“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.
An order will be deemed to have been placed when the Client confirms their acceptance of the price quoted either in person, on the phone or via electronic communication.
5) RIGHT TO SUBCONTRACT
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.
7) 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 £24.00 inclusive of VAT.
8) 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 its work.
9.1 New clients or other clients out of terms may be expected to pay on completion of works for their services.
9.2 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 or non-payment, the Company reserves the rights to charge the Client for any reasonable and foreseeable costs incurred to recover any monies owed.
9.3 If any amount of an invoice is disputed then the Client should 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.
9.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
10) CANCELLATION WITHIN THE CANCELLATION PERIOD
If you enter into the contract at a distance (over the phone, by email or internet), you are entitled to a 14-day cancellation period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As the contract is for services the 14-day cancellation period starts the day after which you entered into the contract.
If you would like the service to start within the 14-day cancellation period, you should expressly request this. If you expressly request for the service to start within the cancellation period, you still have the right to cancel the contract (up to the end of the cancellation period) however you would be liable to pay the costs of any service carried out until the point of cancellation. Once the service has been carried out and the contract fully performed, you lose your right to cancel the contract.
If you do not expressly request for the service to start within the 14-day cancellation period, the service will not be started until this period expires.
To cancel the contract please complete the cancellation form here or via email (firstname.lastname@example.org) or telephone (01329 800610).
11) 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.
12) 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.ark-systems.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.
14) 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.
15) 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.