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IT Support Terms and Conditions

1. This agreement shall commence on the date specified in the schedule hereto and shall continue thereafter until terminated by either Party hereto giving to the other party at least thirty days written notice expiring on an anniversary of the commencement date. Such termination shall be without prejudice to any antecedent rights of either party, which have risen prior to the date on which termination takes effect.

2. The annual charge to be paid by the customer is set out in the said schedule. The supplier shall have the right to amend the said annual charge in respect of years subsequent to the first year by giving 7 days notice to the customer expiring on the anniversary of the commencement date.

3. The said annual charge is payable in advance on the commencement of this agreement and on every anniversary of that date while this agreement continues in force. If it is not paid by the due date or if any other sums payable hereunder are not paid within 7 days of demand thereof, the supplier at its sole option have the right to immediately terminate this agreement and its obligations hereunder shall immediately thereupon be at an end, but without prejudice to the suppliers legal rights in respect of all antecedent breaches of the terms of this agreement, and if it does not notify the customer forthwith of such Termination then the agreement shall continue but the obligations of the supplier shall be suspended while any payments due hereunder are unpaid. The suspension of the agreement shall not relieve the customer from liability for payment of all sums due hereunder.

4. Service calls by the suppliers employees shall be made between the hours of 9am to 5pm Mondays to Fridays inclusive (excluding public holidays). If service is provided outside such hours it shall be subject to an additional charge at the standard rate of charge of the supplier for labour for time involved, including travelling time, the supplier will give details of rates on request. The supplier shall further have the right to make an additional charge if the customer requests a service visit without good reason.

5. The supplier shall provide a good standard of workmanship and parts of merchantable quality.

6. The supplier shall use its best endeavours to begin the service within 8 working hours of the customer’s request thereof and shall complete the service as promptly as is possible in the circumstances.

7. The supplier shall carry out all work hereunder to a reasonable standard and shall not be liable to the customer for any loss or damage whatsoever, however caused, whether by negligence or otherwise, which may arise directly or indirectly as a result of this agreement and in particular the supplier shall not be liable for any consequential loss or damage suffered by the customer which arises, whether as a result of negligence or otherwise howsoever, from the performance of any of the terms of this agreement.

8. The supplier shall not have liability for breach of this agreement by it if such breach is a consequence of circumstances outside its reasonable control.

9. The customer shall afford the supplier access to the said equipment for the aforesaid purposes and for carrying out the servicing of the same and shall provide adequate working space and facilities for the supplier’s employees, and shall afford all possible assistance in the diagnosis of faults and malfunctions in the said equipment.

10. The customer shall make all documentation and software needed for maintenance and repair of the said equipment available on request to the supplier’s employees.

11. The customer shall forthwith comply with all instructions given by the supplier concerning operation and use of the said equipment.

12. The customer shall make available to the supplier all up to date back up copies of the data and programs upon request. The supplier cannot be held responsible for any loss of data
howsoever caused.

13. Nothing herein contained shall exclude liability on the supplier for the death of or injury to any person so far as the same arises due to the supplier’s negligence or that of its servant, agents or other duly authorised by it.

14. Without prejudice to the foregoing, the supplier shall not be liable for loss or damage of whatsoever kind caused by, or suffered through, failure of the customer, to maintain up to date back up copies of the data and programs used in the said equipment or to the extent that such loss or damage would have been mitigated had the customer maintained such back up copies.

15. If the customer breaches any obligation in this agreement and fails to remedy such breach within 7 days of being required to do so by the supplier or (being an individual) goes into bankruptcy or makes any arrangement or composition with his creditors or (being a company) goes into liquidation (otherwise than for the purpose of reconstruction or amalgamation of a solvent company) or has a receiver appointed in respect of any of its assets, the supplier may forthwith thereupon terminate this agreement by written notice to that effect, and such termination shall be without prejudice to the legal rights of the supplier against the customer which have arisen prior to such termination.

16. Any notice required or permitted to be given hereunder may be sent by post to the party to be served at the address for that party specified overleaf and a notice to be sent by pre-paid post shall be deemed to have been received by the party to which it is addressed at the time which it would have been delivered in the ordinary course of the post.

17. This agreement contains all of the terms of contract in this matter and no variation of the terms of this agreement shall be valid unless in writing and signed by both of the parties hereto.

18. No time or other indulgences granted to the customer by the supplier shall constitute waiver of any rights or remedies available to the supplier under this agreement.

19. This agreement is personal to the customer and shall not be capable of transfer or assignment by the customer.

20. If any term, condition or provision of this agreement is invalid, unlawful or unenforceable to any extent the same shall be deemed to be severed from this agreement and the other terms, conditions and provisions of this agreement shall continue to be valid and shall remain enforceable to such extent as is allowed by the applicable law.

21. The law applicable to this agreement shall be the law of England and Wales