Terms and Conditions
These Terms and Conditions form a legal agreement between the client (“you”) and Nigel Dowse, trading as “Spectrum One” (“Spectrum One”). By using Spectrum One’s services, you acknowledge that you have read, understood, and agree to be bound by the terms set out below and to comply with all applicable laws and regulations.
1. Limited Liability
1.1. Spectrum One shall not be liable for:
a) The physical functioning of equipment, media, or storage devices.
b) The condition, integrity, or existence of data stored on hardware, media, or online services before, during, or after service.
c) Any damage to hardware or software, loss of data, revenue, or profits.
d) Any special, incidental, contingent, or consequential damages, regardless of how they arise, including negligence.
1.2. Spectrum One’s total liability shall be limited to the total contract price paid for the services.
1.3. If the service provided is deemed unsatisfactory, the sole and exclusive remedy shall be, at Spectrum One’s discretion:
a) Additional attempts to repair or recover data, or
b) A refund of the amount paid for the service.
1.4. The client acknowledges the inherent risks involved in hardware/software repair and assumes all known risks of injury or property damage.
2. Retention of Title
2.1. Ownership and Risk
a) Title to any hardware supplied by Spectrum One (“Goods”) remains with Spectrum One until full payment is received in cleared funds.
b) Risk in the Goods passes to the client upon delivery and installation.
2.2. Payment Terms
a) Payment is due immediately upon receipt of the invoice following completion of supply and installation.
b) Clients may use the Goods for up to 14 days, but may not resell, transfer, or dispose of them before full payment.
2.3. Repossession Rights
a) If payment is not made, Spectrum One reserves the right to enter the client’s premises to repossess the Goods.
b) The client must assist in facilitating removal of installed Goods.
2.4. Insolvency or Default
a) If the client becomes insolvent or enters administration, Spectrum One may demand immediate payment or repossession.
b) If Goods are resold or used, Spectrum One retains the right to recover equivalent sums from proceeds.
3. Confidentiality
3.1. Spectrum One agrees not to disclose any information, data, or files supplied with, stored on, or recovered from client’s equipment except:
a) To employees or agents bound by confidentiality agreements.
b) As required by law.
4. Payment
4.1. Payment is due in full upon completion of a successful repair or service.
4.2. If Spectrum One is unable to complete a successful repair or service, payment is required for any work already performed.
5. Warranty
5.1. Spectrum One provides a 90-day warranty on hardware it has repaired.
5.2. No warranty is provided on data recovery, and Spectrum One expressly disclaims any guarantee regarding data retrieval.
6. Customer Responsibilities
6.1. The client is responsible for ensuring that:
a) Accurate and complete information is provided before any repair or service begins.
b) All data is backed up before equipment is handed over.
c) Compliance with software licensing agreements is maintained.
6.2. Spectrum One shall not be liable for software licensing issues arising from work performed.
7. Data Recovery Disclaimer
7.1. Spectrum One does not guarantee full or partial recovery of lost data.
7.2. The client acknowledges that:
a) Data recovery success depends on the condition of the hardware/media.
b) Recovery attempts may cause further damage to data or hardware.
c) Data recovery is performed at the client’s own risk.
8. Limitation on Claims
8.1. Any claims must be submitted in writing within 30 days of service completion.
8.2. Failure to submit a claim within this period constitutes a waiver of rights to claim damages, refunds, or other compensation.
9. Termination of Services
9.1. Spectrum One reserves the right to refuse or terminate services if:
a) The client breaches these Terms and Conditions.
b) The client engages in abusive, threatening, or inappropriate behavior.
c) The requested service poses a legal or security risk.
10. Force Majeure
10.1. Spectrum One shall not be held liable for failure or delay in fulfilling obligations due to circumstances beyond its control, including:
- Natural disasters, floods, or fires.
- Government actions, war, riots, or terrorism.
- Strikes, labor disputes, or supply chain failures.
- Power failures, internet outages, or technical disruptions.
10.2. Spectrum One will make reasonable efforts to resume services as soon as possible following such an event.
11. Dispute Resolution and Governing Law
11.1. Any disputes arising from this Agreement shall be submitted to arbitration under the Rules of UK Business Arbitration.
11.2. Either party may enforce the arbitrator’s decision in a court of competent jurisdiction.
11.3. By agreeing to these terms, both parties waive their rights to a jury trial.
11.4. The arbitration shall take place in the United Kingdom, and this Agreement shall be governed by English and Welsh law.
12. Unclaimed Property
12.1. Any property left with Spectrum One unclaimed for 90 days shall be disposed of.
12.2. After this period, Spectrum One shall have no liability to the client or any third party regarding the unclaimed property.