1.1 Purpose of Document:
The purpose of this document is to outline the IT services Terms and Conditions offered by Network Limited to its clients.
Supplier: Network Limited
Company Number: 4498416
Office: Seven Stars House, 1 Wheler Road, Coventry, CV3 4LB
Telephone: 024 7601 0100
Client: Anyone requesting support or development from Network Ltd
Working Hours: Working hours are 09:00 hrs to 17:30 hrs GMT, Monday to Friday, excluding UK Public Holidays.
Language: Support Language is English.
2 THE CONTRACT:
It is deemed that you have read, understood and agreed to these Terms and Conditions, if you ask for IT support from Network Limited, whether by phone, an arranged visit, e-mail or any other method.
For ease of reading the phrase Network, where used below, will always refer to Network Limited.
2.3 Pay As You Go
Network can work on a “Pay As You Go” basis, unless we have agreed a regular Maintenance and Support Contract or development contract separately.
2.4 Fees and Charges
Network charges £50 per hour plus VAT for IT support and £75 per hour plus VAT for Software Development.
If you are within 15 miles of Coventry or Royal Leamington Spa, we don't charge additional mileage but our travel time will be charged for. Where mileage is charged, it is at the Inland Revenue rates: http://www.hmrc.gov.uk/rates/travel.htm.
There is No call out fee, (except for urgent and outside working hours requests).
When we work on your system in our workshops we only charge for “hands-on” time; this means we don’t charge for time when the PC is loading a program, for example.
Charges are for labour only and do not include any parts that need supplying, fitting or replacing.
2.5 Service Provision
When ordering this service you are agreeing to the immediate provision of the service and you cannot cancel it under the Consumer Protection (Distance Selling) Regulations 2000. This service is not a substitute for you taking appropriate steps to maintain and safeguard your computer systems using regular backups, running up-to-date anti-virus products and adopting other relevant security and maintenance procedures.
In providing this service we will use our best efforts to provide remote and on-site support within the timescales agreed with you. However all dates and times are estimates and we cannot guarantee that we will meet them. If as part of this service you are required to install any software you agree to install and keep this software. If you refuse to install this software this may mean that we have to offer a reduced level of service or withdraw the service completely.
2.6 The Service
Network’s service provides you IT services in the following areas:
We support major business applications in the following areas:
• Video & Photography
• Specialist software products
Loading & Reloading
• Data Backups
• Data Encryption
• Firmware Updates
Advice & Help:
• IT Architecture
• New Hardware Requirements
• New Software Requirements
• IT Projects
• Software Development
2.7 Service Delivery
The methods of support offered are:
• Site Visit
• Remote Control Software
• Telephone Help Desk Support
2.8 Your Responsibilities
This service is not a substitute for you taking appropriate steps to maintain and safeguard your computer systems using regular backups, running up-to-date anti-virus products and adopting other relevant security and maintenance procedures, Network can advise and setup regular backup procedures.
2.9 Timescales and Cancellations
In providing this service we will use our best efforts to provide remote and on-site support within the timescales agreed with you. However all dates and times are estimates and we will try, but cannot guarantee, that we will meet them. This agreement can be cancelled at any time by either party by providing 30 days written notice.
Payment of invoices shall be made within 30 days of receipt, either by cheque or Bank Transfer, unless otherwise agreed in writing.
2.11 Goods Supplied
Where goods have been supplied they remain the property of Network Limited until the invoice has been settled. If the invoice remains unpaid for more than 30 days, Network reserve the right to take the goods back in to their ownership.
2.12 Software and Licences
The client will be responsible for all costs associated with Software and Licences. Where remote VPN support is required, any software enabling remote access and any licence fees for remote third party support/management software will be paid for by the client.
Network rates start from £50.00 per hour, plus VAT (where applicable). When we come to you; the rate includes our travel time i.e. from Queens Road, Coventry to you and return. If you are within 15 miles of Coventry, we don't charge additional mileage. If an overnight stay is required. The cost of this stay, including reasonable subsistence charges, is passed on to The Client at cost.
3 ARRANGING SUPPORT
3.1 Service Specifics
Service calls can be placed in a number of ways:
• Call 024 7601 0100
• Email email@example.com
3.2 Working Hours
Hours of cover are 9:00 – 17:30 Monday to Friday (excluding UK public holidays) Tasks outside normal office hours are by prior arrangement only and are billed at time and a half. Work carried out on Sundays or on a bank holiday is billed at double time.
3.2.1 Emergency Calls
In the event of an emergency call being placed, a Network engineer (or appointed contractor) will be made available to remotely diagnose the call within 4 working hours of the original call. This response time is given provided that remote access is available for our technicians. If a site visit is required, Network will ensure that an engineer (or appointed contractor) is available within 8 working hours. Emergency calls are classified as a server down or other pre-agreed elements listed in the service schedules.
3.2.2 Non-Emergency Calls
In the event of a non-emergency call being placed, an engineer (or appointed contractor) will be made available to remotely diagnose the call within 8 working hours of the original call. This response time is given provided that remote access is available for our technicians. If a site visit is required, the timescale for the visit will be agreed mutually between Network and The Client on a call by call basis.
3.2.3 Regular Visits
Regular site visits might be made on a pre-agreed arrangement and listed in the Regular Maintenance and Support Contract or development contract as agreed separately.
You must give access at the time of the agreed visit. Failure to do so may result in us charging for the missed appointment.
4.2 Fixing a Fault
If a fault cannot be rectified on-site we will give you the option to have the fault rectified off site. If any hardware requires repair we will provide you with a quotation to carry out this repair if it is an item that we can obtain parts for. If we replace your main hard drive we will re-install the operating system and restore the latest backup provided that you have the relevant software licence key(s). If your hardware is faulty and under warranty we will endeavour to liaise with the equipment manufacturer on your behalf. We will not repair any equipment under warranty. The price for this service does not include the cost of any parts, hardware or software that may be required.
4.3 You agree:
a) to our engineers or approved contractor having remote access to your computer systems
b) to install or allow us to install approved anti-virus protection to all systems (subject to any software licence fees)
c) to have technical details regarding your systems recorded on our database
d) to allow us to create any administration accounts that we may require
5 INTELLECTUAL PROPERTY RIGHTS
Where Network Ltd is employed by a client to develop software for the client the Intellectual Property developed will belong to the client unless another agreement has been reached.
5.1 Software as a service
Network Ltd retains all Intellectual Property Rights around any software that is developed by Network Ltd and provided to a client as a service.
6 DATA PROTECTION
7 EXCLUSION OF CONSEQUENTIAL LOSS
Network will not in any circumstances be liable to the Client for consequential, indirect or incidental loss (including but not limited to loss of profits or lost sales) damage or expense howsoever caused.
Both parties to this agreement warrant that they shall keep confidential any information concerning the business affairs of the other.
Should any clause in this agreement be deemed by a UK court to be unenforceable such clause or part shall be deleted without affecting the integrity of the rest of the Agreement, which shall remain valid and enforceable in accordance with its terms.
10 ENTIRE AGREEMENT
Both parties acknowledge that this Agreement expresses their entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings except such as set down hereto. The parties further acknowledge that this Agreement supersedes, terminates or otherwise renders null and void any and all prior agreements or contracts. Clause headings are understood by both parties to be for guidance only and do not limit, condition or alter any individual clause.
11 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of England and the parties to the Agreement submit to its non-exclusive jurisdiction. The place of performance of the Agreement shall be deemed in England.
This Agreement is prepared in the English language, which shall prevail over any translation in the event of a conflict of interpretation.