MPN COMPUTER SERVICES

PAY AS YOU GO TELEPHONE SUPPORT

CREDIT CARD OR LASER TELEPHONE SUPPORT

And Remote Access Support

TERMS AND CONDITIONS

1. In consideration of the Customer paying to MPN such fees as may be charged by MPN at its prevailing rates from time to time (and which fees are set out in the Schedule to this document) MPN agrees to use its best endeavours to;

A. Answer all queries about computer hardware and software.

B. Assist with the operation and use of computer hardware and software.

C. Advise on the rectification of operator errors in the use of computers.

D. Advise in all Software or Hardware issues which arise in relation to the use of computers.

E. Assist in the rectification and removal of all defects or faults in computers, which arise from inherent defect or operator error.

F. Advise in relation to additional hardware or software requirements.

2. Support will in the normal course not be available after

or before normal business hours, at weekends, on bank holidays or public holidays or in the days between Christmas Eve and 2^nd January in any year.

3. The Fees referred to in this Agreement and charged by MPN are in respect of the professional advice and time given or applied by MPN only. No computer hardware, or computer software or materials or other outlays or expenses our outgoings are included in these fees.

5. MPN only supports computers, which are running on a Windows operating system.

6. It is a condition of this contract that immediately prior to the Customer availing of the services of MPN on each occasion the Customer will, for its own protection, make a backup copy of all data files.

7. It is agreed however that neither party will be liable to the other for;

a. Loss or damage caused by any computer virus

b. The loss of or dissemination of any information or data of the other party.

c. Any loss or damage howsoever caused by either party or any of its employees or agents in performing or attempting to perform this agreement.

d. Any loss of business, loss of revenue, loss of time, delay, inconvenience or any consequential loss or damage whatsoever or howsoever arising (save that this clause shall not extend to absolve the Customer from the obligation to pay to MPN any fees or money payable or due under this or any other contract).

8. Given the nature and limitations of computer hardware and software, it will not always be possible to provide the solution or answer or remedy to a problem of the Customer without the purchase of additional hardware or software. In such event, MPN will advise as to the best apparent solution to the problem or query posed and if possible will quote for the solution or answer or remedy or purchase advised. In such cases, the solution, answer, remedy or purchase shall be the subject matter of a separate contract and at a separate price.

9. It is expressly understood and agreed by the Customer that due to the nature and limitations of computers, the wide variations in computer programs and software applications and the conditions under which computers are used, MPN will not be able to answer or to rectify or repair or solve all issues pertaining to the Customer’s computer or to retrieve lost or damaged data or information and will not be able to rectify or solve all problems within any particular time scale or at all. In such cases, MPN shall use its best endeavours, and thereupon the liability of MPN under this agreement shall be ended.

10.The Customer is advised and acknowledges, understands and agrees that it is the responsibility of the Customer to obtain insurance to cover any possible loss, deletion, alteration or corruption or other defect in the Customer's computer hardware and software, data and information and it is expressly understood and agreed that it shall be the responsibility of the Customer to at all times keep up to date backup copies of all current data.

11.In the event that either party is unable to perform any obligation hereunder due to any circumstances beyond its reasonable control, including the action, intervention, or decree of any Government, Act of God, illness, strike, industrial action or power disruption, such party shall give prompt notice thereof to the other party and shall have no liability for any loss, damage, injury or expense (whether direct or consequential) suffered by the other party due to the affected performance of its obligations. Such party shall use reasonable efforts to avoid or overcome the cause affecting performance and shall fulfill all outstanding obligations as soon as it becomes reasonably practical to do so.

12.In the normal course all charges of MPN will be levied by means of credit card payment or Laser card payment at the time of service, or by means of a charge to the Customer’s telephone bill.

15.No service shall be provided by MPN at any time when any fee due to MPN or any part thereof is due but unpaid.

16.This agreement may not be amended or varied in any way other than by written agreement signed by MPN.

17.MPN Computer Services is a registered trading name of Monica Nugent and Patrick Nugent, of ‘Montevideo’, Doonan, Donegal Town, County Donegal, Ireland and who is in this agreement referred to as “MPN”.

18.This agreement shall be deemed to be entered into at the office of MPN at ‘Montevideo’, Doonan, Donegal Town, County Donegal, Ireland.

19.This agreement will be governed by the Laws of the Republic of Ireland.

20.In this contract the terms “the Customer” means any person who contacts MPN by means of either MPN’s Pay-As-You-Go Premium Rate telephone number, MPN’s Laser or Credit Card Telephone Advice service or MPN’s Remote Access Support Service.

SCHEDULE OF FEES

A. Credit Card or Laser Card charges, €1.75 per minute or part thereof. (Minimum charge €10.00).

B. Pay-as-you-Go, €1.75 per minute or part thereof charged to your telephone bill. (No minimum charge.)

C. Remote Access Support, €50.00 per hour or part of.