MEMBERS TERMS & CONDITIONS



CONTENTS

1. Terms

2. Registered Users

3. Our Status

4. Utilisation of the Site

5. Requirements for Quotation

6. Limitations on Sharing Contact Points of Interest

7. Rules for Repair Centres

8. Rules for Customers

9. Cancellation

10. Working Together

11. Liability

12. Release

13. Privacy and Cookie

14. No Agency

15. Legal Notice

16. Third Party Rights

17. Dispute

18. Additional Terms

19. Entire Agreement

20. Policy Updated Date  

 
1. Terms


1.1 This website is owned and operated by Fast Services Network LTD trading as FastMend. Visitors are required to accept the following terms and conditions in return for the information given to them on this website.


1.2 You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. The contents of the website do not constitute advice and should not be relied upon in making or refraining from making, any decision.


1.3 These Terms and Conditions are applicable to all users who register themselves with our site, either as customers or repair centers. If you have any question or require any additional help then please email support@fastmend.com.


1.4 By registering on our site in accordance with clause 4.1 below, you indicate that you accept these Member Terms and Conditions and that you agree to abide by them. If you do not agree, then please refrain from becoming a Registered User.


1.5 These Members Terms and Conditions together with Website Terms of Use, Privacy Policy and Cookie Policy form our “User Agreement” and should all be read in conjunction with each other.  The User Agreement applies whenever you use this website or any other services or products provided by Fast Services Network Limited.


1.6 If you are a registered member of FastMend, you indicate that you accept Members Terms and Conditions and that you agree to abide by them. 


2. Registered Users


2.1 Access to certain areas of our website may be restricted to registered users.


2.2 You must be at least 18 years of age to become a registered user. By applying to become a registered user, you warrant that you are at least 18 years of age.


2.3 In order to become a registered user, you must follow the process as laid out on the FastMend website.


2.4 You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.


2.5 You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches these terms.


2.6 Registered users will have access to features on our website as we may from time to time determine in our sole discretion.


2.7 We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.


3. Our Status

 

3.1. FastMend does not give any repair administrations or lead era at all. Nor do we promise or guarantee a volume of business for Repair Centres or the execution of repair or administration shrinks by either Repair Centres or Customers. Our part is just to provide a facility where Customers and Repair Centres can locate each other.


3.2. It is the part of Customers and Repair Centres, individually, to choose each other on the premise of the administrations required and the legally binding terms and rates offered by each of the parties. We don't do checking of any Registered Users and along these lines don't give any certifications with regards to the capacity of a party to perform its commitments under a repair or administration contract.


3.3. If it's not too much trouble take note of that, with respect to any exchange made between Users, the subsequent legitimate contract is between those parties, and is liable to the terms and states of that Repair Centre or different terms as concurred between the Parties. Parties ought to survey any terms and conditions applying to the exchange.


4. Utilisation of the Site

 
4.1. A Customer goes into an agreement with us and turns into an 'Enlisted User' by presenting a solicitation for a citation according to the procedure set out in condition 4.2. A Repair Centre goes into an agreement and turns into an 'Enrolled User' by enlisting for an administration supplier account.


4.2. The site operates as follows:


4.2.1 The Customer starts the quote process by clicking on the “Request a Quote” button which starts our three step form process.


4.2.2 STEP 1 (Device Details) – Customer is asked to provide make, model, colour and fault description of the faulty device.


4.2.3 STEP 2 (Contact Details) – Customer is asked to provide their contact details; full name, telephone, email and post code. Post Code is only used for identifying the geographic area of the Customer.


4.2.4 STEP 3 (Select and Submit) – FastMend will suggest approved and qualified technicians within Customer’s local area. Customer selects technicians of their choice and submits for a free no obligation repair quote from their chosen technicians.


4.2.5 Once the Customer clicks on 'Submit” button, the following actions takes place:


4.2.5.1 A conformation email is sent directly to the Customer by FastMend containing contact details of all their chosen repair Centres.


4.2.5.2 An email is also sent to all Customers chosen repair Centres by FastMend containing all the details provided by the Customer in STEP1 and STEP2 mentioned above in section 4.2. This gives a chance to the repair Centre to offer its administrations all alone terms ('the Quote') in light of the Quotation Request.


4.2.6 As this site is just a mere facility for Customers to get quotes from repair Centres, the Quotes don't turn out to be legitimately restricting contracts, even once acknowledged by a Customer.


4.3. Citation Requests and Quotes (together Submissions) might be directed. It will be at our attentiveness to figure out if or not a Submission falls inside our Content Standards.


4.4. We can't promise how rapidly Submissions will be sent to the beneficiary.


4.5. We are under no commitment to you or whatever other individual to manage, screen or direct the site or some other administration we give on the site. We maintain whatever authority is needed to expel, or to debilitate access to, any accommodation which ruptures the Content Standards.


4.6. Entries may not identify with the repair of any device (gadgets) whose utilisation is denied by law.


4.7. Full obligation regarding consistence with any laws and controls in connection to the repair of the device (gadget) lies with the Customer and the repair Centre.


5. Requirements for Quotation Request 


5.1 Every Quotation Request must contain:-


5.1.1 Device make, model, colour and fault description of the faulty device


5.1.2 Customer’s full name, phone number, email address and post code. Post Code is only used for identifying the geographic area of the Customer.


5.2 Clients explicitly concur and recognise that where a Quotation Request is lacking in that it doesn't contain a few or every one of this data, then this influence the nature of the reaction from the repair Centre(s) assigned by the Customer.


6. Limitations on Sharing Contact Points of Interest 

 
6.1 Enlisted Users are not allowed to incorporate contact data with the end goal of requesting deals outside the site, however once a Quote has been acknowledged by a Customer, then repair Centres are required by the Electronic Commerce (EC Directive) Regulations 2002 to show their contact points of interest, including the geographic location at which their business is set up.


7. Rules for Repair Centres 

 
7.1. CURRENTLY OUR SERVICES ARE 100% FREE and you will not be charged for anything. Our Terms and Conditions may change in the future and we may introduce a monthly fee for our service. We will inform all our registered members of this change in advance. No payments or charges will apply automatically to any members using our service. Charges will only apply once we have informed the registered members and they have accept to continue to use our service for a monthly fee.  


7.2. Guidelines for Repair Centres 


7.2.1 While utilising FastMend locales, administrations, applications and devices, we compassionate ask that repair Centres stick to the accompanying states of utilisation, so that our administration can help everybody:


7.2.1.1 We depend on your great confidence in your dealings with our Customers;


7.2.1.2 We anticipate that you will respect citations given through this site;


7.2.1.3 Try not to partake in FastMend unless you can skilfully give computer and mobile device (gadgets) repair benefits direct to Customers;


7.2.1.4 If it's not too much trouble just post precise substance;


7.2.1.5 If you don't mind forgo doing anything that may be unfavourable to the notoriety of FastMend or generally unsafe to FastMend or its Customers.


7.3. Repair Centre Content and Policies.


7.3.1 We offer repair Centres / Technicians the facilities to add and alter every once in a while by means of their online Control Panel a point by point administration profile page, incorporating into profundity administration data, certifications, and so on… which then show up on the Website and in the indexed lists of Customers. While furnishing us with substance or posting content on FastMend 's locales, administrations, applications or devices, you allow us the privilege to practice any copyright, attention, trademarks, database rights and protected innovation rights you have in the substance, in any media known now or later on. Moreover, you waive all ethical rights you have in the substance without bounds degree allowed by law.


7.3.2 For the convenience of repair Centres, we may offer stock images, descriptions and service specifications, which are provided by third-parties. You may use this content solely in connection with your FastMend listings during the time your services are listed on FastMend’s sites, though we cannot promise that the content will always be accurate and up-to-date, and you agree that you will not hold our content providers or us responsible for inaccuracies in the content.


7.3.3 All repair Centres are encouraged to guarantee that Customers are acquainted with the terms and states of their repair Centre. These conditions may incorporate, for instance, guarantees, returns, and instalment strategies. Repair Centres must make sensible arrangements in accordance with some basic honesty and must keep such approaches. All repair Centres must agree to FastMend far reaching strategies, while repair Centres are in charge of implementing their own particular sensible arrangements. FastMend maintains whatever authority is needed to demand that a repair Centre adjust an arrangement.


7.4. Service Standards.


7.4.1 By taking an interest on FastMend's site(s), you consent to give a top notch administration to every single Customer who books a repair with you through FastMend, and you consent to accept full obligation regarding the procurement of the repair administration.


7.4.2 Clients are requested definite input on repair Centres and we consider that criticism important. FastMend maintains all authority to post such criticism anyplace on the Website (counting, without confinement, in your profile) in whatever structure and utilising whatever substance (in its supreme attentiveness) is viewed as vital AND to suspend or cross out your record whenever for any reason.


7.4.3 Repair Centres must:


7.4.3.1 Answer to every Quotation Request inside 24 hours;


7.4.3.2 Honour an exchange contract framed with a Customer;


7.4.3.3 Give the administrations to which payment was acknowledged; and


7.4.3.4 Incorporate all duties, including VAT, and expenses payable by the Customer for the repair administrations in any Quote.


7.4.4 Repair Centres must not:


7.4.4.1 Offered against their own Quote, or have partners, or representatives do as such;


7.4.4.2 Essentially distort their administrations by not meeting the terms and administrations depiction laid out in the Quote.


7.5. Term and Termination


7.5.1. The Agreement shall come into force on payment of the subscription fee specified in clause 7.1.1 above (or the first instalment thereof) and shall continue for term of twelve (12) months from that date ('the Initial Term'), and shall be renewed on each anniversary of the Initial Term unless either party shall serve written notice on the other to expire on the next anniversary date.


7.5.2. Despite provision 7.5.1 above, either Party may instantly end the Agreement by giving composed notification to the next Party if one of the accompanying characterised occasions or circumstances emerge:-


7.5.2.1. Any entirety attributable to that Party by the other Party under any of the procurements of the Agreement is not paid inside fourteen (5) Business Days of the due date for instalment;


7.5.2.2. The other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within ten (10) Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;


7.5.2.3. An encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;


7.5.2.4. The other Party makes any intentional game plan with its leasers or, being an organisation, gets to be liable to an organisation request (inside the significance of the Insolvency Act 1986);


7.5.2.5. The other Party, being an individual or firm, has an insolvency request made against it or, being an organisation, goes into liquidation (with the exception of the reasons for true blue amalgamation or re-development and in such a way, to the point that the organization coming about there from viably consents to be bound by or accept the commitments forced on that other Party under the Agreement);


7.5.2.6. Anything undifferentiated from any of the previous under the law of any locale happens in connection to the next Party;


7.5.2.7. The other Party stops, or undermines to stop, to bear on business; or


7.5.2.8. Control of the other Party is gained by any individual or associated persons not having control of that other Party on the date of the Agreement. For the motivations behind this provision, "control" and "associated persons" might have the implications credited thereto by Sections 1124 and 1122 separately of the Corporation Tax Act 2010.


7.5.3. For the purposes of sub-clause 7.5.2.2. Above, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.


7.5.4. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.


7.6. Impacts of Termination


Upon the end of the Agreement for any reason:


7.6.1. Any whole owing by either Party to the next under any of the procurements of the Agreement should turn out to be instantly due and payable;


7.6.2. All provisions which, either explicitly or by their tendency, identifies with the period after the expiry or end of the Agreement might stay in full drive and impact;


7.6.3. end should not influence or bias any privilege to harms or other cure which the ending Party may have in admiration of the occasion offering ascend to the end or some other right to harms or other cure which any Party may have in appreciation of any rupture of the Agreement which existed at or before the date of end;


7.6.4. subject as gave in this proviso 7.6 and somewhere else in the Agreement and with the exception of in appreciation of any gathered rights neither one of the parties should be under any further commitment to the next; and


7.6.5. every Party should (but to the degree required to uphold the proceeding with rights and commitments alluded to in sub-provision 7.6.4 above) quickly stop to utilise, either straightforwardly or in a roundabout way, any Confidential Information, and might promptly come back to the next Party any reports in its ownership or control which contain or record any Confidential Information.


8. Rules for Customers

 
8.1 Utilising FastMend is simple. When you need your computer or mobile device repaired, you should simply scan on our site for repair Centres neighbourhood to you, ask for a quote and after that choose the repair Centre that you might want to use.  We do request that all Customers hold fast to the accompanying rules:


8.1.1 Repair Centres attempt to give exact (estimate) and straightforward quotes, yet please 'help them to help you' by giving full description of your device and a detailed fault / damage description.


8.1.2 Please maintain the repair Centre’s terms of business;


8.1.3 If it's not too much trouble pay the repair Centre immediately after a successful repair is completed;


8.1.4 If you don't mind keep your meeting with the Repair Centre;


8.1.5 When you can't keep an arrangement, please advise the repair Centre so that another arrangement can be made.


8.1.6 You pay the repair Centre direct to repair your computer or mobile device. You pay us nothing. In any case, we may change our charge structure every now and then, yet we will tell you ahead of time of any arranged changes.


8.2 Clients must not:


8.2.1 Present their own particular Quotes to lessening Quotes made by repair Centres. Clients submitting cites for the procurement of administrations must be entirely autonomous from the Customer of those administrations.


8.2.2 Neither Customers nor repair Centres may meddle with an exchange or offer to purchase or supply repair because of a Quotation Request outside of the site.


9. Cancelation

 
9.1 Repair contracts are shaped amongst Customers and repair Centres so the transaction and understanding of any cancellation and its results are matters for them.


9.2 It's important to note that due to the nature of our services, which is the provision of a booking facility only, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the booking services has commenced. We also cannot refund your booking fee under any circumstances.


10. Working Together


10.1 FastMend endeavor to keep our site working appropriately and securely. It would be ideal if you report issues, hostile substance and strategy ruptures to us and we will make a move. We may also restrict your services from time-to-time if we believe this to be in the best interests of the community.


11. Liability


11.1 We attempt to keep FastMend and its sites, applications and instruments protected, secure, and working appropriately. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.


11.2 You are solely responsible for any damages to your hardware device(s) or loss of data that results from the use of any FastMend application. Notification functionality in FastMend applications may not occur in real time. Such functionality is subject to delays beyond FastMend’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.


11.3 Any Authorised User, and guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.


11.4 The user agrees to indemnify and keep indemnified, from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised User or guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.


11.5 The user agrees to indemnify and keep indemnified, in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.


11.6 We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising.


11.7 You acknowledge that we are booking service only. At no point do we provide repair services ourselves. We do not review repair Centre listings or content and are not involved in the actual transaction or service between the repair Centre and the Customer. We have no control over and do not guarantee the existence, quality, safety or legality of the services advertised, the truth or accuracy of content posted by repair Centres or users on our sites, the ability of repair Centres to repair computers or mobile devices, the ability of Customers to pay for repairs, or that a repair Centre or Customer will actually complete a transaction or that a repair Centre will return the computer or mobile device to a Customer, as the case may be, AND repair Centres and Customers expressly acknowledge and agree that FastMend is not responsible in any way for any losses or damages resultant from any material breach or failure of any repair or service contract on the part of repair Centres or Customers.


11.8 Regardless of the previous paragraphs, if we are found to be liable, In no event shall the total liability of FastMend to you for all damages, losses and causes of action, (weather in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of your use of this “Site” exceed, in the agreement, £100.00.


11.9 Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.


12. Release


12.1 So far as permitted by law the user , any Authorised repair Centre, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.


13. Privacy and Cookies


13.1 Information we gather/collect is used as described in the FastMend Privacy Policy and Cookie Policy.


14. No Agency


14.1 This User Agreement does not intend or create any agency, partnership, joint venture, and employee/employer or franchiser/ franchisee relationship.


15. Legal Notices


15.1 All legal notices will be sent to you by email to the email address that you have provided during the registration process on fatmend.com. You will be deemed to have received a notice at the time that the email is sent. It is your responsibility to keep your emails address information up to date.


15.2 Alternatively, we may give you legal notice by registered mail to the address provided during the registration process.


15.3 Except as explicitly stated otherwise, legal notices shall be served by registered mail to Fast Service Network Limited, 10 Townsend Place, Kingswinford, DY6 9JL, United Kingdom.


15. 4 Notices sent to either party by registered mail shall be deemed to have been received by that party three (3) days after the date of mailing.


16. Third Party Rights


16.1 A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to uphold any term of this User Agreement yet this doesn't influence any privilege or cure of an outsider indicated in this User Agreement or which exists or is accessible separated from that Act.


17. Dispute


17.1 If any dispute or difference whatsoever shall arise between the parties (You and FastMend) in connection with or arising out of the Contract the parties shall first seek to resolve the matter between themselves within a period of 14 days. The Managing Director or equivalent Person of both parties shall be the nominated officer responsible for seeking resolution to the dispute. If agreement is not reached either


17.2 If agreement is not reached either party may give the other 7 days’ notice to resolve the dispute or difference through Alternative Dispute Resolution (ADR) in accordance with the mediation procedure of the Centre for Effective Dispute Resolution (CEDR).


17.3 Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of United Kingdom. You and FastMend both agree to submit to the exclusive jurisdiction of the English Courts.


18. Additional Terms.


18.1 You consent to maintain all policies posted on our site. The accompanying policies are a piece of this User Agreement and give extra terms and conditions identified with particular administrations offered on our destinations. We anticipate that you will read the majority of the connected archives painstakingly:


18.1.1 Website Terms of Use, Privacy Policy and Cookie Policy


18.2 Fast Services Network Limited has the discretion to update this policy at any time. When we do, revise the updated date at the bottom of this page. We may amend this Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted. We encourage Users to frequently check this page when using particular FastMend services, applications or tools on our sites; you are subject to any posted policies or rules applicable to the services, applications or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.


19. Entire Agreement


19.1 These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the FastMend Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with FastMend for the FastMend Service or for any other FastMend product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with FastMend, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.


19.2 These terms and conditions constitute the entire agreement between the parties. Neither party has relied upon any statement or representation made by the other in agreeing to enter this contract. 


If you have any questions about this User Agreement, please Contact us. 


20. Policy Updated Date


Posted: 17 May 2016
Previous Version: None
Effective for new and current users immediately, supersedes all previous versions.



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 10 Townsend Place, Kingswinford DY6 9JL

 

03330 119 334