Terms of service

1. About these terms

These terms explain how Uptime York assessments and technology services are agreed and delivered.

They apply alongside the written scope, estimate, quote, approval and any job-specific instructions agreed with you. Nothing in these terms removes rights that the law gives to consumers.

A person acting wholly or mainly outside their trade, business, craft or profession is referred to as a consumer. Other customers are referred to as business customers. Sections that specifically mention consumer rights apply only where the law gives those rights.

2. Who Uptime York is

Uptime York is a trading name of Alistair MacLeod, a sole trader.

The address is a correspondence and legal contact address. Uptime York is appointment-only and is not a walk-in shop.

3. Enquiries and forming a contract

Sending an enquiry does not by itself create a contract or require Uptime York to accept the work.

A contract is normally formed when:

1. Uptime York provides or confirms a written scope, estimate, quote or instruction;
2. you give written approval, for example by email or WhatsApp; and
3. Uptime York confirms that the work is accepted or begins the approved work.

The agreement consists of these terms, the approved scope or quote and any other clearly agreed written job-specific terms.

If a clearly agreed job-specific term conflicts with these general terms, the job-specific term normally takes priority for that job, except where the law does not allow it.

Uptime York may decline work that is unsafe, unlawful, outside the published scope, technically impractical, dependent on unavailable parts or poor value for the customer.

4. Assessments

A £50 assessment may be required where the cause, condition or sensible route is not yet clear.

The assessment is intended to establish the likely problem and practical options. It does not guarantee that a repair, recovery or other solution will be possible.

The assessment fee is included in approved final work. It is generally payable if you decide not to proceed after the assessment or if no practical route is available through Uptime York.

No substantive paid repair, recovery, upgrade, installation or other work begins without written approval.

5. Prices, estimates and additional work

Prices shown on the website are starting prices unless clearly stated otherwise. The final price may depend on the device, condition, access, parts, storage, data volume, travel, specialist work and complexity.

Where appropriate, Uptime York will provide a written estimate or quote before substantive work begins.

If additional faults, parts, risks or costs appear during the job, Uptime York will pause and request written approval before materially widening the work or increasing the agreed charge.

Minor changes that do not affect the price, material risk or intended outcome may be made without a new approval.

6. Consumer cancellation rights

This section applies only where a consumer has a legal right to cancel a distance or off-premises contract, for example certain contracts agreed online, by email, by WhatsApp or at the consumer's home.

Where the right applies, you normally have 14 days from the day after the contract is made to cancel without giving a reason.

You can cancel by emailing contact@uptimeyork.co.uk, writing to the address above or making any other clear statement that you wish to cancel. You may use the model cancellation form at the end of these terms, but you do not have to use it.

Any statutory exception or different rule will continue to apply, including where the contract is for genuinely urgent repairs or maintenance requested by you.

7. Starting work during the cancellation period

Uptime York will normally wait until any applicable 14-day cancellation period has ended before starting the service.

You may expressly request in writing that work starts sooner. If you then cancel while the work is in progress, you may have to pay a proportionate amount for the service properly supplied up to cancellation and for authorised costs that the law allows Uptime York to recover.

If the service is fully completed during the cancellation period, your cancellation right may end only where you expressly requested the early start and acknowledged in advance that the right would be lost once the service had been fully performed.

A request to start early does not remove your other statutory rights if the service is not carried out with reasonable care and skill or does not match what was agreed.

8. Appointments, visits and access

Workshop visits are by appointment. The service address is supplied after the job has been discussed where appropriate.

Collection, return and on-site work may be agreed depending on location, equipment and the nature of the job. Travel, access, parking and any charge will be agreed where relevant.

For an on-site visit, you must provide safe and reasonable access to the relevant property, equipment, power and network. Uptime York may stop or rearrange work where conditions are unsafe, access is not available or the work differs materially from what was described.

9. Parts, storage devices, software and specialist services

Parts, destination storage, software licences and specialist services require approval before Uptime York orders or commits to them.

Uptime York may request a reasonable deposit or prepayment before ordering parts or accepting a non-recoverable third-party cost.

Supplier availability and delivery dates may change. Uptime York will keep you informed where this materially affects the job.

If authorised work is cancelled, you will be charged only for work already completed and reasonable, genuinely incurred costs that cannot be recovered. Any supplier credit or refund actually obtained for you will be passed back, less any lawful and clearly explained cost.

Replaced parts will be returned where practical if requested before completion, unless they must be returned to a supplier, are subject to an exchange arrangement, are unsafe to return or must be handled under legal or disposal requirements.

Supplier, manufacturer and software-provider terms may also apply. These do not remove applicable statutory rights.

10. Your responsibilities

You must:

• own the equipment or have authority from the owner to request the work;
• provide accurate information about faults, damage, previous repair attempts and relevant changes;
• not ask Uptime York to access equipment, accounts or information unlawfully;
• disclose especially sensitive, confidential or regulated data before handover where reasonably possible;
• provide lawful licences, credentials, recovery information and access separately where needed;
• back up accessible data before work where reasonably possible;
• remove unrelated accessories unless they are needed for testing;
• collect equipment when notified.

These responsibilities do not remove Uptime York's duty to use reasonable care and skill.

11. Customer equipment, accounts and data

Technology work can involve an inherent risk of data loss, especially where equipment or storage is already failing, damaged, encrypted, infected or unstable.

Uptime York will take reasonable care and limit access to what is reasonably needed for the agreed work. Uptime York does not deliberately inspect unrelated files or communications.

Do not send passwords in the initial enquiry. Where credentials are necessary, they will be requested separately. Uptime York will not bypass encryption, provider identity checks or account-security controls.

You remain responsible for maintaining suitable backups where reasonably possible. However, Uptime York remains responsible for loss or damage caused by a failure to use reasonable care and skill and does not exclude responsibility merely because equipment was handed over.

Personal information is handled under the Uptime York Privacy Notice.

12. Data recovery

Data recovery is uncertain and cannot be guaranteed.

Feasibility and results may be affected by continued use, overwriting, encryption, physical damage, device age, previous repair attempts and the condition of storage media.

Standard Uptime York work covers logical recovery and controlled imaging within the published scope. It does not include opened-drive clean-room recovery or formal forensic investigation.

If specialist laboratory work may be suitable, the referral, likely cost and transfer arrangements require separate approval.

Recovered data will be supplied on agreed destination storage. A file that can be copied is not necessarily complete, current or usable. You should inspect important recovered files promptly and tell Uptime York without unreasonable delay if an agreed deliverable appears to be missing or unreadable.

Uptime York will not erase, dispose of or repurpose the original source device without separate authority, except where legal or safety obligations require otherwise and you are informed where possible.

No recovery percentage, completeness or future reliability is guaranteed.

13. Completion, payment and release

Uptime York will explain the outcome, agreed limitations and any recommended next steps when the work is complete.

Payment is accepted by bank transfer or card. An invoice or receipt will be supplied. No surcharge is added merely because you pay by card.

Unless another arrangement is agreed in writing, authorised charges are payable before equipment, destination storage or supplied goods are collected, returned or released.

If you dispute a charge, contact contact@uptimeyork.co.uk promptly. A genuine dispute will be reviewed through the complaints process and does not cause equipment to become Uptime York's property automatically.

14. Uncollected equipment

Please collect equipment promptly after being told it is ready.

If equipment remains uncollected, Uptime York will make reasonable attempts to contact you. If non-collection continues, Uptime York may send a formal written notice requiring collection and payment by a stated deadline.

The formal notice will normally allow at least 30 further days. Uptime York will normally take no sale or disposal action earlier than 90 days after the equipment was first ready for collection.

If the equipment is still not collected after the required notice and deadline, Uptime York may use any lawful right to sell or dispose of it. Equipment does not automatically become Uptime York's property.

Where equipment is lawfully sold, Uptime York may deduct unpaid authorised charges and reasonable sale or storage costs, and will account to you for any remaining net proceeds. Storage fees apply only where they were clearly notified and are reasonable.

Nothing in this section prevents either side from using another lawful remedy.

15. Workmanship guarantee

Uptime York provides a 90-day workmanship guarantee. The 90-day period begins when equipment is collected or returned, or when on-site work is completed.

The guarantee covers a fault caused by Uptime York's workmanship. Please report a suspected workmanship issue promptly and allow Uptime York a reasonable opportunity to inspect it.

Where the guarantee applies, Uptime York will, as appropriate, correct or repeat the affected work without charging again for the qualifying workmanship.

The guarantee does not cover:

• unrelated or later-developing faults;
• accidental damage, misuse or unsuitable conditions;
• changes made by the customer or another provider after handover;
• new malware, account compromise or customer-installed software;
• ordinary wear;
• manufacturer, supplier, software or third-party failures not caused by Uptime York's workmanship;
• data loss from a cause unrelated to the guaranteed work.

Parts remain subject to applicable statutory rights and any supplier or manufacturer warranty.

This guarantee is additional to your statutory rights and is not your only remedy.

16. Ending or suspending the work

You may ask Uptime York to stop work at any time. You remain responsible for authorised work already completed and reasonable non-recoverable costs, subject to any consumer cancellation rights.

Uptime York may suspend or end work where:

• continuing would be unsafe or unlawful;
• required access, information, approval or payment is not provided;
• the equipment or job differs materially from what was described;
• abusive, threatening or dishonest behaviour occurs;
• necessary parts or specialist services are unavailable;
• the work is technically impractical or outside scope.

Where you are not at fault, Uptime York will refund any unused prepayment and return the equipment where practical. Uptime York will explain the reason and any amount properly due.

17. Complaints

For a service or payment complaint, email contact@uptimeyork.co.uk or write to the address above with the job details and the outcome you are seeking.

Uptime York will review the complaint, may ask for further information or inspection, and will aim to resolve it fairly and without unnecessary delay.

Data-protection complaints are handled under the separate process in the Privacy Notice.

Uptime York does not claim membership of an ombudsman or alternative-dispute-resolution scheme unless that is separately confirmed in writing.

18. Responsibility when something goes wrong

Uptime York is responsible for foreseeable loss or damage caused by a breach of the contract or failure to use reasonable care and skill.

Uptime York is not responsible, to the extent the law permits, for loss or damage that:

• was not caused by Uptime York;
• was not reasonably foreseeable when the contract was agreed;
• arose because important information, damage or access restrictions were not disclosed;
• resulted from following your instruction after Uptime York explained a material risk;
• resulted from an inherent failure or pre-existing condition that reasonable care could not prevent.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, faulty goods supplied by Uptime York, or failure to provide services with reasonable care and skill.

Nothing in these terms removes a consumer's statutory rights.

For a business customer, Uptime York is not responsible for indirect or consequential business loss, loss of profit, revenue or business opportunity unless the law does not permit that exclusion. This does not affect responsibility for direct loss caused by a failure to use reasonable care and skill.

19. Events outside reasonable control

Uptime York is not responsible for delay caused by events genuinely outside reasonable control, such as supplier failure, transport disruption, power or network failure, serious illness, extreme weather or a third-party service outage.

Uptime York will take reasonable steps to reduce the effect, keep you informed and resume work where practical. If a substantial delay makes completion unreasonable, either side may end the affected work and authorised work and costs already incurred will be dealt with fairly.

20. Changes to these terms

The version in force when the contract is formed normally applies to that job.

Uptime York may update these website terms for future contracts. A change will not retrospectively alter an existing agreed job unless both sides agree or the change is required by law.

21. Governing law

These terms are governed by the law of England and Wales.

The courts of England and Wales will normally have jurisdiction. A consumer living elsewhere in the United Kingdom retains any mandatory right to bring proceedings in the part of the UK where they live.

22. Model cancellation form

Complete and return this form only if you wish to cancel a contract. You may instead send any other clear cancellation statement.

To

Uptime York, Alistair MacLeod
3 St Pauls Court
Holgate
York
YO26 4TP
United Kingdom
contact@uptimeyork.co.uk

I/We give notice that I/We cancel my/our contract for the following service

[describe the service]

Ordered or agreed on

[date]

Customer name

[name]

Customer address

[address]

Customer signature, only if this form is sent on paper

[signature]

Date

[date]