TERMS  &  CONDITIONS

1) The terms of this agreement (the “Terms and Conditions”) will apply to and govern all contracts under which Geeks Gaurd Limited, registered in England and Wales (“Geeks Gaurd Ltd”) agrees to supply Goods and/or Services to you (the “client”), and shall prevail over any terms and conditions introduced by the client, whether referred to in the client’s order or in correspondence and elsewhere or implied by trade custom practice or course of dealing. Any purported provisions contrary to the terms of these Terms and Conditions are hereby excluded or extinguished. No variation of these terms and conditions shall be effective unless previously agreed in writing between the two parties. These Terms and Conditions incorporate the data processing terms of Geeks Gaurd Ltd.

2) Geeks Gaurd Ltd shall provide Goods and Services to the client in accordance with these Terms and Conditions and in consideration for timely payment of the charges which may fall due pursuant to these Terms and Conditions.

3) The client may enquire about Goods and Services by completing the inquiry form on Geeks Gaurd Ltd’s website, emailing Geeks Gaurd Ltd or by calling Geeks Gaurd Ltd. When Geeks Gaurd Ltd receives the client’s inquiry Geeks Gaurd Ltd will respond to let the client know provisionally whether Geeks Gaurd Ltd is able to provide the Goods and Services that the client requires. This is not an offer for goods or services capable of being accepted by the client and is considered by Geeks Gaurd Ltd to be marketing material.

4) Based on the information that the client has provided and any survey Geeks Gaurd Ltd will issue a formal quotation to the client. In order to proceed, a client must then within 10 business days submit an order in writing detailing the Goods and/or Services required and quoting the quotation number issued by Geeks Gaurd Ltd (“Client Order”). By completing and submitting a Client Order, the client confirms that the client understands, accepts, and agrees to be bound by these Terms and Conditions.

5) The submission by the client of a Client Order will only amount to an offer that Geeks Gaurd Ltd may accept at its sole discretion.

6) Subject to clause 7) if Geeks Gaurd Ltd wishes to accept the Client Order, Geeks Gaurd Ltd shall confirm acceptance in the form of Booking Form and only once Geeks Gaurd Ltd has responded sending the client the Booking Form will there a binding contract between the Geeks Gaurd Ltd and the client.

7) Subject to clause 34), Geeks Gaurd Ltd may from time to time provide Goods or Services to a client without providing a Booking Form where Geeks Gaurd Ltd has confirmed in writing, including without limitation by email, to a representative of the client that it will fulfill a Client Order and confirmed the price for such Client Order. For the purpose of these Terms and Conditions, such confirmation shall be considered as a Booking Form. In such circumstances the client shall be considered to have:

– Agreed to the terms set out in Geeks Gaurd Ltd’s confirmation;

– agreed to these Terms and Conditions;

– agreed to Geeks Gaurd Ltd’s data processing terms

– agreed that the representative of the client is duly authorized to enter into the agreement with Geeks Gaurd Ltd.

8) Security and data safeguarding: The client shall be solely responsible for ensuring that at all times all data which is, in the opinion of the client, important or critical to its operations has been backed up and that recovery procedures are sufficient to enable the restoration of that data in the event of loss or corruption are in place. This should be carried out by the client prior to Geeks Gaurd Ltd starting work on its computer system or before the commencement of any other activity.

9) The client shall allow Geeks Gaurd Ltd access to its premises, any equipment (including without limitation its servers, computer systems, peripherals, or other hardware) data (including without limitation any backup data), and documentation (including without limitation any original software installation materials) for the purpose of providing the Goods and/or Services. At all times the Client shall co-operate with Geeks Gaurd Ltd to enable Geeks Gaurd Ltd or its Authorised Agents to provide Goods and/or Services.

10) The client shall take all reasonable precautions to ensure the safety and health of Geeks Gaurd Ltd’s personnel and its Authorised Agents whilst at the client’s premises.

11) Software Licensing: The client shall be solely responsible for complying with the terms of use, distribution, duplication, or other requirements, whether public or private in origin, applicable to any software, or component of software, supplied through Geeks Gaurd Ltd, or any software which Geeks Gaurd Ltd may be asked to work on. Geeks Gaurd Ltd may delay any project without penalty until proof of licensing can be provided in respect of any software provided by the client.

12) Hardware and software supply and warranty: where an order includes the supply of hardware or software products, such products shall be supplied by Geeks Gaurd Ltd on the terms and conditions of use for such products as defined by Geeks Gaurd Ltd at the time of delivery. Unless otherwise specified Geeks Gaurd Ltd shall only deliver non-modifiable and executable run-time versions of software. The client and its affiliates must comply with the terms of all software licenses.

13) Geeks Gaurd Ltd does not warrant that any product is free from minor errors not materially affecting performance. Such errors shall not be rectified, and Geeks Gaurd Ltd shall be under no duty to rectify them, in the absence of a prior written agreement to the contrary.

14) Products are not sold on a trial basis. The return of a product shall be at the sole discretion of Geeks Gaurd Ltd. Geeks Gaurd Ltd will not accept the return of an opened software package unless it is faulty. By breaking the seal, the client accepts the license between the client and the manufacturer.

15) Software licenses cannot be exchanged, returned, or refunded.

16) Risk in any product that the client is returning to Geeks Gaurd Ltd remains with the client.

17) Before returning any product or related equipment to Geeks Gaurd Ltd, it is the client’s responsibility to back up, save, or otherwise secure any data. Geeks Gaurd Ltd accepts no liability for the loss or corruption of any data.

18) Geeks Gaurd Ltd shall supply its choice of branded hardware and system software unless otherwise specified by the client and agreed by Geeks Gaurd Ltd.

19) Geeks Gaurd Ltd gives no warranty to the client in respect of a product or services that are purchased by Geeks Gaurd Ltd from another supplier or vendor for resale to the client. It shall be the client’s sole responsibility to pursue warranty claims against the manufacturer, vendor, or the other supplier. Geeks Gaurd Ltd may in its discretion provide assistance in the pursuit of such claims but shall be under no obligation to do so.

20) All warranties are provided by the manufacturer, vendor, or the other supplier unless otherwise stated and are on a Return to Base basis.

21) Geeks Gaurd Ltd will conduct any ‘Return to Base’ procedure at its then-current hourly rates. The client accepts that software vendors may change and update their packages to correct errors or update their pricing on an ongoing basis and agrees to accept and comply with such changes.

22) Geeks Gaurd Ltd will not guarantee the performance of any software which it has installed, shall have no responsibility for any errors occurring in any software provided by a third party, and shall not have any responsibility for any open-source software or software elements. While Geeks Gaurd Ltd shall aim to resolve issues specified by the vendor, such services shall be chargeable at Geeks Gaurd Ltd’s then-current hourly rate.

23) The client acknowledges that it shall acquire no ownership of any software provided to it pursuant to agreements subject to these Terms and Conditions and that all such software shall be supplied on a licensed basis. Geeks Gaurd Ltd makes no warranty that it can fix or repair all errors that may arise in client’s systems, arising in hardware, software, or otherwise.

24) Maintenance of Protection: It is the client’s responsibility to ensure that the effectiveness of any software supplied by Geeks Gaurd Ltd is maintained, by acquisition from the original developer of such database files, program patches, or other revisions, as may become available from time to time. Geeks Gaurd Ltd may request that the client updates any critical patches required within any timeframe that it may specify, and the client shall be responsible for any loss or damage which may occur as a result of its failure to comply. While Geeks Gaurd Ltd will take reasonable precautions to avoid disruption to the client’s business, Geeks Gaurd Ltd accepts no responsibility for any errors in software developed by third parties and/or for any disruption, loss, or damage that such software may cause.

25) Changes: Where changes to product specifications significantly alter the price or fitness for purpose of any products Geeks Gaurd Ltd and the client shall agree upon such changes in writing or arrange for the supply of alternative products. Changes to product specifications shall not provide grounds for cancellation of an Order unless such cancellation is agreed to in writing by Geeks Gaurd Ltd and the client.

26) Delivery: Unless it is agreed otherwise delivery shall be to the address as specified in the Booking Form. In circumstances where Geeks Gaurd Ltd has attempted to physically deliver products but either the client is unable or unwilling to accept such delivery, the client will be charged for the cost of the failed delivery in addition to any and all subsequent attempts. If the client is unable to accept delivery, a new date shall be set by mutual agreement of the parties. If the client is unwilling to accept delivery, the parties shall seek to vary the contract as appropriate by mutual agreement, or Geeks Gaurd Ltd may terminate the contract immediately and the client shall unless agreed otherwise by Geeks Gaurd Ltd be liable for all reasonable costs incurred by Geeks Gaurd Ltd.

27) The client will not permit any changes or modifications to be made to any of its software or hardware by any party other than those changes or modifications authorized by, and notified to, Geeks Gaurd Ltd in writing. If such changes or modifications are carried out without such authorization and appropriate notification, Geeks Gaurd Ltd reserves the right to review these Terms and Conditions, amend any agreement and make adjustments accordingly. The client shall create regular data backups in such a manner as to minimize any potential data loss and to ensure that these are made available to Geeks Gaurd Ltd as required.

28) The client acknowledges that Geeks Gaurd Ltd shall be entitled to disclose to the relevant authorities any and all data or information which it may discover that it considers being unlawful and that Geeks Gaurd Ltd requires such rights in order to enable it to comply with US Law.

29) Privacy: The client shall be solely responsible for compliance with all applicable civil liberties and data protection legislation when using software supplied by Geeks Gaurd Ltd. Geeks Gaurd Ltd makes no warranty that any such software shall guarantee any form of compliance, nor that the client’s use of such software shall be compliant with such statutes. Further, the client shall be solely responsible for its compliance with any privacy, data protection, or confidentiality obligations which it may have taken on as part of any contract or agreement entered into with third parties.

30) Geeks Gaurd Ltd records all calls made to it in accordance with Data Protection Laws. By agreeing to these Terms and Conditions the client confirms it has obtained the necessary authorization from its staff and any other third party whose Protected Data may be processed by Geeks Gaurd Ltd.

31) The parties agree that the client is a Controller and that Geeks Gaurd Ltd is a Processor for the purposes of processing any Protected Data pursuant to these Terms and Conditions. The client shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The client shall ensure all instructions given by it to Geeks Gaurd Ltd in respect of Protected Data (including without limitation these Terms and Conditions) shall at all times be in accordance with Data Protection Laws. Geeks Gaurd Ltd shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of these Terms and Conditions.

32) The client shall indemnify and keep indemnified Geeks Gaurd Ltd against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands, and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by the client of its obligations in respect of Data Protection Laws.

33) At the end of the provision of the Services relating to the processing of Protected Data, at the client’s cost and the client’s option, Geeks Gaurd Ltd shall either return all of the Protected Data to the client or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law permits Geeks Gaurd Ltd to store such Protected Data. This clause 33) shall survive termination or expiry of these Terms and Conditions.

34) Payment: Subject to clause 35) the price for the Services and any relevant Goods shall be as agreed in the Booking Form. Payment of all such charges shall be due on the dates specified in the Booking Form. Unless otherwise specifically stated prices charged on any quotation shall be exclusive of VAT and delivery. Payment for Goods shall become due on the date of delivery of those Goods or completion of works unless credit facilities have been approved in writing or other arrangements have been specified in the Booking Form. Time shall be of the essence in respect of the client’s obligation in respect of Geeks Gaurd Ltd’s payment terms. In the event of late payment, interest will accrue at the base rate of Barclays Bank plc plus two percent. We reserve the right to suspend all services on customer accounts that are overdue for payment. The time of payment shall be of the essence of these Terms and Conditions.

35) Geeks Gaurd Ltd may set and vary credit limits and payment terms from time to time and has the right to withhold all supplies of Goods and Services without liability to the client if the client exceeds such credit limit or payment terms.

36) If the performance of the contract is suspended at the request of or delayed through default of the client including (without limitation), but without prejudice to the generality of the foregoing, incomplete or incorrect instructions, or refusal to accept delivery of the Goods or Services for a period of 14 days, Geeks Gaurd Ltd shall be entitled to payment at the then prevailing rates for the Services already performed, Goods supplied or ordered and any other additional costs thereby incurred and the client shall pay such sums upon receipt of invoice, or according to agreed credit terms.

37) Out of hours service: The client agrees that, unless otherwise specified in the Booking Form, where a fee is agreed for the provision of Services outside of US office hours (09:00 – 18:00), that fee is provided in consideration of Geeks Gaurd Ltd providing available staff to service out of hours requests. The client agrees that it shall pay for any staff time actually incurred providing out-of-hours service at Geeks Gaurd Ltd’s then-current hourly rates.

38) Further charges: Where any services are provided by Geeks Gaurd Ltd that do not fall within the scope of the Services, the client agrees that Geeks Gaurd Ltd shall be entitled to charge the client for any and all staff time incurred in the provision of such services at its then-current hourly rates. Invoices for such time shall be raised monthly in arrears and, unless otherwise specified by Geeks Gaurd Ltd, shall be due for payment within thirty days.

39) Changes: If the client wishes to vary any details of the specification of Goods or Services it must notify Geeks Gaurd Ltd in writing as soon as is reasonably possible. Geeks Gaurd Ltd shall use all reasonable endeavors to make any required changes and any additional costs thereby incurred shall be separately invoiced to the client. If due to circumstances beyond the client’s control, Geeks Gaurd Ltd has to make any change in the arrangements relating to the provision of the Goods and/or Services it shall notify the client forthwith. Geeks Gaurd Ltd shall endeavor to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original arrangements as is reasonably possible in the circumstances.

40) Delivery: Geeks Gaurd Ltd shall use its reasonable endeavors to comply with any day or dates for despatch or delivery of Goods and for the supply of Services. Unless agreed otherwise in the Booking Form, such dates shall constitute only statements of expectation and shall not be binding. If Geeks Gaurd Ltd, having used its reasonable endeavors fails to despatch or deliver the Goods, or to supply or complete the Services by such date or dates whether or not binding, such failure shall not constitute a breach of contract. The client shall not be entitled to treat the contract as thereby repudiated or to rescind it or any ancillary contract in whole or in part or claim compensation for such failure or for any consequential loss or damage resulting therefrom. Save for obligations relating to payment by the client, time shall not be of the essence of agreements made pursuant to these Terms and Conditions and the dates for delivery of Goods or execution of activities mentioned in any quotation or acknowledgment of orders shall be approximations only. Delivery may be made in whole, or in part, at the discretion of Geeks Gaurd Ltd, and, where Goods are delivered by installments shall be invoiced separately and seen as separate contracts. If in the case of the contract or any order involving more than one delivery, default is made in payment on the due date, Geeks Gaurd Ltd shall have the right to suspend any further deliveries or activities pending payment or to terminate the contract in its entirety. Delivery charges will be levied for all deliveries and are door to door only. Any further requirements will be met by Geeks Gaurd Ltd engineering staff at our then-current rates.

41) Provision of Services: The client agrees that Geeks Gaurd Ltd may, from time to time, appoint Authorised Agents to perform some or all of its obligations under the terms of agreements concluded pursuant to these Terms and Conditions. The client agrees to the services being provided by Authorised Agents in this fashion and agrees to extend all such cooperation and assistance to such Authorised Agents as is reasonably necessary to enable those parties to provide the Services in such fashion, as well as to comply with any instructions issued by such Authorised Agents as if such instructions originated directly from Geeks Gaurd Ltd. Geeks Gaurd Ltd may subcontract to third parties all or any part of the Services to be carried out. The client shall not assign to a third party any or all of its rights or obligations without the prior written consent of Geeks Gaurd Ltd.

42) Intellectual Property: All intellectual property rights (including without limitation, copyright), inherent in all material originated and/or provided by Geeks Gaurd Ltd to the client, either in the form of pre-contract documentation, site documentation or as text, images, research papers or electronically stored code for the manipulation, transmission, and presentation of information, shall remain the property of Geeks Gaurd Ltd. Geeks Gaurd Ltd reserves the right to, by way of separate negotiation and upon payment in full, transfer, assign or license copyright (or any other intellectual property) to the client.

43) Title to Goods: No title in Goods shall pass to the client until payment in full of all sums owing or due to Geeks Gaurd Ltd, whether under contract or otherwise. Until such payment is rendered the client shall store the goods in such a way as to clearly indicate that they are the property of Geeks Gaurd Ltd.

44) Risk: Without prejudice to clause 43), risk and title in Goods shall pass upon delivery of goods to the client’s premises. Where the material is transmitted electronically, risk will be deemed to have passed to the client, upon the moment of transmission – not of receipt.

45) Term: Unless otherwise specified in the Booking Form and subject to clause 47) the agreement between Geeks Gaurd Ltd and the client shall commence on the date the Services commence (or Goods are to be supplied) unless specified otherwise in the Booking Form and run for a period of 12 months (the “Initial Term”) thereafter the agreement shall be automatically renewed for a further period of 12 months (each such term a “Renewal Period”) at the end of the Initial Period and at the end of each Renewal Period until terminated pursuant to the terms of these Terms and Conditions.

46) Termination: Unless otherwise specified in the Booking Form either party may terminate the agreement governed by these Terms and Conditions by providing the other with written notice no less than three months prior to the end of the Initial Term or the then-current Renewal Term; such notice shall cause the relevant agreement to terminate at the end of the Initial Period or the then-current Renewal Period.

47) Further to the terms of clause 46) either party may terminate the agreement made pursuant to these Terms and Conditions immediately on the basis that the other (a) is in material or persistent breach of any of its obligations under these Terms and Conditions and has failed to remedy such breach within 30 days of receiving written notice from the affected party requiring it to do so, (b) if the other party is unable to pay its debts as they fall due (within the meaning of section 123 of the Insolvency Act 1986), becomes insolvent, is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, or similar officer appointed over all or any substantial part of its assets, or enters into any composition or arrangements with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction. In the event of termination under clause 47,) Geeks Gaurd Ltd shall retain any sums already paid to it by the client without prejudice to any other rights that either party may have whether at law or otherwise and the client shall immediately pay to Geeks Gaurd Ltd all sums due to it.

48) Indemnity: The client will indemnify and hold harmless Geeks Gaurd Ltd, its Authorised Agents, staff, contractors, and agents for any loss or damage suffered or incurred as a result of any failure by the client to obtain any necessary license or consent to enter any premises, or suffered as a result of any relevant premises being unsafe or unsuitable, or any damage to any equipment of Geeks Gaurd Ltd caused by the client or its systems, or any failure of the client to comply with any conditions imposed by any other party (including without limitation for the avoidance of doubt any breach by the client of any third party’s intellectual property).

49) Liability: to the maximum extent permitted by law neither Geeks Gaurd Ltd, nor any of its Authorised Agents, shall under any circumstances be liable for any breach by it of any of these Terms and Conditions or breach by it of any implied warranty, condition or other terms of the agreement, or any negligent or innocent misrepresentation, or any negligence or other duty at common law for any indirect or consequential loss, damage, expense or injury of any kind. Nor shall Geeks Gaurd Ltd be responsible for any loss or damage arising from loss of profits, loss of savings, loss of business opportunity, loss or corruption of data, interruption to business, loss of revenue, loss of goodwill, or any form of special damages, whether direct, consequential or otherwise, and whether or not either party to this agreement foresaw the possibility of such loss or damage.

50) Subject to clause 49) and to the maximum extent permitted by law, Geeks Gaurd Ltd’s total aggregate liability to the client in respect of this agreement and all other agreements entered into between the two parties, shall not exceed the total fees paid by the client to Geeks Gaurd Ltd in the 12 months preceding the relevant claim.

51) The parties acknowledge and agree that the limitations contained in these Terms and Conditions are reasonable in the light of all the circumstances. The limitations shall apply cumulatively, and shall apply regardless of the form of action, whether under the statute, in contract or tort, including without limitation negligence, or any other form of action.

52) Nothing in these Terms and Conditions is intended to or will exclude or limit Geeks Gaurd Ltd’s liability for death or personal injury caused by Geeks Gaurd Ltd’s negligence, or for fraud or fraudulent misrepresentation by Geeks Gaurd Ltd.

53) Non-solicitation: In order to protect the legitimate business interests of Geeks Gaurd Ltd, during the Restricted Period the client shall not without the prior written consent of Geeks Gaurd Ltd, either directly or indirectly, by or through itself, its affiliate, its agent or otherwise, or in conjunction with its affiliate, its agent or otherwise, whether for its own benefit or for the benefit of any other person:

a. solicit, entice or induce, or endeavor to solicit, entice or induce, any Restricted Person with a view to employing or engaging the Restricted Person, or

b. employ or engage, or offer to employ or engage a Restricted Person.

54) In the event of a breach of clause 53) the client shall pay to Geeks Gaurd Ltd by way of liquidated damages an amount equivalent to the higher of either 80% of the annual salary of the Restricted Person or a sum representing the equivalent of the cost of the Services for a 6-month period.

55) The provisions in clause 54) shall be without prejudice to Geeks Gaurd Ltd’s ability to seek damages or claim injunctive relief.

56) Force Majeure: Geeks Gaurd Ltd shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials, or the execution of a contract being delayed prevented hindered, or made uneconomic by reason of circumstances or events beyond Geeks Gaurd Ltd control including, but not limited to:

(a) Act of God, or riot, strike, lock-out, trade dispute, act of terrorism, labor disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense or;

(b) Failure by the client to give adequate instructions or supply the necessary information in due time or

(c) Failure by any third party to carry out their part of the work or otherwise perform their obligations when required.

57) Claims: All claims in respect of material, Goods, or non-execution of the contract must be made in writing and received by Geeks Gaurd Ltd no later than fourteen (14) days of the date of delivery to the client, the client’s premises or the client’s vehicle, or in the case of electronic transmission, from the date of transmission. The parties to this agreement specifically exclude the rights of any third parties to make any claim under its terms pursuant to the Contracts (Rights of Third Parties) Act or otherwise.

58) Entire Agreement: These Terms and Conditions and the Booking Form constitute the entire agreement between them and supersedes all previous agreements, understandings, and arrangements between them, whether in writing or oral, in respect of its subject matter.

59) Each party acknowledges that it has not entered into these Terms and Conditions and Booking Form in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms and Conditions and the Booking Form, except in the case of fraudulent misrepresentation. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Terms and Conditions and the Booking Form.

60) Waiver: Any waiver by Geeks Gaurd Ltd of any breach of any term of these Terms and Conditions shall be valid only if given in writing.

61) Severance: Geeks Gaurd Ltd and the client believe that these Terms and Conditions are reasonable. If any provision shall be held to be contrary to applicable law, such provision shall be severed from the remainder, and the remainder shall continue in full force and effect.

62) Notices: Any notice hereunder shall be deemed to have been duly given if sent pre-paid first-class post, fax, or e-mail to the party concerned at the address specified.

63) Law: All contracts to which these Terms and Conditions apply shall be governed and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

Definitions: In this agreement, the following terms shall have the following meanings:

1. Authorised Agent, means a third party appointed by Geeks Gaurd Ltd that shall perform Geeks Gaurd Ltd’s obligations under this agreement in Geeks Gaurd Ltd’s stead.

2. Booking Form, means the form titled ‘booking form’ which appears immediately above these Terms and Conditions.

3. Controller, Data Subject, Personal Data, Processor, and processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, processing, and processes shall be construed accordingly) and international organization and Personal Data Breach shall have the respective meanings given to them in the GDPR;

4. Data Protection Laws means, as binding on either party or the Services:

– the Directive 95/46/EC (Data Protection Directive) and/or Data Protection Act 1998 of the GDPR;

– any laws which implement any such laws; and

– any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;

5. GDPR means the General Data Protection Regulation (EU) 2016/679

6. Goods, means the goods and/or materials set out in the Booking Form, as well as any other goods or materials which may be provided by Geeks Gaurd Ltd to the Client in the course of performing the Services.

7. Protected Data means Personal Data received from or on behalf of the client in connection with the performance of Geeks Gaurd Ltd’s obligations under the Terms and Conditions

8. Relevant Period, means the term of this agreement or during any previous engagements of Geeks Gaurd Ltd by the client in the last 12 months.

9. Restricted Period, means the term of this agreement and a period of six months after its completion, expiry, or termination.

10. Restricted Person, means:

a. any person employed, engaged, utilized or contracted by Geeks Gaurd Ltd whether as an employee, contractor, sub-contractor, agent, worker, officer, or as Authorised Agents at any time during the Relevant Period and who has or had contact or dealings with the client; or

b. any person employed, engaged, utilized or contracted by Geeks Gaurd Ltd whether as an employee, contractor, sub-contractor, agent, worker, officer or as Authorised Agents at any time during the Relevant Period in relation to the provision of the Services and who has or had contact or dealings with the client.

11. Return to Base, means that the client shall be responsible for returning the relevant Goods to Geeks Gaurd Ltd or its Appointed Agent in order to enable that party to attempt repair of those Goods from its own premises.

12. Services, means the services to be provided by Geeks Gaurd Ltd and/or its Authorised Agents as specified in the Booking Form.