Oak Technology - Letter of Engagement

Please print and complete the below document and return it to us at:
Oak Technology Ltd
18 Heather View
Sharlston
Wakefield
WF4 1TH

Client

I have read, understood and accept the attached Terms and Conditions and agree to read and accept the most recent Terms and Conditions provided on Oak Technology Ltd's web site, each time, before engaging them to provide any products or services.

 

Company Name:

Invoice Address (inc postcode):

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Name:

Position (ie Director):

Email Address:

Signature:

Date:

 

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. We explicitly offers no warranty for any service / product, or guarantee that it is fit for a particular purpose.
  7. 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.
  8. We reserve the right to utilise 3rd parties, where necessary, in order to deliver our customer requirements.
  9. Any hardware, particularly PCs, must be paid for in advance at the time the order is placed.

C. Web Site Hosting

  1. 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.
  2. 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.
  3. 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

  1. Payment will be expected by the due date shown on the invoice, unless otherwise agreed by us in writing in advance.
  2. If no payment is received by the date it is due, we will contact the customer in writing by email to request immediate payment.
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. 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.