Terms & Conditions

CED Services Limited trading as Network Birmingham

1310 Birmingham Business Park ● Birmingham ● B37 7BF Registered in England & Wales. Company Number 04542329

TERMS AND CONDITIONS

1. General

These pages define the standard terms and conditions of supply that apply to the Works to be carried by CED Services Limited

2 Pre-Requisites

2.1 Arrangement and/or completion of any Third Party services required as part of the works.

3 Customer Responsibilities

3.1 Unpacking and the positioning of all Hardware equipment in its final location prior to the commencement of the works.

3.2 Ensure that the users of any existing systems that are being upgraded, or extended, are informed that the systems will be unavailable during the period over which the Works are being carried out.

3.3 Ensure that full, verified tape backups of any existing network Servers are made prior to the commencement of the works. In the event of unforeseen difficulties we may have to use these backups to restore Servers to their previous state. The Customer is therefore responsible for any loss of data due to failure, or incompleteness, of any backup tapes provided.

3.4 Provide us with a network administrator user’s logon identity and password for all existing Servers to be accessed.

3.5 Ensure that we are granted full and exclusive access to all parts of the network between 9 a.m. and 5 p.m. Any Works to be undertaken outside of these hours will be agreed with the Customer.

3.6 Ensure we are informed of any operational difficulties with either any existing network or building infrastructure prior to the commencement of the works.

3.7 Ensure that full and legal licences are possessed for all Software installed on the Server or Workstations before, during or after the Works to be carried out.

3.8 Following the completion of the works and with the exception of any outstanding actions the customer must endeavour to functionally check all Hardware and Software installed or configured.

3.9 Functional checks should be carried over the first 5 days under full operational conditions i.e. with normal numbers of users logged on and accessing the Hardware and Software in typical modes of use.

4 Hardware

4.1 The minimum specification for Workstations should be determined in relation to the Software Applications required to be installed on the Workstation.

4.2 We cannot be held responsible for the performance of a Workstation if the Hardware specification does not meet the requirements necessary to run a particular application and will not undertake tasks to configure Workstations that do not meet the required specification.

5 Software Application Installation

5.1 We will use reasonable endeavours to ensure that any Third Party Software supplied for inclusion on systems in installed in accordance with the requirements of the Customer. Where this is not possible due to limitations of the Hardware and/or Software the Customer will be informed at the earliest possible opportunity.

5.2 Where existing Software Applications are migrated from existing systems the Applications will be migrated on an “as exists” basis and any issues with the existing Software will not be investigated or rectified.

5.3 It is the responsibility of the Customer to ensure that a Customer representative, with sufficient knowledge of the Software application, is available to ensure the application is fully tested following the installation.

6 Payment

6.1 The price shall be payable within thirty days of the invoice date.

6.2 Any payments shall be made without set off or deduction and in the event of any late payment, we shall be entitled to charge interest at a rate of 3% above the base rate from time to time of Santander UK plc, from the date the payment was due until date of payment.

7 Liability

7.1 We cannot be held responsible where a system cannot be made to function correctly for reasons beyond our reasonable control, e.g. virus infection, misuse or abuse, force majeure, faulty or incompatible Hardware (unless supplied as part of this integration work) or corrupt or incompatible Software supplied by the Customer.

7.2 Save in the case of negligence by us causing death or personal injury (for which CED Services’ liability shall be unlimited), we shall only be liable to the Customer for any direct physical loss caused by the failure by us to perform its obligations hereunder up to a maximum of the total payments made by the Customer to us in the calendar year in question.

7.3 We shall not be liable for any indirect, special or consequential loss howsoever arising (including but not limited to loss of anticipated savings or data).

8 Other

8.1 No alteration to the agreement shall be valid unless made in writing and signed by both parties.

8.2 Any notices required to be given under this agreement shall be in writing and shall be sent to the respective addresses of the parties set out in this agreement. Notices shall be served by post or facsimile and in the case of service by post, shall be deemed served two working days after posting and in the case of service by facsimile shall be deemed served on the next working day from receipt of successful facsimile transmission.

8.3 This agreement shall be governed by the laws of England and Wales.