Terms And Conditions

Purchase of goods and services from Com2U Co.,Ltd. are subject to the following terms and conditions. By agreeing to purchase or receive goods or services from Com2U, you accept the following terms and conditions, without limitation or qualification.

1.0 Definitions

In these conditions:

“Conditions” means these Conditions of Provision of Goods and Services;

“Customer” means a person, firm or corporation, jointly and severally if there is more than one, that requests goods or services from Com2U;

“Goods” means all products and other goods (including any software) supplied by Com2U to the Customer;

“Services” means all services supplied by Com2U to the Customer;

“Agent” Means any staff member who is at your site representing Com2U;

“Com2U” means Com2U Co.,Ltd.; and

“Party” and “Parties” means severally and not jointly Com2U and/or the Customer as the context requires.

2.0 Basis of Contract

2.1 Unless otherwise agreed by Com2U in writing, these Conditions apply exclusively to every contract for the sale of goods or the provision of services by Com2U to the Customer and cannot be varied or supplanted by any other terms or conditions without the prior written consent of Com2U.

2.2 Any written quotation provided by Com2U to the Customer concerning the proposed supply of goods or services is valid for 10 days and is an invitation only to the Customer to place an order based upon that quotation. These Conditions may be supplemented by additional terms in Com2U‘s quotation which are not inconsistent with these Conditions.

3.0 Charges and Payment

3.1 Payment for goods and services must be made by cash or credit card on or prior to the completion of the provision of goods and/or services unless the Customer has a credit account with Com2U.

3.2 All Com2U visits are chargeable and are charged at the rate quoted to you over the phone before we send our Agent to your site. Any extra work that you require will be quoted and confirmed by our call centre before we perform the work.

3.3 All goods supplied by Com2U are charged separately from the services.

3.4 Where there is any change in the costs incurred by Com2U in relation to the goods or services, Com2U may vary its price for goods or services on order to take account of any such change, without giving notice to the Customer.

3.5 Transport or Call-out fees may be applied at rates dependent on the Customer’s location.

4.0 Payment Default

4.1 If the Customer defaults in payment by the due date of any amount payable to Com2U, or if any cheque drawn by the Customer is dishonoured, then all money which is then due as well as all monies that are payable by the Customer to Com2U at a later date on any account, shall be due and payable immediately without the requirement of any notice to the Customer, and Com2U may, without prejudice to any other right or remedy available to it:-

(a) Charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of Com2U‘s principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and

(b) charge the Customer for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by Com2U resulting from the default and in Com2U taking whatever action it deems appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and

(c) cease or suspend for such period as Com2U thinks fit, supply of any further goods or services to the Customer; and

(d) By notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Com2U; without effect on the accrued rights of Com2U under any contract.

4.2 Clause 4.1 may also be relied upon, at the option of Com2U:

(a) where the Customer is an individual, he or she becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or

(b) where the Customer is a corporation, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.

5.0 Passing of Property

5.1 Until full payment in cleared funds is received by Com2U for all goods supplied by it to the Customer, as well as all other amounts owing to Com2U by the Customer:

(a) Title and property in all goods remain vested in Com2U and do not pass to the Customer;

(b) The Customer must hold the goods as fiduciary bailee and agent for Com2U;

(c) the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the goods; the Customer is required to hold the proceeds of any sale of the goods on trust for Com2U in a separate account however failure to do so will not affect the Customer’s obligation to deal with the proceeds as trustee;

(d) Com2U may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of Com2U, and for this purpose the Customer irrevocably licenses Com2U to enter such premises and also indemnifies Com2U from and against all costs, claims, demands or actions by any party arising from such action.

6.0 Risk and Insurance for Supplied Hardware/Software or Consumables

The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer.

7.0 Com2U Warranties

7.1 If Com2U is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the Customer. Com2U does not warrant that it will be able to fix all problems that it diagnoses.

7.2 All goods and services supplied shall be free from defects in materials and workmanship for a period of 10 days from the date of delivery.

7.3 If you experience a part/ software failure, we’ll first troubleshoot the system with you over the phone, via e-mail or through online chat, if we determine that the problem you paid to have fixed still exists then we will send one of our technicians to repair the original problem free of charge*

7.4 All Hardware or Software supplied is covered by the manufactures / Suppliers warranty (please check the individual products for their conditions)

7.5 Nothing in this clause 7 is intended by the parties to be, and shall not be construed or interpreted to be, a representation, term, warranty or condition that the operation, use or functionality of any goods or products supplied by Com2U (including any software) will be uninterrupted or error free. Customer understands and accepts that all such goods and products (and information technology and communications products generally), may have errors (or “bugs”) and may encounter unexpected problems, and accordingly Customer may experience downtime and errors in the use of the goods and products. Without limiting the obligations set out in clause 9, Customer will put in place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse impact of any such downtime or error.

7.6 Com2U will comply in accordance with its Privacy Policy which can be viewed here. Customer must read and shall be deemed to have read the Privacy Policy. Customer agrees and consents irrevocably to Com2U‘s use of Customer’s personal information in accordance with the Privacy Policy.

*If when at your home or office our technician determines that the problem you are experiencing is not related to our previous work, they will inform you of this and you will have the choice to pay for further service or we can leave the machine as is.

8.0 Customers Responsibilities

8.1 Customer shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.

8.2 Customer shall comply, at its own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.

8.3 Customer shall ensure that its operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by Com2U and/or any third party manufacturer from time to time.

8.4 Customer shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.

8.5 Customer shall perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by Com2U in respect of any goods supplied by Com2U in order to maximise the availability of and performance of the goods or permit performance by Com2U of any of its obligations hereunder.

8.6 Customer agrees to exercise due care and carry out such precautions which may be recommended by Com2U or otherwise required as a matter of prudence in connection with the performance by Com2U of any of its obligations hereunder, for example, but without limiting the generality of the foregoing, advising its staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.

8.7 The Customer shall as a fundamental term of these Conditions back up all software, data and files that are stored on its computer and/or on any other storage devices it may have prior to the arrival of the Com2U Agent. Com2U and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

9.0 Access

9.1 The Com2U Agent must have

  1. Access to your residence or business and the computer(s) and/or peripheral(s) to be serviced,
  2. Your consent and cooperation to enter your residence or business,
  3. A safe working environment, work space.
  4. Electrical power.
  5. For on-site services, a person at least 18 years of age must be present during the entire time period services are provided.

If the Com2U Agent determines that these conditions have not been met, services will be denied and a B800 cancellation charge assessed.

10.0 Service Limitations

10.1 Com2U and/or its third-party service providers reserve the right to refrain from providing any or all services ordered and refund the customer’s payment, wholly or in part, if minimum system requirements are not met or if technical conditions (see clause 9.0) or customer requirements are unusual, extensive, or beyond the scope of this service agreement as reasonably determined Com2U.

11.0 Force Majeure

11.1 If Com2U and/or its third-party service provider’s ability to render services is impaired by circumstances beyond the control of Com2U and/or its third-party service provider, Com2U and/or its third-party service provider may choose not to provide services.

12.0 Limitation of Remedy

12.1 Under no circumstances shall Com2U, and/or its third-party service provider be liable to you or any other person for any damages, including without limitation any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to the services provided by Com2U and/or its third-party service provider or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, or the network as a result of the services provided hereunder.

12.2 Com2U shall not be liable for any failure or delay in performance due to any cause beyond its control. If Com2U‘s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of Com2U, Com2U may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, Com2U shall not be responsible for repairing any damage or changes made to your residence.

12.3 In any case where the Limitation of Remedy may be unclear or ambiguous then the total liability of Com2U may not exceed the total amount spent by the customer with Com2U for goods or services in relation to the claim made by the customer.

13.0 Limitation of Liability and Release

13.1 By signing our form, you agree to release and hold harmless Com2U, and/or its third-party service provider from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by Com2U. This includes but is not limited to data loss or lack of function in any component or element of your computer system and/or peripherals, any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.) as a result of Com2U and/or its third-party service provider’s agents, partners, and/or third-party service providers, regardless of the warranties, disclaimers, and waivers particular service and shall constitute liquidated damages and are a reasonable estimate of damages to you.

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