“Goods” means any goods and/or services provided by the Company as ordered by the Client
“Company” means Ecobright IT & Facilities Services Limited T/A ARK Systems.
“Client” means the person, firm or company using the services of the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3) FORMATION OF CONTRACT
All Goods or Services sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
An order will be deemed to have been placed when the Client confirms the price either in person, on the phone or via electronic communication.
6) RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavours to supply the services or materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.
8) NO FIX NO FEE
Our ‘No Fix No Fee’ guarantee applies when the cost of any repair work is more than the value of a replacement device of the same specification. When repair work is deemed cost effective but refused by the Client, the Company will charge a diagnostic fee at their current rate of £20 + VAT.
9) RISK OF LOSS
Whilst the Company will do everything it can to preserve data on a Client’s device(s), it is recommended that all data should be backed up by the Client before any work commences. The Company will not be liable for any data lost during the course of its work.
10.1 New clients or other clients out of terms may be expected to pay on completion of works for their services. The Company reserve the right to withhold equipment from the Client until such times as payment is provided.
10.2 All other invoices issued by the Company shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge fees and interest in line with the Late Payment of Commercial Debts (Interest) Act 1998.
10.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
10.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
In view of the nature of the service, any order, once confirmed by the Company, is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
12) HOME VISIT
12.1 The Company reserves the right to charge a home visit fee if address is outside of our advertised callout area. This fee will be based on mileage from our location and charged per mile.
12.2 Home Visits are subject to engineer availability.
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
14) LOSS OR DAMAGE
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the devices it receives from the Client.
15) DATA PROTECTION
The Company, in the course of their work, must at times look at files and folders on the Client’s device(s). Personal and/or business information will be kept in accordance with the General Data Protection Regulation 2016/679. Illegal activities if seen will be reported to the proper authorities as deemed necessary. Any data stored by the Company on your behalf will be held for a maximum of 60 days and then securely deleted. More information can be found at our website https://www.ecobrightit.co.uk/privacy-policy/
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
18.1 The Company warrants that any work they carry out will be covered for 30 days from the completion date. If its deemed that any problem arising is the fault of the Client’s and not as a result of the work carried out, then the standard charges will apply.
18.2 Where the Company provides equipment, it will be covered by a hardware warranty that will be stated at the time of sale.
18) LIMITATION OF LIABILITY
19.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods.
19.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
19.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
19) FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
20) GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.