Making IT Work

Making I.T. Work Terms and Conditions (“the Terms”)
In these terms and conditions the following definitions shall apply:
 
“the Company” means M.I.T.W. Limited, trading as Making I.T. Work.
 
“Service” or “Services” means the goods or services supplied by the Company, whether invoiced or not.
 
 “the Customer” means the person to whom the Company provides IT Services under the Terms  and (where applicable) includes that person’s successors in title and permitted assignees..  “the Parties” means the Company and the Customer.

2. All prices quoted by the Company are subject to confirmation at the time of order.  Prices will normally be quoted exclusive of VAT which will be charged at prevailing rates.

3. Credit limits may be given to approved accounts at the sole discretion of the Company but the Company may require either or both bank and trade references.  The Customer is responsible for reimbursing the Company for any expenses incurred in this respect.  The Company may cancel or amend a credit limit at its sole discretion.

4. Delivery dates quoted are estimates only and the Company shall not be responsible for any delay due to causes beyond its control.  Unless otherwise agreed the Customer shall take delivery within 7 calendar days of the Company sending written notice advising that the goods are available and ready for installation, delivery or collection.

5. Payment of accounts must be effected within the timescale shown on any invoice or at the time a Service is provided or delivered where no credit is given.  If any sum payable by the Customer to the Company is not paid within 7 calendar days of the due date the Company shall have the right to charge interest on the balance outstanding at such annual rate as shall be 5% above the base rate of Barclays Bank Plc from time to time in force calculated on a daily basis from the date on which the sum becomes due. 

6. Any disputes regarding any submitted invoices must be notified to the company within 7 days from the date of the invoice.  If no such notice is received the Company will consider the invoice as undisputed and fully valid.

7. If payment is overdue in whole or in part, the Company may without prejudice to any of its other rights recover and/or re-sell any product provided by its Services and its agents or servants may enter on the Customer’s premises to recover the products provided by its Service and the Customer shall be liable for the Company’s costs of so doing.

8. Title of any hardware, software or licence provided by the Company shall vest in the Company until the Company has received full payment.  The Customer indemnifies the Company against any illegal use or copying of the software or licence during the period until payment is received.

9. The Customer is responsible for the registration of any software, licence or hardware to benefit from extended warranties or benefits that may be acquired by registration.  The Company will provide the appropriate documentation in either paper or software format at the time of delivery/installation.

10. The Company is not liable for the loss of any data or programmes whilst providing a Service.  The Customer should ensure that data and programme files are adequately backed up.  All care will be taken by the Company to minimise any possible loss of data.

11. The Company passes any manufacturer’s warranty to the customer on receipt of payment.

12. The Company shall not be liable for any loss of profit, damage or injury howsoever arising whilst providing a service, except where it is proved to result from a negligent act or omission of the Company or one of its officers or employees.  In any event, the total liability the Company shall have to the Customer shall not exceed the value of the invoice for the Service provided.

13. The Company guarantees to the Customer total confidentiality of the content of any hard disk, passwords disclosed or data except where required to disclose by order of a Court of Law.  The Company will not retain copies of data or passwords without the consent of the Customer.

14. Where required the Customer agrees to transfer ownership of their equipment to the Company to enable the Company to comply with any licenses it may hold in order to provide a Service to the Customer.

15. Where equipment is removed from the Customer’s premises the Company will exercise all reasonable care whilst such equipment remains in its possession but the Company will not accept any responsibility for any loss or damage whilst such equipment remains in its possession.  Unless specified separately all equipment returned to the Customer by the Company is deemed to be in the same state as when it was taken by the Company.

16. The failure of the Company to enforce any of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce them.

17. Each condition is independent of any other so that if one or more is deemed invalid as unreasonable, or for any other reason, then the remaining Terms and Conditions shall remain valid.  Further, should any Term or Condition be found to be invalid but would be found to be valid if some part were deleted then such Term and Condition shall apply with such modification as may be necessary to make it valid.

18. Neither party shall be under any liability for any failure to perform all or any part of its obligations under the Terms if such failure shall be due to Act of God, strikes, lockouts, labour disturbance, dispute, order or any regulations of any Government public or local authority, delays or defaults of suppliers or sub- contractors, or (without prejudice to the generality of the foregoing) any other causes beyond the reasonable control of the parties.

19. The contract between the Customer and the Company shall be governed and construed in accordance with English Law.