Full General Terms and Conditions

Our general trading terms and conditions for other services are as follows:-

1. Without prejudice to any rights you may have at law which we have no wish to legally exclude or restrict. We (Southcot Services Ltd) will not in any circumstances be liable for any damages or losses, over and above the replacement cost of the items supplied, arising out of the use, or inability of use or supply or non-supply, of the products supplied.
2. Any goods supplied, whether equipment or building materials, will remain the property of Southcot Services Ltd until full payment has been received. We will be allowed full access to recover such goods if there is a default in payment.
3. Our software remains the property of Southcot Services Ltd. The licence supplied with the software will outline the exact conditions that have to be met to use it legally and these conditions would be available for inspection in advance of purchasing. Licenses are non transferable without our express written permission. We retain the copyright on all software written by us. Charges will be made at standard daily rates to return data where it is stored on recovered equipment. We can offer no guarantee as to the protection of such data.
4. Access to a phone will be provided by the customer at the time of any installations and we do not bear the cost of any calls which have to be made to successfully complete the installation. Quotations are based on the understanding that access to the site is possible for periods outside normal working hours of 08:00 to 17:30 Monday to Friday. If access is limited to these times there may be a need to make additional labour charges.
5. Customer's own conditions of purchase or buyer's standard conditions of purchase shall not apply unless specifically accepted, in writing, in advance.
6. All prices we quote and list are excluding VAT unless it shows otherwise. VAT is applied at the rate applicable at the time invoices are raised. Paymants made by Paypal, debit or credit cards will be subject to a small surcharge. Any payment returned by the bank or credit card company will incur an administration charge of £60.00. This will be invoiced and added to the total outstanding debt owed by the client.
7. Travel is charged extra at standard rates, subsistence and other incurred costs are charged at cost.
8. Over night accommodation, where we deem it necessary, is charged at cost.
9. Quotations for services will be valid for one calendar month from the date of the quotation. The cost of goods and materials may fluctuate to reflect any changes imposed by our suppliers.
10. Payment. Hardware and third party software is supplied strictly on a payment first basis unless agreed otherwise in writing in advance. Our standard terms on all other items are 14 days please note we also understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to these terms.
11. Where support is provided on services or goods purchased, we reserve the right to withdraw such support where payment is overdue, whether as a result of oversight or dispute. We reserve the right to suspend any services we supply where payments for those services are overdue, whether as a result of oversight or dispute, and at least one reminder has been sent.
12. Customers using our On Line Backup (OLB) or our Continuous Data Protection (CDP) services are responsible for configuring these services and regularly checking that the systems are running as they require. We do not monitor these backup services at a client level, we only monitor that the servers are running without error and have sufficient capacity. OLB uses the internet to upload files and changes. The customer is responsible for these broadband costs and needs to ascertain whether this activity will affect his/her activity allowance if there is one.
13. When installation or configuration is commissioned on an existing system, a full back up must be made by you immediately prior to us commencing work. Unless this is done we cannot guarantee to completely reinstate the system and data if that becomes necessary. In circumstances where Southcot Services Ltd is managing that backup for you, we will undertake to perform the relevant backups. However this responsibility is limited to the data, files and code that our back up systems are configured to protect. It should be noted that customers using our On Line Backup (OLB) or our Continuous Data Protection (CDP) services are responsible for confirming that the required backups are done, not Southcot Services Ltd. Customers must have access to technical support for other third party software on their system and also have legal title and licence codes where appropriate to all software we might have to configure or reinstall. Without this we can not guarantee to resolve reinstallation matters or conflicts with software we have installed or changes we have made.
14. Charges due to unrelated faults or unforeseeable incompatibilities will be charged as extra, permission will be sought before any additional work commences. Additional parts will be chargeable and labour for fitting will be at standard rates.
15. All fitting, cables and computer components removed and/or replaced shall be retained by us unless agreed otherwise, in writing, in advance.
16. It should be noted that where quotations are itemised the costings shown are calculated in respect of the whole tender. Where a customer wishes to place an order for just part of a quotation s/he must confirm with us in writing that the prices quoted can be maintained.
17. Where there are failures beyond our control with regard to 3rd party resources we sell on, we guarantee to make arrangements for a customer’s resources to be transferred to ensure the maximum continuity of service. It must however be noted that there may be delays in this transfer and there may be additional charges to pay.
18. Annually renewable agreements will be subject to an annual cost of living increase on their anniversary irrespective of whether terms are due to be renegotiated because of change of circumstance. Annual agreements are automatically renewed on their anniversary unless notice to cease has been received by us 180 days prior to the anniversary date and we have acknowledged them in writing.
19. Quarterly renewable agreements will be subject to an annual increase on their anniversary irrespective of whether terms are due to be renegotiated because of change of circumstance. Quarterly agreements are automatically renewed every three months unless notice to cease has been received by us 90 days prior to the renewal date and we have acknowledged them in writing.
20. Monthly renewable agreements will be subject to an annual increase on their anniversary irrespective of whether terms are due to be renegotiated because of change of circumstance. Monthly agreements are automatically renewed every month unless notice to cease has been received by us 35 days (that is prior to the last renewal date) and we have acknowledged them in writing.
21. In the event of a customer discontinuing a renewable agreement the outstanding balance of the contract must be paid unless Southcot Services Ltd have agreed in writing to reducing the money owed pro rata
22. Renewable agreements must be paid for in advance by monthly standing orders on or before the first day of the preceding month.
23. Renewable agreements and SLAs usually comprise a range of services that Southcot Services Ltd needs to deliver. In the event that the customer is of the opinion that Southcot Services Ltd has failed to deliver part of the service the customer shall not withhold payment nor cite this as reason for cancelling the whole contract. In this circumstance there must be proper written discussion of the complaint. If no resolution has then been arrived at, the matter shall be referred to the arbitration of a single arbitrator appointed by agreement of the parties or failing such agreement appointed by the President for the time being of The British Computer Society. The arbitration shall be governed by the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
24. Errors and omissions excepted. For an explanation of this term see Wikipedia

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