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Terms
& Conditions
1.
DEFINITIONS
"The
Supplier" means Synergic UK Ltd - registered address 246
High Road, Harrow Weald, Middlesex, HA3 7BB. "The Buyer"
means any individual, organisation or company purchasing goods
or services supplied by Synergic UK Ltd.
2.
CONDITIONS APPLICABLE
Unless otherwise agreed in writing, the conditions laid out below
shall prevail over any conditions stipulated by The Buyer.
The Supplier reserves the right to alter and re-publish these
terms and conditions from time to time, as required.
3. SPECIFIC CONDITIONS OF SALE
The Supplier reserves the right to decline to trade with any company,
organisation or individual.
In the event that The Supplier declines to accept an order in
respect of which payment has been received, the full amount of
such payment will be refunded to The Buyer.
4. PRICES AND QUOTATIONS
Prices may be varied by The Supplier, in accordance with cost
variations beyond their control, until and unless confirmed in
writing.
5.
PAYMENT TERMS
The Buyer must pay for all goods and services, supplied to them
by The Supplier, in accordance with The Supplier's stated settlement
terms (usually 30 days, but shown on each order and invoice).
If payment is not made within the stated terms of any invoice,
The Supplier shall be entitled to charge interest on the amount
due from that date until the date of payment in full (whether
before or after judgement) at 3% over the base rate of Lloyds
Bank plc.
All
goods supplied remain the property of The Supplier until paid
for in full.
6. LAW
These conditions shall in all respects be construed and operated
as an English contract, conform to and be governed by English
Law and be subject to the jurisdiction of the English Courts.
7.
GENERAL REPONSIBILITIES & EXCLUSIONS
The Supplier cannot accept responsibility for any loss of data
(howsoever caused) from any computer. The Buyer is responsible
for taking adequate backup copies of all data.
The Supplier cannot accept responsibility for conflicts between
software and/or hardware items, where such conflict is caused
by issues beyond The Supplier's control. Such issues must be addressed
to the hardware manufacturer(s) and/or software author(s).
The
Supplier cannot accept responsibility for any problems arising
from incorrect or inadequate information given by The Buyer.
It
is the responsibility of The Buyer to make available to The Supplier
all disks and/or manuals for any hardware/software to be worked
on.
At
all times, The Buyer is responsible for ensuring that adequate
licensing has been purchased for all software and hardware used.
8. DATABASE DEVELOPMENT/CUSTOMISATION
For the purposes of these terms and conditions, the term "intellectual
property rights" shall mean all copyrights, patents (registered
and unregistered), design rights, topography rights, trademarks
and service marks and applications for any of the foregoing, together
with all trade secrets, know-how, rights to confidence and other
intellectual and industrial property rights in all parts of the
world.
The Supplier (unless otherwise agreed in writing) owns the intellectual
copyright on any custom written system or database developed by
The Supplier.
The
Buyer shall immediately bring to the attention of The Supplier
any infringement, or suspected infringement, by any 3rd party
of any of the intellectual property rights in the software/database
in question of which it is aware, and shall at the request &
expense of The Supplier take such action or assist The Supplier
in taking such action as The Supplier may deem appropriate to
protect its rights.
The
Buyer undertakes not to remove, delete or obscure any copyright
notices or confidentiality notices on, or in, the software/database
in question.
9. HARDWARE & SOFTWARE (RESALE)
The Supplier shall at no time be held responsible for hardware
or software supplied via a third party.
Payment for hardware & pre-packaged software is due with order,
unless agreed otherwise in advance and in writing.
The
Supplier is not liable for repair or service of hardware supplied.
It is the responsibility of The Buyer to ensure that adequate
maintenance agreements are established with appropriate suppliers,
where required.
10. SUPPORT SERVICES
The Supplier provides telephone support to contracted clients
only, usually during the following hours;
Monday to Friday
8:00am to 6:00pm
Except Public Holidays.
Unless
otherwise stated in writing by the Supplier, support services
are payable monthly in advance by Standing Order.
From
time to time, training and emergencies may require temporary closure
of the Helpdesk. Such closure will be advised in advance.
Unless
otherwise stated in writing, following an installation by The
Supplier, The Buyer is entitled to free telephone support on issues
related directly to the installation, for a period of seven calendar
days from the installation date. This support is otherwise subject
to our normal terms & conditions for telephone support (see
below) and is only available during our normal support line operation
hours. After seven calendar days, normal support terms will apply.
The
Supplier provides support on a "best endeavours" basis.
The
Buyer is responsible for ensuring that all appropriate personnel
are aware of the correct telephone number(s) to use for support
calls (as advised by The Supplier) and for ensuring that The Buyer
and/or its representatives do not use the support line for other
general calls.
The
Supplier reserves the right to refuse to provide support in any
of the following circumstances;
The
Supplier has reasonable cause to believe that the client is not
adequately trained on the products in use or has not taken reasonable
steps prior to calling The Supplier, or has acted maliciously
or deliberately to cause the problem.
The Supplier has reasonable cause to believe that the client is
not contracted for support, or is unwilling or unable to pay for
the support to be provided, or that the client is in arrears with
any payments due to the Supplier, whether in respect of support
services or otherwise.
The Buyer cannot or will not provide adequate details of the problem
The Buyer is unable to locate diskettes, CDs, manuals or other
materials necessary to resolve the problem and/or to assure The
Supplier that licensing requirements have been met
The Supplier has reasonable cause to believe that the Buyer has
made unauthorised changes to any software/database developed by
The Supplier - or allowed such unauthorised changes to be made
by a third party.
11.
TRAINING SERVICES
All courses are subject to confirmation in writing.
Course cancellations less than 21 - but more than 14 - days prior
to the course start will incur an administration charge equal
to 50% of the course fee.
Cancellations
14 days or less prior to the course start will be charged in full.
However, a suitable substitute delegate may replace an existing
booking at any time without cost penalty.
The
Supplier owns the copyright on any training materials (including,
but not limited to, manuals, disks, overheads etc) developed,
written or produced by The Supplier. This is the case even where
such materials are produced on behalf of The Buyer, unless prior
agreement has been secured in writing from The Supplier.
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