Services Terms & Conditions
1.0 All Business conducted is on behalf of Associated Technology Solutions LTD. ATS refers to Associated Technology Solutions Limited within this and all documents.
2.0 Unless otherwise agreed in writing by Associated Technology Solutions , all services, hardware, software and any other equipment to be provided by Associated Technology Solutions will be provided subject to and in accordance with these terms and conditions, all other representations, terms, conditions and/or warranties, express or implied, are hereby excluded and negated. Where Associated Technology Solutions agrees to any provision which is inconsistent with, or supplementary to, these conditions then these conditions shall be amended only to the extent necessary to give effect to such additional provision(s).
2.1 All services to be provided by Associated Technology Solutions will be provided at the contract rate shown in the quotation (plus disbursements at cost); all costs and conditions are accurate at time of print and are subject to change without prior warning. All efforts are taken to ensure that this information is accurate for the duration of the contract period. If Associated Technology Solutions or any of its trading styles is required by the customer to spend additional time or expend
additional resources on the contract, this will be charged at current rates to the agreed contract.
2.2 Associated Technology Solutions reserves the right to send substitute consultants / contractors or ATS staff at any time in order to complete the project on time or to meet required levels of agreement.
2.3 Associated Technology Solutions will at all times be regarded as an external entity undertaking the project under a contract for products and/or services and shall not be under the day to day control of the clients company or staff and shall not be required to use your equipment unless otherwise agreed or to be under exclusive contract to you or to be regarded as part of the clients business.
2.4 All invoices are to be paid by the Customer within 14 days of the date of the invoice (the “due date”), unless otherwise agreed. All prices exclude VAT. Travel and accommodation costs may be applicable on an individual or packages basis. Charges of up to 8% may be applicable for late or failed payments. This will be individually charged per 5 working day intervals for requested payment.
3.0 Where bespoke software & hardware has been supplied, the Customer shall supply to ATS test data suitable to test all aspects of the software and ATS shall process such data with the software by way of acceptance testing. Immediately after successful processing of such data by ATS the Customer shall be deemed to have accepted the software/hardware on
trial for 7 working days, during in which time all acceptance testing must be concluded by the customer. At the end of which time the Client will then take ownership of licence to that hardware or software. If no such test data is made available, the Customer shall be deemed to have accepted the software at the end of the testing phase by ATS. No 7 day period will be made available. Ownership will take place from the date when Associated Technology Solutions supplied the software to the Customer.
3.1 Bespoke Hardware & Software may be developed and maintained by third party companies where applicable. ATS will only act as a consultant between parties and will not be responsible for maintenance, upgrades, or recovery.
3.2 All software & Hardware that is developed by Associated Technology Solutions is owned by ATS and its trading styles. All hardware and software is taken under licence agreement by the client for a stated period of time either for software or user licences. Disclosure of any aspect of hardware & software to third parties by the client is prohibited without prior consent from a director of Associated Technology Solutions.
4.0 ATS Agrees to attempt to rectify any logical defects in aspect of the clients IT infrastructure, but does not guarantee that all issues are “fixable”. It is understood by the client that ATS are not responsible for any loss of business in time or finances for down time incurred by system problems. In the event of an unfixable problem it is the client’s responsibility to seek assistance from other relevant parties to resolve these issues. ATS are not responsible for maintaining “uptime” of any services.
4.1 ATS are not required to attend any client site to fix or address any problems. ATS attend client’s site or premises by request only and are not bound to any form of response time. All agreed timescales are estimation only and no guarantee is made to meet any requested time frame.
4.2 The customer is responsible for ensuring that it has suitable back-ups for its computer systems and data, even if the systems are maintained by ATS. This includes Emails that are stored or downloaded from POP/IMAP accounts held either on an ISP server or local to any machine or network. ATS takes no responsibility for the loss of any data due to hardware failures, electrical anomalies, or user error. Maintenance and upgrades of systems are carried out on the understanding that all data is the user’s responsibility and is also the users said responsibility to ensure that all critical data is maintained in a form of a backup. No responsibility is taken by ATS in any way for loss of or damage to any data stored on systems and/or servers. All work is carried out is in good faith and that data will be maintained where possible but in the
eventuality of data loss no liability for data of any kind is held by Associated Technology Solutions As aforesaid Associated Technology Solutions shall not be liable to the Customer for any/all liability for loss or damage of any kind whatsoever and howsoever arising, whether in contract or in tort, and holds no liability for death or personal injury resulting from work carried out by Associated Technology Solutions.
4.3 Work to servers and/or PC’s will not be carried out unless it’s the complete understanding of the client that ATS are NOT responsible in any way for loss of data, And by agreeing to the terms set out in this document, wave the right to any legal action over loss or damage to equipment, Data or persons.
4.4 Anti-Virus / Spy ware software that is run on any client device is solely the client’s responsibility to ensure that their systems are infection free. ATS will not be responsible for infections to systems however caused. It is not the responsibility of ATS to ensure that safeguards are run, maintained or in place for any software.
4.5 Internet connectivity for voice and data services are all held with third party suppliers. ATS cannot be held responsible for any downtime of services held with third party companies. ATS are reliant on infrastructure companies such as BT or Telewest and cannot alter timescales or prices that may be quoted. Internal Internet hardware that is maintained by ATS will fall into our emergency response service and all efforts will be made to restore service within 24 hours although this cannot always be guaranteed with specialist equipment. ATS is not responsible for loss of time or business
from failed communication services.
5.0 All Goods provided by ATS will be sent at an acceptable quality. The Customer shall be responsible for inspecting the equipment for visual damage on delivery and unless written notice of any damage is given by the Customer to Associated Technology Solutions within 48 hours of delivery; the equipment shall be deemed to have been delivered in an undamaged condition and accepted by the customer.
5.1 Associated Technology Solutions shall be under no responsibility for maintaining the equipment supplied, unless stated under a support contract held with ATS. All maintenance will be carried out by the manufacturer inside manufactures warranty period. Products outside warranty may be repairable by ATS but no guarantees are made. Goods Imported must be paid for in full prior to ordering; all goods imported are done so by customer Request and any returns or maintenance is done by the client at the client’s expense.
6.0 Associated Technology Solutions and the Customer shall keep confidential any information obtained from the other under the contract and shall not divulge the same to any third party without the consent in writing of the other party.
7.0 In the event of any breach of this Contract or the negligent installation of any equipment by Associated Technology Solutions, the remedies of the client shall be limited to damages, which shall not, under any circumstances exceed the original support contract cost or monthly retainer cost.
8.0 All work carried out by Associated Technology Solutions will be implemented as far as possible with tools and information available from hardware and software manufacturers, in line with industry recognitions. Due to the complexity of networked hardware and software solutions, Associated Technology Solutions guarantee to ensure a working environment to fit the stated contract, and will notify the client of issues or will identify potential problem areas when it is reasonably able to do so.
9.0 ATS reserve the right to terminate conversations by telephone, email or in person in the event of any ATS staff or
representative been subject to verbal abuse or hostile behaviour. ATS staff and representatives will leave any client premises if they feel subject to any hostile or aggressive behaviour whether verbal or physical. The client will be held responsible for any additional costs that are incurred from such actions. This will entitle ATS to terminate any agreements immediately without prior notice.
10.0 These terms and conditions and any contract between the parties shall be construed in accordance with, and governed in all respect by, English law, and the courts of England shall have jurisdiction to determine any dispute in relation to them. By signing this document in conjunction to any leasing or hire agreements to agree to abide by the terms and conditions set out in this document and are deemed to have understood them. Amendments to this document may take place at any time with written consent and may be terminated by Associated Technology Solutions at any time.
11.0 All Goods remain the property of ATS until paid for in full. ATS is the legal owner of all supplied goods until payment is received and payment has cleared in full. Failure in anyway not to make payment on goods will result in the equipment being returned or collected by request. Goods that are leased or hired can be redeemed at anytime by ATS if payments are not maintained or the goods are viably being mistreated. The Client is responsible for the equipment while in their care and for any repair costs that are incurred while in their care. This document must be signed and returned to ATS.
11.1 ATS can cancel or amend any contract with 14 day notice period, made in writing to the customer. The client can also cancel this agreement with a 14 day notice period. All terminated contracts must be paid to date in full.