Last updated: 24th October 2013
Please read these Terms of Service carefully before using any service operated by Kiano.Net Ltd. Kiano.Net Ltd is a Private Limited Company registered in England - Company Number: 06880299, VAT Number: GB948986145, Registered office: Apt 2352, Chynoweth House, Trevissome Park, Truro, TR4 8UN, United Kingdom.
'Conditions/Agreement/Document' means these Terms of Service.
'We/us/our/ours/Kiano.Net' means Kiano.Net Ltd, its directors, officers, owners, employees, contractors and agents.
'Our Website' means the website located at http://kiano.net or any subsequent/subdomain URL which may replace it or sit alongside it or redirect to it.
'United Kingdom' means England, Wales, Scotland and Northern Ireland.
'You/your' means a user of Our Website or a customer of Kiano.Net.
'Working Days' mean Monday to Friday (excluding public holidays in the United Kingdom).
‘System’ means your computer system (or software system, if applicable) and related peripherals and equipment.
‘Repair Tracking System’ means the websites and subsequent pages of https://kiano.net/core/status, https://kiano.net/bookcallout, https://kiano.net/onlinesupport – primarily used to track existing orders and place new orders for our products and services.
By using Our Website or by carrying out any sale of goods or services from us (including, but not limited to, requesting a product or service, being invoiced by us for a product or service, accepting or receiving a product or service from us, or sending payment for a product or service), you agree to be legally bound by these Terms of Service. You also understand and agree to all sections of these Terms of Service and have read through them carefully. We recommend that you print a copy for future reference.
If you have any queries or questions in regard to our Terms or Service, please contact us on 01246 488 900 or email us. If you have a comment, concern or complaint about a product or service you have purchased from us, please also contact us on 01246 488 900 or email us.
If any provision of these Terms of Service is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
Our Website, any content contained herein and any contract brought into being as a result of usage of Our Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. Kiano.Net Ltd and Our Website is controlled and operated by a Private Limited Company in the United Kingdom. These Conditions are governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales. These Conditions do not affect your basic statutory rights as a consumer.
Any order (for products and/or services) will only be accepted if received from within the United Kingdom and from a person over the age of 18.
All orders are subject to acceptance and availability. If any goods or services ordered are not available, you will be notified by email or telephone and you will have the option either to wait until the item is available from stock, order a replacement item or to cancel your order. It is your responsibility to provide us with a valid email address or telephone number so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided at the time of ordering and we will not accept an order unless all details requested have been given correctly. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services from us.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer - i.e. a third party procure providing unauthorised access to any data you provide or access when using Our Website or ordering products/services from us.
Goods and/or services will be delivered to you, the buyer, at the address provided by you at the time of order.
We can deliver to an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. You must notify us of any changes to delivery address at the time of order; we may not be able to process such changes after the order has been accepted.
A signature may be required by an adult aged 18 years or over on delivery of certain goods or services.
You will become the owner of goods you have ordered when we have received and processed full cleared payment from you.
Any dates quoted for delivery of goods or services are approximate only and we shall not be liable for any delays however caused. If, however, we are unable to deliver your goods by the date quoted for delivery, you, the buyer, shall be entitled to cancel the order at any time before delivery takes place. This does not affect your other rights to refund/cancelation, as outlined in the returns section below.
All payments must be received in Pound Sterling, using either: cash, BACS, cheque, PayPal (for online payments only) or credit/debit card (using iZettle technology; for in-person payments only). We reserve the right to refuse payment by PayPal and/or credit/debit card for any reason (including failures by related third parties). If your preferred method of payment is not available, you will be given the opportunity to pay at a later date, or given reasonable further time to pay using a different method, without penalty.
All prices are inclusive of VAT (where applicable) at the current rates, displayed on Our Website. Prices for delivery (in the case of goods) are quoted for delivery within 5 Miles of Chesterfield Town Centre, unless otherwise specified. Prices for call-outs (including all at-home repairs, setup, upgrades, clean-ups, etc.) are quoted for delivery within 5 Miles of Chesterfield Town Centre, unless otherwise specified. A full map of our inclusive free call-out area is available at http://kiano.net/about.php. Prices are in Pound Sterling unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery, without any penalty. This does not affect your other rights to refund/cancel, as outlined in the returns section below.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email or telephone to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Any payment already taken will be refunded in full.
When you pay for your order by credit or debit card, PayPal or iZettle may carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we, PayPal or iZettle may contact you with further details.
You may request a VAT invoice (through our Repair Tracking System or postal mail) once a good or service has been purchased or paid for.
To be eligible to purchase goods or services from us (either through Our Website or otherwise) and lawfully enter into and form contracts with us, you must:
You warrant that:
CANCELLATION AND REFUNDS
We operate a four-section refund policy. Subject to the details and conditions of the corresponding sections below, you may:
As a consumer, you are legally entitled (under The Consumer Protection (Distance Selling) Regulations 2000) to cancel any contract completed with us within 14 days after the day of receipt of the goods or services. You cannot cancel a contract for computer software which has been unsealed. Likewise, you cannot cancel a contract for consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.
If you do cancel a contract, then you must notify us by sending an email to us or telephoning 01246 488 900. You must retain possession of any goods and ensure that such goods are kept in the same condition (unopened and unused) as they were when they were delivered until such time as the goods are collected by us. We will notify you of when we wish to collect the goods, which will usually be within 7 days of us receiving your notification of cancelation. You must pay reasonable charges (up to £5 for collections within the Chesterfield Area) for any collection of the goods from your delivery address. The total sum refunded to you will include any delivery costs paid.
OUR 28 DAY MONEY-BACK PROMISE
If you are not happy with your purchase for any reason, you can return it to us, at your expense, within 28 days of delivery. It must be returned in the same condition (unopened and unused) as it was when it was delivered, and we will refund you with the full amount you paid for that item (excluding any delivery charges). All we ask is that you inform us by email or telephone as soon as possible. We will then provide you with the required steps for returning the item to us and for receiving a full refund.
You should allow up to 28 days for us to process the return. We will normally refund you using the same payment method that you used to purchase the goods. Postage and packaging charges will not be refunded. The 28 Day Money-Back Promise only applies to goods, and not services. You cannot return computer software which has been unsealed. Likewise, you cannot return consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods. This does not affect your statutory rights.
DAMAGED OR FAULTY GOODS
You must examine goods on arrival before signing for them. You are entitled to a refund of the full purchase price including postage and packing of an item which is delivered in a damaged or faulty condition or which develops a fault within 6 months from delivery (other than due to normal wear and tear, failure to follow instructions or misuse). You cannot return computer software which has been unsealed. Likewise, you cannot return consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.
At your choice, we can replace the faulty/damaged item with the same or a similar product of same value (subject to availability), or we can repair the item free of charge (as long as the cost to us is less than replacement). Alternatively, you can keep the faulty/damaged product and negotiate a price reduction with us to an appropriate amount taking the defect into consideration. Once you have received a price reduction for the fault, you may not make any further claims for the damaged product which are in relation to the same fault.
If a product is discovered to be damaged or faulty, please contact us immediately. You should allow up to 28 days for us to process the return and make collection (if applicable). We will normally refund you using the same payment method that you used to purchase the goods. This does not affect your statutory rights.
KIANO.NET LIMITED PRODUCT WARRANTY
On certain repairs carried out by us and products sold by us, you may be eligible for free repair or replacement by us up to 18 months from the date of delivery. You will be notified of eligibility once your product or service has been delivered and fully paid for, as no job/sale automatically qualifies for the Kiano.Net Limited Product Warranty. The Kiano.Net Limited Product Warranty does not apply to commercial/business customers. You will be provided with a copy of the Kiano.Net Limited Product Warranty. The offering of this warranty does not operate to limit your rights to claim against any other warranty (whether provided by law, manufacturer or us), thus not affecting your statutory rights. The Kiano.Net Limited Product Warranty is limited by these Conditions, and the additional conditions as printed on your copy of the limited warranty.
OUR COMPUTER SALE & REPAIR SERVICES
GENERAL REPAIR INFORMATION
We reserve the right to dispose of or sell any System that has been left at our repair centre for over 6 months. During this time, we will attempt to contact you by telephone, email and at your postal address.
You acknowledge that any job (including, but not limited to, repair, upgrade, setup or clean-up) carried out by us may invalidate Third Party warranties/guarantees on your product, its components, and its peripherals.
It is your responsibility to make sure that prior to any work by us, your data is backed up and appropriate recovery procedures are in place.
We normally will keep (unless you inform us otherwise) any components or peripherals that are replaced by us. We may charge an additional fee to deliver the replaced components/peripherals. We may also charge an additional fee for additional services like data recovery of replaced hard drives. Please enquire about your replaced components/peripherals at the time of placing an order or call-out for full pricing and additional services.
Our guarantee (at kiano.net/guarantee.php) outlines some of the targets that we try to support when providing you with a service. However, sometimes we aren't fully able to support all our targets for the reasons shown below:
The 'You can request a time to suit you' guarantee only applies if the requested time slot is not already taken by another customer. Time slots are provided on a 'First Come, First Served' basis.
The 'No Fix, No Fee' guarantee only applies to call-outs and repair jobs. It does not apply when parts, components or replacement Systems have been sold (whether part of the call-out or not) to the customer and used to what we deem to be ‘beyond re-sellable condition’. If you have already paid, you must alert us to any claims of our 'No Fix, No Fee' policy within 7 days of the repair being completed (or a reasonable length of time if you have not had time to test your System). ‘No Fix, No Fee’ does not apply to our telephone support service, which is charged at local rate (01246). We recommend you use our free online support service when available.
The 'Free Call-Outs' guarantee only applies to the initial call-out charge being free. The total price of the call-out is dependent on the type of job and parts required in the job. See our Prices section on http://kiano.net for details. Also Call-Outs are only free within 5 Miles of Chesterfield Town Centre (defined on http://kiano.net/about.php). Outside Chesterfield special charges apply, which you will be informed of if you request a quote or book a call-out.
The 'We'll beat any repair or clean-up quote' guarantee means we will beat any written quote (from no longer than 28 days previous) you receive of an equal products/services within our free call-out area. The written quote must include VAT and all call-out/delivery charges. Generally, most repairs and clean-ups apply. However due to great variances in the quality of products/services received from different companies, the following exclusions apply: Virus repairs (for hardware based issues), Data recovery (where hardware-based data recovery techniques are required) and Network faults which include a telephone line fault or faults that include floor/wall/ceiling routed cable.
We operate a discount policy to new customers who have been referred to us from an existing customer. This scheme is advertised on flyers, promotional cards and sometimes verbally to customers. When a new customer is referred, the existing customer and the new customer both receive a discount of 25% off their next call-out. This discount must be redeemed within 6 months of being issued. To receive the discount, the new customer must mention that they have been referred at the time of booking a call-out – also providing the referring/existing customer's name or customer number. The discount only applies to call-out jobs – and only includes clean-ups, basic repairs, setup and upgrades up to a maximum discount of £5. Discounts do not apply to components/parts, Systems or call-out charges (if any). A minimum spend of £15 (before discount) applies. New customers must redeem the discount on their first job. Existing customers will receive a discount for each new customer they refer up to a maximum of two in a month. Customers may only redeem one discount per call-out. The discount cannot be used in conjunction with any other offer or promotion.
We attempt to ensure that the information available on Our Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
Products, services, prices and offers are only valid at the time they are published on Our Website. All drawings, images, descriptive matter and specification of goods and services on Our Website are for the sole purpose of giving an approximate description of the goods and services.
We reserve the right to modify or suspend (temporarily or permanently) Our Website (or any part thereof), including the availability of any features, information, database or content without notice or liability.
You may not use Our Website for any of the following purposes:
The content of Our Website is protected by copyright and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of Our Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on Our Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of Our Website for other than personal use is expressly prohibited.
You may retrieve and display the content of Our Website on a computer, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Website.
You further acknowledge that any other use of the material and content of Our Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No licence is granted to you in these Conditions to use any trade mark of ours or of affiliated companies.
Goods and services sold by us may be subject to copyright, trade mark, patent or other intellectual property rights in favour of third parties. We acknowledge those rights.
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY FOR OUR PRODUCTS AND SERVICES
To the maximum extent permitted by law, Kiano.Net Ltd, its directors, officers, owners, employees, contractors and agents (and suppliers, where applicable) will not be responsible for:
The limitations on our liability shall apply irrespective of whether we have been advised of (or should have been aware of the possibility that) any such losses arising, or not. The total liability of any losses, damages, expenses or injuries shall not, under any circumstances, exceed the total invoiced cost of the related job.
The limitations described are applicable from the date of the agreement of these Conditions, for the entire and complete life of the product or service (and that of any related peripheral items).
Other than your rights as detailed in the section 'Cancellations and Refunds', we make no guarantees and exclude all warranties for our products and services (and the reliability of our products and services). We provide all services "as is".
If you use our products and services on behalf of a business, that business accepts these terms, just like a consumer. It will hold harmless and indemnify us from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
We shall have no liability for delays or failures in the supply of products and/or services resulting from force majeure, including but not limited to, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, war (including, but not limited to, biological and nuclear warfare), inability to ship, or other causes beyond our reasonable control.
THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.