day period; or
(b) you request our Remote Service and we have commenced providing you with
that Service (whether over the phone, through a chat session, through your
downloading the PC Mate or otherwise) within this seven working day period.
To exercise this right you must contact us by phone on 0800 107 1175 or in
writing by post to the postal address set out at the bottom of these Terms or by
email to
theteam@virgindigitalhelp.co.uk.
6.6 You may also cancel your agreement with us relating to:
(a) the PC Mate service at your discretion as set out in paragraph 7.6(i)
below; and/or
(b) the Phone Support service at your discretion as set out in paragraph
7.6(iv).
To do so you should contact us by phone on 0800 107 1175 or in writing by
post to the postal address set out at the bottom of these Terms or by email to
theteam@virgindigitalhelp.co.uk. Please note that the rights set out in this
paragraph 6.6 apply to both Consumers and Businesses.
7. Prices and Payment
7.1 The fee due from you for each of our Services is set out in the details
of our products, services and prices at
http://www.virgindigitalhelp.co.uk/our-services. These prices include VAT.
Please note that our fees may change over time so you should always check the
Site or call us on 0800 107 1175. We will inform you if we change the fees for
any of our Services which you have already ordered from us. If the fees have
increased and if you are not happy to continue to receive the relevant Service
with the revised fee, you may cancel your agreement with us for that Service. To
do this you must give us at least 30 days notice by phone to 0800 107 1175 or in
writing by post to the postal address set out at the bottom of these Terms or by
email to
theteam@virgindigitalhelp.co.uk. If you give us this notice but you have
paid in advance for the relevant Service, we will refund you in respect of any
future period during which you will no longer receive the Service.
After entering into the Terms you may wish to purchase an additional Service
from us. Please note that we may have made changes to the fees for our Services
since you originally entered into the Terms. You should consult the latest
details of our products, services and prices at
http://www.virgindigitalhelp.co.uk/our-services) or by calling us on 0800
107 1175, before purchasing these Services.
From time to time we may also offer our Services at promotional prices to
customers who meet certain criteria. Such promotions will only be available to
those who meet the specific criteria and each such customer may only use a given
Service once at the promotional price.
If you take up our Local Service and, during our technician's visit to your
home or office (as appropriate), he or she arranges for you to purchase any
equipment, parts or other hardware from us, then he or she will advise you of
the applicable price at the time.
7.2 By providing us with your debit or credit card details (or other payment
details accepted by us) you are (i) authorising us to take payment of all
amounts due and owing to us for the goods or Services and (ii) warranting and
representing that you are 18 or older. Except in relation to the PC Mate or
Phone Support service, or as otherwise agreed by us in writing, all payments for
the goods or Services must be made at the time of purchase prior to receiving
the goods or Services from us. If we need to recover any outstanding payment,
recovery costs shall be payable by you and interest at a rate of 4% above the
base rate of the Bank of England from time to time shall also be payable from
the due date for payment until payment is made (whether before or after
judgement).
7.3 Once payment has been received we will send an invoice to you by email.
Invoices are not available in paper or other forms.
7.4 If you do not pay the relevant fees when they are due in accordance with
the Terms, we may cancel or suspend any further Services, cancel our agreement
with you and/or refuse to provide you with any goods or Services in the future.
This does not limit any other rights or remedies that we may have.
7.5 Any refund which may be payable under these Terms will be limited to the
price actually paid by you on a per Service/item basis.
7.6 Remote Service
For our Remote Services, we will charge you as follows. For further details,
see the details of our products, services and prices at
http://www.virgindigitalhelp.co.uk/our-services).
(i) PC Mate. Certain uses of our PC Mate are available without charge, as
provided at
http://www.virgindigitalhelp.co.uk/our-services. Please not that we may
change the scope of the uses of the PC Mate that are provided free of charge
from time to time without notice to you. However, for use of certain software
packages available via the PC Mate, we charge a fixed fee payable each month in
advance (again see
http://www.virgindigitalhelp.co.uk/our-services or call us on 0800 107 1175
for fee details). This fee covers only the specific scope of the service
available through those software packages. We will determine on which day of
each month you will be charged and will make you aware of this. In order to
access these software packages through our PC Mate, you must pay to us the first
month's fee upfront and thereafter your PC Mate subscription will continue
indefinitely (and you will continue to be charged the fixed monthly fee) unless
and until cancelled. You may cancel your subscription at any time by giving us
notice by phone to 0800 107 1175 or in writing by post to the postal address set
out at the bottom of these Terms or by email to
theteam@virgindigitalhelp.co.uk. If you cancel your subscription part way
through a contract month and have paid in advance for that month's service, your
service will continue to the end of that contract month. For further details of
our PC Mate and those functions available through it on a paid-for or free
basis, please see
http://www.virgindigitalhelp.co.uk/our-services or call us on 0800 107 1175.
12-Month Packages: Please note that we may offer certain software packages
via the PC Mate at a discounted rate for customers who choose to pay for a 12
month subscription up-front (call us on 0800 107 1175 for more details). If you
choose to pay up-front for 12 months' subscription, please note that
notwithstanding any provisions to the contrary set out above in this paragraph
7.6(i):
(a) your total fee for the full period of the subscription will be due and
payable in advance and will not be payable on a monthly basis;
(b) you commit to a 12 month fixed term subscription and if you want to
cancel your subscription before the expiry of this fixed term, you may not be
refunded any of the fees you have paid to compensate us for the reasonable costs
and losses we suffer as a result of your cancellation;
(c) on the expiry of the 12 month fixed term, your subscription will
terminate and may not continue indefinitely or be automatically renewed.
(ii) Pay Per Fix. If, when you contact us we agree to provide you with a
fixed scope of service for a fixed price per computer or piece of relevant
equipment (in accordance with the Schedule of Prices), you will be charged this
fixed price regardless of the time taken to complete the agreed scope of
service.
(iii) Pay As You Go Support. If you purchase a Pay As You Go Support service
from us, we will charge you a fixed price for a fixed number of minutes of
service (call us on 0800 107 1175 for more details). If we complete a given
service and have not used all the minutes you have bought, these minutes will
remain on your account for future use for one year from the date on which you
bought those minutes from us (subject to our right to cease or suspend providing
Services to you or cancel our agreement with you in certain circumstances in
accordance with these Terms). If you need to extend the length of any telephone
call to us or service session beyond the number of minutes you have bought, you
may be required to pay an additional fee or, if you have contacted us by phone,
to call back again. We will advise you of this during the call.
(iv) Phone Support. For a Phone Support subscription, we charge a fixed fee
which is payable each month in advance. This fee covers only the specific scope
of the service available through the relevant Phone Support package and is
payable whether or not the customer actually makes use of the service in any
given month. We will determine on which day of each month you will be charged
and will make you aware of this.
If you are a new customer, you must commit to a 12 month minimum term
("Minimum Term") for the Phone Support service. If you an existing customer,
meaning that you have purchased Services in the preceding 12 months, you must
commit to a 6 month minimum term. If you want to cancel your Phone Support
subscription before the expiry of the Minimum Term we may charge you any
outstanding amount of the fixed fees payable for the Minimum Term to compensate
us for the reasonable costs and losses we suffer as a result of your
cancellation. On expiry of the Minimum Term, your Phone Support subscription
will continue indefinitely (and you will continue to be charged the fixed
monthly fee) unless and until your Phone Support subscription is cancelled.
You may cancel your Phone Support subscription any time after the expiry of
the Minimum Term as long as you give us at least 30 days notice. Your notice of
cancellation must be given by phone to 0800 107 1175 or in writing by post to
the postal address set out at the bottom of these Terms or by email to
theteam@virgindigitalhelp.co.uk.
We may cancel your Phone Support subscription any time after the expiry of
the Minimum Term as long as we given you at least 30 days notice. If we cancel
your subscription in this way with effect from part way through a contract
month, and you have already paid in advance for that month's service, we will
refund you in respect of the balance of that month.
You may also:
(a) upgrade your Phone Support subscription to any available higher value
package at any time;
(b) purchase additional support in the form of a Pay As You Go Support
service; or
(c) downgrade your Phone Support subscription to any available lower value
Phone Support package at any time.
No additional minimum term will apply if you change your Phone Support
subscription to a higher or lower value package at any time.
Your Phone Support subscription is subject to the following fair usage
policy. This fair usage policy is based on an annual allowance of minutes of
telephone and/or remote support over a year ('Annual Allowance') and you must
not exceed the relevant Annual Allowance. The following annual allowances apply,
HOWEVER please note that we will monitor usage against this allowance on a pro
rated rolling 3-month basis as outlined in further detail below:
Monthly Fee Annual Allowance Scope of Service £8 240 minutes This allowance can
be used with respect to any technical issue which falls within the overall scope
of our Remote Service. £10 240 minutes This allowance can be used with respect
to any technical issue which falls within the overall scope of our Remote
Service..
This package includes one user licence for AVG Internet Security 9.0.
Please note that the Annual Allowance limits set out above are an aggregate
allowance in respect of all computer(s) and any other relevant equipment which
may be covered under each package.
If you are in any doubt about the connected digital devices which may be
covered by your Phone Support package, see
http://www.virgindigitalhelp.co.uk/our-services or call us on 0800 107 1175,
before you purchase any Services.
Please note that these are fair usage allowances and not an entitlement to a
fixed allocation of support time. Therefore, any minutes of your Annual
Allowance remaining at the end of the year will not be 'rolled-over' for use in
the following year.
We monitor usage against the Annual Allowance and if you are approaching or
have exceeded a pro-rated level of your Annual Allowance in any 3 month period
we will discuss with you whether you would like to upgrade to a higher value
Phone Support subscription with an increased Annual Allowance or purchase Pay As
You Go support. The pro rated Annual Allowance for £8 and £10 packages for any 3
month period will be 60 minutes.
If you have exceeded the pro-rated level of your Annual Allowance in any 3
month period and do not elect to upgrade your Phone Support subscription or
purchase Pay As You Go support, we may cancel your Phone Support subscription
and/or our agreement with you. If this occurs:
(a) during the Minimum Term, we may charge you any outstanding amount of the
fixed fees payable for the three month subscription; or
(b) after the expiry of the Minimum Term, we will retain all fees you have
paid for your Phone Support subscription to date;
to compensate us for the reasonable costs and losses we suffer as a result of
you exceeding your Annual Allowance.
Please note that we may charge you additional fees if we believe you are not
taking the necessary measures to protect and maintain your digital system (for
example, through regularly running our PC Mate or using appropriate security
software).
12-Month Packages: Please note that for certain of our Phone Support
services, we may offer a discounted rate for customers who choose to pay for a
12 month subscription up-front (call us on 0800 107 1175 for more details). If
you choose to pay up-front for 12 months' subscription to such a Phone Support
service, please note that notwithstanding any provisions to the contrary set out
above in this paragraph 7.6(iv):
(a) your total fee for the full period of the subscription will be due and
payable in advance and will not be payable on a monthly basis;
(b) you commit to a 12 month fixed term subscription and if you want to
cancel your Phone Support subscription before the expiry of this fixed term, you
may not be refunded any of the fees you have paid to compensate us for the
reasonable costs and losses we suffer as a result of your cancellation;
(c) on the expiry of the 12 month fixed term, your subscription will
terminate and will not continue indefinitely or be automatically renewed;
(d) if at any time during the 12 month fixed term you exceed the relevant
Annual Allowance, we may cancel your subscription or may cancel our agreement
with you and we will retain all fees you have paid for the subscription to date
to compensate us for the reasonable costs and losses we suffer as a result of
you exceeding your Annual Allowance; and
(e) save as inconsistent with items (a) to (d) above, all other provisions
set out in this paragraph 7.6(iv) will apply to you and your subscription.
7.7 Local Service
Fees for our Local Service are set out at
http://www.virgindigitalhelp.co.uk/our-services. Our fee for a technician's
visit to your home or office (as applicable) assumes a one hour appointment,
however clearly our representative will endeavour to do what is necessary to
conclude the task. This could be more or less than one hour. If the visit takes
more than one hour or you request (and we agree) to a longer visit than one
hour, we may charge you a supplementary fee (see details of our products,
services and prices at
http://www.virgindigitalhelp.co.uk/our-services or call us on 0800 107 1175
for such fee information). Alternatively you may need to book another slot. Our
representative will talk this through with you during his or her visit. If the
visit does not take up the full hour, we will not provide you with any
reimbursement or let you carry over any balance of time to a subsequent visit.
If, during a visit by one of our technicians, he or she facilitates you in
purchasing any goods from us, information as to the payment terms for those
goods is set out in paragraph 8 below.
7.8 Call Charges
Calls to our 0800 107 1175 number are, as at the date when these Terms were
produced, free from landlines. However, charges from other service providers and
mobiles may vary so please check with your service provider for details.
8. Purchase of Third Party Goods and Equipment
8.1 If you take up our Local Service and, during our technician's visit to
your home or office (as appropriate), he or she arranges for you to purchase any
equipment, parts or other hardware from us, then this paragraph 8 will apply.
Please note that any such items will have been produced by third party
manufacturers. If you become aware that any item is missing and/or defective,
you should contact us (either by telling our technician on-site during the visit
itself or by contacting us on 0800 107 1175). In any event, you should retain
all such items, the original packaging, all accessories, cables and software
which came with the hardware (all in the condition in which they were provided
to you), so that you can return them to us. Neither we nor the third party
manufacturer will be responsible for any defect which has been caused by you.
8.2 As part of the Services, we may suggest that you acquire, install and use
certain third party software (such as AVG anti-virus software). If you do so,
such third party software will be licensed to you by the respective owner or
licensee of the software. You must agree directly to the terms and conditions
provided by such third party before installing this software. You should read
carefully such third party's own terms and conditions.
Even where we assist you with the acquisition, installation and/or use of the
software, Virgin Digital Help makes no representation or warranty to you
regarding any such third party software. If you suffer any issues or problems
with this software you should contact the relevant third party directly.
9. Your Information ' What Will We Collect and How Will We
Use It?
9.1 Personal Data and Payment Details
When a Consumer requests goods or Services from us, we will collect certain
personal data (as defined in the Data Protection Act 1998) in order to help us
provide the goods or Service. This may include, for example, your first and last
names, email address, phone numbers, home address, postal address and billing
address. Similarly, when a Business requests goods or Services from us, we will
request certain data, which may include, for example, the first and last name of
a representative, an email address for the representative, phone numbers, office
address, postal address and billing address.
We will also need to collect your payment details such as credit or debit
card details and we may ask you to create a password. We will treat all of this
data with respect and will ensure that we store it securely and use it in
accordance with all applicable data protection and privacy laws and consistently
with our Privacy Policy.
Important!
It is very important that you read carefully our privacy policy, which you
can find on our website at
http://www.virgindigitalhelp.co.uk/privacy-policy ('Privacy Policy'). The
Privacy Policy sets out in the detail of what we may do with your data and who
we may share it with. For example, the Privacy Policy explains the circumstances
in which we may use your data for the purposes of marketing products and
services to you and allowing other Virgin companies to do so (as well as how you
can opt out of being contacted by us for marketing purposes). The Privacy Policy
also explains that Virgin Digital Help may share your data (for strictly limited
purposes only) with our employees, agents and third party service providers who
are involved in providing our Services to you (including, for example,
Sutherland Global Services Inc. and its group companies and sub-contractors in
the Philippines, India and the United States). This may involve us transferring
your personal data to persons located outside the European Economic Area, in
which case Virgin Digital Help will require that those persons have in place
adequate protections to safeguard your data. You hereby consent to the
processing of your data in accordance with these Terms and our Privacy Policy.
This paragraph only sets out examples of how your data will be used. It is very
important that you read our full Privacy Policy carefully and regularly; we may
need to make changes to it from time to time.
9.2 Other Information
If, in receiving a Service from us, you have given us your permission to use
our remote control tools to access remotely and take control of your personal
computer or other digital equipment, information may be collected and sent from
your digital equipment to Virgin Digital Help via an internet connection,
including for example:
- The information entered by you into our online interface when
requesting Services
- The type and version of operating system and internet browser used by
your personal computer and/or other equipment
- The hardware that you have connected with your personal computer
- The application, software and tools that you have on your personal
computer and/or other equipment.
During your Service session, the following information may also be collected
and sent to us via a secured connection or from the digital equipment on which
the Support Tool or software is installed:
- Installed hardware and peripherals
- Installed operating system
- Installed programs and active processes information
- Application log file information and registry data
- Browser information including security and temporary file settings
- System information related to the operating system, memory and disk
space, proxy configuration, and directory listings for the Support Tool or
software
- The security status (good/fair/poor) of the computer as determined by
the Support Tool or software
- The number of files scanned, threats found and threats fixed by the
Support Tool or software
- The type of threats found
- The number and type of threats remaining that have not been fixed by
the Support Tool or software
- Whether a firewall is active
- Whether anti-virus software is installed, running and up to date.
The collected information as set out in this paragraph 9.2 above (the
'Collected Information') is necessary for the purpose of analysing, diagnosing
and resolving the problem you have encountered and optimising the functionality
of our Services. For the purposes of providing the Services, Virgin Digital Help
may share the Collected Information with its employees, agents and/or third
party service providers who are involved in providing our Services to you. As
outlined above, this may involve us transferring the Collected Information
outside of the European Economic Area to countries which may have less
protective data protection and privacy laws than the region in which you are
situated (including, for example, transfers to Sutherland Global Services Inc
and its group companies and sub-contractors in the Philippines, India and the
United States). Where this is the case, Virgin Digital Help will require that
those persons to have in place adequate protections to safeguard the Collected
Information. You hereby consent to the transfer of the Collected Information in
accordance with the above.
We may also disclose the Collected Information if asked to do so by a law
enforcement official, as required or permitted by law or in response to a
subpoena or other legal process. In order to promote awareness, detection and
prevention of internet security risks, we may share certain information with
research organisations and other security software vendors (on an anonymised
basis only). We may also use anonymised statistics derived from the information
to track and publish reports on security risk trends.
9.3 Customer Access Details
You hereby agree to keep any password created by or provided to you
confidential and not to share it with any other person.
10. Packages Purchased for the Benefit of Others
Customers may purchase certain of our Phone Support services for the benefit
of other individuals nominated by that customer ('Customer Nominees'). This may
be the case where either the customer is a Consumer purchasing services for
other individual Consumers (such as a family) or where the customer is a
Business with multiple employees. Where this is the case, the following
additional provisions shall apply:
10.1 for the avoidance of doubt, the customer whose payment details are
provided shall be liable for payment of all fees and other amounts in accordance
with these Terms and we are not obliged to (and may refuse to) engage in any
communications regarding fees, cancellations or other account matters with any
Customer Nominee;
10.2 the customer hereby warrants and represents that each of his/its
Customer Nominees is residing in the United Kingdom, Isle of Man or Channel
Islands;
10.3 where the customer is a Consumer, the customer hereby warrants and
represents that each of his Customer Nominees is requesting the relevant goods
and services principally for home use;
10.4 the customer acknowledges that he/it may be required to provide certain
details of each of his/its Customer Nominees including, for example, first name,
surname, email address and whether that Customer Nominee is under 18 years old
('Customer Nominee Information');
10.5 the customer hereby warrants and represents that he/it has obtained the
prior consent of all Customer Nominees to provide the Customer Nominee
Information to us for this purpose and agrees to indemnify us and hold us
harmless (and continue to keep us indemnified and held harmless) against all
losses we may suffer as a result of any failure to obtain such consent;
10.6 the customer hereby acknowledges and agrees that certain provisions set
out in these Terms will also apply in respect of his/its Customer Nominees and
the customer warrants and agrees that (i) he/it has brought them to the
attention of his Customer Nominees and (ii) each of his/its Customer Nominees
agrees to be bound by such provisions as if he were a party to these Terms; such
provisions include the following:
(a) paragraph 1.1 (Remote Service (including our PC Mate));
(b) paragraph 1.3 (Service Limitations);
(c) paragraphs 2.2 and 2.5 (What Are We Undertaking To Do For You?);
(d) paragraph 3 (What Are The Basic Requirements for Receiving our
Services?);
(e) paragraphs 4.3, 4.6 and 4.7 (What Else Do We Expect From You?);
(f) paragraph 5 (Limitation of Liability);
(g) paragraph 8.2 (Purchase of Third Party Goods and Equipment);
(h) paragraph 9 (Your Information ' What Will We Collect and How Will We Use
It?);
(i) paragraphs 11 (Proprietary Rights), 12 (Circumstances Beyond Our Control)
and 13 (Complaints and Disputes); and
(j) as applicable, paragraph 14 (Miscellaneous); and
10.7 We would remind you that you (rather than any Customer Nominees) shall
remain our customer at all times and paragraph 14.6 shall apply.
11. Proprietary Rights
Virgin Digital Help (or its suppliers or licensors, as the case may be)
retains ownership of all intellectual property and other proprietary rights in
the Services, in all goods provided to you and in all trade names, trademarks,
logos, designs, creative works and service marks associated or displayed with
such goods and Services. You shall not remove, deface or obscure any copyright
or trademark notices and/or legends or other proprietary notices associated such
goods or Services. You shall not reverse engineer, reverse compile or otherwise
reduce to human readable form any Support Tool associated with the Services.
12. Circumstances Beyond Our Control
Occasionally we may fail to do (or be delayed in doing) what we have said we
will do due to matters beyond our reasonable control (including, for example,
fire, flooding, earthquake, epidemic or other natural disaster, acts of God,
accidents, strikes, lockouts or other industrial action, terrorist activity,
war, riot, civil commotion, embargoes, acts of civil or military authorities,
shortages of transportation, telecommunications networks, facilities, fuel,
energy, labour or materials). If this happens we shall not be responsible for
any such failure or delay.
13. Complaints and Disputes
In relation to any queries or complaints regarding our Services or these
Terms, please call us on 0800 107 1175, write to us at the postal address set
out at the bottom of these Terms or email us at
theteam@virgindigitalhelp.co.uk, quoting your full name, the name of the
business (if you are a Business), address, phone number and any relevant
reference number. Our goal is to seek to resolve all emailed and telephone
complaints within 5 working days of receipt and all written complaints within 7
working days of receipt.
Please note that all your calls, emails, internet chat or other electronic
correspondence with us may be monitored and recorded for training, security,
compliance, quality control and other business purposes, as well as to seek to
identify and prevent criminal activity.
14. Miscellaneous
14.1 Paragraph headings used in these Terms are for convenience only and
shall not affect the interpretation of these Terms in any way.
14.2 A reference in these Terms to any other terms, policy, schedule or other
document is a reference to them as amended or supplemented from time to time.
14.3 References to a 'person' include a firm, partnership, company,
corporation, individual and any other legal entity.
14.4 The words 'include(s)' and 'including' shall be construed as being by
way of illustration only and shall not limit the generality of any preceding
words.
14.5 You may not transfer any of your rights or obligations under these Terms
to another person. We may transfer all or any of our rights and obligations
under these Terms to another suitable or reputable organisation but this will
not affect your rights under these Terms.
14.6 Save in the case of an assignment of the Terms by Virgin Digital Help,
no provision of these Terms shall be enforceable by or confer any rights on a
person other than the customer and Virgin Digital Help under the Contracts
(Rights of Third Parties) Act 1999 or otherwise.
14.7 The Services are not transferable. You may not use the Services on
behalf of any third party or, if you are a Consumer, with respect to any
hardware or software not personally owned by you.
14.8 Any failure by either you or us to enforce or exercise any right or
remedy under these Terms or by law does not constitute a waiver of the right or
remedy or any other rights or remedies. Partial exercise of any right under
these Terms shall not preclude any further or other exercise of that right or
other right under these Terms. Our rights under these Terms may only be waived
expressly in writing.
14.9 If any provision of these Terms is or becomes illegal, invalid or
unenforceable, that shall not affect the legality, validity or enforceability of
any other provision of these Terms, which shall continue in full force and
effect in accordance with these Terms to the fullest extent permitted by law.
14.10 Other than expressly set out elsewhere in the Terms, any notice to be
given under these Terms shall be given in writing signed by or on behalf of the
party giving it and shall be served by delivering it by hand or sending it by
first class post (i) to you at the postal address which you provide us for
correspondence from time to time, or (ii) to us at the address given below, (as
the case may be). Any such notice shall be deemed to have been received (i)
immediately if delivered by hand (or, if not between 9 a.m. and 5 p.m. on a
working day, at 9 a.m. on the next following working day) or (ii) 72 hours after
posting if sent by first class post (or, if not between 9 a.m. and 5 p.m. on a
working day, at 9 a.m. on the next following working day).
Virgin Digital Help's address for notices is:
Virgin Digital Help Limited
The School House
50 Brook Green
London W6 7RR
For the attention of: The Team
Please note that where these Terms refer to us giving you notice 'in
writing', this shall also include SMS sent to the mobile phone number you have
provided for correspondence from time to time and/or email to the email address
you have provided for correspondence from time to time. Any such notice given by
us by SMS or email shall be deemed to have been received one day after the day
on which the SMS or email was sent to the aforementioned mobile phone number or
email address (as the case may be). No notices in connection with these Terms
may be served by the customer by SMS, fax or email unless these Terms explicitly
state otherwise.
Important! We may send you emails or SMS messages occasionally
but we will never send you an email or SMS which asks for your username or
password or directs you to a web page which asks for this information. If you
receive any email or SMS which appears to be from Virgin Digital Help or which
you suspect is fraudulent, do not click on any links contained in it and do not
provide any credit or debit card details or your username or password. Please
contact us at 0800 107 1175 or at
theteam@virgindigitalhelp.co.uk.
14.11 'Working day' shall mean Monday to Friday excluding public holidays in
the United Kingdom.
14.12 References to the masculine gender shall include the feminine and vice
versa.
14.13 These Terms and any non-contractual obligations arising in connection
with them shall be governed by and construed in accordance with English law. All
disputes and claims relating thereto shall be subject to the exclusive
jurisdiction of the English Courts.