TERMS & CONDITIONS
These are the terms and conditions which apply to all services which we, BDR Voice & Data Solutions Limited,(“The Company”) provide to you (“The Customer”) under the Support Agreement (“SA”). These Terms & Conditions shall apply in respect of every computer, server and proprietary software loaded on those machines, by us at your request (“The Equipment”). These Terms and conditions shall prevail over any other terms and conditions, but not so as to affect your implied legal rights.
TERMS & EFFECT
1. This Agreement is subject to the terms and conditions set out in this document.
1.1 This Agreement cannot come into force until:
i. A valid contract authorisation code issued by the company is inserted in the top left hand corner of this document.
ii. The annual maintenance charge is paid in full or inline with above stated (Monthly/Quarterly/Yearly) amount and is not in arrears.
SUPPORT SERVICE
2. In return for the annual fee we will provide the following service for equipment as identified in the Equipment Schedule:
* Call outs and on-site labour * Fault diagnosis * Faulty component replacement and or repair * Access to our telephone Helpline during normal office hours 0845 313 6020RESPONSE TIMES
3. When placing a call with our helpdesk. We will respond to your call based on the Response Time indicated below:
* Business Critical (BC) 2 – 4 Hours (Normally Servers only) * Standard (STD) 4 – 8 Hours (Normally PC’s not deemed BC). * Next Day (NXT) 8 – 16 Hours (Peripherals)3.1 Our Helpdesk working hours are, between 09:00am and 17:00pm Monday to Friday inclusive. We reserve the right to vary the commencement but not the duration of those hours by giving prior notice.
3.2 Weekend / Out of Hours cover, if subscribed to, applies to (BC) covered equipment only.
3.3 The decision to either replace or repair any faulty component is done entirely at our discretion. We reserve the right to charge for such repair or replacement if the component is more than three years old or failure is due to misuse or damage.
WHAT IS COVERED?
4. The details of your hardware, software and the location at which they are kept (the “Site Location”), are set out in the Equipment and Software Schedule.
WHAT EQUIPMENT & SOFTWARE IS NOT COVERED?
5. Support Agreement DOES NOT apply to:
* Software not listed on the Software Schedule * Other devices or equipment connected to the Equipment, unless detailed in the Equipment Schedule and accepted by us for cover * Equipment kept at or moved to somewhere other than the Site Location, without our prior written approval * Unauthorised or unlicensed software * Replacement parts for Laptops or portable computer equipment * Replacement parts and consumables for printers * Cleaning and servicing of PrintersOTHER CONDITIONS
6. Neither you nor we will be liable for any failure to carry out our respective obligations under these terms and conditions, caused by circumstances outside your or our, reasonable control.
6.1 You must take all reasonable steps to minimise costs of providing SA service to you and allow access to the Equipment at all reasonable times, thereby enabling us to provide our contractual service to you.
6.2 If an engineer is either prevented access to faulty equipment or you are unable to demonstrate the fault, we reserve the right to make a charge at our prevailing rate at the time.
6.3 The Support Agreement will cover legal licensed software only.
WE WILL NOT BE RESPONSIBLE FOR
7. Upon signing this Support Agreement you confirm that BDR Voice & Data Solutions Ltd is NOT responsible for the following:
* Equipment that is not detailed in the Equipment Schedule * Software that is not detailed in the Software Schedule * Equipment failure through negligence, misuse or abuse of the equipment * Repairing or replacing:- Plugs, fuses, cables or wires
- Batteries, tapes, cartridges, disks and other consumables
- Cosmetic damage
- Network cables
* Loss of Equipment * Damage caused by extreme weather conditions such as floods or storms * Consequential loss, costs or damage to your business or property, incurred in connection with use of the Equipment, by you. * Damage caused to equipment by electrical surges, even when a suitable surge protection device is in use, whether it is operating normally or not. * Loss of Data.COMPUTER VIRUS INFECTION
8. We will not be responsible for the detection or eradication of computer viruses however contracted.
8.1 This condition applies irrespective of whether we have supplied, installed, updated or recommended virus protection software.
8.2 If we have developed software exclusively for you, different conditions may apply and will be supplied with the software
SPYWARE
9. Spyware, Adware, Malware and other associated applications (including those that are bundled with such Spyware) installed on a computer are EXCLUDED from any contractual responsibility by BDR Voice & Data Solutions Ltd.
9.1 Additionally, the detection of, changes caused by, effects and removal of such Spyware is excluded from this contract, however contracted. This applies regardless of any internet content filter or Spyware detection / removal products we have recommended, supplied, installed and / or configured.
9.2 Work carried out and or equipment replaced by us, in resolving virus infection or Spyware removal WILL BE chargeable. The costs involved for labour will be at our standard rates at that time.
CAN THE SUPPORT AGREEMENT BE TRANSFERRED?
10. Support Agreement cover is specific to the Equipment and to you (the Customer). Should you sell or transfer the Equipment or any part of it to an unrelated third party the Support Agreement cover will CEASE IMMEDIATELY.
WHAT IS THE DURATION OF COVER?
11. The Support Agreement contract will last for a period up to and including the expiry date and will be renewed each year unless written notice to terminate this Support Agreement is received from you (the customer) 90 days prior to the renewal date.
11.1 We reserve the right to increase our Annual Fee by inflation PLUS a maximum of 5%. Larger increases will be confirmed to you in writing 90 days prior to renewal date.
