PC Power Down, Energy Saving

Reducing wasted elctricity and consequential carbon (CO2) emissions

30 Day 'No Quibble' money back guarantee

If you buy PC Power Down and, for whatever reason within the first 30 days, you are not completely satisfied, we will refund the price you paid for our software.

School Saves £14,000

West Hatch High School has demonstrated £14,000 per annum for an investment of just £1,000 a year. read more...

Enterprise Edition

PC Power Down Enterprise Grade Energy Saving Software

Terms and Conditions

PC Power Down is made available to you by PC Power Down Limited and its appointed accredited resellers (hereinafter referred to as we or us), with its registered offices at 1st Floor Woodgate, Studios, 2-8 Games Road, Cockfosters, Barnet, Herts. EN4 9HN. This page contains the terms and conditions for all our products - these include a consumer version which we call PC Power Down Home Edition and a business version which we call, PC Power Down Network Edition (collectively these products are known as "PC Power Down")

Personal or Internal Business Use Only

PC Power Down is licensed to you for your personal or internal business use only and must be used in compliance with all applicable laws, rules and regulations. If you want to make commercial use of PC Power Down, including but not limited to selling or distributing PC Power Down for payment, you must enter into a separate written agreement with us.

Licence Fee - shall mean Maintenance, Support and Licensing charges.

Licence Arrangements & Payment

First Period - The first PC Power Down licence will run for a period of 3 years from the date of purchase. On the date of purchase you will be charged the first annual licence fee. Then at each of the two subsequent annual anniversary dates you will charged a further licence fee. The annual licence fee will remain the same for each of the first three years of the licence.

Subsequent Periods - At the expiry of the initial 3 year term the licence will be automatically renewed and you will be charged the then current annual licence fee for a further period of 12 months and then annually thereafter unless you tell us to cancel the licence.

Service & Support

Service and support is offered electronically during normal working hours via our web site and/or email. We will use our best endeavours to respond to any service request within one working day.

Late Payment

We reserve the right to charge you interest at the rate of 5% over the then current Bank of England base lending rate, on any amount outstanding from the due date to the date of actual payment. Interest shall be applied on a daily basis and monies received may be applied by us against such interest prior to application against other monies due from you.

30 Day 'No Quibble' Guarantee

If within the 30 day period following the initial purchase you decide, for whatever reason, that you do not wish to continue with the arrangement you may cancel it and we will refund your initial payment. Any such notice of cancellation must be made in writing and will only be deemed effective once we have acknowledged receipt of your instructions.

Cancellation By You

After the expiry of the initial 3 year licence term this arrangement may be cancelled by you on provision of your instructions to do so. Notice of cancellation must be made in writing no less than 60 days prior to the expiration of the then current licence period. Cancellation will only be deemed effective once we have acknowledged receipt of your instructions.

Prohibited Actions

You may not:
a. distribute PC Power Down or any services or software associated with or derived from it, except as expressly permitted above in relation to PC Power Down Network Edition;
b. sub-licence your right to use PC Power Down;
c. modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or create derivative works from PC Power Down (except to the extent such acts are permitted by law, notwithstanding a contractual prohibition); or
d. extract significant portions of PC Power Down's files for use in other applications.

Information Practices

Protecting users' privacy is very important to us. As a condition of downloading and/or using PC Power Down, you agree to the terms of the PC Power Down Privacy Policy which includes PC Power Down's general privacy policy (http://www.pcpowerdown.com/pages/pc-power-down-privacy.php), as updated from time to time.

Intellectual Property

You acknowledge that we or third parties own all right, title and interest in and to PC Power Down, and software or content provided through or in conjunction with PC Power Down, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all patent rights, copyright, trade secrets, trade and service marks, design rights, rights in or relating to databases, rights in or relating to confidential information and any other intellectual property rights throughout the world, whether registered or unregistered and including applications for any such rights. You agree to (and agree not to allow third parties to) not remove, obscure, or alter our or any third party's copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through PC Power Down.

Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. If we update these Terms and Conditions we will let you know by email and/or by posting a message on the site from which users download PC Power Down or by using another method which we consider appropriate. If you do not agree with any changes we make to the Terms and Conditions you should cease using PC Power Down and follow the instructions for cancelling the licence.

Disclaimer

If you are a consumer, nothing in these Terms and Conditions shall affect your statutory rights.

PC Power Down has been extensively tested on a wide range of PC's, hardware and associated operating systems, however to the fullest extent permitted by law, PC Power Down is nonetheless only provided on an 'as is' basis, in other words we disclaim all implied warranties, conditions and other terms including, without limitation, those regarding the security, operation, reliability, timeliness, and performance of PC Power Down.

Limitation of Liability

Nothing in these Terms and Conditions shall exclude or limit liability for:
a. death or personal injury resulting from the negligence of either party or their servants, agents or employees;
b. fraud or fraudulent misrepresentation;
c. breach of any implied condition as to title or quiet enjoyment; or
d. any liability which may not by law be excluded.
Subject to the first paragraph of this clause, neither party shall be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), breach of contract, misrepresentation or otherwise) for:
a. any economic losses including but not limited to; loss of revenues, profits, contracts, data, business, anticipated savings;
b. the cost of obtaining similar or substitute services from anyone;
c. any loss of goodwill or reputation; or
d. any special, indirect or consequential losses; in each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.
Subject to the first paragraph of this clause, our total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), breach of contract, misrepresentation or otherwise) shall be limited to the value of the last annual invoice you paid.
Subject to the first paragraph of this clause:
a. under no circumstances shall we be liable to any user on account of that user's misuse of PC Power Down; and
b. neither party shall be liable for any matter which is outside that party's reasonable control.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and you and we hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions.

Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit PC Power Down seeking injunctive or similar relief in any jurisdiction.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full
force and effect.

PC Power Down may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by PC Power Down.

Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions, except that this clause shall not restrict or limit the rights of any lawful assignee under these Terms and Conditions to exercise the rights and benefits conferred on him by the assignor.

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