Terms of Service

AssistAR with Experts

Please read the Expert to Service User terms here. These set out your contract with service users you provide help and advice to and by signing up to use assistAR you warrant that you will comply with the Expert to Service User terms.

Important information about what these terms cover

assistAR uses Remote Visual Assistance Technology to connect services users with you the expert. Using augmented reality, experts can help service users resolve a problem without having to be there.

These terms apply to your contract as an expert with us for the use of our assistAR platform, they do not apply to your contract with a service user which includes any advice or help you provide them. Experts are directly responsible to service users for the advice and help they provide.

Experts are not controlled by, part of or connected to assistAR, they are independent third parties and your contract for the supply of your services to service users is directly with the service user, not assistAR.

assistAR does not provide help or advice. We may provide information about pricing or the help experts may provide but this only for service users’ information. We do not assess expert’s suitability, experience or ability to provide the service. We do not guarantee the service that service users will receive is as described, meets their needs, is safe, accurate or up to date. We do not guarantee that an expert will be able to fix or resolve any problem service users have. We do not dictate the prices experts charge.

We may help resolve disputes between service users and an expert but we are not in control of the actions of either party and it is not within our control to pay you compensation for any loss caused by an expert as a result of your use of assistAR. Service users obtain redress from the expert.

  1. About us
    • 1.1 Company details. assistar.co.uk is a site operated by Hostcomm Ltd trading as assistAR (“We“). We are registered in England and Wales under company number 05113945 and have our registered office at Office 2 – The Old Convent, 8 Broad Street, Ottery St. Mary, Devon, England, EX11 1BZ. Our VAT number is 837980773.
    • 1.2 To contact us please email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 16.2.
  2. Our contract with you
    • 2.1 Our contract. These terms and conditions (Terms) apply to the supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    • 2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • 2.3 Language. These Terms and the Contract are made only in the English language.
  3. Your request to use assistAR and its acceptance by us
    • 3.1 Placing your request. Please follow the onscreen prompts to place your request. You may only submit a request using the method set out on the site. Each request is an offer by you to use the services specified in the request (Services) subject to these Terms.
    • 3.2 Correcting input errors. Our sign-up process allows you to check and amend any errors before submitting your request to us. Please check the request carefully before confirming it. You are responsible for ensuring that your request and any information submitted by you is complete and accurate.
    • 3.3 Acknowledging receipt of your request. After you place your request, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your request has been accepted. Our acceptance of your request will take place as described in clause 3.4.
    • 3.4 Accepting your request. Our acceptance of your request takes place when we send an email to you to accept it (Sign-up Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Sign-up Confirmation.
    • 3.5 If we cannot accept your request. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your
    • 3.6 To cancel the Contract, you must complete the cancellation form. [A link to the website cancellation form will be included in our Order Confirmation]. We will email you to confirm we have received your cancellation.

You can also email us at [email protected]. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email.

  1. Our services
    • 4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
    • 4.2 Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website in all material respects.
    • 4.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
    • 4.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
    • 4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
    • 4.6 We use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week. Except for planned maintenance carried out during the maintenance window of [10.00 pm to 2.00 am] UK time; and unscheduled maintenance performed outside the maintenance window, on reasonable notice in advance.
  2. Your obligations
    • 5.1 It is your responsibility to ensure that:
      • (a) You are suitably qualified, experienced and have the capacity to provide any help or advise to service users offered by you
      • (b) Your internet connection and device meet the minimum requirements to access the Services. You should test your connection and device using the following link here.
      • (c) You provide any help or advice to service users with reasonable care and skill and in accordance with the Expert to Service User terms here.
      • (d) the information you provide is complete and accurate
      • (e) you cooperate with us in all matters relating to the Services
      • (f) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects
      • (g) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
      • (h) you comply with all applicable laws, including health and safety laws.
    • 5.2 You must not access, store, distribute or transmit any viruses, or any material during the course of your use of the services that:
      • (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      • (b) facilitates illegal activity;
      • (c) depicts sexually explicit images;
      • (d) promotes unlawful violence;
      • (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      • (f) is otherwise illegal or causes damage or injury to any person or property;

and we may without liability or prejudice to our other rights disable your access in the event you breach the provisions of this clause.

  • 5.3 You must not:
    • (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this agreement:
      • (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services (as applicable) in any form or media or by any means; or
      • (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services
    • (b) access all or any part of the Services in order to build a product or service which competes with it; or
    • (c) use the Services to provide services to third parties other than service users via the assistAR platform; or
    • (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services to any third party
    • (e) attempt to obtain, or assist third parties in obtaining, access to the Services
  • 5.4 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify the Supplier.
  • 5.5 The rights provided under this Contract are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
  • 5.6 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5 or you fail to comply with any part of clause 5 (Your Default):
    • (a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 13 (Termination);
    • (b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
    • (c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  1. Charges
    • 6.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6.
    • 6.2 The Charges are the prices quoted on our site here
    • 6.3 Our Charges may change from time to time. We reserve the right to increase the Charges.
    • 6.4 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
  2. How to pay
    • 7.1 Payment for the Services is in advance.
    • 7.2 Service Users make payment to you for each session booked via our payment provider, Stripe. Our payment provider automatically deducts our Charges from their payment and the balance is remitted to you.
    • 7.3 If you incur any additional Charges we will provide you with an invoice by email which you must pay on presentation.
    • 7.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under Clause 15 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
  3. Complaints

If a problem arises or you are dissatisfied with the Services, please let us know.

  1. Intellectual property rights
    • 9.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
    • 9.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
  2. How we may use your personal information
    • 10.1 We will use any personal information you provide to us to:
      • (a) provide the Services;
      • (b) process your payment for the Services; and
      • (c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    • 10.2 We will process your personal information in accordance with our Privacy Policy, which can be read here, the terms of which are incorporated into this Contract.
    • 10.3 You are responsible as data controller for the processing of any personal data you receive from service users.
  3. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    • 11.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • (a) death or personal injury caused by negligence;
      • (b) fraud or fraudulent misrepresentation; and
      • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    • 11.2 Subject to clause 11.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • (a) loss of profits;
      • (b) loss of sales or business;
      • (c) loss of agreements or contracts;
      • (d) loss of anticipated savings;
      • (e) loss of use or corruption of software, data or information;
      • (f) loss of or damage to goodwill; and
      • (g) any indirect or consequential loss.
    • 11.3 Subject to clause 11.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract in the preceding 12 months.
    • 11.4 We have given commitments as to compliance of the Services with the relevant specification in clause 4.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    • 11.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred] and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    • 11.6 This clause 11 will survive termination of the Contract.
  4. Confidentiality
    • 12.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
    • 12.2 We each may disclose the other’s confidential information:
      • (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and
      • (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • 12.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  5. Termination, consequences of termination and survival
    • 13.1 Termination Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
      • (a) you commit a material breach of any term of the Contract or the Expert to Service User Terms (click here to read) and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
      • (b) you fail to pay any amount due under the Contract on the due date for payment;
      • (c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction];
      • (d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • (e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • 13.2 Consequences of termination. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    • 13.3 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  6. Events outside our control
    • 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • 14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • (a) we will contact you as soon as reasonably possible to notify you; and
      • (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    • 14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
  7. Non-solicitation

During the period that we are providing the Services to you and for a period of six months following termination of the Contract you must not attempt to supply services that are competitive with the Services to Service Users introduced to you by us.

  1. Communications between us
    • 16.1 When we refer to “in writing” in these Terms, this includes email.
    • 16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and by email or via form on website at a link provided to you by us.
    • 16.3 A notice or other communication is deemed to have been received at 9.00 am the next working day after transmission.
    • 16.4 In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
    • 16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  2. General
    • 17.1 Assignment and transfer
      • (a) We may assign or transfer our rights and obligations under the Contract to another entity.
      • (b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • 17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • 17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    • 17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • 17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    • 17.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.