By using Swift Repair for any service or purchase of product you agree to be bound by these terms and conditions
Terms of service
These Conditions apply to the Services we provide and by ordering the Services, you agree to be bound by the terms and conditions set out below. Before you order the Services, if you have any questions relating to these Conditions please contact our customer service representatives by calling us on 07854 477883. Please note that all calls may be recorded for quality monitoring and training purposes. Alternatively, you can contact us online at www.swift-repair.com
“Conditions” means these terms and conditions;
“Personal Information” means the details provided by you to us;
“Services” means the services you order under the terms of these Conditions;
“Us/our/we” means Swift Repair (The agreed repair technicians)
“Website” means the website located at www.swift-repair.com or any subsequent URL which may replace it; and
“You/your” means an authorised user of the Services.
A. USE OF THE SERVICES
1. Provision of the Services
a. We shall provide the Service in accordance with these Conditions
2. Rights and Obligations
2.1 You undertake:
2.1.1 To pay the amounts due for the Services in a timely manner;
2.1.2 that the Personal Information which you provide is true, accurate, current and complete in all respects; and
2.1.3 to notify us immediately of any changes to the Personal Information, either via www.swift-repair.com or by calling us on 07854 477883 and
2.1.4 not to impersonate any other person or entity or to use a false name.
2.2 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Services. We also reserve the right to change or add to these Conditions from time to time.
2.3. Unless you have placed an order for Services, we shall not be obliged to give you notice of any such modification or withdrawal.
2.4. You will be subject to the policies and Conditions in force at the time you order the Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
2.5. We shall not withdraw or modify to your substantial detriment any of the one-off Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
2.6. We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of our reasonable control.
B. PURCHASE OF SERVICES
3. Orders
3.1. The Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us, those who are residents in the United Kingdom and individuals who are 16 years old or above.
3.2. To order the Services, you must provide your name, phone number, address, payment details and other requested information and pay a minimum amount of £20 per device booked in for repair regardless of the success of any repair order or data recovery.
3.3. Your order will be treated as an offer to purchase the Services. The contract will only be completed when we commence the provision of the Services or when we take payment from you (which includes debiting your payment method and generating invoices), whichever is the earlier.
3.4. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase the Services.
3.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you using your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Services for profit.
4. Price and Payment
4.1. The price of the Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to commencing the Services.
4.2. You shall provide payment prior to us providing the Services unless otherwise agreed by us in writing.
4.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following:
4.3.1. Cancel this agreement between you and us; and/or
4.3.2. Charge you interest (before and after any judgment) on the amount unpaid, at the rate of 6% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
4.4. You confirm that, where you pay by payment card, PayPal or direct debit, the payment method that is being used is yours.
4.5. All payment methods other than cash are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any such failed checks or authorisation.
5. Right of Cancellation
5.1. If you are a private consumer and you ordered the Services via telephone or online, you may cancel your order at any time within 7 working days from the day after placing your order without incurring any liability to us excluding a standard charge of £20 per device booked in with us upon acceptance of these terms and conditions, however, you may not cancel the Services once we have started to provide any part of the Services to you with your agreement this includes but is not limited to taking custody of your device or seeking correct parts to be used as part of the repair order unless agreed by us in writing.
5.2. If you cancel your contract in this manner, we will refund any monies you have paid to us within 30 days of your cancellation excluding a £20 standard charge per device booked in with us.
6. Your Personal Information
6.1. We need to collect certain Personal Information to provide you with the Services. This Personal Information will form part of a record of your dealings with us.
6.2. When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this contact if it is relevant to your record. We will keep Personal Information given to us by you or others during your relationship with us. This includes:
6.2.1. Details you give us on order forms or during communications with you; and
6.2.2. Details we receive from credit reference and fraud detection agencies.
6.3. You agree that we may use and update this centrally held information:
6.3.1. for credit and credit related services and to manage your accounts;
6.3.2. To provide you with other services;
6.3.3. To recover debts;
6.3.4. To prevent and detect fraud;
6.3.5. To update our records about you;
6.3.6. To prevent money laundering; and
6.3.7. To check your identity.
6.4. You agree that, when applicable in relation to the Services ordered, we may use your Personal Information to make a credit check on you before we provide you with the Services. These searches will be recorded by the credit reference agencies. We may disclose information about how you run your accounts to credit reference and fraud prevention agencies. We and other organisations may also use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.
6.5. We may use your Personal Information for research and statistical analysis to develop and improve our products and services. When assessing an application, we may use automated decision-making systems.
6.6. Your Personal Information is confidential and, although we may freely disclose it to other employees within Swift Repair, we will only disclose it outside Swift Repair when:
6.6.1. You give us your consent;
6.6.2. It is needed by certain reputable third parties involved in running accounts and/or providing services for us (for example, credit reference agencies who do credit checks for us or companies that we use in the provision of the Services);
6.6.3. It is needed in order to obtain professional advice;
6.6.4. It is needed to investigate or prevent crime (e.g. to fraud prevention agencies);
6.6.5. The law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or
6.6.6. There is a duty to the public to reveal the Personal Information.
6.7. We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.
6.8. We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.
6.9. Where we process sensitive personal data about you, we will employ appropriate security measures.
6.10. If you would like us to tell you what information we hold about you, please write to: Swift Repair, Office 05, Ards Business Centre, Strangford Park, 19, Jubilee Road, Newtownards, Co Down, BT23 4YH. £20.00 administration fee – please quote your full name and address on each request.
6.11. If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.
C. GENERAL
7. Notices
7.1. You may send us notices under or in connection with these Conditions:
7.1.1. by post to: Swift Repair Office 05, Ards Business Centre, Strangford Park, 19, Jubilee Road, Newtownards, Co Down, BT23 4YH
7.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
8. Limitation of Liability
8.1. The Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
8.2. We shall not be liable where we are unable (using reasonable effort) to provide the Services as a result of any event outside our reasonable control.
8.3. Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption.
8.4. We will not be liable for any loss or damage caused by us in circumstances where:
8.4.1. There is no breach of a legal duty of care owed to you by us; and/or
8.4.2. Such loss or damage is not reasonably foreseeable.
8.5. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
8.6. Nothing in these Conditions shall:
8.6.1. Exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
8.6.2. Limit your rights as a consumer under applicable UK law.
8.7. Each provision of this clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply even after this agreement has been terminated or cancelled.
9. Events Beyond the Parties’ Reasonable Control
9.1. If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
10. Third Parties
10.1. Nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.
11. Assignment
11.1. You may not but we may, assign charge or otherwise dispose of its rights under this agreement. Any attempt by you to do so shall be void.
12. Handling Complaints
12.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:
12.1.1. In writing
12.2. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
13. Call Monitoring
13.1. Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
D. Repairs Services
The terms listed below shall have the following meanings in respect of the Repairs Services:
“Equipment” means the items in relation to which you order the Repairs Services;
“Loan Equipment” means any standby equipment that may, subject to the terms of these Repairs Conditions be provided to you whilst your Equipment is being repaired by us; and
“Repairs Services” mean the Services ordered by you in relation to your Equipment.
14. Provision of the Repairs Services
14.1. The Repairs Services are offered in respect of all Equipment for which we accept your request to conduct the Repairs Services. Occasionally we may have to refer the Equipment to the relevant manufacturer or its nominated repair partner for specialist repair. If this affects our ability to perform the Repairs Services or the cost or time of performance, we shall advise you accordingly.
14.2. We will provide the Repairs Services with due skill and care and we will use reasonable endeavours to repair your Equipment. We can however not guarantee that we will always succeed and when we are unable to repair your Equipment, we will refund you the price paid by you for those particular Repairs Services, if any. Where the Repairs Services have been performed by us under the terms of any insurance policy that you hold with us, please refer to the terms of that policy for details of what happens if we are unable to repair your Equipment.
14.3. Any timeframes given for the completion of the Repairs Services are estimates only and although we will do our best to adhere to such estimated timeframes, we will not be liable for any delays in the completion of the Repairs Services.
15. Restrictions
15.1. We reserve the right to refuse to provide the Service if the Equipment has (without limitation) been subject to dismantling, repairs or modifications not authorised by the manufacturer or any applicable serial or IMEI number has been defaced or removed.
15.2. We shall not be required to provide (or continue to provide) the Service in situations where we discover that your Equipment is, in our reasonable opinion, beyond economical repair or where the state of the Equipment is indicative of the damage having been caused by your act or omission or that of a person authorised by you to use your Equipment (for example, without limitation, in situations where it has been damaged by abuse or your wilful neglect or where it has been damaged by water or other liquid).
15.3. Although we shall do our best to adhere to any estimated time frames for the completion of the Services, please note that any such time frames are estimates only and any delays may incur as a result of matters outside of our reasonable control, for example as a result of shortage of material.
16. Accessories and Data
16.1. Where your Equipment contains a SIM card, memory card or other accessories (together, the “Accessories”), you should keep hold of such Accessories during the provision of the Repairs Service and we cannot be held liable for any damage or loss to such accessories that you have failed to keep hold of.
16.2. You acknowledge that we may have to reset the manufacturer’s factory/default settings for your Equipment in order to carry out the Service. This might delete any data or settings held on your Equipment. Where relevant, and unless you have signed up to any back-up service that may have been made available to you, you must make sure that you back up any important data (including but not limited to any ring tones, music, pictures, logos, contacts, documents, emails, MMS, SMS, games and software) stored on your Equipment prior to the commencement of the Repairs Services as data may be lost during the provision of the Repairs Services and we cannot accept any responsibility for such loss.
16.3. In the case of a mobile phone which has been unlocked for use on all networks, the resetting of the manufacturer’s factory/default settings may result in the mobile phone being returned to a locked status. You hereby agree that you will be responsible for any fees payable to your network operator to subsequently unlock the mobile phone.
17. Loan Equipment
17.1. If you your Equipment is covered by a valid insurance and/or extended warranty policy purchased from or supplied by us and the terms of your policy include the provision of Loan Equipment whilst your Equipment is being repaired by us, we will (subject to the terms of your policy, which may, without limitation, include payment of a refundable deposit) provide you with Loan Equipment until the repair of your Equipment is completed.
17.2. If you don’t hold a policy that provides for the supply of Loan Equipment in accordance with clause 17.1 above, then we may, upon payment of a set fee and a refundable deposit (the amount of which will vary according to the type of Loan Equipment), provide you with Loan Equipment. The provision of Loan Equipment is subject to the type of Equipment that is being repaired, the reasonable practicality of provision of Loan Equipment and current Loan Equipment stock availability.
17.3. Any deposit paid by you for any Loan Equipment will be returned to you in full subject to the Loan Equipment being returned complete (i.e. with all its accessories and packaging) to us on time and in the same condition as it was when given to you.
17.4. Loan Equipment may be of a different make and /or model to your Equipment and may not include the same features, functions and data capability as your Equipment.
17.5. We shall at all times remain the owners of the Loan Equipment and you agree to return it to us in good condition and in full working order within 7 days of you being advised that your repaired Equipment is available for collection.
17.6. If you fail to return the Loan Equipment or if you return it damaged, we shall be entitled to keep your deposit. If the deposit does not cover the full retail value of the Loan Equipment (or if damaged, the full repairs costs), we shall be entitled to either (i) deduct from your payment method the difference between the deposit paid and the retail value/repairs costs (as applicable) of the Loan Equipment, which shall never amount to more than £300 (the “Deposit Deficit”); or (ii) sell all or some of your Equipment to recover that same Deposit Deficit. We may only sell your Equipment after giving you written notice that we intend to do so. If we do sell any of your Equipment and the proceeds of the sale are greater than the Deposit Deficit, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 19.3.
17.7. You will be responsible and liable to us for any theft, loss, breakdown or damage to the Loan Equipment from the time we provide it to you until you return it to us.
17.8. There are times where we may not be able to complete the Repairs Services for you, or where the price or the time scale for completion may vary, for example where the fault with your Equipment is more complex than/different from what was originally diagnosed. If this is the case, we will contact you and discuss matters with you.
18. Payment
18.1. You may be required to pay a non-refundable assessment fee prior to us conducting the Repairs Services.
18.2. If we have not charged you any such assessment fee, we shall be entitled to vary the price quoted to you (even where you have paid for the Repairs Services in advance) where additional/alternative Equipment faults are discovered. Where this happens, we shall contact you to explain the additional/alternative Equipment faults that have been discovered and how much it will cost to repair this fault.
18.3. We shall only proceed with the Repairs Services where you notify us of acceptance of the new price quoted. Where you don’t agree to the new price, no Repairs Services shall be conducted and the Equipment will be returned to you un-repaired.
18.4. If we are required to collect and/or deliver the Equipment to you, there may be an additional charge which you will incur.
18.5. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, including those outlined in clause 4.3 above, we will be able to sell all or some of your Equipment to recover the unpaid amounts. We may only do so after 90 days of non collection or non payment. If we do sell any of your Equipment we are entitled to keep the full cost. This is without prejudice to our rights under clauses 17.6 and 19.3.
19. Your Equipment
19.1. If you send the Equipment to us, you are responsible for ensuring that it arrives safely. We will not be responsible for any loss or damage suffered to the Equipment in transit to us. We therefore recommend that you send the Equipment by recorded delivery and adequately packaged to avoid damage to it. If you send the Equipment to us you must also include full written details of the problem with the Equipment.
19.2. You agree to collect the Equipment when requested to do so in a timely manner;
19.3. If you do not collect (or arrange for delivery, where applicable) your repaired Equipment within 60 days of us notifying you that it is ready for collection, we may sell your Equipment. We may only do so after giving you written notice that we intend to do so. If we do sell any of your Equipment, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 18.5.
20. Warranties and Limitation of Liability
20.1. We warrant that all repairs undertaken by us will be free of defects in materials and workmanship for a period of 90 days starting on the date of return of the Equipment to you after completion of the Repairs Services, such warranty to be void if any warranty seals placed on the Equipment by us following the Repairs Service are broken or defaced. This warranty does not apply in relation to repairs to your Equipment carried out under the manufacturer’s warranty (in which case the manufacturer’s terms and conditions as set out in the documentation supplied with your Equipment at the time of its purchase will apply), nor does it apply to damage resulting from normal wear, accident, abnormal use, misuse, abuse, wilful neglect or exposure to water or other liquid. This warranty also remains subject to the terms outlined in clauses 8 and 20.2 to these Conditions. Materials and workmanship covered by this warranty will be repaired at no charge if they are returned to us in accordance with these terms. Where you are acting as a consumer, this warranty is in addition to your statutory rights and those rights remain unaffected.
20.2. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions provided during or after completion of the Repairs Services. Where we have executed repairs to your Equipment and/or any software held on your Equipment in respect of damage caused by viruses, worms, spyware, adware or Trojan Horses, we shall not be held responsible for the recurrence of the damage if you fail to follow our advice in respect of anti-virus installation.
20.3. The provisions of this clause 20 are in addition and without prejudice to the provisions of clause 8 above.
21 Indemnity Clause
21.1 You agree to indemnify Swift Repair against any loss resulting from a Delay of payment.
21.2 You agree to indemnify Swift Repair against any loss resulting from illegal data being recovered.
21.3 You agree to indemnify Swift Repair against any damages to any equipment caused by you.
