Maintenance Terms and Conditions

BY ACCESSING THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU ARE AGREEING TO THEIR CONTENTS. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, CONTACT US IMMEDIATELY.

PLEASE READ THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS (the Conditions) CAREFULLY AS THEY SET OUT THE AGREEMENT BETWEEN YOU (the Customer) AND US (the Company) AND YOUR RIGHTS AND OBLIGATIONS.

INTERPRETATION

In this agreement the following expressions have the meanings;-
“Company” means the name of the Company provided for on the order form or Contract.
“Customer”: means the “Purchaser”, person, company or otherwise so named on the Order Form.
“Equipment” means the equipment as described in the schedule attached to the Order Form.
“Order Form”: the document containing the Services to be delivered submitted by or signed on behalf of the Customer or any other agreement.
“Purchaser” means the person or company so named on the Order Form. The Company reserves the right to deal with anyone reasonably appearing to the Company to be acting with the Customer’s authority or permission.
“Service” means the maintenance service to be provided by the Company pursuant to this Agreement.
“User” shall have the meaning as “the Customer” above.

In this document references to “Us”, “We” and “Online” shall mean the Company. References to “You”, “Your”, “User” and “Customer” shall mean the Customer entering into this agreement. References to “Both of us” or “the Parties” shall mean both Us and You.

1. GENERAL

1.1. These specific terms and conditions are to be read in conjunction with the general terms and conditions (the Conditions) made available to the Customer. The Company has the right to amend these or the general terms and conditions at any time provided the Customer is informed following the changes, as detailed in the Conditions.
1.2. In the event of a dispute between these and the general terms and conditions, these specific service related terms and conditions shall override the general terms and conditions solely in relation the specific clause.

2. DURATION

2.1. The Services shall continue for a Minimum Term of 5 years for companies with 10 or more employees and 1 year for companies with less than 10 employees, or for the Minimum Term stated on the Order Form. This period commences on the date of the signed the Order Form.
2.2. Failure to give notice of termination will result in the contract continuing in full force, for further periods each equivalent to the Minimum Term until terminated in accordance with the Conditions.

3. MAINTENANCE SERVICE

3.1. The Service provided by the Company shall cover all parts and labour necessary to restore the Equipment to its full working state.
3.2. This Service does not cover service required by reasons of accidental or negligent damage caused by misuse of the Equipment attempted or actual repair or adjustment or tampering by an unauthorised person. The Company shall be entitled to invoice and be paid for any repair so caused, or any other work occasioned by a cause outside the normal maintenance service specifications.
3.3. This Agreement does not cover any existing or old internal or external cabling used in connection to any new system.
3.4. This Agreement does not cover any internal or external cabling after one year from installation.

4. AN AGREEMENT FOR HARDWARE MAINTENANCE

4.1. If determined by the Company that the equipment required routine maintenance, the User agrees that access and time will be allowed for the purpose of such maintenance of the equipment. The User agrees to abide by the pre-arranged availability of the equipment or to pay a charge for waiting time if the Company personnel are denied access to the equipment
4.2. the Company shall only be responsible for the rectification of defects in equipment arising after the commencement date of the agreement.
4.3. The User will initiate a call as a result of malfunction and the Company undertake to support the call as promptly as they are able, subject to the terms set out in the Order Form.
4.4. Materials and components which are found to be defective due to wear and tear will be replaced subject to, and providing that replacement is necessary for the equipment to function and that they are not classified as consumable items.
4.5. If damage, which necessitates the replacement of parts, has been caused by mis operation or maltreatment, whether through ignorance or other causes, including lack of attention by User to carry out necessary minor maintenance, then the Company reserve the right to charge the use for the parts replaced and the labour involved in replacing them.
4.6. If a unit part or assembly in the equipment has exceeded its reasonable life and constitutes a major source of problems of unreliability then the Company may at its option, and upon giving not less than one months’ notice in writing to the User, request the User, to replace the part or assembly at the User’s entire expense, failing which the Company , shall be entitled to strike out that part or assembly from the schedule of the agreement and this same deletion shall have the effect from the date of expiry of the notice referred to above.
4.7. Maintenance does not include:-
4.7.1. The provision of operating supplies or accessories including media such as tapes and removable discs, or consumables, type elements, ribbons, etc., without prejudice to generally hereof.
4.7.2. Performing electrical work external to the equipment or maintenance of accessories, attachments or other devices not specified in this agreement.
4.7.3. The Operating System, software of any type or data in any form.
4.7.4. Manufacturers defect or incompatibilities (e.g. date related issues) not covered under the suppliers warranty.
4.7.5. Damage resulting from fire, theft, vandalism, flood, electrical power surges, unsatisfactory environmental conditions, telephone line conditions and other eventualities which should be covered by customers business insurance.
4.7.6. Damage resulting from incorrect use of Portable Appliance Testing Equipment.
4.7.7. Providing the latest manufacturer software or settings to prevent any acts of fraud or other criminal or civil offence, carried out through the maintained equipment.
4.7.8. Performing any tasks on items not included on the order form
4.8. The User agrees to:-
4.8.1. Carry out any minor maintenance routines or instructions as called for from time to time by the Company or as set out in the equipment manufacturer’s handbooks.
4.8.2. If advised, use only those materials and supplies approved by the Company when operating the equipment or carrying out minor maintenance routines.
4.8.3. Protect and secure data and system software by regular backup procedures and to have such available to the Company personnel should they be required.
4.8.4. Notify the Company or any intention to move, alter or attach to the equipment list in the schedule. And acknowledge that without the Company written consent (which will not be unreasonably withheld) then the Company responsibility for maintenance thereof shall be in absence of such agreement. the Company shall then have no responsibility.
4.8.5. Operate, use and generally treat the equipment in a prudent and proper manner and avoid any activity, which could be prejudicial to the correct functioning of the equipment.
4.8.6. Ensure that the equipment location is kept clean and tidy and if requested that space provided to allow access to, and work to be carried out on the equipment listed on the schedule.
4.8.7. Ensure all passwords and security measures are maintained, as well as ensuring that any access is controlled.
4.9. The Company shall not be responsible for repairing any of the equipment, which cannot reasonably be repaired to an acceptable operating condition.
4.10.The Company shall not be liable in respect of failure to provide maintenance services hereunder where such failure is due to circumstances beyond the reasonable control of the Company.
4.11.The Company reserve the right to cancel its maintenance obligations if the manufacturer of the equipment is unable or unwilling to supply spare parts and replacement equipment to the Company and the Company is unable to obtain such spare parts or replacement equipment from alternative sources at equivalent prices.
4.12.The User hereby agrees to indemnify the Company and any of its personnel or agents up to a limit of one hundred thousand (£100,00) pounds sterling in respect of any one incident involving damage, loss, or injury by the User.
4.13.The Company’s liability to the User in respect of damage, loss or injury in respect of this Agreement shall be limited to One Hundred Thousand (£100,000) pounds sterling per incident and a maximum of Five Hundred Thousand (£500,000) pounds sterling in any one year. the Company shall have no liability for the reinstatement of software or data as a result of any incident.
4.14.The Company shall, under this agreement, have no responsibility for operating system, software, or users’ data nor shall they be responsible for the re-instalment of the above.

5. REPORTING FAULTS

5.1. It is the responsibility of the Customer to contact the Company and report any fault as soon as possible.

6. SITE RECORDS

6.1. It is the responsibility of the Customer to ensure that the site records provided by the Equipment supplier to the Customer on installation of the Equipment are kept in order, and are available to the Company’s staff immediately on request.

7. NETWORKS

7.1. All charges made by networks shall be entirely the responsibility of the Customer. For example some network faults may incur additional network charges. Network faults are not covered under any maintenance contract with the Company.

8. ABORTIVE CALL OUT

8.1. If the Customer requests Service and a member of the Company’s staff attends the Customer’s site and no fault is found or the fault is not related to the Company’s services, the Company shall be entitled to charge and be paid for the cost of the time expended and travel at the Company’s standard rates from time to time plus VAT.

9. PAYMENT OF CHARGES

9.1. Payment of all invoiced amounts shall be made by the Customer in advance of any service provided by the Company. The Company reserves the right to withhold services if the annual charge payable shall be in arrears.
9.2. The Customer agrees to be bound by the Company’s published price list as amended from time to time. The Company reserves the right to increase its charges up to a maximum of 20% per annum without prior notice.

10. LIABILITY

10.1.Any faults on externally connected computer hardware or software caused during installation or thereafter are not covered under this agreement. The Company shall in no circumstances be liable for any loss of profit, business or production caused by the hardware or software going out of use or malfunctioning.
10.2.If work is required to be carried out on Customer owned IT systems, servers, PC’s in relation to our services, the Company shall in no circumstances be liable for any loss of profit, business or production caused by hardware or software going out of use or malfunctioning.
10.3.The Company is not responsible for any acts of fraud, criminal or civil offences carried out through the maintained equipment by the Customer, their agents or third party.

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