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Millbourne IT & Training Consultancy
Terms and Conditions

Terms and Conditions

Payments are accepted by Cash or Cheque only. Cheques must be supported with a valid guarantee card. In some instances, by prior arrangement Banker's Automated Clearing Services (BACS) payments will be accepted. Payment must be made on completion of work unless otherwise agreed. Goods will not be released until payment has been accepted. Invoices are issued at MIT&TC's discretion only. Invoice terms are strictly 7 days. Late payment of invoice(s) will incur a daily charge of 3% over bank base rate (calculated at time of incurred charge). Goods are not supplied on approval or on a trial basis. Any items we specify and agree to source are available at the time of specifying. In the event of non-availability of goods, we reserve the right to rescind the contract or to offer substitute goods at their own value. Prices may change because of supplier changes or alteration in taxation. Prices may also vary, if during projects changes have to made due to reasons beyond our control thereby causing increase in man hours or materials. Where MIT&TC is sourcing parts/accessories we will always endeavour to achieve a competitive price, we do not guarantee the 'cheapest' price. All goods remain the property of MIT&TC until paid for in full. All warranty acceptances are at the discretion of the supplier, and MIT&TC is not to be held responsible in the event of any failures on part of the supplier in accepting to refund / exchange any products. Prices and manufacturers specifications are subject to change without notice. Minor specification variations do not entitle the purchaser to rescind the contract. All goods are supplied in good faith and returns or warranty claims are with the supplier or manufacturer. MIT&TC will not held responsible for delays in resolving issues due to awaiting parts / accessories or due to matters arising from any undeclared state of the hardware or software once and investigation is under way. MIT&TC will not be responsible for loss or corruption of data caused by computer malfunction or damage while in our possession or while being worked upon on site. The owner / user is responsible for ensuring that there is a copy (back up) of all data on the computer(s). It is the responsibility of the owner / user to ensure data is 'backed-up' prior to any work being carried out on a site or on a computer. In the event a copy (back up) of data cannot be made because of total system failure, MIT&TC accepts NO liability if the data cannot be saved or restored in any form. Failure of components during any maintenance and / or fault finding work is not the responsibility of MIT&TC. Any cost for repair or replacement of these items will be borne by the customer. MIT&TC is not responsible and will not bear the cost of any consumables used during testing, investigating or resolving problems. (i.e. paper, ink, Disks, Tapes etc). Rates charged for Call Outs are laid out in our Rates document on the Internet and available upon request. On-site investigations are at current rates, (Ask for details). Each fault / task needs to be treated singularly. Multiple tasks should be logged as such as also and will be attended to in that manner The fixed price / repeat call outs refer to any predefined issue or problem, other issues or problems are charged accordingly. If a problem remains after the initial call a further visit will not incur a further charge, however if there is another problem (or cause) this will incur a new call out and hence new charges. MIT&TC may use contacts in the IT industry for any major project work required by customers or for any specialised support. These services may be on a direct basis to give the customer the best price. Telephone support does not imply an immediate answer / response. It is not a helpdesk service and as such not manned all the time, any left messages are monitored regularly and responded to regularly. Remote Support is subject to site survey and compatibility. Additional hardware or software may need to be purchased. Charges for telephone and or remote support are payable in advance, non-payment will cease support for that period. The owner / user is responsible for supplying applications, operating system or other data in disk form for re-installing on a computer, MIT&TC will not be expected to install unlicensed software. MIT&TC will have no involvement in any disputes or claims over licensing. MIT&TC will always recommend installation of Anti-Virus software, where this advice is not followed MIT&TC do not accept responsibility for any loss of data or earnings relating to damage caused by any Virus (incl. Macro virus, Trojan, Worm or Scripts). MIT&TC does not guarantee the effectiveness nor can be held responsible for any Virus (including Macro's, Worm or Trojans) that may be due to Anti-Virus software or Firewall software that was installed or supplied by MIT&TC. This will be under the specifications of the Manufacturer. The customer is responsible for ensuring that Firewall software or hardware is kept active and configured for maximum protection. The customer is responsible for keeping Anti-Virus software up to date, MIT&TC will advise and may (at their discretion) update during visits. With Virus activity changing on a daily basis the customer must have a procedure in place to maintain protection. Freeware, Shareware or otherwise supplied software from the public domain, such software is supplied to the client on an "as is" basis and shall remain under the agreements of the original supplier/developer. Any payments or agreements are between the customer and the original supplier/developer. MIT&TC will have no involvement in any disputes or claims. MIT&TC makes no warranty as to fitness for purpose, performance or as to freedom from embedded malicious software. Any Hardware or Software that cannot be supported, that is not brought to our attention during initial request for support or survey or that is subsequently requested for support will not be the responsibility of MIT&TC to resolve. The Customer will supply passwords or be available to input any passwords needed in order to work on a system. Failure to do so will result in the work being suspended and a charge for the call out and the time on site. Any additional visit and time will be charged separately. Where a visit does not result in completion of the work stated due to lack of information, services, hardware or software, including services of 3rd parties, any subsequent visit will be chargeable. Where any disagreement occurs, MIT&TC will remove any part / accessories fitted and 'undo' any work undertaken. MIT&TC will not be responsible for the state of the machine. That is, MIT&TC will not take time or be responsible to reinstate the 'faulty' state the machine was in or be responsible for reinstalling or returning faulty parts. MIT&TC will uphold customer confidentiality and current laws regarding content of data on any systems. Where any of the content is unlawful we reserve the right to contact the relevant authorities. The Links on the Web Site are provided in good faith and MIT&TC is not responsible whatsoever for any services and/or information gained or provided by the persons or companies listed. MIT&TC cannot accept liability if fulfilment of our contractual obligations is prevented or affected by reason of circumstances amounting to 'force majeure'. Circumstances amounting to 'force majeure' include any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war, or threat of war, civil strife, riot, terrorist activity, industrial dispute, natural or nuclear disaster, fire, sickness, bad weather and acts of any Government or public authority and all similar events which are beyond our control. MIT&TC reserves the right to amend or change the Business Terms of Conditions as and when necessary. The terms and condition here in do not effect customer rights as laid out in specific legislation, for example; the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, and the Unfair Contract Terms Act 1977. If part of these terms is found to be unlawful, it shall not affect the validity of the remainder. In the event that any part of these terms and conditions is thought to be illegal un-enforceable or invalid, MIT&TC will have the benefit of any such part until it can be proved otherwise in an English court of law.