SystemCare support contract

Standard terms & conditions

1. General terms

2. Response time

The Company (Compatibility Ltd) will use all reasonable endeavours to respond immediately. However, we guarantee to respond within eight working hours of a telephone call requesting system support, or four hours in the case of the optional server support or total system failure.

3. SystemCare Advanced

The Company will provide support in respect of all specified equipment and software defined by the Company and the customer. This is based on a normal Monday to Friday working week of 9.00am to 5.30pm (excluding statutory holidays).

3.1 The support of server(s) provided by the optional terms of this contract will cover all remote and telephone support of the server(s). The cover will also include all parts required for the server(s), when the server(s) has been supplied by the Company. However, the cover will exclude the following items, all of which relate to the server only:

Workstations and other non-server equipment

Any job or task that would normally be carried out on-site that can be carried out over the telephone will be charged at the prevailing contract rate, thereby saving the customer the cost of travelling time. All remote support for non-server equipment will be charged at the contract rate. The cover also includes periodic checking of data backups (where possible). However customers are reminded that ultimately Compatibility Ltd takes no responsibility for the Customer’s data and programs. The backing-up and securing of data and programs is the Customer’s responsibility.

Advanced Options for Complex Systems

The Company will provide proactive 15 minute server health monitoring. Remote workstation and laptop health monitoring. Free remote support for all users. Remote workstation and laptop antivirus checks. Server performance tracking and alerting and rapid-response server hard drive replacement.

4. Loan equipment

The Company may at its option provide, on loan, a temporary substitute unit for any items(s) of equipment.

5. Transfer of ownership parts

All defective parts permanently removed by the Company shall become the Company’s property and the replacement parts shall become the property of the Customer, subject to the Company’s standard reservation of title clause.

6. Right to sub-contract

The Company reserves the right to sub-contract any repair obligations.

7. Period

The period of cover is indefinite, from the commencement date of this Agreement; unless the period of the agreement is specified differently in the specific customer quote.

8. Customer obligations

The customer shall:

9. Unreasonable hours

Out of Hours service and round-the-clock 24/7 cover are both available as options, additional to the contract. Otherwise unsociable hours, namely after 5.30pm weekdays up to 20:00hrs will be charged at time and a half. After 8pm weekdays, weekends and statutory holidays, will be charged 2.0times the contract rate at the time of the pre-agreed service.

10. Existing warranties

Should equipment, covered by this agreement, be the subject of an existing manufacturer’s warranty the Company reserves the right to invoke such warranties if components fail and arrange repair or replacement under the warranty terms. Should such components have been replaced then the title of the repaired items will revert to the Company.

11. Exclusivity

The Customer will exclusively use the computer support services of the Company for the duration of the agreement. Should an unforeseen event arise, which requires computer support services of another organisation then the Company will not take any responsibility for any work done by another third party unless arranged through the Company.

12. Sales

The Company shall be considered a “preferred supplier” to the customer and given every opportunity to quote for the supply of computer equipment to the Customer.

13. Termination

Without prejudice to any other rights The Company shall be entitled by written notice to terminate this agreement if:

14. Confidentiality (reciprocal arrangement)

Both the Company and the customer agree not to disclose any Confidential Information to any third party without the prior written consent of either the Company or the customer. To the extent that it is necessary for the Company or the customer to disclose Confidential Information to its staff, agents and sub-contractors, the Company or customer shall ensure that such staff, agents and sub-contractors are subject to the same obligations as the Company and the customer in respect of all Confidential Information. This condition shall not apply to information which:

15. Pricing

The customer shall pay fees to Compatibility Ltd as specified on the quote. Such fees may be varied by the Company from time to time. The customer acknowledges that it has read and agreed the fees on the quote.

16. Jurisdiction

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.