Compatibility - SERVERcare Terms, Sussex, Surrey, Kent, Hampshire, South East

PRIORITYcare with SERVERcare Terms

Computer Equipment Support Contract Terms & Conditions

1. GENERAL TERMS

• All prices are quoted in pounds sterling excluding VAT, installation and delivery unless specified otherwise.
• Travel, installation, time on-site, remote work and workshop time is charged at £49.00 per hour.
• Compatibility Ltd will advise and take all possible precautions to protect the Customer’s data. However, 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, prior to the commencement of any work.
• All work is carried out on a ‘best efforts’ basis.
• Payment terms are payment on receipt of goods unless otherwise specified or arranged.
• The property and ownership of any goods and services collected by or delivered to a purchaser shall not pass to the purchaser until payment in full has been received for the same by Compatibility Ltd. Compatibility Ltd reserves the right to remove the goods if payment has not been received in full. The goods and services will then be sold for their residual value and the Customer liable for the difference between the full invoice price and the value received for the goods. Compatibility Ltd reserves the right to charge interest at 2.5% per month on overdue accounts.
• No goods or services may be returned without prior agreement. This does not affect your statutory rights. E.& O.E.

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 a server or total system failure.

3. COVER (PRIORITYcare)

The Company will provide support in respect of all computer 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).

• reinstallation of software, which has become necessary as a result of user intervention or computer viruses, will be charged at the prevailing contract rate.
• Telephone support is given free for each instance up to 10minutes duration. Any job or task that would normally be carried out on-site can be carried out over the telephone however, time will be charged at the prevailing contract rate, thereby saving the customer the cost of travelling time. Free telephone support is designed to cater for small and numerous queries of a non-recurring nature

4. COVER (SERVERare)

Such maintenance and support of server(s) will cover all remote administration of the server(s). The cover will exclude:

• consumable items
• recovery of software data
• damage or loss resulting from accidental damage, environmental hazards, power surges, unlawful acts, theft, transportation, neglect, Acts of God, misuse or uses other than ordinary use
• the training of personnel in the use of software or hardware
• damage caused by operator error or failure to comply with the manufacturers’ or the Company’s recommendations for the proper use of the equipment
• damage caused by use of the equipment after the fault has been or should have been noticed by the operator
• reinstallation of software, which has become necessary as a result of user intervention or computer viruses.
• Telephone support is given free for each instance up to 10minutes duration. Any job or task that would normally be carried out on site can be carried out over the telephone however, time will be charged at the prevailing contract rate, thereby saving the customer the cost of travelling time. Free telephone support is designed to cater for small and numerous queries of a non-recurring nature.
• Remote support (where possible) is given free for each instance up to 10minutes duration. Any job or task that would normally be carried out on site can be carried out remotely however, time will be charged at the prevailing contract rate, thereby saving the customer the cost of travelling time. Free remote support is designed to cater for small and numerous queries of a non-recurring nature. 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.

5. LOAN EQUIPMENT

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

6. UNECONOMICAL REPAIR

If any item of equipment can no longer be subject to economic repair or maintenance the Company will submit a refurbishment cost estimate.

7. TRANSFER OF OWNERSHIP OF 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.

8. RIGHT TO SUB-CONTRACT

The Company reserves the right to sub-contract its repair and maintenance obligations.

9. PERIOD

The period of cover is indefinite, from the Commencement Date of this Agreement. Either party may terminate this agreement giving 12months written notice after the first year; otherwise the contract shall remain in force.

10. CUSTOMER OBLIGATIONS

The Customer shall:

• pay the contract fee specified. Such payment shall be made without any deduction on account of any disputes or cross claims whatsoever; no such disputes or cross claims shall give the customer any right to determine this agreement.
• ensure that the environment and supply conditions for the equipment are maintained in accordance with the recommendations of the manufacturer and The Company;

11. UNREASONABLE HOURS

Unsociable hours, namely after 6.30pm weekdays, weekends and statutory holidays, will be charged 1.5 times the contract rate at the time of service.

12. 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.

13. 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.

14. 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.

15. TERMINATION

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

• if The Company is unable to fulfil its obligations as a result of unacceptable delays or unavailability in obtaining replacement parts or in any other circumstances beyond The Company's control;
• if The Customer goes into liquidation, administration or receivership of any of its assets is appointed;

16. 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 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.
• Condition 16(i) shall not apply to information which:
  1. is or becomes public knowledge (otherwise than by breach of these Conditions or a breach of an obligation of confidentiality);
  2. is in the possession of either party, without restriction as to its disclosure, before receiving it from the Company and or customer.
  3. is required by law to be disclosed.
• The obligations contained in this Condition shall continue to apply after the expiry or termination of the Contract.
• The Company and the customer shall not handle or examine any document or thing bearing classification of “Confidential” without the prior written consent of the Company or the customer.
• The Company and the customer shall not communicate with representatives of the general or technical press, radio, television or other communications media, with regard to the Contract, unless previously agreed in writing with the other party.
• Except with the prior consent in writing of the Company or the customer, the Company or the customer shall not make use of the Contract or any Confidential Information otherwise than for the purposes of carrying out the Services.

17. 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 with the prior agreement of the customer. The customer acknowledges that it has read and agreed the fees on the quote.

18. 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.