DEFINITIONS
Goods:
All articles sold to the Customer, including replacements for defective Goods and software products licensed for use by the Customer.
Provision of service:
All labour and maintenance fees, and provision of Internet and related services.
Contract:
The Contract between the Customer and Smart IT Support Ltd. for the sale of goods or provision of service.
Acknowledgement:
All orders will be accepted by Smart IT Support Ltd. subject to and in accordance with the following terms and conditions of sale, which shall be deemed to be incorporated into a Contract for the sale of Smart IT Support Ltd. Goods and provision of services. By the placement of an order by whatever means, the Customer will be deemed to have acknowledged and accepted the said terms and conditions that may be included in any written document including any order form from the Customer, except by prior written agreement.
Quotations:
Quotations will remain valid for fourteen days from date of quotation.
V.A.T.:
All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.
SETTLEMENT TERMS:
a) Other than with the prior written agreement of Smart IT Support Ltd., all payments are due upon receipt of order.
b) A daily interest rate of the current base rate + 8%, plus compensation will be imposed on invoices still outstanding after thirty days with a minimum charge of £1.00.
c) Smart IT Support Ltd. reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer.
d) If legal action is taken to recover monies due to Smart IT Support Ltd., then Smart IT Support Ltd. reserves the right to charge the Customer an administration charge plus the cost of such legal action. Administration charges are currently 10% of total debt, or £50 (whichever is the greater) for debts up to and not exceeding £1000, and 5% for debts exceeding £1000.
e) If Smart IT Support Ltd. use a third party debt recovery company to recover any outstanding invoices the costs associated with the collection of the debt will be payable by the customer.
NEW ACCOUNTS:
A Customer wishing to open a credit account must fully complete and return a Smart IT Support Ltd. Credit Application Form. Smart IT Support Ltd. reserves the right in its absolute discretion to grant, refuse, or discontinue any credit facilities at any time.
GUARANTEE:
a) All goods supplied by Smart IT Support Ltd. are supplied with a manufacturer’s guarantee or Smart IT Support Ltd. guarantee.
b) The guarantees that are supplied vary in duration.
c) It is the Customer’s responsibility to check at the time of purchase whether Smart IT Support Ltd. guarantee is applicable and, if so, its duration. Where Goods or Service are covered by Smart IT Support Ltd. guarantee, the following applies:
Any defects which under proper use appear in Goods supplied, or service provided within a period of twelve months (unless otherwise stated) after delivery/provision of service and which are due to faulty materials, workmanship or design will be made good by Smart IT Support Ltd., either by repair, or at Smart IT Support Ltd. discretion, by replacement, provided the Goods are returned in accordance with the “Returns” clause below. Smart IT Support Ltd. guarantee is provided by Smart IT Support Ltd. and accepted by the Customer in substitution for all express or implied representations, conditions, or warranties, statutory or otherwise, as to the state, satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.
d) Where goods are covered by a manufacturer’s guarantee, then Smart IT Support Ltd. liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer.
e) Smart IT Support Ltd. sole obligation and the Customer’s sole remedy under this provision is limited to the reasonable cost of repair or replacement of Goods supplied.
RETURNS:
a) No order may be returned without the previous written agreement of Smart IT Support Ltd.. Without such written agreement, Smart IT Support Ltd. will not accept the return of any Goods incorrectly ordered or no longer required by the Customer. Returned goods will be subject to a restocking charge representing 30% of the value of the goods.
b) Smart IT Support Ltd. will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.
c) Smart IT Support Ltd. will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Smart IT Support Ltd. opinion on this is final.
d) Without prejudice to “Returns” (a) to (c), Smart IT Support Ltd. reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.
e) In the event of a return where the customer has received additional discounts or free items these must be repaid / returned along with any returned items.
DELIVERY:
Smart IT Support Ltd. will use its reasonable endeavours to deliver Goods/provide service in accordance with delivery/completion schedules agreed with the Customer, but cannot accept any liability whatsoever for failure to do so, however arising.
OWNERSHIP:
The title to any Goods supplied will not pass to the Customer until payment in full of all sums due from the Customer to Smart IT Support Ltd., inclusive of all and any cost of service provision and labour charges, has been made. If payment (whether in full or in part) is not made by the due date, in accordance with “Settlement Terms” clause (a) to (e), or the Customer is wound up, or a receiver appointed over any assets or the undertaking of the Customer or an execution or distress be levied against the Customer, Smart IT Support Ltd. will be entitled without prior notice to the Customer or any liquidator or receiver to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
CALL OUTS:
In these Terms, “normal office hours” means the hours from 8:30am to 5:00pm, Monday to Friday except public and bank holidays. Smart IT will respond to problems as per Service Levels outlined.
Smart IT cannot guarantee a completion time for the work on your equipment, any time frame suggested is an estimate and may be subject to change. Most work is carried out onsite although where the issue is complicated and/or unfixable onsite a pick up and return workshop service is available at the standard service rate.
Smart IT does not charge a call out fee although a minimum 2 hour charge plus mileage (charged at 50p per mile) applies to all onsite calls.
Smart IT operates on an hourly fee basis. This charge is £85 per hour (exclusive of VAT) unless otherwise agreed in writing.
Any figure stated by Smart IT (or its staff) regarding work to be done on your equipment is an estimate and may be subject to change. Smart IT will advise you beforehand of any major problems with your equipment that may lead to higher/uneconomical repair charges.
Smart IT cannot under ANY circumstances accept liability for loss of data from your equipment. Whilst every effort is made to avoid data loss, it is the client’s responsibility to ensure that adequate data backup has been made before submitting the equipment to us.
Smart IT shall not be liable for any damages in connection with or as a consequence of the repair or servicing of any equipment, including but not limited to: loss of profits or revenue, data loss, or loss of use of equipment or other down-time costs. Without limiting the generality of the foregoing, because the equipment requires set-up or servicing from Smart IT, and there is risk of data loss, the Customer is fully responsible for the creation and storage of all backup data.
In the eventuality that a piece of software or hardware maintained becomes worn beyond repair or the manufacturer is unable to supply parts or technical information or fixes, then Smart IT reserves the right to withdraw the services on the piece of software or hardware affected unless the Customer initiates replacement, refurbishment or upgrade as per Smart IT recommendations.
Smart IT will enforce and maintain customer confidentiality at all times and will not disclose any non-public information about the customer to any 3rd parties. Smart IT acknowledges that all information, files, knowledge or any other data in respect of the customers IT infrastructure or business whilst engaged under the terms of this agreement will be treated at all times as strictly confidential.
The Customer will take all reasonable precautions to ensure the health and safety of the Service Provider’s employees whilst on Customer Premises
The Terms and Conditions above are designed to set out in broad terms the service Smart IT will and will not provide for its Customers. It is understood by both Smart IT and its clients that due to the complex nature and the design of Software that advertised specific functions of some software may or may not work as designed on all computers. We will at all times make every effort to ensure such applications work, however we do not guarantee this.
DOMAIN NAME MANAGEMENT SERVICE:
Smart IT will collect and submit all documentation necessary for registering, transferring and renewing your domain names for you, whilst also managing and maintaining all relationships with the relevant authorities.
Transferring your domain name away from Smart IT is free of charge provided all outstanding invoices have been paid in full.
Failure to pay overdue invoices within 30 days of issue may result in your domain name(s) being suspended until overdue invoices are paid in full.
NON POACHING
The customer shall not without the written consent of Smart IT employ or offer to employ any person who is, or was during the period of 6 (six) months prior to such employment or offer, an employee of Smart IT.
CALL RECORDING
Telephone calls to and from Smart IT may be monitored and recorded for record-keeping, training and quality-assurance purposes.
FORCE MAJEURE:
Smart IT Support Ltd. shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Smart IT Support Ltd. shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.
CANCELLATION:
If the Customer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Customer fails to make payment for Goods supplied or Service provided when due, in accordance with “Settlement Terms” clause (a) to (d), Smart IT Support Ltd. will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Smart IT Support Ltd. and the Customer.
LEGAL CONSTRUCTION:
All Contracts between Smart IT Support Ltd. and the Customer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.