Terms & Conditions for Home Services

Phone lines are open from 8am to 10pm 7 days a week 365 days a year.

All costs cover installation and service time only. Any hardware or software required must be purchased separately.

Calls to Comet On Call cost no more than 3 pence per minute from a BT landline. Other calls may vary. © 2008. All Rights Reserved

• 2. Our obligations in providing the Services
• 2.1 This Agreement sets out the agreement You have with Us.
• 2.1 We shall provide the Services to You using reasonable skill and care and in accordance with the terms of this Agreement.
• 2.3 We shall begin providing the Service to You on the Commencement Date.
• 2.4 We shall use Our reasonable endeavours to resolve all issues covered by the Service however, due to the complex nature of information technology equipment and software, regrettably We cannot guarantee that We shall resolve all issues

• 3.1 You agree to follow Our reasonable instructions relating to Our provision of and Your use of the Services and agree to allow Us reasonable access to Your Premises if We need to carry out any work.
• 3.2 We may ask You to give us access to Your PC to provide the Service. Where We require such access, You shall ensure that You have a suitable broadband internet connection. We shall ask You to grant Us access on a session by session basis.
• 3.3 You shall ensure that the Service is not used:
  • (a) in any way contrary to Our Fair Use Policy;
  • (b) in any way which is illegal, criminal, fraudulent or otherwise unlawful, or is in contravention of any licence or third party rights;
  • (c) to make or send offensive, indecent, menacing, nuisance or hoax calls or communications, or to cause annoyance, inconvenience or needless anxiety;
  • or (d) in any way which We reasonably believe is, or is likely to be detrimental to Us, Our provision of the Service to You or to any of Our customers.
• 3.4 We take any misuse of the Service very seriously, and You agree to take all reasonable steps to make sure that it does not happen. If We reasonably believe that You have breached clause 3.3, even if it happens without Your knowledge, We will be entitled to immediately suspend the Services or end Your Agreement without notice in order to protect Us and Our customers.
• 3.5 If We provide You with usernames and passwords allowing You to access the Services, You agree that You are solely responsible for ensuring that these are kept secure and private. You agree to notify us as soon as possible if You know or believe that the security of Your usernames or passwords has been violated in any way.
• 3.6 You are responsible for taking appropriate steps to maintain and safeguard Your computer/IT system, for example by regularly backing up data, running current virus software and adopting other appropriate security or maintenance procedures.

• 4.1 The Service is for Your domestic use only and may not be used for any non personal or commercial purposes.
• 4.2 All calls made to the Home Computer Helpline Service are subject to Our Fair Use Policy. We reserve the right to impose limits on Your calls or suspend or terminate Your access to the Service, if We reasonably believe that Your use of the Service is a breach of Our Fair Use Policy.

• 5.1 You shall pay the Charges for the Service in accordance with the Service Policy.
• 5.2 If the Service has a Minimum Period, the Charges shall be fixed for that Minimum Period. Other than this We may vary our Charges but We will email You in advance with details of any changes giving You at least 30 days' notice before making any changes to Our Charges

• 6.1 We may make changes to these Terms or add to them, from time to time. We will post the updated Terms on Our Website. Wherever reasonably possible, We will try to notify You in advance of any material changes to the terms of this Agreement but this may not always be possible (for instance where the updates are required to take an account of a change in the law).
• 6.2 If We make any change to these Terms (other than to the Charges) which is to Your significant disadvantage and which materially affects the Service or the way in which You enjoy the Service, You will be entitled to terminate this Agreement within 30 days of receiving notice of the change, or within 30 days of the change being posted on Our Website where no notice is sent. In such circumstances, We shall offer You a refund of any Charges paid in advance for the period that You will not be in receipt of the Service.

• 7.1 This Agreement shall begin when You purchase the Service from Us and continue until brought to an end by either of us in one for the ways set out in this clause 7.
• 7.2 Either of us may end this Agreement by giving the other 30 days' prior notice. If Your Service has a Minimum Period, the termination cannot take effect until the Minimum period has ended.
• 7.3 You may end this Agreement at anytime (even during the Minimum Period) if We do not do what We have agreed to do under this Agreement and do not put it right within 14 days of You asking Us to do so.
• 7.4 We may end this Agreement at anytime (even during the Minimum Period) immediately without notice if the Service is used contrary to clause 3.3.
• 7.5 We may end this Agreement immediately at any time (even during the Minimum Period) if:
  • (a) You do anything (or allow anything to be done) which We reasonably believe may damage or affect the operation of Our Services;
  • (b) You become bankrupt or make any arrangement with Your creditors;
  • (c) You fail to do what you have agreed to do under this Agreement and you do not put it right within 14 days of us asking you to do so in writing.
• 7.6 You have entered this Agreement on the basis that a Minimum period applies. If this Agreement ends during the Minimum Period (unless You end it under clause 6.2 or 7.3), You shall not be entitled to any refund of the Charges.

• 8.1 We will be liable under this Agreement for:
  • (a) death or personal injury caused by Our negligence; and
  • (b) all those things that We cannot exclude or limit Our liability for under English law.
• 8.2 When We negligently damage Your physical property, Our maximum aggregate liability will be £1 million pounds.
• 8.3 Other than under clause 8.1, We will not be liable for loss of profits or revenue, loss of use, or missed opportunities, or for any loss of damage that is indirect and/or was not reasonably foreseeable at the time this Agreement was entered into, whether due to Our negligence or otherwise.
• 8.4 Other than under clause 8.1 and 8.2 and subject to clause 8.3 Our maximum aggregate liability to You under this Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the Charges You have paid Us in the past 12 months or, if greater, £1,000.
• 8.5 There may be some occasions when We are unable to provide the Service as a result of something outside of our reasonable control. We will not be liable to You if that is the case.
• 8.6 We will use all reasonable endeavours to meet any date provided under this Agreement but as they are estimates only, We do not accept any liability if We fail to do so.

• 9.1 We take Your privacy very seriously and We are committed to managing Your personal data transparently and fairly. We will always observe Our Privacy Policy when managing Your personal data.

• 10.1 This Agreement sets out the entire agreement and understanding between You and Us about everything contained in this Agreement, and replaces any previous agreements and understandings between us (whether oral or in writing) about everything we have agreed in this Agreement.
• 10.2 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as set out in this Agreement. Nothing in this Agreement will operate to limit or exclude any liability for fraud.
• 10.3 If there is any conflict between the constituent parts of this Agreement, the Terms shall take precedence over the Service Policy, which shall in turn take precedence over the Fair Use Policy.
• 10.4 If You need to send Us a written notice by post please send the notice to Comet Group plc, George House, George Street, Hull HU1 3AU and the notice shall be deemed to have arrived with Us on the second business day after posting. You may also call Us on 08448 920999.
• 10.5 This Agreement is personal to You and You not may assign, or otherwise transfer Your rights and obligations under this Agreement to any third party.
• 10.6 There may be circumstances where either of us is unable to fulfil our obligations under this Agreement because of an event beyond our reasonable control. This could include severe weather or other natural disaster, an act of terrorism, strikes or the negligence of third parties. In such cases we each agree that the other will not be responsible for what has happened and will not be responsible for fulfilling their obligations under this Agreement for as long as the event continues.
• 10.7 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of this Agreement.
• 10.8 Failure by either of us to enforce rights under this Agreement shall not prevent You or Us (as the case may be) from taking further action.
• 10.9 A court, arbitrator or government agency finds that any part of this Agreement is unenforceable, then that part of this Agreement will be struck out and the remaining parts will continue unaffected.
• 10.10 This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

• 1. About the Fair Use Policy
• 1.1 The Fair Use Policy forms part of Your Agreement for Comet On Call Services.
• 1.2 The Fair Use Policy explains what constitutes acceptable use of the Comet On Call Services.
• 1.3 If We reasonably believe the number of calls You make is not consistent with normal, fair and reasonable use of the Service then We will be entitled at Our option to impose limits on Your calls to the Service and in some cases, to suspend the Service or end the Agreement.
• 1.4 Wherever reasonably possible, We will give You written notice before taking any such action and allow You a reasonable period of time to modify Your use of the Service.

Terms & Conditions for Business Services

Phone lines are open from 8 am to 10pm every day except Christmas Day. Any hardware or software required must be purchased separately.

Call to Comet on Call cost no more than 3 pence per minute from a BT landline. Other calls may vary. © 2008. All rights reserved.

• 2. Our obligations in providing the Services
• 2.1 This Agreement sets out the agreement You have with Us.
• 2.2 We warrant and represent to You that: (a) the Services shall be performed by appropriately qualified and trained personnel, with due care and diligence and to the high standard that a prudent, experienced and diligent provider of services of substantially the same nature as the Services would employ; (b) the Services shall comply with all statutory requirements, regulations and good industry practice relating to Our provision of the Services.
• 2.3 We shall begin providing the Service to You on the Commencement Date.
• 2.4 We shall use Our reasonable endeavours to resolve all issues covered by the Service however, due to the complex nature of information technology equipment and software, regrettably We cannot guarantee that We shall resolve all issues.

• 3.1 You agree to follow Our reasonable instructions relating to Our provision of and Your use of the Services and agree to allow Us reasonable access to Your Premises if We need to carry out any work.
• 3.2 We may ask You to give us access to Your PC to provide the Service. Where We require such access, You shall ensure that You have a suitable broadband internet connection. We shall ask You to grant Us access on a session by session basis.
• 3.3 You shall ensure that the Service is not used:
  • (a) in any way contrary to Our Fair Use Policy;
  • (b) in any way which is illegal, criminal, fraudulent or otherwise;
  • (c) to make or send offensive, indecent, menacing, nuisance or hoax calls or communications, or to cause annoyance, inconvenience or needless anxiety; or;
  • or (d) in any way which We reasonably believe is, or is likely to be detrimental to Us, Our provision of the Service to You or to any of Our customers.
• 3.4 We take any misuse of the Service very seriously, and You agree to take all reasonable steps to make sure that it does not happen. If We reasonably believe that You have breached clause 3.3, even if it happens without Your knowledge, We will be entitled to immediately suspend the Services or end Your Agreement without notice in order to protect Us and Our customers.
• 3.5 If We provide You with usernames and passwords allowing You to access the Services, You agree that You are solely responsible for ensuring that these are kept secure and private. You agree to notify us as soon as possible if You know or believe that the security of Your usernames or passwords has been violated in any way.
• 3.6 You are responsible for taking appropriate steps to maintain and safeguard Your computer/IT system, for example by regularly backing up data, running current virus software and adopting other appropriate security or maintenance procedures.
• 3.7 Where any intellectual property is created in the provision of the Services all such intellectual property rights shall vest in Us and You shall do all such tasks and execute all such documents as may be required to give effect to this. We shall subsequently grant You a non-exclusive royalty free licence to use such intellectual property solely for the purpose of fulfilling Your obligations pursuant to a Contract. You shall fully indemnify Us and keep Us fully indemnified against any costs, damages, losses, expenses or liability incurred by Us arising out of any claim, action or proceeding brought by a third-party alleging that Our use of such intellectual property infringes a third-party’s intellectual property rights.

• 4.1 All calls made to the Home Computer Helpline Service are subject to Our Fair Use Policy. We reserve the right to impose limits on Your calls or suspend or terminate Your access to the Service, if We reasonably believe that Your use of the Service is a breach of Our Fair Use Policy.

• 5.1 You shall pay the Charges for the Service in accordance with the Service Policy within 30 days of receipt of a correctly constituted VAT invoice.
• 5.2 If the Service has a Minimum Period, the Charges shall be fixed for that Minimum Period. Other than this We may vary our Charges but We will email You in advance with details of any changes giving You at least 30 days’ notice before making any changes to Our Charges.
• 5.3 Where payment is overdue, We shall be entitled to charge You daily interest until payment is received in full at a rate equal to 8% per annum above the base rate of the HSBC Plc from time to time whether before or after judgment and until the date that payment is made in full.

• 6.1 We may make changes to these Terms or add to them, from time to time. We will post the updated Terms on Our Website. Wherever reasonably possible, We will try to notify You in advance of any material changes to the terms of this Agreement but this may not always be possible (for instance where the updates are required to take an account of a change in the law).
• 6.2 If We make any change to these Terms (other than to the Charges) which is to Your significant disadvantage and which materially affects the Service or the way in which You enjoy the Service, You will be entitled to terminate this Agreement within 30 days of receiving notice of the change, or within 30 days of the change being posted on Our Website where no notice is sent. In such circumstances, We shall offer You a refund of any Charges paid in advance for the period that You will not be in receipt of the Service.

• 7.1 This Agreement shall begin when You purchase the Service from Us and continue until brought to an end by either of us in one for the ways set out in this clause 7.
• 7.2 Either of us may end this Agreement by giving the other 30 days’ prior notice. If Your Service has a Minimum Period, the termination cannot take effect until the Minimum period has ended.
• 7.3 You may end this Agreement at anytime (even during the Minimum Period) if We do not do what We have agreed to do under this Agreement and do not put it right within 14 days of You asking Us to do so.
• 7.4 We may end this Agreement at anytime (even during the Minimum Period) immediately without notice if the Service is used contrary to clause 3.3.
• 7.5 We may end this Agreement immediately at any time (even during the Minimum Period) if:
  • (a) You do anything (or allow anything to be done) which We reasonably believe may damage or affect the operation of Our Services;
  • (b) You become insolvent or make any arrangement with Your creditors; or
  • (c) You fail to do what you have agreed to do under this Agreement and you do not put it right within 14 days of us asking you to do so in writing.
• 7.6 You have entered this Agreement on the basis that a Minimum period applies. If this Agreement ends during the Minimum Period (unless You end it under clause 6.2 or 7.3), You shall not be entitled to any refund of the Charges.

• 8.1 Subject to clause 8.3, We shall no liability to You for any loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of reputation, loss of data ( in each case whether or not advised of the possibility of the same) or any indirect or consequential loss.
• 8.2 Subject to clauses 8.1 and 8.3, Our maximum aggregate liability in relation to each Agreement whether in contract, tort (including negligence) or otherwise shall be limited to the greater of the Charges attributable to that Agreement or £50,000.
• 8.3 Nothing in this Agreement shall limit or exclude Our liability for any matter for which liability cannot be excluded at law.
• 8.4 There may be some occasions when We are unable to provide the Service as a result of something outside of our reasonable control. We will not be liable to You if that is the case.
• 8.5 We will use all reasonable endeavours to meet any date provided under this Agreement but as they are estimates only, We do not accept any liability if We fail to do so.

• 9.1 We take Your privacy very seriously and We are committed to managing Your personal data transparently and fairly. We will always observe Our Privacy Policy when managing Your personal data.

• 10.1 This Agreement sets out the entire agreement and understanding between You and Us about everything contained in this Agreement, and replaces any previous agreements and understandings between us (whether oral or in writing) about everything we have agreed in this Agreement.
• 10.2 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as set out in this Agreement. Nothing in this Agreement will operate to limit or exclude any liability for fraud.
• 10.3 If there is any conflict between the constituent parts of this Agreement, the Terms shall take precedence over the Service Policy, which shall in turn take precedence over the Fair Use Policy.
• 10.4 If You need to send Us a written notice by post please send the notice to Comet Group plc, George House, George Street, Hull HU1 3AU and the notice shall be deemed to have arrived with Us on the second business day after posting. You may also call Us on 08448 920999.
• 10.5 This Agreement is personal to You and You not may assign, or otherwise transfer Your rights and obligations under this Agreement to any third party.
• 10.6 There may be circumstances where either of us is unable to fulfil our obligations under this Agreement because of an event beyond our reasonable control. This could include severe weather or other natural disaster, an act of terrorism, strikes or the negligence of third parties. In such cases we each agree that the other will not be responsible for what has happened and will not be responsible for fulfilling their obligations under this Agreement for as long as the event continues.
• 10.7 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of this Agreement.
• 10.8 Failure by either of us to enforce rights under this Agreement shall not prevent You or Us (as the case may be) from taking further action.
• 10.9 A court, arbitrator or government agency finds that any part of this Agreement is unenforceable, then that part of this Agreement will be struck out and the remaining parts will continue unaffected.
• 10.10 This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

• 1. About the Fair Use Policy
• 1.1 The Fair Use Policy forms part of Your Agreement for Comet On Call Services.
• 1.2 The Fair Use Policy explains what constitutes acceptable use of the Comet On Call Services.
• 1.3 If We reasonably believe the number of calls You make is not consistent with normal, fair and reasonable use of the Service then We will be entitled at Our option to impose limits on Your calls to the Service and in some cases, to suspend the Service or end the Agreement.
• 1.4 Wherever reasonably possible, We will give You written notice before taking any such action and allow You a reasonable period of time to modify Your use of the Service.