Black Oak Home Net

Tel: 029 2075 5030

Black Oak Home Net

How we can help:

Typical reasons that home computer users call us are:

Legal

The following details describe the terms and conditions relating to this site:

The Black Oak Home Visit Agreement

We try to make sure that our clients always receive a fair deal and value for money. We have to make a living ourselves, however, so there are limits to the amount of time that we can give and we have to make a fair charge for our services

Experience and common sense has led us to believe that being clear about our charges up-front is the best way to avoid difficulties and misunderstandings.

Consequently, we would like to take this opportunity to outline our policy regarding home visits and charging for the services that we provide.

Much of our work is repeat visits to existing clients, most of whom we count as old friends.

Charges

Our initial visit to your home is chargeable and we ask for a small fee to cover the cost of the time and expenses involved. Whilst this fee should be made clear to you at the time that you book your appointment, sometimes we forget. Please ask if you are not sure.

This charge covers a minimum of half an hourís time and should be sufficient to enable our engineer to discover the nature of the help that you require, diagnose any problems and outline a course of action and provide you with an estimate of any further costs.

Removal of customerís equipment

It may be necessary to remove equipment from your home to carry out procedures at our workshops. Besides being required for technical reasons it is also often desirable to do this in order to reduce costs. If we have to sit at a customerís computer whilst a lengthy automated procedure, such as a scan, is in progress, the charges can become excessive. By removing the computer to our own premises we can reduce the costs substantially.

Provision of materials and equipment

Many solutions involve the replacement of faulty components, the procurement of upgrades or new equipment and the installation of software. Black Oak System Solutions is happy to obtain these items on behalf of our customers, but please note that Black Oak System Solutions is acting only as an agent of the customer in this regard. All warranties in respect of these products is provided by the primary supplier of the products and not by Black Oak System Solutions. We are more than happy, however, to act on your behalf to ensure that you receive full satisfaction from the products that you purchase.

Potential loss of data

Please note that Black Oak System Solutions holds no responsibility for any loss to the data held on customersí computers. Whilst we take great care to maintain the integrity of your computer and its contents, it is not always possible to achieve this outcome. Unfortunately, some diagnostic procedures and attempts at solutions can be potentially invasive and unpredictable. All computer related procedures carry the risk that data might be destroyed or irreversible changes made to the operating system of your machine in the process of seeking a remedy. Consequently, Black Oak System Solutions recommends that customers make regular backups of any data that they deem to be irreplaceable and certainly carry out this procedure before work is carried out on their machines.

Data backup is the sole responsibility of the customer.

Coincidental breakdown

Computers are sensitive pieces of electrical equipment and can be affected by a number of factors including dust, heat, static electricity, magnetic fields, vibration and physical disturbance.

It is in the nature of computers that, if one fault is exposed, it is quite possible that other associated problems might arise, particularly if the case cover has to be removed or parts changed.

We are conscious of the trust endowed in us when you instruct us to investigate and carry out work on your machine. As a consequence, our engineers always undertake standard industry practices and utmost care to ensure that the integrity of your machine is maintained whilst in our charge.

We are, however, unable to guarantee that coincidental breakdown will not occur and, whenever we take in a customerís machine for repair or upgrade, we require the customer to indemnify us against any responsibility associated with this.

Payment

All our charges are subject to VAT. We also have to pass on the liability to pay VAT on the products that we obtain on behalf of our customers

Please note that for security reasons we do not accept payment for work at our customerís home. Following the completion of agreed work we will supply an invoice outlining the payments required.

Our terms of payment require payment strictly on receipt of invoice. We ask our customers to pay promptly either in cash or by sterling cheque. If a written receipt is required then this should be requested at the time of payment

Black Oak System Solutions' Web Site Terms of Use

Your access to and use of this site is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Black Oak System Solutions. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Black Oak System Solutions or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Black Oak System Solutions, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Black Oak System Solutions. Links on this site may lead to services or sites not operated by Black Oak System Solutions. No judgment or warranty is made with respect to such other services or sites and Black Oak System Solutions takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

This site and its contents are provided "as is" and Black Oak System Solutions makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Black Oak System Solutions expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Black Oak System Solutions be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

Black Oak System Solutions maintains this site in Cardiff, Wales, UK. and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of the United Kingdom without reference to its choice of law rules. If you attempt to bring any legal proceedings against Black Oak System Solutions you specifically acknowledge that Black Oak System Solutions is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the United Kingdom to govern any such proceedings, we will probably choose to defend any such action in the United Kingdom and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

Black Oak System Solutions does not accept unauthorised idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Black Oak System Solutions cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorised idea submissions to Black Oak System Solutions through this website. Any ideas disclosed to Black Oak System Solutions outside a pre-existing and documented confidential business relationship are not confidential and Black Oak System Solutions may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Black Oak System Solutions will make every reasonable effort to return or destroy any unauthorised idea submissions without detailed review of them. However, if a review is necessary in Black Oak System Solutions' sole discretion, it will be with the understanding that Black Oak System Solutions assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Black Oak System Solutions through this website, you agree to be bound by the terms of this stated policy

Your privacy on blackoak.co.uk

This website is administered by Black Oak System Solutions. The primary purpose of blackoak.co.uk is to be a dynamic home and business resource and to provide assistance in running your home or business. We want you to feel secure when visiting our site and are committed to maintaining your privacy when doing so.

The following provides an overview of how we protect your privacy during your visit.

What information do we gather?

Information on blackoak.co.uk is gathered in two ways:

(1) indirectly (for example, through our site's technology); and

2)directly (for example, when you provide information on various pages of blackoak.co.uk).

One example of information we collect indirectly is through our internet access logs. When you access blackoak.co.uk, your internet address is automatically collected and is placed in our internet access logs.

We collect information directly from you in a number of ways, some of which we describe in this Privacy Statement. One way is through the use of cookies. Cookies are small files of information which save and retrieve information about your visit to blackoak.co.uk - for example, how you entered our site, how you navigated through the site, and what information was of interest to you. The cookies we use identify you merely as a number. (If you are uncomfortable regarding cookies use, please keep in mind you can disable cookies on your computer by changing the settings in preferences or options menu in your browser.)

We also collect information when you voluntarily submit it to us. Throughout our site, we provide the opportunity for you to communicate or register usually by filling in our enquiry form. When we collect this type of information, we will notify you as to why we are asking for information and how this information will be used. It is completely up to you whether or not you want to provide it.

How do we use this information?

Besides acting on the information to respond to your request for service, we analyze it to determine what is most effective about our site, to help us identify ways to improve it, and eventually, to determine how we can tailor blackoak.co.uk to make it more effective. We may also use data for other purposes, which we would describe to you at the point we collect the information.

Will we share this with outside parties?

We will not sell individual information and will use it only in order to provide the services that you have requested. There will be times when we need to share information, for example, in the event of it being needed by partners in the provision of our service to you. But again, before you submit any information, we will notify you as to why we are asking for specific information and it is completely up to you whether or not you want to provide it.

What about sensitive personal data?

We do not generally seek to collect sensitive personal data through this site. If we do seek to collect such data, we will ask you to consent to our proposed uses of the data. We may also collect some sensitive personal data incidentally. By providing us with unsolicited sensitive personal data, you consent to our using the data subject to applicable law as described in this Privacy Statement. The references to "sensitive personal data" are to the various categories of personal data identified by European and other data privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent. These categories comprise personal identity numbers, personal data about personality and private life, racial or ethnic origin, nationality, political opinions, membership of political parties or movements, religious, philosophical or other similar beliefs, membership of a trade union or profession or trade association, physical or mental health, genetic code, addictions,sexual life, property matters or criminal record (including information about suspected criminal activities).

Do we give you access to your information?

You are entitled to know whether we hold information about you and, if we do, to have access to that information and require it to be corrected if it is inaccurate. You can do this by contacting us via our email form

What about data security?

We take appropriate steps to maintain the security of your data on blackoak.co.uk. You should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.

That's it in a nutshell. The short of it is - we are interested in maintaining your privacy and creating a valuable resource for you to use. If you have any questions now or during your visit, please contact us via our email form

General Terms and Conditions

(Sorry about the formality but our lawyers and insurers insist!)

Definitions

The Seller means the proprietor of Black Oak System Solutions, hereinafter referred to as "Black Oak System Solutions".

The Buyer means any person who buys or agrees to buy services from the Seller.

Conditions means the General Terms and Conditions set out in this document and any special conditions agreed in writing by the Seller.

Services means any goods or services offered for sale by the Seller from time to time including any updates, enhancements and new features.

Conditions

Every quotation, pro-forma invoice, price list or other similar document made or issued by Black Oak System Solutions is made or issued subject to these General Terms and Conditions of Sale and unless otherwise expressly altered by Black Oak System Solutions in writing no terms or conditions which are at variance with these General Terms and Conditions shall be construed as having any effect on any contract to which these General Terms and Conditions apply.

No agent or representative of Black Oak Systems Solutions has authority to vary these conditions unless accepted in writing by the proprietor of Black Oak System Solutions.

Acceptance of Orders

All orders for services accepted by Black Oak System Solutions are accepted subject to the following conditions which shall form part of and govern contract of sale:

All orders must be confirmed in writing on the Buyer's official letter heading or order form and signed by a duly authorised official.

The Buyerís acceptance of services shall be deemed to be acceptance of these conditions of sale

No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by Black Oak System Solutions shall be binding unless and until accepted by Black Oak System Solutions. Black Oak System Solutions at its absolute discretion may accept or reject any order whether on account of the service being no longer available or for any other reason whatsoever.

Acceptance of delivery of services shall be deemed conclusive evidence of the Buyer's acceptance of these conditions

Nothing in these conditions shall affect the statutory rights of any consumer

Assurance of Confidentiality

Where Black Oak System Solutions is made party to the business systems and data of the Buyer it shall undertake to respect, and take all reasonable measures to maintain, the confidentiality of the same

Pre-requisite Provision by Buyer

Where the delivery of the service by the Supplier is dependent upon the provision by the Buyer of information, materials, pre-requisite conditions, required permissions, payment of necessary fees, and similar requirements, failure by the Buyer to fulfil these requirements in full, accurately and within a reasonable period of time shall result in it being considered that the whole contract has been completed and fulfilled by the Supplier and payment in full by the Buyer shall be made immediately on presentation of the Supplierís invoice.

Where the Buyer contracts Black Oak System Solutions to make modifications to existing equipment, software, networks, web sites or other installations Black Oak System Solutions will accept no liability for issues arising out of failure in the existing installation, incompatibility of components, incomplete or inaccurate information provided by the Buyer. In the case where Black Oak System Solutions is prevented from delivering its Service because of these issues it shall be considered that the whole contract has been completed and fulfilled by the Supplier and payment in full by the Buyer shall be made immediately on presentation of the Supplierís invoice.

Legal entitlement

Black Oak System Solutions will not supply copy, images, logos or other content for inclusion in web sites or software programs that it designs, compiles and implements on behalf of the Buyer, except content that Black Oak System Solutions compiles itself or to which it holds the right of copy. Where such instruments as copy, images, logos and other content is supplied by or on behalf of the Buyer, Black Oak System Solutions shall accept no liability to the Buyer nor any other person or Seller for the legality or suitability of this content.

Black Oak System Solutions rigorously exerts its right of ownership over software programs, web scripts and similar devices which it might develop during the provision of Services to the Buyer. It grants the right to use these devices exclusively to the Buyer for the purpose of fulfilling the terms of the contract but does not extend this to the Buyer, nor any other persons whatsoever, for the purpose of copying, loan, sale or for any other purpose whatsoever.

Prices and Fees

The prices and fees shall be those specified on the Sellerís Quotation or Acknowledgement of Order.

Price Lists, information regarding the availability of Promotional Discounts and similar documents are issued for guidance and do not constitute an offer.

The Seller reserves the right to revise prices prior to provision of Services to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to provision no price revision may take place without the prior written agreement of the Buyer.

All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT shall be paid in addition.

Place of Delivery

The place of delivery of the Services is at the Buyer's head office address in the United Kingdom unless it has been otherwise agreed by Black Oak System Solutions in writing

Payment Terms

Black Oak System Solutionsí terms of business are for all payments to be made in sterling immediately upon receipt of invoice.

All invoices shall be paid in full free from any deduction for any set off, counterclaim or otherwise howsoever arising.

Black Oak System Solutions reserves the right to suspend delivery in respect of any order or orders from the Buyer if it appears to Black Oak System Solutions that there is a credit risk.

If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable

Black Oak System Solutions may charge interest at 6% above Bank of England Minimum Lending Rate on overdue accounts and may withdraw any discounts allowed on original invoice.

Payment

Black Oak System Solutions accept payment as follows:

Cash Sterling currency tendered in person. Do not send cash through the post or by carrier.

Cleared Sterling Cheques drawn on UK banks.

Delivery

Black Oak System Solutions will provide estimates of delivery dates and time scales where the nature of the project makes it possible to do so. Whilst every reasonable effort shall be made to meet any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Seller arising directly or indirectly out of any failure to meet any estimated delivery date

Unless otherwise agreed by the Seller the Seller may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the contract.

Failure by the Buyer to pay for any instalment or delivery when due shall entitle the Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Services which the Seller is then entitled to withhold

Delivery of the Services shall be made to the Buyerís address and the Buyer shall make all arrangements necessary to take delivery of the Services whenever they are tendered for delivery

Ownership and Risk

The risk in Services shall pass to the Buyer when a contract is made but kept at the Sellerís at the Buyerís request

The Seller remains the owner of the Services affected by the contract until the Seller has been paid in full for such Services

If any payment due under these conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Services or any of them and may enter the Buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the Services and the Buyer shall be liable for all the Seller's costs of so doing.

Damage or shortfall

The Buyer shall inspect and test the Services immediately upon delivery and shall notify the Seller within five days of delivery if the Services are damaged or do not comply with the contract. If the Buyer fails to do this, he is deemed to have accepted the Services.

Cancellation

No contract shall be cancelled nor shall any Services, which are in accordance with the contract, be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller

Third Party Supplies

Black Oak System Solutions does not, nor will not, act as reseller for any third party goods, equipment or services. In so far as it is arranges to procure goods, equipment or services on behalf of the Buyer it acts solely as agent in this regard. Separate contracts between the Buyer and other suppliers shall remain always independent of Black Oak System Solutions. Black Oak System Solutions shall not be liable for any aspect of the supply of goods or services which it arranges under the direction of the Buyer as part of the Contract.

Liability for indirect or consequential losses

The extent of the Seller liability to the Buyer for any default or breach whatsoever and howsoever arising shall in no case exceed the invo value of the Services and the Seller shall in no circumstances whatsoever be liable to the Buyer in respect of any loss or damage wheel suffered by the Buyer or any customer of the Buyer and whether direct, indirect, consequential, or however else arising.

Abnormal operational and environmental factors

Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, temperature or pressure or chemical corrosion) which had not been notified to the Seller at the time of placing the order and specifically accepted by the Seller, then all costs incurred by the Seller in repairing such equipment and investigating the causes of the malfunction shall be payable by the Buyer

Force Majeure

The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Services by any reason or cause beyond the Sellerís control

No waiver

The Sellers failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyerís performance of compliance with any of these conditions.

Dispute

In the event of dispute between the Buyer and the Seller, should the Seller request in writing, the Buyer agrees to submit the dispute to arbitration in accordance with the arbitration action for the time being force as a legally binding alternative to court action.

Law

(a) If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions

(b) This contract is and shall be deemed to have been made in England and Wales and shall in all respects be governed by the Law of England and Wales

Black Oak System Solutions. VAT Registration No. GB 771 7987 71
Copyright 2001- Black Oak System Solutions