Service - T's & C's
Services Terms & Conditions
1.0 Interlink-IT IT Interlink and ITTS are
trading styles as part of IT Total Solutions LTD. All Business
conducted is on behalf of IT Total Solutions LTD. ITTS refers to IT
Total Solutions Limited within this and all documents.
2.0 Unless otherwise agreed in writing by IT
Total Solutions, all services, hardware, software and any other
equipment to be provided by IT Total Solutions will be provided
subject to and in accordance with these terms and conditions, all
other representations, terms, conditions and/or warranties, express
or implied, are hereby excluded and negated. Where IT Total
Solutions agrees to any provision which is inconsistent with, or
supplementary to, these conditions then these conditions shall be
amended only to the extent necessary to give effect to such
additional provision(s).
2.1 All services to be provided by IT Total
Solutions will be provided at the contract rate shown in the
quotation (plus disbursements at cost); all costs and conditions
are accurate at time of print and are subject to change without
prior warning. All efforts are taken to ensure that this
information is accurate for the duration of the contract period. If
IT Total Solutions or any of its trading styles is required by the
customer to spend additional time or expend
additional resources on the contract, this will be charged at
current rates to the agreed contract.
2.2 IT Total Solutions reserves the right to send
substitute consultants / contractors or ITTS staff at any time in
order to complete the project on time or to meet required levels of
agreement.
2.3 IT Total Solutions will at all times be
regarded as an external entity undertaking the project under a
contract for products and/or services and shall not be under the
day to day control of the clients company or staff and shall not be
required to use your equipment unless otherwise agreed or to be
under exclusive contract to you or to be regarded as part of the
clients business.
2.4 All invoices are to be paid by the Customer
within 14 days of the date of the invoice (the "due date"), unless
otherwise agreed. All prices exclude VAT. Travel and accommodation
costs may be applicable on an individual or packages basis. Charges
of up to 8% may be applicable for late or failed payments. This
will be individually charged per 5 working day intervals for
requested payment.
3.0 Where bespoke software & hardware has
been supplied, the Customer shall supply to ITTS test data suitable
to test all aspects of the software and ITTS shall process such
data with the software by way of acceptance testing. Immediately
after successful processing of such data by ITTS the Customer shall
be deemed to have accepted the software/hardware on
trial for 7 working days, during in which time all acceptance
testing must be concluded by the customer. At the end of which time
the Client will then take ownership of licence to that hardware or
software. If no such test data is made available, the Customer
shall be deemed to have accepted the software at the end of the
testing phase by ITTS. No 7 day period will be made available.
Ownership will take place from the date when IT Total Solutions
supplied the software to the Customer.
3.1 Bespoke Hardware & Software may be
developed and maintained by third party companies where applicable.
ITTS will only act as a consultant between parties and will not be
responsible for maintenance, upgrades, or recovery.
3.2 All software & Hardware that is developed
by IT Total Solutions is owned by ITTS and its trading styles. All
hardware and software is taken under licence agreement by the
client for a stated period of time either for software or user
licences. Disclosure of any aspect of hardware & software to
third parties by the client is prohibited without prior consent
from a director of IT Total Solutions.
4.0 ITTS Agrees to attempt to rectify any logical
defects in aspect of the clients IT infrastructure, but does not
guarantee that all issues are "fixable". It is understood by the
client that ITTS are not responsible for any loss of business in
time or finances for down time incurred by system problems. In the
event of an unfixable problem it is the client's responsibility to
seek assistance from other relevant parties to resolve these
issues. ITTS are not responsible for maintaining "uptime" of any
services.
4.1 ITTS are not required to attend any client
site to fix or address any problems. ITTS attend client's site or
premises by request only and are not bound to any form of response
time. All agreed timescales are estimation only and no guarantee is
made to meet any requested time frame.
4.2 The customer is responsible for ensuring that
it has suitable back-ups for its computer systems and data, even if
the systems are maintained by ITTS. This includes Emails that are
stored or downloaded from POP/IMAP accounts held either on an ISP
server or local to any machine or network. ITTS takes no
responsibility for the loss of any data due to hardware failures,
electrical anomalies, or user error. Maintenance and upgrades of
systems are carried out on the understanding that all data is the
user's responsibility and is also the users said responsibility to
ensure that all critical data is maintained in a form of a backup.
No responsibility is taken by ITTS in any way for loss of or damage
to any data stored on systems and/or servers. All work is carried
out is in good faith and that data will be maintained where
possible but in the
eventuality of data loss no liability for data of any kind is held
by IT Total Solutions As aforesaid IT Total Solutions shall not be
liable to the Customer for any/all liability for loss or damage of
any kind whatsoever and howsoever arising, whether in contract or
in tort, and holds no liability for death or personal injury
resulting from work carried out by IT Total Solutions.
4.3 Work to servers and/or PC's will not be
carried out unless it's the complete understanding of the client
that ITTS are NOT responsible in any way for loss of data, And by
agreeing to the terms set out in this document, wave the right to
any legal action over loss or damage to equipment, Data or
persons.
4.4 Anti-Virus / Spy ware software that is run on
any client device is solely the client's responsibility to ensure
that their systems are infection free. ITTS will not be responsible
for infections to systems however caused. It is not the
responsibility of ITTS to ensure that safeguards are run,
maintained or in place for any software.
4.5 Internet connectivity for voice and data
services are all held with third party suppliers. ITTS cannot be
held responsible for any downtime of services held with third party
companies. ITTS are reliant on infrastructure companies such as BT
or Telewest and cannot alter timescales or prices that may be
quoted. Internal Internet hardware that is maintained by ITTS will
fall into our emergency response service and all efforts will be
made to restore service within 24 hours although this cannot always
be guaranteed with specialist equipment. ITTS is not responsible
for loss of time or business
from failed communication services.
5.0 All Goods provided by ITTS will be sent at an
acceptable quality. The Customer shall be responsible for
inspecting the equipment for visual damage on delivery and unless
written notice of any damage is given by the Customer to IT Total
Solutions within 48 hours of delivery; the equipment shall be
deemed to have been delivered in an undamaged condition and
accepted by the customer.
5.1 IT Total Solutions shall be under no
responsibility for maintaining the equipment supplied, unless
stated under a support contract held with ITTS. All maintenance
will be carried out by the manufacturer inside manufactures
warranty period. Products outside warranty may be repairable by
ITTS but no guarantees are made. Goods Imported must be paid for in
full prior to ordering; all goods imported are done so by customer
Request and any returns or maintenance is done by the client at the
client's expense.
6.0 IT Total Solutions and the Customer shall
keep confidential any information obtained from the other under the
contract and shall not divulge the same to any third party without
the consent in writing of the other party.
7.0 In the event of any breach of this Contract
or the negligent installation of any equipment by IT Total
Solutions, the remedies of the client shall be limited to damages,
which shall not, under any circumstances exceed the original
support contract cost or monthly retainer cost.
8.0 All work carried out by IT Total Solutions
will be implemented as far as possible with tools and information
available from hardware and software manufacturers, in line with
industry recognitions. Due to the complexity of networked hardware
and software solutions, IT Total Solutions guarantee to ensure a
working environment to fit the stated contract, and will notify the
client of issues or will identify potential problem areas when it
is reasonably able to do so.
9.0 ITTS reserve the right to terminate
conversations by telephone, email or in person in the event of any
ITTS staff or
representative been subject to verbal abuse or hostile behaviour.
ITTS staff and representatives will leave any client premises if
they feel subject to any hostile or aggressive behaviour whether
verbal or physical. The client will be held responsible for any
additional costs that are incurred from such actions. This will
entitle ITTS to terminate any agreements immediately without prior
notice.
10.0 These terms and conditions and any contract
between the parties shall be construed in accordance with, and
governed in all respect by, English law, and the courts of England
shall have jurisdiction to determine any dispute in relation to
them. By signing this document in conjunction to any leasing or
hire agreements to agree to abide by the terms and conditions set
out in this document and are deemed to have understood them.
Amendments to this document may take place at any time with written
consent and may be terminated by IT Total Solutions at any
time.
11.0 All Goods remain the property of ITTS until
paid for in full. ITTS is the legal owner of all supplied goods
until payment is received and payment has cleared in full. Failure
in anyway not to make payment on goods will result in the equipment
being returned or collected by request. Goods that are leased or
hired can be redeemed at anytime by ITTS if payments are not
maintained or the goods are viably being mistreated. The Client is
responsible for the equipment while in their care and for any
repair costs that are incurred while in their care. This document
must be signed and returned to ITTS.
11.1 ITTS can cancel or amend any contract with
14 notice period, made in writing to the customer. The client can
also cancel this agreement with a 14 day notice period. All
terminated contracts must be paid to date in full.
Registered address 198 High Street, Bloxwich. Walsall. West Midlands. WS3 3LA.
IT Total Solutions Limited is Registered in England and Wales. Comapny Number 05335262.
VAT Registation number GB86486397.
© Copyright 2010 IT Total Solutions Limited. No part of this site maybe reproducded
without the express permission of the owner.