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It Bytes 5 Main Road Austrey Warwickshire CV9 3EH
The Client: Any client of It Bytes, or any customer of the client in the case of sub-contract work, purchasing goods or services from It Bytes whether directly or via an agency or third party.
Telephone, fax and email support: It Bytes shall provide support between the hours of 9.00 am and 5.00 pm UK time, Monday to Friday, excluding public holidays. The Client acknowledges that responses to telephone, fax or email support requests are on a best endeavour basis and there is no set time limit for response. It Bytes may provide written or email responses to telephone support enquiries. It Bytes shall provide any response that cannot be given at the time of the call as soon as reasonably practicable.
On Site Support: Where It Bytes undertakes any site visit, the Client undertakes to provide all requisite hardware, software and facilities ready for It Bytes to perform the relevant services. The Client shall make available at the site reasonable use of appropriate workspace. Such facilities shall be provided by the Client at the Client’s exclusive expense. The Client shall be responsible for briefing any It Bytes member of staff or agent or representative attending any site of any site safety regulations and of ensuring a safe workplace at the site. Any site visit shall be at It Bytes discretion and on a date to be agreed with the Client. Any site visit shall be carried out between the hours of 9.00 am and 5.00 pm Monday to Friday, excluding public holidays unless otherwise agreed beforehand. It Bytes reserves the right to vary charges outside of these standard hours.
It Bytes reserves the right to amend any quoted cost or estimated time scale of work in the event that It Bytes is delayed, prevented or hindered in its performance of support services for any reason beyond its control.
Hardware and Software Disclaimer: It Bytes or It Bytes staff or any representative of It Bytes shall not render It Bytes liable for any failure or malfunction of any hardware or software product either supplied by It Bytes or purchased by the client for any reason whatsoever. It bytes shall not be liable for any loses of any kind due to software or hardware failure or malfunction.
Applications Disclaimer: It Bytes or It Bytes staff or any representative of It Bytes shall not render It Bytes liable for any application of the information provided through services to the Client. The Client must use its own skill and care in applying any information derived from the Technical Support products and services.
Permitted Uses: All of the information accessible from on-line, CD or other technical Support documentation provided from time to time by It Bytes in its performance of services is copyright of It Bytes and/or its suppliers. All such contents are for the Clients personal use. The Client may not modify, copy, distribute, transmit, display perform, reproduce, publish, licence, to create derivative works from, transfer or sell any information, software, products or services obtained from such contents.
It Bytes will be under no liability for any personal injury, death, loss or damage of any kind whatsoever (other than death or personal injury resulting from the negligence of It Bytes) whether consequential or otherwise including but not limited to loss of profit or data and It Bytes excludes all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise, which but for such exclusion would or might subsist in favour of the Client. This limitation shall also apply for the benefit of any employee, agent or sub-contractor of It Bytes.
Client Indemnity: The Client shall indemnify and hold harmless It Bytes against any claims, liabilities, loss or damage suffered or incurred by It Bytes caused by any negligence, act or omission or willful misconduct of the Client, its employees, agents or sub-contractors.
Force Majeure: It Bytes shall not be liable to the Client for any loss or damage which may be suffered by the Client as a direct or indirect result of It Bytes being delayed, prevented or hindered in its performance of support services.
It Bytes shall not be liable for any non-availability due to Worldwide web downtime or the non performance of any service provider supporting world wide web communications. Further, It Bytes shall not be liable for any delay in communication caused by operation through the World-wide web.
The Client acknowledges that It Bytes shall not be responsible for any transmission corruption or error arising in the course of transmission through the World-wide web.
Confidentiality: The parties shall treat as confidential all information, (whether written or verbal) so designated by the disclosing party and shall not divulge such information to any person, firm or company (except to such party’s own employees and then only to those who need to know the same) without the other party’s prior written or verbal consent. This obligation of confidentiality shall not apply to information which was in the public domain at the date of disclosure or which falls into the public domain other than as a result of a breach of this agreement or which is required to be disclosed pursuant to court order or government action or which the receiving party can demonstrate was known to the receiving party prior to the date of disclosure provided that the receiving party shall produce written evidence of such knowledge within fourteen days of disclosure and gives notice of the same to the disclosing party.
Independent Contractors: The parties enter into this Agreement as independent contractors. The Client shall have no authority or power to bind It Bytes or create any liability against It Bytes in any way or for any purpose.
Amendments: It Bytes reserves the right to amend these terms and conditions with no notice. Any changes to the terms and conditions currently in force shall be published at www.itbytes.biz and are available by post, email or fax on request. It is the client’s sole responsibility to update its copy of these terms and conditions.
Choice of Law: Support services provided by It Bytes shall be governed by the laws of England and the parties hereby submit to the jurisdiction of the English courts.
Credit Terms: Credit terms are strictly 30 days from the date of invoice to receipt of payment unless otherwise stated. |