Terms & Conditions
Oak Technology Limited
07 January 2008
Our terms are simple practical measures to ensure we can offer a
smooth and efficient service.
It is deemed that the customer agrees to read and accept, in full,
the current terms and conditions provided on our website at (http://www.oaktechnology.co.uk/terms)
before engaging Oak Technology to perform any services or supply
products.
A. Definitions
"Oak Technology" , “we”, “us”, “our” means - Oak Technology
Limited registered in England (company no 05783986)
"Customer", "you", "your" - any company or individual who engages
Oak Technology for services.
Service” means any service Oak Technology offers, including but not
limited to Consultancy and Technical Support.
B. Service / Product Terms
- Regular hard disk backups are an important part of
responsible computer ownership. It is essential that, prior to
any work commencing on your equipment -- no matter how small --
you have taken the precaution of performing a backup of your
computer's hard disk and verified it to make sure that you are
able to retrieve it should you need to do so.
- It is the responsibility of the customer to ensure that they
have sensible contingency plans in place in the event of an
outage which may affect their business. We cannot and will not
be held responsible for any consequences of a customer not
having suitable contingency plans in place.
- You are responsible in ensuring that you have a valid and
current licence for ALL software we install, on your behalf. Any
software that we install must be presented on ORIGINAL media
with genuine serial numbers / activation codes. You must also
make sure that you have read and accepted any licence agreements
that accompany the software prior to having us install it. We
cannot be held responsible or liable for any breach of such
software licensing agreements.
- Any other third party products or services described on our
site are supplied by the relevant third party and subject to
that third party's terms and conditions. Even where third party
products or services are co-branded by us, we do not endorse
them, warrant the accuracy of third party information about
those products or services, or warrant the quality or
suitability of those products or services for your use.
- We will display on our Website certain variable information
which you will need to know before you place your Order, such as
the range and descriptions of Products and Services and their
current prices. This information may also be available outside
the Website, for example in printed documentation or supplied
over the telephone by our sales staff. Note that this variable
information is known as an "invitation to treat" and not a
contractual offer from us which you may accept. This means we
reserve the right to correct any errors in that information
without any liability to you. It also means that in no
circumstances will we be contractually bound to supply you with
Products or Services on the basis of any incorrect information,
even if that information is repeated in your Order.
- We explicitly offers no warranty for any service / product,
or guarantee that it is fit for a particular purpose.
- We reserve the right to remove any goods and service that
has not been paid for in full by the customer, by the required
date.
- We reserve the right to utilise 3rd parties, where
necessary, in order to deliver our customer requirements.
- Any hardware, particularly PCs, must be paid for in advance
at the time the order is placed.
C. Web Site Hosting
- Any web sites that we host on our servers will be backed up,
at least, once per week and monitored regularly to maintain
maximum availability / uptime.
- Web sites hosted on our servers are not guaranteed to be
available 24/7 as there will be scheduled maintenance windows
and resources which are outside of our control (such as internet
connectivity / hardware and software). However, we will
endeavour to resume service as quickly as possible.
- Any reported continuous period of downtime in excess of 24
hours will result in a refund for the whole of the effected
calendar month.
D. Payment Terms
- Payment will be expected by the due date shown on the
invoice, unless otherwise agreed by us in writing in advance.
- If no payment is received by the date it is due, we will
contact the customer in writing by email to request immediate
payment.
- If payment has not been received 14 days after the date it
was due, we will contact the customer in writing to request
immediate payment and daily interest will be applied to any
outstanding balance at a rate of 2% per calendar month.
We reserve the right to charge an administration fee of £25 in
respect of unpaid invoices.
- If payment has still not been received 60 days after the
date the payment was due, we will, at our discretion, take
legal proceedings to recover payment.
E. General Terms
- We reserve the right to vary these terms and conditions
without notice, however we will make every endeavour to give 30
days notice in the event of a change. We will not send you a
printed version of the current Terms & Conditions so it is your
responsibility to print and retain a hard copy.
- We shall accept liability for direct physical loss or damage
to your tangible property up to an amount in aggregate of one
hundred and fifty percent (150%) of the total price paid for the
Products and/or Services which directly caused that damage to
property as set out on your accepted Order (the "Price") or five
hundred pounds sterling (£500), whichever is the greater, where,
and to the extent that, such loss or damage is caused by our
negligent act or omission, breach or default; and for direct
loss or damage, up to an amount in aggregate of one hundred and
fifty percent (150%) of the Price paid where, and to the extent
that, such loss or damage is caused by our negligent act or
omission, breach or default.
- These terms and conditions are governed by and must be
interpreted in accordance with English law. In the event of any
dispute arising in relation to these terms and conditions or any
dispute arising in relation to the web site (whether in contract
or tort or otherwise), the English courts will have
non-exclusive jurisdiction over such dispute.