Support Plan Terms & Conditions
1.The Support Plan.
These terms and conditions govern the technical support and hardware services provided to you (the purchaser of the Support Plan) by Western Computer or its successor in title under the Support Plan (referred to herein as the “Plan”) for the Apple-branded product listed on your proof of coverage document (referred to herein as the “Support Plan Confirmation”).
2. When Coverage Begins and Ends.
Coverage begins on the date specified as the “Start Date” and ends on the date specified as the “End Date” as shown on your Support Plan Confirmation. Cover is provided for business hours, Monday to Friday from 9.00am until 5.30pm, excluding Bank Holidays. This is the “Coverage Period”. There is no limit to the number of support calls that you can make.
3. What is Covered.
The “Covered Equipment” is defined as the equipment listed on the Support Plan Confirmation document. Cover will only be provided on the “Covered Equipment” whilst it is at your location, the address shown on the Support Plan Confirmation document.
4. Cover Options
Western Computer will provide technical support (“Technical Support” see clause 5) and hardware services (“Hardware Service” see clause 6) as determined by the “Plan Cover Option” shown on the Support Plan Confirmation document through the following options:
4.1 Plan Cover Option “Mac Help Desk”. The Plan provides Technical Support only. No Onsite services or Hardware Service are provided under the terms of the Plan.
4.2 Plan Cover Option “Mac Help Desk with C&R”. The Plan provides Technical Support and the collection and return of equipment to the customer location when Hardware Service is required. Western Computer reserves the right to send a technician to collect and return the equipment or make use of a courier. Where a courier is used you will be asked to ensure that the equipment is adequately packaged. Western Computer will organise and pay for shipping to and from your location. No loan equipment is provided under this Plan.
4.3 Plan Cover Option “Mac Help Desk with Onsite”. The Plan provides Technical Support, collect and return for Hardware Service as 4.2 above and the visit of a technician to your location to assist with support issues that cannot be resolved by the remote Technical Support service. This Plan also provides for the installation of a loan Mac mini server where your Mac server needs to be taken off site for Hardware Service. No other loan equipment is provided under this Plan.
4.4 Plan Cover Option “Mac Help Desk with Onsite plus Loan Mac”. The Plan provides all of the services listed in 4.3 above, plus the provision of loan equipment when the Covered Equipment has to be removed for Hardware Service. Western Computer reserves the right to specify the loan equipment which may not necessarily be the same specification as the Covered Equipment but will be similar in performance.
5. Technical Support
During the Coverage Period, Western Computer will provide you with access to telephone, remote access and web-based technical support resources. Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when Hardware Service is required. Western Computer will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, “Major Release” means a significant version of software that is commercially released by Apple in a release number format such as “1.0” or “2.0” and which is not in beta or pre-release form. The scope of technical support provided to is described below.
Under the Plan, Western Computer will provide technical support for the Covered Equipment, Apple’s operating system software (“Mac OS”) and Apple-branded and leading third party software applications that are designed to operate with the Covered Equipment. Western Computer will also provide technical support using the graphical user interface for server administration and network management issues on Apple’s operating system server software (“Mac OS Server”) on a Mac.
6. Hardware Service
Where a hardware fault has been identified on the Covered Equipment by the Technical Support technician, Western Computer will either (a) repair the defect using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product. If Western Computer exchanges the Covered Equipment, the original product becomes Western Computer’s property and the replacement product is your property with coverage for the remaining period of the Plan.
Hardware Service will not normally be performed at your location and the equipment will be removed for repair at the safe location of a Western Computer service workshop.
All Hardware Services are chargeable unless the equipment is covered under manufacturer warranty or an extended warranty agreement such as AppleCare or Western Care Plus. Hardware Service will be charged at the Western Computer current hourly labour rate plus the cost of Apple parts. No chargeable Hardware Service will be undertaken without your prior written authorisation.
Where parts for the Covered Equipment become unavailable from the manufacturer Apple, Western Computer will no longer be able to offer Hardware Service under the Plan and all liability to do so will cease.
No Hardware Service is provided on third party (non-Apple) equipment under the terms of the Plan.
7. What is not Covered
7.1 Technical Support.
The Plan does not include:
(i) Issues that could be resolved by upgrading software to the then current version;
(ii) Your use of or modification to the Covered Equipment, the Mac OS, Apple Software in a manner for which it is not intended to be used or modified according to the manufacturer’s user manual, technical specifications or other published guidelines for the Covered Equipment;
(iii) Third-party products or their effects on or interactions with the Covered Equipment;
(iv) Your use of a computer or operating system that is unrelated to connectivity issues with the Covered Equipment;
(vii) Mac OS software for servers, except when using the graphical user interface for server administration and network management issues on Mac OS Server on a Mac;
(viii) Mac OS software or any Apple-branded or third-party software designated as “beta”, “pre-release,” or “preview” or similarly labeled software;
(ix) Third-party web browsers, email applications, and Internet service provider software, or the Mac OS configurations necessary for their use; or
(x) Damage to, or loss of any software or data residing or recorded on the Covered Equipment. Recovery and reinstallation of software programs and user data are not covered under this Plan.
7.2 Hardware Service.
The Plan does not apply to:
(i) Installation, removal or disposal of the Covered Equipment.
(ii) Damage caused by
(a) a product that is not the Covered Equipment,
(b) accident, abuse, misuse, liquid contact, fire, earthquake or other external cause,
(c) operating the Covered Equipment outside the permitted or intended uses as described by the manufacturer in the user manual, technical specifications or other published guidelines for the Covered Equipment, or
(d) service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”);
(iii) Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(v) Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports;
(vi) Consumable parts, such as batteries, unless failure has occurred due to a defect in materials and workmanship;
(vii) Preventative maintenance on the Covered Equipment.
(viii) Defects caused by normal wear and tear or otherwise due to normal aging of the product ; or
(iv) The loss or theft of your Covered Equipment.
8. How to Obtain Service and Support
You may obtain Technical Support and Hardware Service by accessing the Western Computer support resources described below. If calling, a Western Computer technical support representative will answer, request your Plan Agreement Number or Covered Equipment serial number before providing you with assistance. Keep your Support Plan Confirmation document for your Covered Equipment, as it will be required if there is any question as to your product’s eligibility for coverage.
Support Telephone Number: 01179 300 800
Support Telephone email address: firstname.lastname@example.org
9. Response Times
If your call cannot be taken immediately all reasonable endeavours will made to respond to the call within two working hours. Working hours being defined as Monday to Friday 9.00am to 5.30pm. We will always try and resolve your Technical Support issues as quickly and efficiently as possible. If Hardware Service is required we will normally send a courier or technician to your location to collect the Covered Equipment the day after the hardware fault has been identified. Once in our service workshop, the repair will normally take 3 to 5 working days to complete subject to the availability of manufacturer parts. These response times are intended as a guide only and are not guaranteed under the terms of the Plan.
10. Your Responsibilities
To receive service or support under the Plan, you have to comply with the following:
(i) Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested;
(ii) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(iii) Respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
(iv) Follow instructions Western Computer gives you, including but not limited to refraining from sending Apple products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions;
(v) Update software to currently published releases prior to seeking service; and
(vi) MAKE SURE TO BACK UP SOFTWARE AND DATA RESIDING ON THE COVERED EQUIPMENT. WESTERN COMPUTER MAY REINSTALL THE COVERED EQUIPMENT’S ORIGINAL SOFTWARE CONFIGURATION AND SUBSEQUENT UPDATE RELEASES WHILE PERFORMING SERVICE, WHICH WILL RESULT IN THE DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE COVERED EQUIPMENT PRIOR TO SERVICE. You will be responsible for reinstalling all other software programs, data and passwords.
(vii) If the service technician is not granted access to the Covered Equipment at the appointed time, any further onsite visits may be subject to an additional charge.
(viii) Where loan equipment is provided, ensure that it is adequately insured for damage or theft. If loan equipment is damaged or lost at your location, you will be charged the original product price for its replacement.
11. Limitation of Liability
11.1 Western Computer is not responsible for ensuring that the Plan is suitable for your required purpose.
11.2 Nothing in these Terms and Conditions shall limit or exclude Western Computer’s liability (i) for death or personal injury caused by its negligence or (ii) for fraud or (iii) any liability which cannot be excluded by law.
11.3 Subject to clauses 11.2 and 11.4, Western Computer will not be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused by it or its employees or agents under and / or in connection with this Plan:
- i) where such loss or damage is not a reasonably foreseeable result of any such breach; or
- ii) for any increase in loss or damage resulting from breach by you of any term of this Plan; or
iii) for any losses that relate to a business operated by you (including without limitation lost data, lost profits or business interruption).
11.4 Subject to clause 11.2, Western Computer’s maximum liability whether in contract, tort (including negligence) or otherwise for any loss or damage caused by it or its employees or agents under and / or in connection with this Plan shall be limited to a sum equivalent to the amount which you paid Western Computer for the Plan.
11.5 These terms and conditions do not affect your statutory rights, nor your right to cancel the Plan as per Section 12.
You may cancel the Plan at any time within the Plan’s term, upon sixty (60) days’ prior written notice but will not be entitled to a refund if you have received support or services under the Plan. If you have not received support or services under the Plan and wish to cancel you will be entitled to a pro rata refund of the Plan’s original purchase price, based on the remaining period of full unexpired months of cover provided by the Plan.
You will receive a notification (by email) 60 days in advance of the Renewal Date of the Plan. You will be given the option to cancel the plan at the renewal date or continue with the cover.
Cancellation of the Plan must be put in writing to email@example.com.
Western Computer reserves the right to suspend or cancel support and services provided by the Plan if the invoice for the Plan remains unpaid 30 days after the invoice date.
13. Transfer of Plan
With Transfer of Covered Equipment to New Owner. Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) the transfer includes the original Proof of Purchase, the Plan’s Confirmation and these Terms and Conditions; (b) you notify Western Computer of the transfer by sending notice of transfer to firstname.lastname@example.org.; and (c) the party receiving the Plan accepts the Terms and Conditions of the Plan. When notifying Western Computer of the transfer of the Plan, you must provide the Plan Agreement Number, the serial number of the Covered Equipment being transferred and the name, address, telephone number and email address of the new owner.
(i) No Western Computer agent or employee is authorized to make any modification, extension, or addition to the terms of this Plan.
(ii) If any term is held to be illegal or unenforceable, it shall be severed from this contract and the legality or enforceability of the remaining terms shall not be affected.
(iii) You agree that any information or data disclosed to Western Computer under this Plan is not confidential or proprietary to you.
(iv) You must provide the serial numbers of the Covered Equipment prior to receiving support and services under this Plan.
(vii) This Plan is suitable for business customers only and is not intended for consumers.
(vii) This contract is governed by and construed under the laws of England and each party hereby submits to the non-exclusive jurisdiction of the English courts.