ESET Policy Hub

THESE TERMS
1. What these terms cover
  These are the terms and conditions on which we supply our ESET products (“Software”) and/or the Help-Desk Service (as defined in clause 5) to you.
2. Why you should read them.
  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Software and/or the Help-Desk Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  
  Using the website www.ESET.com/UK (“Website”), or by placing an order for the Software via the Website, by telephone, email or post, indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use the Website and/or make an order for the Software.
  
  If you think that there is a mistake in these terms, please contact us to discuss.
3. Consumers only.
  1. These terms and conditions apply to consumer customers only. If you are a business, separate terms and conditions will apply to the supply of Software and/or the Help-Desk Service.
  2. By making a purchase for the Software under these terms and conditions for consumers, you warrant to us that you are a consumer customer, (being an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession). It is a condition of any contract made in accordance with these terms and conditions that you are a consumer customer. If we find out that you are a business customer, (meaning a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf), then we may terminate the contract in accordance with clause 11.1.1 and you may be required to compensate us for your breach of the contract in accordance with clause 11.2.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are
  
  We are ESET Software UK Limited, a company registered in England and Wales. Our company registration number is 7184889 and our registered office is at Third Floor, Ocean 80, 80 Holdenhurst Road, Bournemouth, BH8 8AQ. Our registered VAT number is GB 100 2032 11.
2. Our head licensor.
  
  We are licenced by our head licensor, ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic (“ESET, spol. S.r.o.”), to grant you access to the Software and, before you can use the Software, you will also need to agree to ESET, spol. S.r.o.’s relevant end-user licence agreement or other licence terms included with the Software (“Licence Agreement”).
3. How to contact us.
  
  You can contact us by telephoning our customer service team on 01202 405 405 or by writing to us at sales@eset.co.uk or ESET UK, Third Floor, Ocean 80, 80 Holdenhurst Road, Bournemouth, BH8 8AQ.
4. How we may contact you.
  
  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
5. "Writing" includes emails.
  
  When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
1. How we will accept your order.
  
  Prior to our acceptance of your order for the Software, if you make an order via our Website, by email, by telephone or by post, an automatic e-mail acknowledgement of your order may be generated by us (“Order Acknowledgement”). Please note that any Order Acknowledgement does not constitute a formal acceptance of your order, it merely confirms that we have received your order.
2. Our acceptance of your order will take place when we email you to confirm that we have accepted it (“Acceptance”), at which point a contract will come into existence between you and us. Our Acceptance will include details of your username, password and the licence key with Software installation instructions.
3. If we cannot accept your order.
  
  If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Software. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Software.
4. Your order number.
  
  We will assign a unique licence number to your order and tell you what it is in our Acceptance. It will help us if you can tell us the licence number whenever you contact us about your order.
5. Sales outside the UK
  
  We may, at our sole discretion, accept or refuse orders from outside the UK. There are countries we may not supply to due to sanctions. If you do purchase Software from us, you accept that the Help-Desk Service is provided from within the UK and in the English language only.
6. Brexit Trigger, renegotiation and termination
  1. For the purpose of this clause 3.6, a “Brexit Trigger Event” means any of the following events if caused by Brexit or any discussions, proposals, negotiations or any other steps taken by the UK government or a body in any other jurisdiction in anticipation of or related to preparation for Brexit:
    1. Change in Law: a change in the Law or a new requirement to comply with any existing Law or existing Law ceasing to apply to you or us. For these purposes, “Law” means any legal provision which you or we must comply with including any law, stature, subordinate legislation within the meaning of section 21(1) of the Interpretation Act 1978, enforceable EU right within the meaning of section 2 of the European Communities Act 1972, bye-law, regulation, order, mandatory guidance or code of practice, judgment of a court of law, or requirement of any regulatory body, whether in the UK or elsewhere;
    2. Trade tariff: in any jurisdiction, the imposition of, or a change to, a duty, tax or levy imposed on imports or exports of the Software provided that such a change or imposition is not applied equally in respect of the whole of the EU for so long as the UK remains a member of the EU;
    3. Licence or consent: in any jurisdiction, the loss of, a change to or the imposition of a new requirement for any licence or consent required by you or us to perform the contract or to commercially exploit the Software;
    4. Other change: a change to the business or economic environment in which we operate which is not caused by clause 3.6.1.1 to clause 3.6.1.3 above or by any fluctuation in currency exchange rates.
  2. If a Brexit Trigger Event occurs, we may:
    1. on written notice (“Brexit Amendment Notice”) require you to negotiate with us in good faith to amend the contract between us and you, to alleviate the Brexit Trigger Event; and
    2. if no such amendment is made to the contract between us and you, within 30 days of the service of a Brexit Amendment Notice, terminate the contract between you and us, by giving you not less than 30 days’ written notice.
    3. Save as expressly provided in this clause 3.6, a Brexit Trigger Event shall not terminate or alter (or give you a right to terminate or alter) the contract between you and us, or invalidate any of its terms or discharge or excuse performance under it. If there is an inconsistency between the provisions of this clause and any other provision of the contract between you and us, the provisions of this clause shall prevail.
    4. After delivery of a Brexit Amendment Notice, and until this contract is varied under clause 3.6.2.1 or terminated under clause 3.6.2.2 above, we and you shall, unless prohibited by law, continue to comply with the terms of the contract between us, except that we need only use reasonable endeavours to comply with our obligations under the contract insofar as they are affected by the relevant adverse impact caused by the Brexit Trigger Event.
THE SOFTWARE
1. Intellectual Property Rights in the Software.
  
  All intellectual property rights in the Software are owned by our head licensor, ESET, spol. s r. o. and/or its licensors. ESET, spol. s r. o. reserves all rights to the Software, save as expressly granted under the Licence Agreement.
2. Licence Agreement.
  
  We are licenced to grant you access to the Software, but subject to you agreeing to enter into the Licence Agreement with ESET, spol. s r. o. As such, the Software supplied by us should not be installed until you have agreed to the terms of the Licence Agreement. The Software is licensed, not sold (which means that you do not acquire ownership of the Software, but only acquire the right to use it as detailed in the Licence Agreement and clause 4.3 below).
  
  The Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that:
  1. this is permitted in the Licence Agreement; or
  2. applicable law expressly allows such a right which cannot legally be excluded by contract.
3. Licence Period.
  Your right to use the Software shall be time limited. The term of your use of the Software shall commence on the date of your agreement to the Licence Agreement and shall continue for the period of time confirmed in our Acceptance (“Licence Period”), unless terminated earlier in accordance with these terms and conditions. Where you have opted out of auto-renewal under clause 8.6, your Licence Period under the existing Licence Agreement will not be extended upon each annual auto-renewal for a further period of 1 year and any reference to Licence Period shall not be deemed to include any such extension(s).
4. Updates to the Software.
  1. During the Licence Period, and under the condition that you have entered into the Licence Agreement, we will provide periodical updates to the Software in accordance with clause 7.2 so as to continually protect your device(s) against viruses or malware. No prior notification of such updates will be given and therefore we require you to fully comply with your obligations under clause 4.5.1 to ensure that such updates are successfully received by your device(s).
  2. Where the Licence Agreement ends for any reason, we will immediately cease to provide any updates and, as a consequence, your device(s) may not be protected against viruses or malware. Where the Licence Agreement ends for any reason, you must therefore fully comply with clause 4.5.2 and we shall have no liability to you for loss suffered if you fail to do so.
5. Your obligations in respect of the Software.
  
  You must fully comply with the following obligations throughout the Licence Period:
  1. You must ensure that all of your devices have access to the internet to receive our updates under clause 4.4.1. We shall have no responsibility where you suffer a loss because we have been unable to update the Software on your device(s) due to you failing to comply with this clause.
  2. If the Licence Agreement ends for any reason, you must immediately remove the Software from your device(s). If you continue to use the Software on your device(s) you acknowledge and accept that no further updates will be sent by us under clause 4.4 and as a consequence, your device(s) may no longer be protected against viruses or malware and you therefore do so entirely at your own risk.
THE SERVICES
1. Technical support services.
  Subject to the following conditions, we are able to offer you, at no charge, a help-desk service to assist you with any problems that you might have with installing the Software and a technical support help-desk service during the Licence Period to use the Software (“Help-Desk Service”):
  1. the Help-Desk Service shall be supplied during normal business hours (8.30 am to 5.30 pm (UK time) Monday to Friday excluding bank holidays) and shall cover only the following scope: email, chat and telephone support, which will assist in addressing ESET and Malware related issues related to installation and maintenance and by supplying you with trouble shooting advice and/or the appropriate documented (known) solution(s);
  2. in providing the Help-Desk Service we shall provide the services with reasonable care and skill, however as there is no charge to you for using the Help-Desk Service, the services shall be provided without any warranty, guaranty or representation of any kind whatsoever;
  3. it is your sole responsibility to back up all your data, software and programs before making use of the Help-Desk Service;
  4. as the Help-Desk Service is a complementary service, we shall be under no obligation to supply the Help-Desk Service and we reserve the right to withdraw, suspend or to terminate the Help-Desk Service at any time;
  5. we cannot guarantee any response times when you make an enquiry of the Help-Desk Service;
  6. by making use of the Help-Desk Service, you agree that we shall have no liability to you whatsoever for any loss or liability that you may suffer and which arises from your use of or our provision of the Help-Desk Service except where such loss or liability is due to any negligent act or omission on our part; and
  7. where the Licence Agreement ends for any reason, we shall have no further obligation to provide the Help-Desk Service to you. We may suggest that you renew your Licence Agreement and may assist you to do so, however we shall have no liability for any loss suffered by you during any period in which the Licence Agreement has ended and/or as described in clauses 4.4 and/or clause 4.5.
2. Additional optional services.
  
  If you require technical support services beyond those set out in clause 5.1, then any such additional service may be supplied subject to you entering into a separate agreement with us for the provision of our premium technical support service.
YOUR RIGHTS TO MAKE CHANGES
1. If you wish to make a change to the Software you have ordered please contact us.
  
  We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Software, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
1. Minor changes to the Software and/or the Help-Desk Service.
  
  We may change the Software and/or the Help-Desk Service:
  1. to reflect changes in relevant laws and regulatory requirements; and/or
  2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Software and/or the Help-Desk Service.
2. Updates to the Software.
  
  We may update or require you to update the Software, provided that the Software (following any update) shall always match the description of it that we provided to you before you bought it.
3. Updates to these terms and conditions and/or the Licence Agreement.
  
  We may update these terms and conditions and/or the Licence Agreement from time to time to reflect changes in relevant laws and regulatory requirements. If we do update these terms and conditions and/or the Licence Agreement, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any Software paid for but not received.
PROVIDING THE SOFTWARE
1. When we will provide the Software.
  
  We will make the Software available for download by you as soon as we accept your order. We will continue to supply the Software to you until the Licence Period expires (on the condition that you have entered into the Licence Agreement under clause 4.2) or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11. Delivery of the information referred to in clause 3.1 shall be to a valid e-mail address submitted by you. You must check your email address details on any Order Acknowledgement we provide and notify us without delay of any errors or omissions. We shall have no liability for failing to provide the Software where you have not fully complied with clause 8.3 below.
  
  We will provide the Help-Desk Service as detailed in clause 5.
2. We are not responsible for delays outside our control.
  
  If our supply of the Software and/or the Help-Desk Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Software you have paid for but not received.
  
  Examples of events outside our control include, but are not limited to:
  1. strikes, lock-outs or other industrial action; or
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
  5. impossibility of the use of public or private telecommunications networks.
3. What will happen if you do not give required information to us.
  
  We may need certain information from you so that we can supply the Software and/or the Help-Desk Service to you, for example, a valid email address and the full name of the person who will enter into the Licence Agreement and use the Software. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Software and/or the Help-Desk Service late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. It is your responsibility to inform us if your information changes during the term of the contract, even where we have not asked for it, and we shall have no liability for any loss you suffer as a result of us being unable to provide the Software and/or the Help-Desk Service, any periodic updates to the Software and/or any auto-renewal under clause 8.6 as a result of you not promptly providing us with such updated information.
4. We may suspend supply of the Software and/or the Help-Desk Service if you do not pay.
  
  If you do not pay us for the Software when you are supposed to (see clause 13.4), we may suspend supply of the Software and/or the Help-Desk Service until you have paid us the purchase price in full for the Software. We will contact you to tell you we are suspending supply of the Software and/or the Help-Desk Service until we have received full payment for the Software in cleared funds.
5. We may suspend supply of the Software and/or the Help-Desk Service if you use the Software on more devices than you have paid for under your order for the Software.
  
  If you use the Software on more devices than you have paid for under your order for the Software, we may, at our sole discretion either:
  1. suspend the supply of the Software and/or the Help-Desk Service until you have paid for all such additional use in full; or
  2. terminate the contract in accordance with clause 11.1.4
6. Annual auto-renewal of the contract for the Software
  
  Unless you have opted out of annually auto-renewing your contract for the Software, the following provisions of this clause 8.6 will also apply to you.
  1. Reminders
    
    We will send you reminders by email that your contract for the Software is due to be auto-renewed, from 30 days ahead of the date on which the Licence Period for the Software is due to expire.
  2. Cancellation of the Software contract renewal
    
    If you do not wish to proceed with the annual auto-renewal of the contract for the Software, you must cancel in accordance with the procedure set out in clause 9 below. The same terms applicable to receiving a refund of the price you paid for the Software will apply where you have opted for annual auto-renewal of the Software.
  3. Opting out of the annual auto-renewal of the Software
    
    You may opt out of the annual auto-renewal of the Software at any time by notifying us in writing, on the condition that no payments are due and outstanding to us. Any outstanding payments shall immediately become due for payment by you and must be settled in full by you in cleared funds before your opt-out will be processed by us.
  4. Updating your information
    Upon annual auto-renewal, payment shall be taken for the next year upfront using the payment details we currently hold for you and the Software and/or any updates to the Software will be supplied to you using the information we currently hold for you. We shall have no liability for any loss you suffer as a result of us being unable to complete the annual auto-renewal, provide the Software and/or the Help-Desk Service and/or any periodic updates to the Software on any device(s) as a result of you failing to promptly advise us of your updated information in accordance with clause 8.3.
YOUR RIGHTS TO END THE CONTRACT
1. You can always end your contract with us.
  
  Your rights when you end the contract will depend on whether there is anything wrong with the Software and/or the Help-Desk Service, how we are performing and when you decide to end the contract:
  1. If the Software you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Software repaired or replaced or to get some or all of your money back), see clause 12;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
  3. If you have just changed your mind about the Software, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
2. Ending the contract because of something we have done or are going to do.
  
  If you are ending the contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any Software which has not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an upcoming amendment to these terms and conditions and/or the Licence Agreement under clause 7.3, which you do not agree to;
  2. we have told you about an error in the price or description of the Software you have ordered and you do not wish to proceed;
  3. there is a risk that the supply of the Software and/or the Help-Desk Service may be significantly delayed because of events outside our control;
  4. we have suspended the supply of the Software and/or the Help-Desk Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
  5. you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013).
  1. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 in relation to Software are explained in more detail in these terms. We allow our consumer customers a 30 day “cooling-off period”, which is more generous than the 14 day period under the Consumer Contracts Regulations 2013. This does not, however, affect your legal rights under statute, please see clause 12.2.
  2. If you have opted for the annual auto-renewal of the contract for the Software under clause 8.6, you will have a 30 day “cooling-off period” from the date on which each annual payment for the Software is taken by us.
4. When you don't have the right to change your mind.
  
  Under the Consumer Contracts Regulations 2013, you do not have a right to change your mind in respect of the Software after you have started to download or stream it, however we offer more favourable terms and allow you to change your mind within the 30 day “cooling off period” even after you have downloaded and begun using the Software.
5. How long do I have to change my mind?
  1. You have 30 days after the day you receive our Acceptance, to change your mind and receive a full refund of the purchase price for the Software. If we delivered the Software to you immediately, and you agreed to this when ordering, you would not normally have a right to change your mind under the Consumer Contracts Regulations 2013, however as we offer our consumer customers more favourable terms, you may change your mind within the aforesaid 30 day “cooling-off period” even after you have downloaded and begun using the Software.
6. Ending the contract where we are not at fault and there is no right to change your mind.
  
  Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but sums may be due from you for the period in which you have used or had access to the Software. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the period under the Licence Agreement during which the Software will not be provided to you.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
1. Tell us you want to end the contract.
  
  To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call customer services on 01202 405405 or email us at sales@eset.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  2. By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address including details of what you bought, when you ordered or received it and your name and address.
2. How we will refund you.
  
  We will refund you the price you paid for the Software by the method you used for payment. However, we may make deductions from the price, as described at clause 9.6 and below.
3. When your refund will be made.
  
  We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
1. We may end the contract if you break it.
  
  We may end the contract for the Software and/or the Help-Desk Service at any time by writing to you if:
  1. you warrant that you are a consumer under clause 1.3 and enter into a contract under these terms and conditions as a consumer customer, but we have reasonable grounds to believe that you are a business customer and/or are acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf;
  2. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Software and/or the Help-Desk Service;
  4. you use the Software on more devices than you have paid for under your order for the Software and fail to pay for all additional usage when requested to do so by us;
  5. you fail to enter into, or materially breach the terms of, the Licence Agreement, including (but not limited to) where you have opted for annual auto-renewal under clause 8.6;
  6. you fail to fully comply with your obligations under clause 4.5;
  7. the Software is discontinued and/or it becomes not possible for us to supply the Software for any reason; or
  8. a Brexit Trigger Event occurs and clause 3.6.2.2 applies.
2. You must compensate us if you break the contract.
  
  If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Software we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE SOFTWARE
1. How to tell us about problems.
  If you have any questions or complaints about the Software and/or the Help-Desk Service, please contact us. You can telephone our customer service team at 01202 405405 or write to us at sales@eset.co.uk or ESET UK, Third Floor, Ocean 80, 80 Holdenhurst Road, Bournemouth, BH8 8AQ.
2. Summary of your legal rights.
  We are under a legal duty to supply Software and/or a Help-Desk Service that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Software. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Digital Content:

If your product is digital content, for example software, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you're entitled to a repair or a replacement.

c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.