Soltech IT Terms and Conditions of Trading

Definitions

(1) "Business Customer" means a customer who is not a Consumer.

(2) "Consumer" means an individual who is not acting for the purposes of his or her business or profession.

(3) "Soltech IT Ltd" means Soltech IT Ltd also referred to as "we" or "us" in these terms and conditions.

(4) "Catalogue" means the catalogue of products and services offered by Soltech IT Ltd.

(5) "Force Majeure" means any cause affecting the performance by Soltech IT Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

(6) "Normal Working Hours" means 9 am to 5 pm on a Working Day.

(7) "Working days" means Monday to Friday, excluding Bank or other Public holidays. (8) “Delivery” means acceptance of goods by delivery, collection or other methods of receipt.

Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Consumer Clause.

Orders

(1) All contracts of sale made by Soltech IT Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Soltech IT Ltd is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.

(2) All orders are subject to acceptance and to availability of the goods ordered: Soltech IT Ltd is entitled to refuse any order placed by you.

(3) You undertake that:

(a) all details you provide to us for the purpose of purchasing goods or services offered are correct, and

(b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

Please note, Soltech IT Ltd may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.

Prices

(1) Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

(2) Soltech IT Ltd reserves the right to modify the prices from time to time.

(1) Soltech IT Ltd shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

(2) In the case of a Business Customer, if Soltech IT Ltd is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Soltech IT Ltd in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Soltech IT Ltd after the above date but before delivery of the goods or notification from Soltech IT Ltd that the goods are ready for delivery. This Clause does not apply to Consumers.

(3) In the case of Business Customers, Soltech IT Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies Soltech IT Ltd of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.

(4) Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

(5) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

(6) Title in the goods does not pass to the Customer until payment is received in full by Soltech IT Ltd.

(7) If the Customer cannot accept delivery, Soltech IT Ltd may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Soltech IT Ltd may charge the Customer for the additional delivery costs incurred.

(8) The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Soltech IT Ltd shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

(9) Upon delivery of the goods, the Business Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Soltech IT Ltd shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

(10)Labour and implementation will be invoiced at the agreed hourly rate, which is charged by the full hour. i.e 2 hours and 15 minutes labour will be charged at 3 hours. Customers commit to these payment terms and conditions at the the point of chargeable labour commencing.

(11) Travel time and expenses may be charged separately. Customers commit to these payment terms and conditions at the point of travel commencing or expenses being incurred.

Payment

(1) Payment is due on shipment \ collection unless a Customer has been approved for credit. Soltech IT Ltd's standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing. 

(2) If payment is not made on the due date, Soltech IT Ltd will be entitled to charge interest daily on the outstanding balance at the rate of 8% above Barclays Bank PLC base lending rate from time to time.

Product specifications

(1) Soltech IT Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications.

(2) If Soltech IT Ltd cannot supply the goods ordered by the Customer, Soltech IT Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Soltech IT Ltd in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

(3) Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. Soltech IT Ltd has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

Trade names and Trade Marks

(1) Trade names and marks (other than Soltech IT Ltd's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products. (2) In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Soltech IT Ltd the identity of the manufacturer of component it is proposed to purchase.

Warranties and Returns

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Consumer Clause.

(1) Soltech IT Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.

(2) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.

(3) If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.

(4) If you purchase services in the course of your business, the following provisions of this Clause shall apply. Soltech IT Ltd shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by Soltech IT Ltd services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, Soltech IT Ltd reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, Soltech IT Ltd cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than Soltech IT Ltd. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.

(5) Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Consumer Clause), Soltech IT Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and Soltech IT Ltd can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.

(6) In the event that Soltech IT Ltd, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Consumer Clause), agrees to accept the return for credit of unwanted products, the goods must be returned with Soltech IT Ltd's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Consumer Clause) will be subject to a handling fee of 15% of Soltech IT Ltd's sale price for the goods, or £20, whichever is the greater.

(7) Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.

a) Soltech IT Ltd's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. We will request that you return the product directly to us. Authorised product returns must be sent to: Soltech IT Ltd, Unit 9 Fairseat Workshops, Stoke Hill, Chew Stoke, Bristol, BS40 8XF 

(b) Soltech IT Ltd offers a "no charge" collection, repair and delivery service (within a 10 mile radius of BS40 8XF) for hardware which is shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.

(c) All returned goods (except those returned under Consumer Clause) must be accompanied by Soltech IT Ltd's Returns Authorisation number ('RMA Number') which can be obtained by contacting Customer Support on 01275 332835. Returned goods will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Please write the RMA number on an address label and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Soltech IT Ltd's sole discretion.

(d) Soltech IT Ltd cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.

(e) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.

(f) On receipt of the returned product, we will test it to identify the fault you have notified to us.

(g) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Consumer Clause.

(h) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. If you are a consumer, this does not affect your statutory rights.

(i) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.

(j) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

(k) Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Soltech IT Ltd will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt. Please note that this period is reduced to 7 days for clearance bargains and 'NCCR, products as set out in condition 12.

Soltech IT Ltd's liability

(1) In its dealings with clients/organisations, Soltech IT Ltd shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Soltech IT Ltd's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order. (2) You are responsible for ensuring that all data and information on your computer or other hardware is saved and backed up before we access your system. We will not be held responsible for any loss of data, information or records. (3) Warning - When opening computer systems and other devices, a small amount of unavoidable cosmetic marking or damage may occur. Soltech IT takes every measure possible to avoid damage, however small.

Soltech IT cannot be responsible or liable to you in relation to any service regarding:

(1) Any loss or corruption of data, information or records

(2) Any loss of goodwill, or any loss of, or interruption to business or contracts

(3) Any failure by you to follow our reasonable advice, recommendations or instructions

(4) Any loss you may suffer arising from your use of, or failure to use any anti-virus software

(5) Any loss that is not reasonably foreseeable

Nothing in this agreement shall limit Soltech IT Ltd's liability for death or personal injury caused by its negligence.

(6) We accept no liability for any loss or damage resulting from a virus, ransomware attack or other malware, a distributed denial of service attack, or other cyber insecurity, or harmful material or event that may adversely affect your hardware, software, data or other material.

(7) We accept no liability for loss or damage resulting from a cyber-attack or lack of cyber security, or cyber policies and procedures, including IT security controls.

(8) ) We accept no liability for loss or damage from incompliance with DPO IT security controls.

(9) We accept no liability for the loss or damage resulting in the use of end of life products and solutions, including but not limited to software, hardware, third products and services.

PLEASE NOTE – It is the customer’s responsibility to ensure their organisation complies with any regulatory, legal, or internal policies in relation to data protection (GDPR) and cyber security / cyber-attack prevention, including but not limited to security updates to software, firmware, patches and other reasonable security measures, including the use of modern operating systems and hardware devices. The responsibility for the use of end-of-life software, hardware and other services lies with the customer.

It is the customer’s obligation to seek professional and certified advice and guidance in relation to data protect compliance and cyber security. Customers are required to provide in writing a finalised and agreed detailed guide of the IT policy requirements set out by such data protection compliance and cyber security professionals / organisations. If requested in writing Soltech IT will use reasonable endeavours to comply with the guidance provided where software, services and devices are available and will use reasonable endeavours to assist customers were possible. Responsibility for ensuring data protection and cyber security lies with the customer, and we accept no liability for loss or damage as a result

Health and Safety

(1) Soltech IT Ltd confirms that the goods it supplies do not present a hazard to health and safety when properly used for the purpose for which they are designed and if the Customer takes reasonable and normal precautions in their use.

Force Majeure

(1) Where, in spite of its reasonable efforts, Soltech IT Ltd is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

Special Rules for Clearance Bargains & Non-Current Catalogue Requests ('NCCR') Products

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 12. Customers who are Consumers are referred to Consumer Clause.

(1) Goods sold as 'Clearance Bargains' or "Stock Blowout" are downgraded goods that Soltech IT Ltd is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of Soltech IT Ltd's other terms and conditions, except those terms and conditions specifically covering Consumers.

(2) Clearance Bargains are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.

(3) Clearance Bargains, by their very nature, have limited availability. Upon receipt of an order for Clearance Bargains, Soltech IT Ltd will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.

(4) All goods sold by Soltech IT Ltd as 'Non-current catalogue requests' ('NCCR') or 'Specials' are sold subject to the following special rules that apply in addition to Soltech IT Ltd's other terms and conditions.

(a) Products are non-returnable unless we have made an error or the goods are faulty;

(b) quoted prices are valid for 14 days only, and

(c) quoted prices are not subject to value, cash or volume discounts.

The Consumer Protection (Distance Selling) Regulations 2000

(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Soltech IT Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').

2) If the Regulations apply, Customers may cancel goods purchased from Soltech IT Ltd by sending a written notice of cancellation by post or hand delivery addressed to Soltech IT Ltd, Westway Farm, Bishop Sutton, Bristol, BS39 5XP or by e-mail to support@soltechit.co.uk

(3) The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

(4) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Soltech IT Ltd, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

(5) The Customer is under a duty to retain possession of the goods whilst awaiting return to Soltech IT Ltd and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

Consumer Clause

(1) Returns and cancellations.

If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 14 days after delivery.

Following the Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you return your goods within 14 working days from the day after delivery. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with it. The product must not have been used or installed or have had any data inputted. Whilst the goods are in your possession you must take reasonable care of them and not use them. DVDs, CDs, memory cards and software packaging must still be sealed. If you want to return a Software Product Activation Key card which is not faulty, the silver strip on the back of the card must be fully intact as new.

(2) Faulty goods.

You always have the option of an exchange or refund if the fault occurs within 14 days of delivery. If the fault with your product occurs within its guarantee period (normally 12 months from delivery) the product should be returned to the manufacturer in accordance with the manufactures returns policy / warranty / guarantee.

Whilst not obligated, Soltech IT Ltd at its discretion may in certain circumstances contact the manufacture and deal with the returns process on the consumers behalf. In all cases we reserve the right to inspect the product and verify the fault.

For a refund or exchange, the product must be in otherwise ''as new'' condition, complete with any accessories and free gifts offered and if possible, with the original box and packaging.

If a DVD, CD, or software item is faulty under guarantee we will happily exchange it for the same title or offer a refund.

You can return the product to Soltech IT Ltd, Westway Farm, Bishop Sutton, Bristol, BS39 5XP.

We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Consumable items, such as non-rechargeable batteries and ink cartridges are covered by guarantee for 28 days after delivery.

THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CONSUMER DIRECT.

Automatic Software/Licence Renewal

Soltech IT will automatically invoice monthly, quarterly and annual software/licence renewals no less than 30 days in advance of a renewal commencing. Soltech IT will purchase the renewal of the ‘said’ software/licence 14 days prior to the renewal, at which point the customer is responsible for payment of the ‘said’ software/licence for the full term of the renewal as stated on the customer invoice. Customers can at any point up to the final 14 days or earlier cancel the software/licence renewal. If written notice to terminate has not been received 14 days prior to renewal, the customer agrees to accept the full software/licence period with no early termination.

Business Support Contract / Automatic Renewal 

Contract Period

This agreement shall come in to force on the ("said date") and shall continue in force for the agreed period until ("said date") (“the fixed period”).

Contracted Hours

Businesses are provided with the following contracted hours of service.

-Fixed Period Block Hours Contract - Hours stated and purchased only during the fixed period.

-All other support contracts are based on a fair usage policy whereby the annual support charge is divided by £65 to denote the number of hours purchased ('said fair usage')

Automatic Renewal / Termination

At the end of this fixed period, or any subsequent renewal period during which the agreement is in force to a renewal under this condition (“a renewal period”), this agreement shall be automatically renewed for a further period identical to the original agreed fixed period. Unless notice to terminate is given by either party not less than one hundred and twenty (120) days prior to the expiry date at the end of the fixed period or of a renewal period, as the case may be. 

Handover Documentation

In the unlikely event of termination and if required, a handover report can be made available at a cost of £195 + VAT. Should a site visit be required, visits will be charged separately at our standard pricing structure (discounted rates are not applicable).

Charges

Support contracts are subject to a fair usage policy. Overage may be charged at £95 per hour where the fair usage policy has been exceeded. At the point of termination, any back dated overage for the previous and final 12 months of the support contract will be charged and due payable to Soltech IT at £95 per hour. The company reserves the right to vary the annual support service charge and any other charges.

School Support Contract / Automatic Renewal 

Contract Period

This agreement shall come in to force on the ("said date") and shall continue in force for the agreed period until ("said date") (“the fixed period”).

Contracted Hours

Schools are provided with the following contracted hours of service during each 12 month period of the agreed fixed contract period. (“the fixed period”)

-Fixed Period Block Hours Contract - Hours stated and purchased only during the fixed period.

-Regular Fortnightly 1/2 Day Scheduled Visits Contract - 19 x 2.5 hours term time visits (47.5 hours). Additional critical support fair usage allowance 6 hours.

-Regular Weekly 1/2 Day Scheduled Visits Contract - 39 x 2.5 hours term time visits (97.5 hours). Additional critical support fair usage allowance 8 hours.

-Regular Weekly Day Scheduled Visits Contract - 39 x 5 hours term time visits (195 hours). Additional critical support fair usage allowance 8 hours.

-Fortnightly Alternating 1/2 Day / Day Scheduled Visits Contract - 10 x 2.5 hours term time visits, plus 9 x 5 hour term time visits (70 hours). Additional critical support fair usage allowance 6 hours.

Automatic Renewal / Termination

At the end of this fixed period, or any subsequent renewal period during which the agreement is in force to a renewal under this condition (“a renewal period”), this agreement shall be automatically renewed for a further period identical to the original agreed fixed period. Unless notice to terminate is given by either party not less than one hundred and twenty (120) days prior to the expiry date at the end of the fixed period or of a renewal period, as the case may be. 

Handover Documentation

In the unlikely event of termination and if required, a handover report can be made available at a cost of £195 + VAT. Should a site visit be required, visits will be charged separately at our standard pricing structure (discounted rates are not applicable).

Charges

Support contracts are subject to a fair usage policy. Overage may be charged at £95 per hour where the fair usage policy has been exceeded. At the point of termination, any back dated overage for the previous and final 12 months of the support contract will be charged and due payable to Soltech IT at £95 per hour. The company reserves the right to vary the annual support service charge and any other charges.

Soltech IT Broadband Contract / Automatic Renewal 

Soltech IT Broadband Contract Period

This Soltech IT broadband contract shall come in to force on the ("said date") and shall continue in force for the agreed period until ("said date") (“the fixed period”).

Soltech IT Broadband Automatic Renewal / Termination

At the end of this fixed period, or any subsequent renewal period during which the agreement is in force to a renewal under this condition (“a renewal period”), this agreement shall be automatically renewed for a further period identical to the original agreed fixed period. Unless notice to terminate is given by either party not less than one hundred and twenty (120) days prior to the expiry date at the end of the fixed period or of a renewal period, as the case may be. 

Handover Documentation

In the unlikely event of termination and if required, a handover report can be made available at a cost of £195 + VAT. Should a site visit be required, visits will be charged separately at our standard pricing structure (discounted rate are not applicable).

Charges

The company reserves the right to vary the annual broadband service, PSTN line (BT Line) charge and any other charges.

Soltech IT Online Encrypted Backup Contract / Automation Renewal

Soltech IT Online Encrypted Backup Contract Period

This agreement shall come in to force on the ("said date") and shall continue in force for the agreed period until ("said date") (“the fixed period”).

Soltech IT Online Encrypted Backup Automatic Renewal / Termination

At the end of this fixed period, or any subsequent renewal period during which the agreement is in force to a renewal under this condition (“a renewal period”), this agreement shall be automatically renewed for a further period identical to the original agreed fixed period. Unless notice to terminate is given by either party not less than one hundred and twenty (120) days prior to the expiry date at the end of the fixed period or of a renewal period, as the case may be. 

Handover Documentation

In the unlikely event of termination and if required, a handover report can be made available at a cost of £195 + VAT. Should a site visit be required, visits will be charged separately at our standard pricing structure (discounted rate are not applicable).

Charges

The company reserves the right to vary the annual Online Encrypted Backup service charge and any other charges.

Retention Period Upon Termination

When an encrypted online backup ceases, all data will be removed at the end of the retention period. Encrypted online backups are retained for a period of between 28 to 90 days in accordance with the customers contracted retention period. Customers should assume this period of retention is 28 days, unless otherwise stated. 

All Other Licences and Agreements Including Third Party Contract / Automatic Renewal 

Contract Period

This agreement shall come in to force on the ("said date") and shall continue in force for the agreed period until ("said date") (“the fixed period”).

Automatic Renewal / Termination

At the end of this fixed period, or any subsequent renewal period during which the agreement is in force to a renewal under this condition (“a renewal period”), this agreement shall be automatically renewed for a further period identical to the original agreed fixed period. Unless notice to terminate is given by either party not less than one hundred and twenty (120) days prior to the expiry date at the end of the fixed period or of a renewal period, as the case may be. 

Handover Documentation

In the unlikely event of termination and if required, a handover report can be made available at a cost of £195 + VAT. Should a site visit be required, visits will be charged separately at our standard pricing structure (discounted rate are not applicable).

Charges

The company reserves the right to vary Other Licences and Agreements charges and any other associated charges.

Data Backups / Online Encrypted Backups / Data Content

(1) Soltech IT does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") which we backup for our clients.

(2) Soltech IT Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or to technical problems or traffic congestion on the Internet or on any of the backup services.

(3) Soltech IT assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any content you upload to Soltech IT's Online Encrypted Backup Service, whether or not the backup service / software or Technician is to blame.

(4) Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves. 

(5) Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

(6) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the backup service(s), shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.

(7) In any event no claim shall be brought unless you have notified us of the claim within 14 days of it arising.

(8). In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

(9) Non-Waiver

(10) Soltech IT assumes no responsibility for monitoring the IT Services, Data Backups, or Online Encrypted Backups including users data integrity, or the data uploading scheduling. 

PLEASE NOTE – It is the customer’s responsibility to ensure that the required data and the correct data has been selected and backed up within the available limits of backup storage space. Clients must ensure they hold a suitable alternative data backup of their data.

Non-Solicitation of Soltech IT Limited employees

(1) This Non-Solicitation of Soltech IT Limited employees (hereinafter "Non-Solicitation agreement") shall come in to force at the point of invoices and becomes binding thereafter.

(2) Customers and clients of Soltech IT Limited are prohibited from recruiting or employing an "existing employee", or employing a former employee, (12 months there after termination of an employees employment with of Soltech IT Limited).

(3) Where a customer and/or client breaches 'said' condition of the Non-Solicitation agreement the customer and/or client becomes bound to pay compensation to Soltech IT Limited within 30 days of Soltech IT Limited be notified of the intention to employ, or within 30 days of employment commencing with the new employer

(4) Compensation is pre-defined as follows:

a) Less than 12 months combined service with Soltech IT Limited- Compensation paid at 15% of the employees final salary

b) More than 12 months combined service with Soltech IT Limited - Compensation paid at 35% of the employees final salary.

(5) Where payment is not made within the agreed 30 day schedule Soltech IT will add interest at 8% above the Bank of England base rate on a daily basis.

(6) The directors of Soltech IT withhold the right to negotiate compensation at their discretion, subject to any negotiation being in the best interests of the company.

Errors and Omissions

(1) Soltech IT Ltd makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Soltech IT Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Soltech IT Ltd's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Soltech IT Ltd after the manifest error has been discovered.

(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Soltech IT Ltd which is more than 10% less than the price that would have been quoted had the mistake not been made.

Deposits

All deposits are non-refundable. Please be aware that you may also be liable to the full cost of the product or service in some instances. The deposit and balance will be due in full, but not limited to, support / services, software licence(s), telephone connections, broadband connections, visitor systems, for the full term / period.

WEEE Regulations

For all Goods sold in the UK which fall under the WEEE Regulations, the Business Customer shall ensure they follow the Producer (manufacturer) directions for disposal and recycling thereof. Soltech IT Ltd shall not be responsible for any costs thereof.

General

(1) Nothing in these terms and conditions affects your statutory rights as a Consumer.

(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

3) Any waiver of a breach of this Agreement must be in writing.

(4) Any variation of this Agreement must be in writing and signed by a duly authorised Soltech IT Ltd official.

(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.

(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.

(7) These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

(8) Soltech IT Ltd may at its discretion record telephone transactions for staff training and quality control purposes.

Standard Variation Clause

Soltech IT withholds the right to amend this set of terms and conditions which applies to and includes our service level agreements (SLA) and service / product contracts. At the point of amendment, notification will be made in writing via letter to the customers last know postal address, or by email to the last know registered email address. A notice period of 14 days will commence from the date stated on the letter, or the emails date. During the 14 day notice period customers will have the right to notify us by email only, via the email address:- accounts@soltechit.co.uk, of non-acceptance of the superseding terms and conditions. Non-acceptance will result in the previous set of terms and conditions including service level agreements (SLA) and service / product contracts remaining valid. Where the terms and conditions have been altered to comply with legislation and where the company is legally bound to make these changes, non-acceptance of these altered terms and conditions may not be permitted. Once the 14 day notice period has lapsed the superseding set of terms and conditions becomes valid, without exception. It is the responsibility of the customer to ensure they have read the superseding terms and conditions in full.

Your acceptance of these terms

By using our products/services and accepting our invoice(s) ("initial invoice in the case of renewals") customers signify their binding acceptance of these terms and conditions in full.