Terms and Conditions of Service

These Terms and Conditionsshall apply to all support services offered and to be provided by A2Z Core ITSolutions Limited or any of its associated or subsidiary companies (hereinaftercalled A2Z) to the customer specified on the front page of this Agreement here to (hereinafter called “the Customer). This agreement embodies the entireunderstanding between A2Z and the Customer relating to the supply of theServices. The Customer acknowledges that he is not entering into this agreementin reliance on any representations or warranties of A2Z.

All quotations given and Contracts for Support made by A2Z shall be deemed to incorporate these Termsand Conditions which shall be deemed to be substituted for any previous agreedConditions contained in writing or otherwise submitted to the Customer. No agreement or variation of these Conditions of whatever nature shall form partof or operate as a waiver or variation to this Agreement unless expresslyaccepted in writing by a director of A2Z. This Agreement will not be binding on A2Z until it has been signed by a duly authorised official of A2Z.

Returns Policy Advice Given By Us To You

Weare always prepared to offer advice about the goods including advice aboutinstallation, compatibility, configuration, and product upgrades.  We know the general purpose for which yourequire our goods and we will take reasonable care when giving you any advice.

Withoutknowing the particular application for which you require our goods and theexact specification and configuration of any existing system into which youintend to install our goods we cannot and do not warrant the suitability of anyof our goods for your particular purpose.We do offer a service whereby we will install our goods into your existing system. If you ask us to do that, we can warrant the suitability of thegoods installed by us.

Your Responsibilities

It is your responsibility to ensure compatibility of any goods offered for sale byus both with the existing components within your system and with any othergoods offered for sale by us. It is your responsibility to ensure proper installation of our goods into your existing system. It is your responsibilityto ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).  In every case where you return goods upon thebasis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods. Insofar as it may be established that there was no defect in the goods at the point of delivery to you, we reserve theright to charge a fee of £5 (we could perhaps increase this for larger items that have taken longer to test) as a contribution towards the cost of inspecting and testing the goods, return carriage will also be charged able where applicable.

Returns Of Goods

All products must be returned with original packaging, manuals, cables and software disks where applicable

Please ensure that all static sensitive components are returned in anti-static packaging.

Ensure that goods are properly packaged to avoid damage in transit.

Unless otherwise stated and with written confirmation, carriage will be at the expenseof the sender.

It is strongly recommended that returns are made using a delivery service with proof of delivery. All packages must clearly labelled as returns and a valid RMA number written on the package, otherwise the package may be refused and returned to the sender. 

Where faulty goods are returned over a reasonable amount of time (we consider this to be 30 working days) A2Z reserve the right to return the item to our supplier ofthe manufacturer for repair. 

Returned goods need to be received by A2Z computers within 5 working days of an RMA number being issued, goods received outside this deadline will either be rejected or subject to a re-processing fee.

Return Of Non Faulty Goods

Under the Sale of Goods Act consumers cannot expect a legal remedy if they decide they no longer want the item therefore non faulty items are only accepted backat the company's discretion. Items will only be accepted back in a restockable condition, a restocking fee of 20% will apply and a credit note against purchase will be issued.

Return Of Goods Under Distance Selling Act

The Distance Selling Act allows the consumer the same opportunity to inspect thegoods and confirm their suitability that they would have in a shop - this does not include use of the item, items returned under the Distance Selling Act with signs of use and/or packaging that is not in a restockable condition will be subject to a 20% restocking fee.

Requests for return of goods under the Distance Selling Act must be received in writingwithin 7 working days from the day after the items are received.

Refusal Of Returned Goods

Buyer cannot expect redress where they have:

a.Accidentally damaged goods.

b.Misused goods and caused a fault, through the use of incompatible accessories or incorrect installation.

c.Attempted a repair or had someone else attempt a repair which has damaged the goods.

d.Used goods beyond manufacturer's stated purpose e.g. overclocking, use with incompatible accessories.

The company may change this returns policy at any time without any prior notice.

Support Services

A2Z will provide support services on the Equipment specified on the front sheet of this agreement (here in after called the System). The System will be situated at the location or locations therein specified and will include any replacements, modifications or additions supplied under this agreement. Although not specifically specified on the frontsheet of this agreement, the system will be deemed to include the following: -

i.File Server/s: Operating System Software, Backup device and related software,Communication devices such as modems and routers, Uninterruptible Power Supply Units, Antivirus Software

ii.Cabling infrastructure including cables, hubs and connection points.

iii.Workstations, user slave units including remoteaccess users: Operating System Software, Communication devices such as modems and routers, Server Internet connections.

Server e-mail connections, Server Fax connections,Server antivirus connections

iv.Printers attached to the system either via the Network or directly to a workstation. 

Any “Application Software”,  being software running on the System such as financial accounting or payroll software or anyother software operating on the system, supplied and installed by a thirdparty,  is deemed to fall outside the scope of this agreement.   The exception to this is in the case of any contractual obligation to ensure that allantivirus, operating and firewall updates and patches are installed andmaintained as necessary. 

TheSupport Services to be provided by A2Z or its authorised sub-contractorssubject to the provision of a service or maintenance contract (herein after called “the Services”) shall comprise:

a.    Unlimited end-user access via telephone & email to the A2Z helpdesk by way of providing general support, configuration guidance, fault rectification, and advise to users of the Customer’s System.

b.    A2Z will respond to service requests received at their offices between the hours of 09:00 and 17:00 Monday to Friday inclusive (but excluding statutory holidays). Any service which A2Z agrees to provide atthe Customers request outside those hours will be charged at A2Z’s then published hourly rates.

c.    Where it is agreed that on site services arerequired in order to rectify a reported fault it is the customer'sresponsibility to decide if these services should be arranged to be part of the planned maintenance under the terms of a service contract or escalated to an adhoc visit.

d.Ad Hoc on-sitevisits will be charged at the published rates unless it is part of the contracted Scope of Support.

e.    System monitoring either remotely or on the Customerspremises (if deemed necessary by A2Z or requested by the Customer) to ensureoptimum system performance and security relating to the configuration andavailability of original manufacturer updates for operating system/ antivirus/e-mail/ Internet  software,  disk space utilisation, System access rights and general system tidying.

f.     Software updates included in the scope of this agreement include only those which are available for the software included in thisagreement, which are available without cost to A2Z 

g.    Chargeable Upgrades are not included in the scope ofthis agreement.

h.    Diagnose and rectify within the scope of thisagreement any faulty equipment included in the System. Any costs incurred byA2Z, regardless of whether the equipment is covered by a manufactures warrantyor not, will be passed on to the Customer at cost plus a 10% administrationfee.

i.     Access to the manpower and knowledge resources within A2Z within the scope of this agreement, for strategic advice, guidance andplanning purposes, whether that is via the A2Z telephone helpdesk, at the Customer’s premises or representing the Customer at another location.

A2Z’s duties under this Agreement do not include:

a.Effecting, checkingor repairing electrical work external to the Equipment.

b.Changing oraltering the Equipment from the manufacturers’ specification or affecting arepair due to any manufacturing or design fault of the component manufactureror the modification, replacement or adjustment necessitated by such fault.

c.Providing accessories supplies operating materials or consumables (e.g. ribbons, toners,print wheels, paper, floppy disks etc).

d.Support of accessories, attachments, machines or other devises not described in the Equipment Schedule.

e.Repairing or servicing necessitated as a result of accident, misuse, modifications, fault or negligence on behalf of the Customer, its employees, agents or third parties,operator errors of or by causes external to the Equipment such as but not limited to failure or malfunctions of the electrical power or causes outside the control of A2Z and other than normal usage by the Customer.

f.Re-siting theSystem/Equipment to a location other than the Customer’s premises specified onthe front sheet of this Agreement or re-siting the System/Equipment within theCustomer’s premises and any consequential work necessitated by any such re-siting.

g.The saving, renaming, backing-up, conversion, patching, editing, re-configuring orrestoration of any data program or operating system from any form of fixed orremovable media or other storage device for whatever reason necessitated. A separate charge will be made for this service at A2Z’s then current prices.

System Access

The Customer shall allow A2Z personnel to have full free and uninterrupted access to the System components at all reasonable times in order to carry out the Services.

It is your responsibility to provide A2Z personnel with any information that is reasonably required to provide the agreed service. Any failure to provide requested information thatleads to delay will result in additional charges at the current A2Z daily rate.

All agreed prices are based on A2Z being allowed to complete their work without progress being delayed by activities carried out by the customer or the customers agents. Any delays or repeat site visits will result in additional charges.

The customer must provide onsite staff to meet the A2Z’s representative who can provide relevant information to the service being provided and who are authorised to agree changes and provide additional details on the service requirement as requested by A2Z personnel.

All information required will be listed in our scope of works document or outlined in the planned works schedule, failure to supply such information will relate in the delay of thework being carried out and as such our standard published charge being applied.

Working Hours

A2Z engineers must be able to have access to site between 8am and 5.30pm for aminimum of 8 hours per day.

During this time free unhindered access must be given to all required areas without delay.

Any hours outside of this working time may bechargeable at then published rates.

Notices

Any notice required to begiven here under shall be sent by first-class recorded delivery post addressed to the party to be served or at its current registered office in relation to a limited company.

Adequate Facilities

During the period of this Agreement the Customer shall provide at its own expense for the use of A2Z personnel adequate working space within a reasonable distance of the System components and shall make available at its own expense such ventilation, light and power supplies as A2Z may reasonable require to perform the Services.

Security & Integrity

The Customer shall be solely responsible for the security, integrity and reliability of all programs, data and other information confidential, sensitive or otherwise at the Customer’s premises prior to, during and after such time as A2Z employees, agents or sub-contractors are present performing the Services. It Is a further condition that the Customer ensures that all programs, applications and operating environments are of a release version or level which is compatible with the current level of hardware and are licensed for use by the Customer.

Peripheral

In the case of computer peripheral equipment this support agreement will not include replacement, repair or rectification of any user replaceable or any of the following parts of that equipment: - Drums, Developer Units, Toner Dispenser Cartridges or Containers, Fuser Assemblies, Corona Wire or Assemblies, paper Transport Mechanisms including sprocket pin feeds, platens, rollers, friction devices, print heads or other mechanical imprinting heads, paper or sheet feeding mechanisms or tray or options not specified in the Equipment Schedule, output collecting trays or mechanisms or any font cartridges or emulating cartridgesconnected to the System Equipment subsequent to its manufacture or any damage caused to the electronic circuitry of the equipment caused by the connection of any such peripherals to the said System Equipment or by connection of the System Equipment of any peripheral not manufactured by the manufacturer of the original Equipment itself.

Customer Obligations

The Customer shall:

a.    Ensure that at all times as deemed necessary A2Z have remote access to customer systems.  This may need to be arranged in conjunction with Internet Service Providers, Local Authorities or Broadband Consortia.  If assistance is required to set up remote access A2Z Technical Support can advise accordingly.

b.    Utilise the System Equipment correctly in accordance with the manufacturers or suppliers’ operating manuals and instructions and with such operating supplies and consumables as are in accordance with the manufacturers or suppliers’ requirements and regularly carry out all operational maintenance routines (if any) as are set out or referred to therein

c.    Not allow any person, firm or company other than A2Z personnel or their sub-contractors to adjust, repair, alter or upgrade or maintain the System Equipment except for the usual operators maintenance routines (if any) as specified in the foregoing sub-clause.

d.    Notify A2Z immediately if the System Equipment develops an operating fault provided that if the Customer shall fail to notify A2Z) in accordance with this sub-clause of any operating fault, A2Z’s liability under this agreement shall be limited to such remedial work as would have been required had the fault been reported when it first arose and the Customer shallbe liable for any additional services, maintenance or repairs which are necessitated as a result of the delay in reporting the defect of operating fault to A2Z.

e.    Not during the continuation of this agreement norwithin a period of two(2) calendar years from the date of termination there of by whatsoever method either alone or as an agent for or in association with any other person, firm, company or organisation, approach, entice away or solicitor do business with any of the employees, directors, contractors or representatives of A2Z.

f.     Be responsible for ensuring that adequate System and data backups are taken at regular frequencies.

g.    Keep secure all original software and documentation relating to the System and make the same available to A2Z personnel to or their sub-contractors as requested enabling them to carry out the terms of this Agreement. A2Z reserve the right to levy additional charges at their then published rates if theirability carry out their obligations under this Agreement are hampered as aresult of the unavailability of items stated here in.

h.    Although A2Z will monitor and check from time to time the status of System anti-virus definitions, the Customer is responsible for ensuring virus definition updates are untaken on a regular basis. A2Z will not be held responsible for any viruses found on any part of the System.

Insurance

All risks of loss or damageto the System or the Customers premises shall be borne by the Customer save as provided therein.  All risks of loss ofor damage to the System which has been removed from the Customer’s premises by A2Z shall be borne by A2Z during its period of absence from the Customers premises.

Arbitration

Any question or difference which at any time mat arise between the parties hereto concerning the provisions of this Agreement or the effect there of or the rights or duties ofthe parties hereto (excluding those as to payment of A2Z’s charges or support costs) shall be referred to a single arbitrator to be agreed between the parties here to or in default of the Agreement be appointed by the President for the time being of the Institute of Electrical Engineers and such reference shall be deemed to be for all purposes a reference to arbitration under the Arbitration Act 1950 or any statutory modification or re-enactment there of for the time being in force.

Charges

The charges specified in the Charging Schedule will be invoiced and are payable in advance. A2Z may request payment to be made by banker’s standing order or direct debit at any time. In the event of any failure to honour any one or more standing order or direct debit payments A2Z shall be entitled to treat such failure as ground for with holding the Services with immediate effect. Any other charges under this Agreement will be invoiced by A2Z to the Customer and Payment shall be due within seven (7) days from the date of invoice. Charges are exclusive of Value Added Tax or any other like taxes which will be payable by the Customer at the rate prevailing at the tax point date.

1.If any charge or additional charge under this Agreement due from the Customer shall not be paid within seven (7) days after it becomes due the A2Z reserves the right to suspend the Services here under until such time as the amount due shall havebeen paid in full together with interest which shall be charged at 4% per monthor part thereof on any balance due from time to time.

2.Without prejudice to any other remedy A2Z may at any time by giving thirty (30) dayswritten notice to the Customer vary any or all of its charges if for any reason the cost of A2Z performing the Services under this Agreement are increased bynon-compliance by the Customer within the provisions of the Agreement.

3.If the agreementcontinues beyond the initial period all charges shall be reviewed,

Removal of Equipment

The Customer shall in theevent of wishing to remove any items of Equipment from the Equipment Schedule be obliged to provide not less than three calendar months prior written notice of such removal expiring on any anniversary of the date of this Agreement. Any such purported notice of removal of Equipment not complying with this provision shall not be valid.

Termination

A2Z may by giving ninety (90) days notice in writing to the Customer terminate this Agreement (without prejudice to its right to recover any sum due from the Customer) if either: -

a.    any payment by the Customer shall become more than thirty (30) days in arrears or

b.    the Customer shall commit any other breach of this Agreement and shall not remedy the same within thirty (30) days of a written notice given by A2Z to the Customer requesting such remedial action.

c.    The Customer may by giving ninety (90) days notice inwriting to A2Z terminate this Agreement if A2Z shall commit any material breach of this Agreement and shall not remedy the same within thirty (30) days of a written notice given by Customer to A2Z requesting such remedial action.

d.    The Customer will pay any sums due to A2Z without any deduction what so ever and waives the all rights of ser-off accordingly.

Refurbishment

If in the opinion of A2Z anycomponent (part or complete) of the System under Support can no longer be subject to economic maintenance A2Z will submit a refurbishment cost estimate which will be in addition to stated charges on the front sheet of this Agreement.If such work is authorised and paid for within thirty (30) days the System item will subsequently remain supported under the provisions of this Agreement. If not A2Z reserve the right to delete theSystem item from the provisions of this Agreement with effect from the date A2Z first notified the Customer with the refurbishment cost estimate.

Sub-Contracts

A2Z shall be entitled to sub-contract to a third party all or any part of their obligations to provide the Services in respect of the System.In the event of A2Z wishing to sub-contract any part of this service,the customer will be informed in advance and may exercise their right toobject.  Sub contracted services can onlybe applied with the agreement of the customer.

Liability

To the extent permitted bythe Unfair Contract Terms Act 1977 all liability for personal injury damage to property or other damage of what so ever nature shall be deemed to be excluded onthe part of A2Z.

A2Z under no circumstanceswhatsoever (whether for negligence, breach of contract or otherwise) be liablefor any direct or indirect consequential loss or damage or for economic loss, loss of data, or other material contained in or relating to the System or increased cost of working.

The Customer will indemnify A2Z in respect of any claim, loss, damage or injury to any person or propertyoccasioned by or arising from the possession, operation or modification of the System.

The suspension of any of the Services by A2Z here under will be without liability, compensation, refund or credit to the Customer.

Assignment

The Customer may not assign the benefit of this Support Agreement, its rights, or obligations without prior written consent of A2Z. A2Z may however assign the benefit of this Support Agreement, its rights or obligations at any time.

Force Majeure

Any failure by A2Z to perform the Services for any cause beyond the reasonable control of A2Z shallnot be deemed to be in breach of the provisions of this Agreement by A2Z.

Law

The validity, construction and performance of this Agreement shall be governed by the laws of England.

Severability

If any clause of this Agreement shall be deemed or held to be unreasonable within the meaning of the Unfair Contract Terms Act 1977, then such clause or sub-clause as the case may be shall be deemed to be a severable part of this Agreement and the remainder of this Agreement shall remain fully effective but be read and construed as if such offending clause or sub-clause were not present.

Acceptance of Order

By accepting our quotation you agree to our terms and conditions here with.