DigiCinco SC. - Terms and conditions
These general terms and conditions apply to all services supplied by DigiCinco and its brands, such as but not limited to Expat Computer Help, at the request of any person or business who are interested in those services (hereinafter referred as ‘the Client).
Ownership: The Client is fully responsible for and is considered to be the owner of the IT equipment that you contract DigiCinco to work on or with, plus for all the IT equipment that may be affected by this work. You are also fully responsible for and are considered to be the owner of all the software on your computer.
In case DigiCinco takes your computer with to repair, a document will be signed by you giving us the right to do so.
Availability of Goods and Services: both are subject to availability. If for whatever reason we are unable to supply any goods or services we will not be held liable for any compensation or damages as a result of the non performance.
Binding agreement: a Client's request will be considered to be a binding agreement only after either physically signing an agreement or digitally agreeing to a quotation, via email or whatsapp, .
If a home or business call out is booked and access is not gained at the agreed allotted time the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
The physical or digital acceptance of an agreement or quotation shall be deemed acceptance of these terms and conditions.
DigiCinco will only perform the work agreed upon. The Client must authorize, in writing: on paper, email or whatsapp, any additional work which may be required.
Right to Refuse: In its sole discretion, DigiCinco reserves the right to refuse work that it believes is beyond the scope of its ability or for other good cause.
Impact of Upgrades: DigiCinco advises that it is the Client’s responsibility to understand the impact of upgrades to the operating system, applications and utility software. Such upgrades can lead to incompatibilities and the possible loss of data. Computer hardware and software work together and incompatibility may not become apparent until a later date. You are responsible for contacting the manufacturer of your software regarding compatibility issues before you request any upgrades.
DigiCinco’s liability for damage to your IT equipment is limited only to any damage which is determined to be caused by DigiCinco’s negligent acts or negligent omissions. Our liability for repairs is limited to the total price of the repairs. Be aware that certain repairs, including but not limited to virus and spyware removal, may damage software and/or data installed on your computer. This is to be expected and may require the re-installation of your operating system, programs and data.
DigiCinco cannot be held responsible for the following during the repairs:
Loss or corruption of data, files, information or records;
Any loss of business goodwill
Any losses attributed to the interruption to business activity while equipment is out of service for repairs
Failure by the Client to follow our reasonable recommendations, instructions and advice to back up data
Any losses you may suffer arising from failure to use anti-virus software
Any loss considered to be unforeseeable
Damage resulting from viruses or other malicious software that may have been transmitted during servicing or repairs and therefore escaped detection.
DigiCinco will not be liable for any damage caused to other equipment by parts supplied following any repair.??
Loss of Data: Due to the process of repair, data may get damaged or at worst, deleted. DigiCinco will not accept liability for any loss of data as a result of its intervention. The Client is responsible for backing up its own data.
Privacy: DigiCinco’s Technicians will not browse through your hard drive looking at your data; however, they may inadvertently see data during the course of their work. Please remove any personal or private files you do not want others to see. Additionally DigiCinco may be required to report illegal content including unlicensed software or data such as images or videos to law enforcement agencies if discovered.
DigiCinco will respect the privacy of the Client. Any private information will remain confidential. (The only way to reveal the information will be if digicinco sees something illegal or if a court or any official statement ask for it)
User Generated Content: Reviews, Comments, Communications, and Other Content: The Client may interact with the DigiCinco in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. The Client hereby grant DigiCinco a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow DigiCinco to feature, text and images shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™). You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Abandonment: In the case that DigiCinco needs to take the Client’s IT equipment for further repair or other tasks, both parties will settle an agreement on the manner of getting the equipment back (either by home delivery by DigiCinco or by the Client picking it up). If for any reason the Client is unreachable to us, by phone, email or whatsapp, we will consider your equipment to be abandoned after a period of 90 days. The Client agrees to hold DigiCinco harmless for any damage or claim for the abandoned property. Any and all charges are still the Client’s responsibility.
Payment: Payment must be made in full immediately after completion of the agreed upon work. For work estimated to be more than 500 Euros, a deposit of 50% for goods and services is required prior to the commencement of the work.
Cancellation of a Call Out Service Request: The Client may cancel an agreed home or business call out at any time up to 2 hours prior to the agreed appointment time. Cancellations made in sufficient time will be entitled to a full refund of any funds paid in advance.
If the Client cancels or changes an appointment within 2 hours prior to the agreed time, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
Applicability of general terms and conditions and / or other conditions of the Client is hereby expressly excluded. Deviation from the General Terms and Conditions can only apply to DigiCinco if such a deviation has been accepted in advance, explicitly and in writing by a valid representative of DigiCinco.
These General Terms and Conditions are the only official version. Translations in languages other than English are unofficial and are always subordinate to the English version in case of discussion / interpretation.
Jurisdiction: All contracts formed between DigiCinco and the Client shall be governed by and construed in accordance with and governed by the laws of Spain.
Each party agrees that any disputes not resolved by the normal complaints procedure will be submitted to the court within the jurisdiction of Spain.