Difficulties very rarely arise as we are very experienced and we pride ourselves on excellent customer service, but as with all professional organisations, we have terms and conditions. Unlike other organisations though, we neither hide them, or shrink them beyond recognition.
So, here they are if you want to read them before doing business with us, or maybe to check back to see if they have been updated as they are from time to time.
Allisolve UK Terms and Conditions
1.General
a) The Company means Allisolve UK (or any sub-contractor performing services on behalf of Allisolve UK ) and the Customer is any party using the services, goods, advice or goodwill of the Company.
b) Orders are accepted and goods supplied subject to the following express terms and conditions, and all other conditions. Warranties and representations, express or implied, statutory or otherwise, except as to title, are hereby excluded. No addition thereto or variation there from shall apply unless agreed in writing by the parties.
c) These terms and conditions replace and supersede any pre existing agreements between the Customer and the Company.
d) Nothing contained herein is designed to (nor does) affect any statutory rights that you may be entitled to.
Section A - General Terms and Conditions
2. Orders
a) The company shall be entitled by notice in writing to the Customer to cancel any uncompleted order or to suspend delivery if the Customer shall commit or allows to be committed any breach of these terms and conditions and if such breach be capable of remedy shall not so be remedied within 28 days of notice of the breach and such cancellation shall be without prejudice to any other remedy of the Company.
b) If any order is cancelled by the Customer then the Customer shall indemnify the company against all losses arising out of such cancellation.
3. Prices
a) Whilst every endeavour has been made to ensure the accuracy of the prices quoted, no responsibility can be accepted for any errors or omissions. Prices are subject to alteration without notice and are exclusive of V.A.T., carriage and insurance.
b) All prices are subject to change due to currency fluctuations, EC levy charges, E &OE, and changes in law.
c) In the event of any suspension of work through the Customer's instructions the price(s) shall be increased to cover any extra expense thereby incurred by the Company.
d) The Company shall, if payment terms are breached, recalculate any amount owing to it at the prevailing rate given the current payment terms.
4. Payments and refunds
a) All accounts are strictly net and all payments due under the contract shall be made in full without set-off, deduction or counterclaim.
b) Accounts where credit terms have been agreed are payable on demand but in any case must be paid by a date which will ensure payment is received by the Company not later than 30 days following the date on which the goods are dispatched. In the event that any invoice becomes overdue, all invoices become payable immediately.
c) All overdue accounts will be subject to a £50 + VAT administration fee. Further administration fees may be added at the rate of £50 + VAT per hour if more than 1 administrative hour is required to obtain payment. Interest will also be calculated and added as per the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
d) The Company may in its absolute discretion assign to any third party whatsoever any debt outstanding and due from the Customer without reference to the Customer. At which point a further admin fee with a minimum of £20 + VAT will be applied to the invoice to cover the cost of the recovery. If the cost of recovery is greater than the initial admin fee the difference will be paid by the Customer, directly to the debt recovery agents.
e) Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice (or revision if charges have been applies). If no query is raised by the Customer within this period it will be deemed as having been accepted in full.
f) To qualify for the domestic discounted rate payment in full must be made to the engineer at the completion of the work. If payment is not received immediately, but received within 7 days the commercial discount rate for payments received within 7 days applies. After this period no discount is eligible and the full standard hourly rate will apply. Additionally, if the full amount due is not received within 30 days clause 4c applies.
g) Payment for goods is always due immediately on delivery or collection of same, regardless of any payment terms in place for services.h) Refunds will only be given upon receipt of a valid proof of purchase, i.e. invoice, bank statement, etc.
i) Refunds will not be given for any item that has been customised for the Customer in any way other than where the product has a manufacturer's defect, or where other statutory rights apply. This does not affect your statutory rights.
5. Dispatch Dates
a) Any date quoted by the Company for delivery or installation is given in good faith as a reasonable estimate but time for delivery and installation is not of the essence of the contract. No liability is accepted for delays caused by the Suppliers, Vendors or Carriers of the Company.
b) If the Company is prevented, other than by its own act of default, or at the request of the Customer defers the delivery and/or installation of goods then the Company shall be entitled at its option seven days after the Company has notified the Customer in writing that the goods are ready for delivery and/or installation:
i) to increase the price by an amount which shall reasonably reflect the cost to the Company of the continued storage protection and insurance of the goods and all other additional costs incurred by it as a consequence of the delay and/or
ii) to require the Customer from a stated date to assume responsibility for the storage protection and insurance of the goods and to treat the goods as having been for the purpose of this contract delivered on such date.
6. Carriage, Delivery, Risk and Title
a) Risk in the goods supplied by the Company shall pass to the Customer on the delivery to the destination specified by the Customer. The Customer shall until title passes insure the goods for the full replacement value and keep them insured from the time when risk has passed to the buyer.
b) If the goods are damaged in transit this must be recorded in writing at the time of receipt. The Company cannot accept responsibility for goods signed for as received in “Good Condition”.
c) Any damage to the goods in transit should be notified in writing to the Carrier and the Company within two days of receipt; packing and contents to be held for inspection. If the goods are not received by the Customer within six days of date of invoice the Carrier and the Company should be informed in writing immediately.
d) Until title to the goods has passed to the Customer the goods shall be held by the Customer as bailee for the Company and shall leave in place all marks and indications on the goods of the Company's ownership of them and shall if so required by the Company store them separately from other goods. Without prejudice to the foregoing conditions the Company shall have the right to re-sell or otherwise dispose of them.
e) If payment is overdue in whole or in part or immediately upon the commencement of any act or proceeding in which the Customer's solvency is involved, all sums in respect of goods supplied to the Customer or arising from any transaction, sale or account shall become due immediately and the Company may (without prejudice to any of its other rights) recover or resell the goods or any of them and the Customer hereby licences the Company its employees, servants or agents to enter the premises of its Customer for the purpose of recovering or re-selling the goods.
7. Warranties and Liability
a) The Company warrants that the goods are of satisfactory quality and reasonably fit for the purpose of the Customer so far as that purpose has been made known by the Customer in writing and that they will conform to their manufacturer's description but all other warranties and descriptions as to the quality of the goods or their ability to perform certain functions are expressly excluded from this contract.
b) The Company shall not be liable for any breach of the above warranties or guarantee (“The Warranties” and “The Guarantee”):
i unless the Customer has paid to the Company all monies payable on or by the date stipulated for payment.
ii unless the Customer gives written notice of the non-compliance or alleged defect within one week of the discovery of the non-compliance of defect or the date when such problem ought reasonably to have been discovered and in any event before the expiration of the warranty period.
iii unless the Customer makes no further use of the relevant goods and forthwith returns the goods to the Company (carriage paid)
iv if the goods have been modified, altered or otherwise tampered with in any way other than by a duly authorised representative of the Company.
v if the goods have been subjected to misuse, neglect, carelessness, lack of maintenance, vandalism or other commotion, disturbance or whatever nature whether affecting the goods directly or in directly as a result of such matter affecting the premises in which the goods are situated.
vi if and to the extent that the goods have been produced from designs or specifications by or on behalf of the Customer.
c) Notwithstanding the provisions of this clause if the Company is found liable for any loss or damages the Company's liability shall in no event exceed the total purchase price of the goods.
d) All warranties are provided on a ‘RTB' Return To Base basis. This means that if you have cause to require a repair under the warranty, you must, by appointment, return your product(s) to our office and collect same when ready, also by appointment.
e) It is entirely the customer's responsibility to make sure that all of their programs and data are kept backed up regularly. The company shall not ever be liable for any costs or other financial burdens whatsoever relating to the loss, corruption, unavailablilty, etc. of data. The company will always excercise reasonable care and skill when working on your device whether that is remotely, in house or on site, but very occasionally data is either irretrievable or gets destroyed in the process of a repair through no fault of The Company. By instructing The Company you confirm your acceptance of this and that if the device is not your own, that you have confirmed acceptance of this with the rightful owner and any other person or organisation that may stand to suffer a loss from such an event. Should a storage device sold by the company suffer hardware failure whilst within it's set warranty it will replace the drive with and equal or equivalent device as per the returns policy. The manufacturer of the device may warrant the item in excess of 12 months. Any such claims outside The Company's warranty period should be addressed to the relevant manufacturer as they offer this extended period as a bonus over and above the warranty period of, for example a system build that included a hard disk. Furthermore on every occasion that the customer engages in business with the company the customer warrants that they have a complete up to date backup of all of their data.
8. Specification/Sample
a) All illustrations, drawings, catalogues and descriptive matter are of generally informative nature only and do not form any part of the specification or description of the goods. The Company shall be entitled without notice to make such reasonable modifications to such specifications, descriptions, designs, materials or finishes as it deems necessary or desirable and the Customer shall not be entitled to object to or reject the goods by reason of such modifications.
9. Design
a) All specifications and designs submitted by the Company and the copyright in them and the right to reproduce any of them remain the Company's property.
b) Where goods are made or adapted in accordance with the Customers specifications the Customer shall indemnify the Company against all cost claims and/or expenses incurred by the Company in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trademarks or other rights belonging to third parties.
10. Force Majeure
The Company shall not be responsible for the non-performance in whole or in part of its obligations nor under any liability to the Customer in respect thereof if such non-performance is due to acts of God, War, insurrection, government regulations, embargoes, strikes, Labour disputes, illness, flood, fire, tempest or any other cause beyond the control of the Company.
11. Assigns
Neither party may assign the Contract to which these terms and conditions apply nor of its rights or obligations under the Contract without prior consent in writing of the other party.
12.Severance
If at any time any one or more of these conditions (or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason the same shall be deemed omitted here from and the validity and/or enforceability of the remaining provisions of these conditions shall not be in any way affected or impaired thereby
13. Waiver
No failure of or delay or forbearance by the Company in asserting or exercising any right or remedies under the contract shall affect its rights there under.
14. Data Protection
Data, both physical and electronic, will be held in the strictest confidence and in compliance with the relevant Data Protection Law and you consent to this.
15. Maintenance Service Agreement
Service provided under maintenance service agreement is subject to the terms and conditions of the appropriate maintenance service agreement.
Section B – Additional Terms and Conditions relating to Support Agreements and Technical Consultancy
16. The Company agrees to offer telephone assistance to the Customer (on the basis that each server on the Customers site has a valid support contract) between the office hours of 09:00 to 17:30 GMT Monday to Friday excluding Bank and Public Holidays.
i The Company reserves the right to offer a reduced support service during the Christmas period.
17. Customer agreements are non-transferable and valid for the invoice address only.
18. The Customer agrees that the Company is not liable for damage caused to the Customer's computer components as a result of improper installation or other hardware configuration caused by the Customer.
19. The Customer is strongly advised to keep backups of valued data and it is agreed that the Company is not liable for data lost as a result of the Customer's actions or the Company's advice at any time. (The Customer is also wholly responsible for the verification and validity of all backups and the Company cannot be held responsible for the incorrect actions or procedures taken by the Customer).
20. The Customer is strongly advised to ensure full virus protection is implemented. It is the Customers responsibility to ensure that the most up to date virus definitions are implemented throughout the site. The Company cannot be held responsible for virus infections introduced to the Customer in any way. The Company withholds the right to insist on a chargeable site visit to remove and clean any identified infections.
21. The Company agrees to also provide modem based assistance where the Customer has purchased the appropriate cover, subject to the following conditions.
a) The Customer is using a legally purchased copy of Windows.
b) The Customer establishes suitable VPN access via a xDSL connection compatible with the Company.
22. The Company agrees to provide telephone based assistance to the Customer subject to the following conditions.
a) Where the issue is identifiably hardware-related, the Company will attempt to diagnose the cause of the issue. The Company will then advise the Customer of the appropriate procedures regarding on-site hardware maintenance through the relevant third party companies. At this stage the Company's responsibilities are at an end.
b) If the issue can be identified as being related to the configuration of the hardware, the Company will diagnose the problem and attempt a resolution. However, where resolution requires the assistance of a manufacturer or other third party, the Company cannot guarantee a satisfactory resolution of the issue.
c) Where the issue relates to the installation of new software, the Company will assist the Customer with the installation and with the related configuration issues; however, the Company is not liable for the results of the actions the Customer takes during the installation and configuration, that deviate from the instructions given in the manufacturer's installation guide.
d) The Company takes no liability for the effects to the Customer's PC from Shareware, Freeware, Unlicensed Software or Software downloaded from the Internet.
e) The Company shall refuse to support any illegally loaded software.
f) If a problem is not rectifiable in a reasonable time period, the Company reserves the right to arrange a chargeable site visit in order to remedy the fault.
23. If the Customer's hardware is not covered by an on-site warranty from a third party company, the Company may organise for an engineer to visit the Customer and carry out the necessary work, subject to the conditions in clause 24.
24. All site visits are subject to the following terms:
a) The Customer will be charged per hour or part thereof or at a daily rate agreed by the Company in advance.
b) The Customer will supply written confirmation of acceptance of the rate to the Company before any work commences.
c) The Company does not guarantee a fixed time response.
d) The Customer will be charged for all parts used.
e) If the Customer signs a Company Job Sheet, the work is deemed to be acceptable. Any queries should be raised by the Customer at this time.
f) The Company will take every reasonable action to resolve issues and complete work in the allocated time but the Company does not guarantee a fix and does not guarantee a maximum time scale for any work completed on the Customer's site.
g) The Customer will be liable for any additional time spent on the Customer's site above and beyond the original quotation, at a pre agreed rate.
h) The Customer is responsible for ensuring the compatibility of any third party or specialist software or hardware prior to any work being carried out by the Company.
i) The Company shall be allowed time whilst on site to compose a site visit report advising action taken and future action required both by the Customer and the Company.
25. It is recommended that the Customer takes heed of any advice given by the Company following a site visit in relation to the operation and improvement to the Customers computer systems. The Company cannot be held responsible for subsequent problems caused which are attributable to non-implementation of these actions.
26. The Company will not deem an agreement or contract active until full payment has been received.
27. Agreements, Contracts and Pre Paid Services will be suspended if the Customer has an overdue account with any part of the Allisolve UK Group of Companies.
28. The Company reserves the right to review annual contract prices and will advise the Customer on or before the contract renewal date.
29. The Company insists on the correct implementation of legal software and licences. The Company will not install or support illegal programs, nor be held responsible in any way for any issues pertaining to illegal use of applications. It is the Customers responsibility to read, understand and abide by any conditions of use or End User License Agreements (EULA's).
30. The Company reserves the right to carry out a chargeable Health Check and/or Discovery Visit prior to commencement of an Installation, Contract or Agreement.
31. The Company reserves the right not to renew a Customer Contract or Agreement.
32. Any Contract or Agreement requires 3 months written notice if the Customer wishes to cancel at any time. If the customer does not wish to renew support, notice should be given in writing, three months before the expiry date. If the Customer cancels any Contract, Agreement or Pre Paid service prior to the period of completion, the Customer will be charged the difference for any service previously invoiced at a discounted rate on the basis of any such Agreement.
33. Pre Paid Contracts or Agreements are non refundable upon cancellation by the Customer.
Section C – Additional Terms and Conditions relating to Maintenance Support Contracts
34. Maintenance Support Contracts (MSCs) are only available to telephone/modem support Customers and are subject to the following conditions.
a) The MSC visit consists of a pre-paid on-site visit to take place at an agreed frequency.
b) Any time used over and above the pre-paid time will be charged at the Company's current hourly rates in half hour units.
c) The Company has a schedule of standard system checks which it must carry out each visit before attending to any additional on-site problems.
d) The Company will issue a 12 month schedule of dates for MSC visits to the Customer at the beginning of each contract year.
e) An MSC visit may be moved forward at the request of the Customer in the instance of an emergency so long as the Company has available resources to respond.
f) The tasks carried out by the Company's staff are designed to assist the Customer; however the ultimate responsibility of the computer system remains that of the Customer.
g) The Customer will be charged for any parts used in an MSC visit.
h) Should the Company need to reschedule an appointment in the case of an emergency or illness, the Company will contact the Customer and agree an alternative date.
i) The Customer is requested to provide details of any problems prior to the MSC visit. The Company will contact the Customer before the visit to elicit this information.
a) This policy is in place to provide a guarentee to the customer that if we the company cannot repair the equipment given to us, then there will be no charge for our service. This policy is a fair play policy that does not come in to effect if we can repair your equipment but you choose not to have us effect the repair.
b) This policy also does not cover data. There are times when a repair will necessitate the formatting of a hard disc and the unfortunate loss of the data contained within. There are other possible ways that data can be lost. If the equipment is repaired then the work performed to repair same will be chargable. We the company would like to remind the customer that it is entirely their responsibility to keep their data backed up regularly in full.
c) Certain repairs are not covered by this policy, i.e. laptop hardware.
d) Unfortunately due to the complexity of non-stand alone computers, this policy is only valid for domestic customers with stand alone computers.
36. Proper Law and Jurisdiction
This entire Contract is governed by English Law and the parties submit the non-exclusive jurisdiction of the English courts.