Terms and Conditions

Unless otherwise agreed in writing by Highbourne IT & Web Solutions Limited the following terms and conditions shall apply.

 

1. Definitions

“HIWS” means Highbourne IT & Web Solutions Limited.

“the client” means the entity named in this quotation.

“equipment” includes both computer hardware and software.

“maintenance” includes hardware maintenance (including preventative and remedial maintenance as determined by HIWS including calibrating, testing, adjusting and lubricating hardware and replacing of parts) and software maintenance (including diagnosis, removal of bugs) and remedying of faults.

“quotation costs” means the costs set out in this quotation and includes the purchase price of any equipment and payment for services.

“services” includes hardware and software support and maintenance and the scanning and activating of the client’s documentation and the provision of CD/DVD copies.

 

2. Agreement

2.1 This quotation:

(a) if accepted by the client, constitutes a binding agreement between HIWS and the client. HIWS agrees to sell the equipment and/or provide the services to the client and the client agrees to accept the equipment and/or services and pay for them.

(b) is confidential to the client and may not be disclosed to any third party. No benefits or obligations are transferable.

(c) is open for acceptance for 14 working days from the date of this quotation.

(d) is based on costs at the date of the quotation. Any increase in costs occurring thereafter will be charged to the client.

(e) does not include tax. All amounts shown in the quotation are GST exclusive.

(f) does not include freight and reimbursements which will be addition to the quotation.

 

3. Accounts and Payment Terms

3.1 The client agrees to pay to HIWS the total quotation costs as follows:

(a) 20% upon acceptance of this quotation. This payment shall be non-refundable.

(b) the balance upon delivery, installation and acceptance by the client of the equipment or

completion of the services as determined by HIWS. Such acceptance by the client may not be

unreasonably withheld.

(c) For the performance of any other service or supply of equipment, full payment is due as stated on HIWS’s invoice.  You are required to advise HIWS if you have any issues re payment terms prior to any service being supplied.  Any reasonable costs incurred in excess of quoted costs will be chargeable over and above this quotation. This will include customisation and user change requests and matters beyond the control of HIWS which shall include, but or not limited to, hardware incompatibility, network cabling or power feeds.

(d) Should the client default on any payment, a further administration charge of $250.00 shall be applied and HIWS shall be entitled to recover interest from the client at the rate of 20% per annum as from the date(s) set out above.

(e)  For any work that is not quoted on, by engaging our services, you are deemed to have accepted these Terms and Conditions and the invoice total is the payment required.  Payment will either be required at 7 days or 20^th of the following month.  This will be stipulated on you invoice.  If you have any concern, you need to address this prior to any work commencing.

 

4. Title and Warranties

4.1 HIWS will retain title of equipment supplied until payment in full is made. Title to and risk in the equipment pass to the client only once the total quotation costs and any additional amount(s) due to HIWS under this Agreement are paid. Prior to the preceding payments, the client agrees to hold the equipment on trust for HIWS.

4.2 Where hardware is supplied to a client by HIWS, in many cases a manufacturers warrantee will apply. However such warranty will usually only provide for a new part to be supplied and installed.

4.3 The service costs associated with the identification of the fault, the removal and replacement of the faulty part and any associated reconfiguration of the hardware and reloading of software are chargeable to the client in addition to the quotation costs.

4.4 The client agrees to the use of the equipment supplied in accordance with the information and specifications supplied by the manufacturer and use the equipment only for the purpose for which it was designed. Failure to do so shall negate any express or implied warranty by HIWS.

 

5. Licences and Assistance

5.1 The services to be provided by HIWS to the client are conditional upon a valid licence for any software being held by the client and in respect of additional software acquired from other licensors there being no legal restriction upon their maintenance and support by third parties such as HIWS.

5.2 The client will, at its own expense, prepare its premises prior to delivery of the equipment and provide power, environmental conditions, telecommunication facilities and cabling as required by HIWS, access to the equipment and make available appropriate staff who can authorise the services and suitable working space and facilities to enable HIWS to undertake its obligations.

5.3 Should the client require its paper documentation to be recorded in electronic form and held by HIWS such electronic data will be insured by HIWS against theft, fire or water damage and held in a secure safe.

 

6. Limitation of Liability

6.1 The liability of HIWS to the client for any loss whatsoever resulting from or arising out of the supply of equipment or services by HIWS shall be limited to a sum equivalent to the total charges made by HIWS for the supply of equipment and/or services to the client. HIWS shall not in any event be liable to the client for any damages whatsoever, including special, incidental, indirect or consequential damages including but not limited to loss of profits or business or data or information arising from any breach of the obligations of HIWS under this Agreement.

6.2 In the event, that during the services provided by HIWS, data is lost or damage is incurred to the client’s computer systems or the equipment as a result of the client’s failure to undertake backups as recommended by HIWS or the equipment manufacturer, HIWS will not be held liable in respect of the same.

6.3 HIWS is not liable for any liability incurred as a result of third parties entering the client’s systems by way of a website provided as part of the services.

 

7. Breach

7.1 If the client breaches any of the terms and conditions of this Agreement, and it does not remedy the breach within 14 days after receiving notice from HIWS, then HIWS may at its sole option, suspend performance of its obligations under the Agreement until the breach is remedied and may:

(a) enter the client’s premises to recover and remove the equipment, or to require the client to

make the same available to it.

(b) terminate the Agreement wholly or partly.

 

8. Limitation of Liability

The liability of HIWS to the client for any loss (whether direct or indirect or consequential) resulting from or arising out of the supply of or the delay in supplying or the failure to supply services to the client (and howsoever caused and whether caused by negligent act or omission of HIWS or its servants or agents) shall be limited to a sum equivalent to the charges made by HIWS for the supply of those services to the client, provided that HIWS shall not in any event be liable to the client for any damages, including special, incidental, indirect or consequential damages including but not limited to loss of profits or business or data or information arising from any breach of the obligations of HIWS under this agreement.

 

9. ACCEPTANCE

Any instructions received by the HIWS from the client for the supply of goods and or services, shall constitute acceptance of the terms & conditions contained herein.