PC Repairs Wiral - Computer/PC Maintenance and Repair - Website Design - E-Commerce - Wirral

Registered Business Address :

Rom and Ram IT Services
28 Greasby Road
Greasby
Wirral
CH49 3NE

Phone / Fax

0151 605 1239

Customer Service E-mail

customerservices@romandram.co.uk

This web site "Rom and Ram", which is accessible through the internet domains http://www.romandram.co.uk/, http://www.romandram.com/ and the services we provide are governed by these terms and conditions.

These 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 web site visitor and/or customer, home user (" you ", "your ", "client", "customer") with respect to your use of the Rom and Ram Web site and any service(s) that you request from the Rom and Ram business. It is important that you carefully read this Agreement to ensure that you understand it.

By using the Rom and Ram Web site and/or our services, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use this Web site or Rom and Ram`s Services.

You also agree to any of our additional policies or statements such as our Privacy Statement, and any guidelines, terms and conditions and rules posted on the Rom and Ram Web site, which are incorporated by reference into this Agreement.

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.

2. We do not warrant that this site is compatible with all computer systems and browsers and we also do not warrant that the site is free of bugs or any type of viruses. You use this site entirely at your own risk. We will not be responsible for any damages you may suffer and makes no warranties of any kind, expressed or implied for services or goods that we may provide, unless otherwise indicated in this Agreement. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes any loss of data resulting from delays, and any and all service interruptions caused by us.

3. Any files that you may download from us you do so at your own risk. Neither are we, nor the web site hosts responsible for anything you download from this site. We encourage you to determine whether this software or your intended use of the software is legal. We do not encourage or condone the use of any software in violation of applicable laws. Furthermore, in relation to our PC Repair Service, Rom and Ram will never install any illegal or pirated software for it`s customers. We will refuse any request for this sort of activity, so please DO NOT ASK. You are entirely responsible for the software and files that are contained on your computer. You agree that in the event that pirated or illegal software is found on your computer, Rom and Ram will not be liable for any claims, and that you confirm that we were unaware of, and not involved in supporting or installing illegal software on your computer.

4. We will not be liable for any claims, losses, including but not limited to indirect and consequential loss, including any loss of profits, costs, damages, any expenses whether in negligence, contract or any other action arising out of, or in connection with the use of this site or our services. Customer agrees that it shall defend, indemnify and hold us harmless from any and all losses, liabilities, demands, costs and claims, including any reasonable legal fees asserted against us, its customers and its agents, that may arise or result from any service performed, provided or agreed to be performed. Customer agrees to defend, indemnify and hold us harmless against any liabilities arising out of; (i) any defective products sold to customer by us (ii) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any injury to person or property caused by any products or service sold or otherwise distributed in connection with us.

5. You do not link to any files here without express permission from us. All page design and content is © Copyright 2007 Rom and Ram. No part of this site can be copied, broadcast, reproduced, stored (in any type of storage medium), shown or played in public, republished, downloaded, posted, transmitted, adapted or modified in any way except for your own personal non-commercial use.

6. This site may include links to various web sites on the world wide web. We make no warranties as to the accuracy of any content of any of these sites. We accept no liability for any product or service advertised, supplied or otherwise promoted on this site by any third party. We make no warranties to the suitability of any content of any of these sites.You should read carefully the terms and conditions of use of any third party site before using that site or proceeding with any online or offline transaction with the third party. The inclusion of a link to a third party's web site does not imply endorsement by us of the third party, either its site, goods, services, information or content featured on or available from that site. We will not be liable to you in any circumstances for, and explicitly disclaim any responsibility for.

7. You agree to use this site only for lawful purposes and act in a manner which does not infringe the rights of, restrict or inhibit the use of or enjoyment of this site by any third party.

8. We are not affiliated with any company, person or business in this site unless explicitly stated. All hardware and media listed on this site, and any relating images to these items are copyrighted/patented by their respective copyright/patent holders, and the names are trademarked by their respective trademark holders.

9. We gather information for this site from sources which we believe to be accurate and reliable, neither us or the information providers are responsible for any mistakes,error or omissions that may occur as a result. All information provided is supplied "as is" without a warranty of any type. We, and any provider of information to us disclaim all implied, expressed and statutory warranties of any kind to you the user or to any third party and make no representations for this information. Without limitation, including warranties as to the accuracy and the completeness of this information.

10. Any software downloads contained on this site are either Freeware, Shareware, in the Public Domain or have been legalised for free and unrestricted use by their respective creator/author(s). If in the unlikely event there is an oversight and any unauthorised software are uploaded to our web server, the offending item(s) will be removed within 24 hours of receipt of genuine complaint. We do not support piracy and any request for commercial software will be ignored.

11. You may post comments, reviews, and any other content and also submit suggestions, questions, ideas and information as long as the content is not illegal, infringing of intellectual property rights, invasive of privacy, obscene, threatening, defamatory, or likely to cause objection or offense to a third party. Anything uploaded or posted to us must not contain any software viruses or any form of `Spam`. You must not impersonate any person, identity/entity and be misleading or provide a false e-mail address. We will not be held responsible for the actions of a third party relating to information supplied to us, but will ensure the removal of the offending item(s) within a reasonable time scale.

12. If this Agreement shall be held by any competent authority to be either invalid or unenforceable in whole or in any part, the validity of the remaining parts of these terms and the remainder of the affected provision shall be totally unaffected.

13. By using this site and our services you are confirming that your age is over 18 years of age. If you are aged 18 or under, please get your parent/guardian's consent before providing personal information to this web site. Users without this consent are not permitted to provide us with personal information, use our services or access our web site. If you use our web site and / or 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).

14. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

15. This Agreement and any other documents referred to herein govern the understanding between Rom and Ram and you relating to the subject matter of this Agreement, and supersedes any previous oral or written agreement between you and us, in relation to the matters dealt with in this Agreement.

16. 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.

17. The Personal Data collected by us is subject to our Privacy Statement, which is incorporated by reference into this Agreement.

18. Your use of our web site does not confer on you any liability or right to access the Internet. In order to use our web site, you must obtain your own access to the Internet, including paying any fees associated with your Internet access.

19. Our web site is intended for use in the United Kingdom only. We make no warranty or representation that any part of our web site is available or appropriate for use in locations outside of the United Kingdom. If you access our web site from a location outside of the United Kingdom, you do so on your own initiative and you are entirely responsible for the compliance with all applicable local laws.

20. In relation to our "File Recovery" service. The following service limitations apply :

20.1 We cannot guarantee the amount of data that can be recovered.

20.2 We cannot guarantee the amount of time spent on the recovery.

20.3 If we initially check your system / storage device and determine that some or all of the data can not be recovered, we will seek your approval before attempting the full recovery. If you then decline the service you will not be charged the full service price, instead you will be charged a basic service fee of £20.00.

21. 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 and software that may be required to perform the service.

22. In relation to us providing an on-site, off-site or online service to the customer - In no event shall we be liable for any special, general, incidental, indirect, consequential or punitive damages of any kind, including, without limitation, those resulting from negligent or criminal acts of third parties, loss of use, loss of data, delay, lost profits, inability to perform and computer hardware damage, in connection with any of the services provided by us (including all information, services and products that are referenced or linked to us), or any other information, documents, products, software, downloads, repair services, advice and information provided by us or any of its third-party product or service providers, whether such person is advised of the possibility of such damages.

23. Our services may be performed on-site, off-site or online. Our on-site service is limited to 15 miles in distance from our registered business address.

24. It is the customer's 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.and/or any

25. You can pay for our services by Cheque, Paypal, Postal Order or cash.

26. On completion of the service performed for you, we will require immediate payment in full on the same day.

27. If a bill payment is made by cheque and the cheque is unable to be cashed due to insufficient funds in the customers`s bank account, a returned cheque charge of £15 will be added to the bill. The outstanding cheque payment should be settled within 7 days.

28. If any dispute arises between us and the customer concerning any issue of this Agreement, or any breach thereof, each party agrees to arbitration through the agency of a nationally recognised mediation board or service prior to the initiation of litigation, with the venue remaining in the United Kingdom. The Parties further agree that the mediation board shall be empowered to include any legal fees as well as all other costs of litigation to the prevailing party. If the above described remedy does not resolve the conflict between the Parties, then proper venue for all litigation shall lie exclusively in the United Kingdom, with the losing party in any litigation incurring all legal costs of both Parties.

29. 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.

30. Prices / fees and any manufacturers specifications are subject to change without prior notice. Any minor variations in specifications do not entitle the customer to rescind the contract. Prices / fees may change due to fluctuations in currency value.

31. We will be entitled to suspend any service and / or terminate this Agreement without prior notice if you :

31.1 Do not pay any sums to us when they are due to be paid.

31.2 Any part of this Agreement is broken.

32. If you decide to use our "Yearly PC Health Check" service, you can cancel the service in writing within 14 days of the date of the service starting. If you have used any of our services within this 14 day period, the full yearly service paid fee will be refunded within 7 days of notification in writing, and a service charge of £20.00 will be billed to you. If no services have been used during this 14 day period a full refund will be given and no charges billed to you. No refunds will be made after 14 days of the "Yearly PC Health Check" services commencing should you decide to cancel this service.

33. We reserve the right to suspend or terminate your contract / services and / or terminate this Agreement at any time.

34. Excluding our Yearly PC Health Check and courier service you may cancel any of our other services at any time, the only limitation is that you give us a minimum of 1 hour notification before the scheduled time of your service 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 technician has arrived at your home or business as previously arranged.

34.1 On the day of your appointment a technician may call you just before the scheduled appointment time on the telephone number you have provided. This is to confirm your appointment. If the technician has been given an incorrect number and / or is unable to contact you, he or she will e-mail you to confirm the appointment instead. If we do not receive a confirmation reply from the e-mail or reach you by phone, we may cancel the appointment. This is to ensure that we filter out any potential bogus appointments that may have been submitted to us. Also, an adult must be present at your residences or business property. A person of at least 18 years of age must be present during the entire services are provided. If a Rom and Ram Technician arrives at the scheduled service time and no adult is present, the technician may deny any service and a charge of £20 will be billed to the customer.

35. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

36. In no event shall we be liable to you for any loss of contracts, profits, business or anticipated savings or for any other indirect or consequential / economic loss whatsoever.

37. If you decide to use our "PC Health Check" or "Yearly PC Health Check" services we require that your computer boots into Microsoft Windows (at least Windows 95 or later) and has a working CD-ROM drive. A PC Health Check is not a repair service, and if your computer is failing to boot up, or is displaying various fatal errors, a PC Health Check cannot be completed. In this instance we can advise you if one of our other services are more appropriate for your needs. If you opt to go for another of our services, you will only be billed for the new service you have chosen.

38. Neither us or the customer shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure is beyond that party's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party's reasonable control :

38.1 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the customer or us or of a third party)

38.2 War, sabotage, insurrection, civil disturbance or requisition

38.3 Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority

38.4 Power failure or breakdown in hardware.

38.5 Act of God, explosion, flood, tempest, fire or accident

38.6 Import or export regulations or embargoes

39. You shall not assign or otherwise transfer any of your rights or obligations under a Contract whether in whole or in part without the prior written consent of Rom and Ram.

40. 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.

41. Service agreed times : In the case of our Home PC Service, the time agreed is approximate and the PC Technician will usually arrive within 30 minutes of the agreed time.

42. 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

42.1 We cannot guarantee that we will retrieve or remove the password.

42.2 We cannot guarantee the amount of time spent on the recovery or removal of the password.

42.3 If Rom and Ram cannot recover or remove your password, we will not charge you the full service price, instead you will be charged a basic service fee of £15.00.

43. When using our Home PC Services, a Rom and Ram PC Technician 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 PC Technician will commence work immediately for you and charge you the confirmed service fee (excluding any hardware or software components that may be required). If you decline the proposed service price before any work is performed, the PC Technician will not charge you any fee. Rom and Ram do not charge a call out fee.

44. If you have accepted the proposed service fee, and the PC Technician 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 PC Technician 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.

45. In the extremely unlikely event that a Rom and Ram PC Technician cannot resolve your computer problem or complete a repair, you will be only charged the basic service fee of £15.00 instead of the full service price.

46. Rom and Ram`s PC Technicians will not tolerate any physical or verbal abuse, when visiting customers on their premises. If any such incident occurs, the PC Technician 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 contacted will be made with the customer. Rom and Ram will not be responsible for completing any service work that is outstanding and the customer will not be able to use any of our services in the future.

47. Rom and Ram`s PC Technicians are monitored throughout their working day. Before arriving, and after leaving a customer`s premises, the PC Technician 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 a PC Technician in relation to their current position on the Wirral and surrounding areas. This is also to ensure the safety of our PC Technicians and to be aware of any problems that may arise. If we do not receive contact from our PC Technician after an irregular length of time, we may contact their previously recorded job to verify with the customer, if the service has been completed correctly and has been to their satisfaction.

48. IP Address - When you connect to the Internet, your computer has a unique identification code called an "IP address" You may have a different IP address each time you connect to the internet, depending on the way you access it, or your IP address may be identical each time. This IP address can help to identify you and your location. Rom and Ram log the IP addresses of all users who visit our website and reserve the right to block access to our website and services to users who abuse or misuse our website or services.

Web Design / Development and Hosting

49. All third party costs arising from the registration of a domain name 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. Rom and Ram will hold copyright of any graphics and page design created for you until payment is made. Once payment is made they will become your property. You do not own the copyright of the source code, but you do own the copyright relating to the appearance, such as graphics and page design. Rom and Ram permit you to use the source code only for the domain name it was developed for. The underlying website source code is not permitted to be duplicated and accessed via another domain name.

55. 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.

56. 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.

57. 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.

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

59. 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.

60. Within 14 days from the date that we receive all required material for your website, Rom and Ram will provide you with an inital 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 intial draft, we will commence full development of the Website and will provide you with the fully-functioning Website within 14 days from the date that you confirm acceptance. We will 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.

61. 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.

62. In relation to our web hosting account, when your hosting is due for renewal, Rom and Ram will contact you via e-mail 14-28 days prior to your hosting account expiry date. We will offer to renew your package for a set fee. If we have not received payment for the renewal of your hosting account by the expiry date, we will cancel your hosting account on the next day following the expiry date and any website or code in your hosting account will automatically be deleted from our webspace. Any e-mail boxes / messages that are associated with your hosting account will also be deleted. Also, any domain name associated with your hosting account will be transferred to your new hosting provider on receipt of the providers details from yourself. If you decide not to renew your web hosting account with Rom and Ram, please ensure that any website code and e-mails are backed up, as once your web hosting account is cancelled it will be impossible to recover any of the files associated with your web hosting or e-mail accounts.

63. 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.

64. 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.

65. 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.

66. 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.

67. 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.

68. 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.

68. 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.

69. 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.

Remote Support Service

70. You understand and agree that prior to contacting or allowing Rom and Ram to perform a diagnostic or repair on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Rom and Ram shall not be responsible under any circumstance for any loss or corruption of data and/or software.

71. By downloading, installing, accessing or using the Rom and Remote Support Software ("Software"), you hereby authorise Rom and Ram to remotely access your systems and data through your computer(s) to provide support services to you and / or your company. Using remote control software, Rom and Ram will have the ability to take control of your computer and evaluate reported support issues. Upon your request, the Rom and Ram Remote Support Technician will have the option, in his or her sole discretion and judgment, to take one or more actions, including, without limitation, the following:

(i) If the problem resides with the software configuration of the computer, and can be corrected, Rom and Ram will use reasonable efforts to make the necessary changes to the configuration.

(ii) If Rom and Ram reasonably determines that your data files must be downloaded in order to evaluate the problem and/or make more comprehensive changes, Rom and Ram may do so, only with your prior permission.

You understand and acknowledge that in some cases Rom and Ram may not be able to correct the reported support issue / problem.

72. By downloading or installing the Software, you will permit others to remotely access your server, workstation or PC. You are solely responsible and wholly liable for ensuring that the person accessing your server, workstation or PC has your authorisation to do so. You are also solely responsible and wholly liable for the confidentiality and security of your data, software and hardware. You agree that Rom and Ram is not responsible or liable for situations where your data, software and hardware is accessed by third parties with or without your authorisation or through improper, illegal or illicit means, including, without limitation, situations where data, software and hardware owned by you is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Rom and Ram at the time) which may exist in the software or the hardware used to provide your hosting services.

73. Rom and Ram hereby grants to you a limited, non-transferable and non-exclusive right to access and use one executable (no source code) copy of the Rom and Remote Support Software for the sole purpose of receiving remote PC support from us. The Rom and Remote Support Software will remove itself from your computer automatically at the end of each remote support session.

You will not :

(a) reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Rom and Remote Support Software, create derivative works based upon the Software, or remove any copyright or other proprietary notices from the Software

(b) copy, modify, rent, lease, sell, distribute, sublicense, translate, modify, reprogram or transfer the Software or any portion thereof, timeshare the Software, make the Software available to others on the Internet, any BBS or any on-line service, or allow others to copy, access or use the Software

(c) use the Software for improper, illegal or illicit means, including, without limitation, accessing data, software or hardware without express authorization.

(d) permit others to access or use the Software.

74. If you wish to cancel your Remote Support Session you must give Rom and Ram at least 2 hours notice prior to the scheduled service. Cancellations must be completed by calling 0151 605 1239 or contacting by e-mail at support@romandram.co.uk.

75. Our Remote Support Payment Policy :
(i) Payment is due prior to receiving our Remote Support Service.
(ii)Payment must be made in full.
(iii) We do not issue refunds for unused time.
(iv) Refunds - The payment amount will be fully refunded in the manner the purchase was paid if at least 2 hours notice prior to the scheduled service is given. No refund will be given if less than 2 hours notice is given.

76. You expressly understand and agree that :

(i) Your use of our Remote Support Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Rom and Ram expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(ii) Rom and Ram makes no warranty that :

(a) The service will meet your requirements.
(b) The service will be uninterrupted, timely, secure, or error-free.
(c) The results that may be obtained from the use of the service will be accurate or reliable.
(d) The quality of any service, information or any other material purchased or obtained by you through the service will meet your expectations.
(e) Any errors in the software will be corrected.
(f) Any material downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(g) No advice or information, whether oral or written, obtained by you from Rom and Ram or through or from the service shall create any warranty not expressly stated in these terms.

76.1 Rom and Ram shall not have any obligations or be liable for any of the following: (a) errors, omissions, defects, deficiencies in, or non-conformity of, any data modified by it; (b) claims in tort, whether or not arising in whole or in part from Rom and Ram's fault, negligence, strict liability or product liability; and (c) claims for any indirect, incidental, special or consequential damage or for any loss of data, service, profit or use, even if Rom and Ram knows or should have known of the possibility of such damage or loss.

76.2 Critical Control Applications - Rom and Ram specifically disclaims any liability for use of our Remote Support Software in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, security systems, or air or ground traffic control systems) by you, and such use is entirely at your risk. You agree to defend, indemnify, and hold Rom and Ram harmless from and against any and all claims arising out of use of the Software in such applications by or through you.

77. When you purchase a Remote Support Service, you will receive an e-mail containing a password, which is used to connect to our Remote Support Service. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of this password. You will notify Rom and Ram of any unauthorised use of this password immediately.

E-Mail Support Service

78. Our monthly E-mail support is limited to a maximum of 4 support requests during the monthly period. Our 6 monthly E-mail support is limited to a maximum of 19 support requests during the 6 month period. Our 12 month E-mail support is limited to a maximum of 40 support requests during the 12 month period. We do not issue refunds for unused support requests.

79. Rom and Ram will respond to your questions and provide advice, suggestions and possible workarounds to the best of its ability. We will not provide any customisation, installation, custom design, coding or on-demand bug fixes as part of our E-Mail Support Service. We cannot guarantee that we can resolve any problem purely by E-Mail.

80. Email Support Service users are entitled to receive prompt responses from Rom and Ram. Prompt means on the same business day (UK Time) if possible and at most witihin 24 hours.

81. When submitting a support ticket via your Rom and Ram Account you must ensure that you include the PIN Code you had previously created when signing up for the E-Mail Support Service. Rom and Ram use this code to verify your identify and we are unable to provide E-Mail support without this.

82. Payment is due prior to receiving our E-mail Support Service.

Logo and Flash Design Service

83. 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.

84. 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.

85. 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.

86. 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.

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Please note : All work is carried out by experienced and qualified PC Technicians / Engineers. Feel free to ask for documentation proof wh