TERMS AND CONDITIONS
1. Interpretation
1.1 In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
1.2 “the Buyer” or “you” means the person, firm or company who purchases the Goods or Services from the Company;
1.3 “the Company” or “we” or “us” means Boro IT;
1.4 “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
1.5 “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
1.6 “Services” means any services agreed in the Contract to be supplied by the Company to the Buyer;
1.7 “Personal Data” means any data which identifies the Buyer or the Buyer’s account with the Company;
1.8 “System” means a collection of hardware, software and procedures used for a purpose;
1.9 “Place of Delivery” means the place to which the Goods are to be delivered.
1.10 In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
2.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3. Delivery
3.1 Unless otherwise agreed in writing, the Place of Delivery shall be the Company’ premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are ready for delivery.
3.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
3.3 Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
3.4 The company must be notified of any damage to goods within 2 days of receipt, and any damage to goods must be noted at the time of delivery. The company must be notified within 7 days of invoice date, regarding non-delivery of goods.
3.5 The company regrets that where goods have been specially ordered for the buyer, the company cannot accept cancellation of the order, unless the goods are faulty. If the goods are faulty, they must be returned to the company within 14 days of delivery.
4. Risk in and Ownership of the Goods
4.1 Risk in the Goods shall pass to the Buyer upon delivery.
4.2 Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
4.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
4.3.1 Hold the Goods on a fiduciary basis as the Company’s bailee;
4.3.2 Store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;
4.3.3 Not destroy or deface any identifying mark on the Goods or their packaging;
4.3.4 Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
4.4 Every product sold by the company is guaranteed in accordance with the Terms & Conditions of the manufacturer’s warranty.
5. Services
5.1 The Company shall endeavour to provide the goods and services during business hours or as otherwise agreed.
5.1.1 Business hours are Monday to Saturday 09:30-17:30, excluding bank holidays and public holidays.
5.2 The company shall use reasonable endeavours to ensure that any routine service or maintenance work, or any installations carried out cause minimum disruption to the buyer or the buyer’s business.
5.3 The provision of the services may be temporarily suspended without notice in the case of security issues, system failure, or unexpected maintenance on the buyer’s system or the company’s system.
5.4 The company shall not be liable to the buyer if for any reason the services are unavailable at any time or for any period.
5.5 The buyer will be charged for using the services in accordance with the purchase order. 5.6 As the account holder, the buyer is responsible for any charges incurred and for any purchases made by the buyer.
5.7 The company reserves the right to change its fees or billing methods, but will provide the buyer with a least 30 days’ notice of any such change.
5.8 In order for the company to provide services, the buyer is required to have the following minimum requirements: Windows XP, 512Mb RAM, 1Ghz processor, broadband connection, 2Gb free Hard disk space, up-to-date antivirus software.
5.9 In order for the company to provide the buyer with the services, the buyer agrees for the company to download and install appropriate management software onto the buyer’s system, for the sole use of the company.
5.10 Remote support can be purchased as a pay-as-you-go service. You can buy “Remote Support” units in blocks of 30 minutes and they can be used anytime (during business hours) within 6 months of purchase. To use the remote support service you must have a working broadband internet connection. Each unit is 30 minutes of remote support. Units cannot be part used e.g. if 10 minutes are used and the problem is resolved, the unit is finished; (you cannot use the other 20 minutes at a later date).
5.11 The company reserves the right to not provide or stop providing services to the buyer where the system contains material that is offensive, defamatory, harmful, or for which the buyer has not obtained necessary licence.
5.12 We do not guarantee that we can fully resolve problems remotely, but in 90% of cases we resolve the issue without the need for an onsite visit.
5.13 We do not guarantee how quickly we can respond to your remote support request, please contact us to arrange a time; remote support units are valid for 6 months from date of purchase.
5.13.1 During busy periods we may not be able to provide same day remote support. In these circumstances we would try to arrange the support session for the following business day.
5.14 We have four business support contracts for you to choose from. Each contract is subject to a 6 month minimum term. Once the initial six months has finished you will need to give one month’s notice to cancel the contract.
5.15 Our 4-hour Service Level Agreement for business users is based on us responding within 4 hours, by telephone or otherwise. We aim to provide an onsite engineer within 24 hours, but this is not guaranteed. For a more urgent service, or for out of hours support, please contact us on 01733 808178.
5.16 Our No fix No fee policy does not apply when the technician cannot repair the computer on-site due to difficulties caused by the customer, e.g. arriving to find there is nobody at home, or customers forgetting passwords etc.
5.16.1 Our No fix No fee policy does not apply to remote support sessions.
5.16.2 Our No fix No fee policy only applies to home users. It does not apply to businesses.
6. Price
6.1 The price for the Goods or services shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list.
6.2 The price for the Goods may be exclusive of costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition if directed by the company and included in the quotation.
6.3 The Buyer shall pay such deposit as the Company shall direct.
6.4 We do not charge any call-out fees unless;
6.4.1 The customer lives outside the Peterborough area, and a fee has been agreed between the customer and Boro IT.
6.5 For onsite support services we charge by the hour; minimum 1 hour.
7. Payment
7.1 Payment of the price of the Goods or Service shall be due 30 days from the date of the Company’s invoice for the Goods or Service.
7.2 Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
7.3 The company shall be entitled to charge interest at the rate specified under the Late Payment of Commercial Debts (Interest) Act 1998 on all sums not settled within the terms of this Agreement.
7.4 All monthly rates for services shall be paid to the company’s nominated bank account by standing order on the first day of each month.
7.5 All invoices for goods or services not provided on a monthly basis will be issued at the time of sale and must be settled within 30 days of the invoice date.
7.6 Payment for any remote support services will be paid to us via the Boro IT website before any remote support takes place.
7.7 Please contact the company on 01733 808178 if you require a refund on faulty goods. 7.7.1 The company will only accept refund requests within 14 days of delivery and complete with original packaging.
7.7.2 Non-faulty goods will only be accepted at the discretion of the company, within 14 days of delivery provided they are unopened and in perfect condition.
7.7.3 Non-faulty returns will be refunded less a 10% handling charge; this also includes faulty items where no fault is found by the company.
8. Warranties
8.1 The Company warrants that the Goods are of satisfactory quality.
8.2 If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
8.3 The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
8.4 The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
9. Limitation of Liability
9.1 The company shall be under no liability to the buyer whatsoever whether in contract, tort or otherwise for any direct, indirect or consequential loss or damages whatsoever including, without limitation, loss of contracts, profits, anticipated savings, revenue, business, data, stoppage to other work howsoever arising, due to your use of or in connection with this website.
9.2 It is the responsibility of the buyer, to backup data and software in accordance with good business practice.
9.2.1 The company accepts no responsibility for loss of data.
9.3 The company shall not be held responsible for any costs that arise from the buyer’s disregard to meet the minimum system requirements specified or from failure to upgrade their system when and how recommended by the company.
9.4 The information provided on this website is provided without any warranty and implied terms and conditions are excluded.
10. Force Majeure
10.1 If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. Personal Data
11.1 Personal data will be collected and processed by the Company for the purposes of billing or for statistical purposes.
11.2 Telephone calls made to the Company may be monitored or recorded for training and quality control purposes.
11.3 The Company shall disclose personal data where compelled to do so by law. For further information please see the company’s privacy policy, which forms part of these terms and conditions.
12. General
12.1 These Conditions are Boro IT’s current Conditions of trade.
12.2 Boro IT maintains the right to add to or amend these Conditions.
12.3 The Buyer will be responsible for satisfying themselves as to the Conditions on an on-going basis and currently applicable to the transaction(s) in hand, by either viewing the Boro IT website or requesting a hard copy direct from Boro IT.
12.4 Nothing in these Conditions shall confer on any third party (that is, any party other than Boro IT or the Buyer) any benefit or the right to enforce any term of these Conditions and the application of the Contracts (Rights of Third Parties) Act 1999 to these Conditions is hereby excluded.
12.5 If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
12.6 These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
