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Terms and Conditions

Introduction

These Terms and Conditions apply to this website, its services, and transactions related to products and services provided by Tekhs Services Limited ("Service Provider"), a company registered in England and Wales under number 12595012, with registered office at Bowman House Business Centre, Bowman Court, Whitehill Lane, Royal Wootton Bassett, Swindon, Wiltshire, SN4 7DB. By accessing or using this website, you agree to be bound by these Terms and Conditions. Additional contracts may apply, and in case of conflict, the provisions of those contracts will prevail.
Last Updated 28/05/2024

Binding

By using this website or its services, you agree to these Terms and Conditions. We may also require explicit agreement in certain cases.

Electronic Communication

You consent to receive electronic communications from us. All electronic communications satisfy legal requirements, including the need for written communication.

Intellectual Property

We or our licensors own all intellectual property rights on this website and its contents. Unless specified, you may not use, reproduce, or distribute any content without our prior written permission.

Newsletter

You may forward our newsletter electronically to others interested in visiting our website.

Third-Party Property

We are not responsible for third-party websites linked to from this website. Your use of these websites is at your own risk.

Responsible Use

You agree to use this website only for intended purposes and in compliance with these Terms, applicable laws, and industry guidelines. Prohibited activities include damaging the website or interfering with its performance.

Idea Submission

Do not submit intellectual property without a signed agreement. Otherwise, you grant us a license to use the content.

Termination of Use

We may modify or discontinue website access or services at any time without liability. You agree not to bypass access restrictions.

Warranties and Liability

We make no warranties regarding website availability or content accuracy. We are not liable for any damages arising from website use, except as prohibited by law.

Privacy

You must provide accurate information for registration. Refer to our Privacy Statement and Cookie Policy for details on data handling.

Export Restrictions / Legal Compliance

You agree not to use the website in violation of UK export laws and regulations.

Assignment

You may not transfer rights or obligations under these Terms without our consent.

Breaches

We may take action for any breaches of these Terms, including suspending access or legal action.

Force Majeure

Neither party is liable for failures due to circumstances beyond their control.

Indemnification

You agree to indemnify us against any claims arising from your violation of these Terms or applicable laws.

Waiver

No failure to enforce provisions constitutes a waiver of rights.

Language

These Terms are interpreted in English. All notices and correspondence are in English.

Entire Agreement

These Terms, along with our privacy statement and cookie policy, constitute the entire agreement.

Updating of Terms

We may update these Terms, with changes becoming effective upon posting on the website.

Choice of Law and Jurisdiction

These Terms are governed by UK law, with disputes subject to UK courts' jurisdiction.

Contact Information

For inquiries regarding these Terms, contact us at [email protected] or Bowman House Business Centre, Bowman Court, Whitehill Lane, Swindon, Wiltshire SN4 7DB.

Interpretation

"Business day" means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice versa.

Services

We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services necessary to comply with any applicable law or safety requirement, notifying you if required.
We will use our reasonable endeavors to complete the performance of the Services within the agreed time or as set out in the quotation; however, time shall not be of the essence.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless otherwise specified.

Your obligations

You must obtain any permissions, consents, licenses, or otherwise that we need and must provide us with access to any relevant information, materials, properties, and any other matters necessary for the provision of the Services.
If you do not comply with clause 29, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if caused by your failure to comply with your obligations.

Fees

The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority unless otherwise stipulated.
Materials supplied and installed by (us) remain the property of (us) until full and final payment has been received and the invoice is settled by (you).
Materials supplied and installed by (us) remain the property of (us) until full and final payment has been received and the invoice is settled by (you).

Cancellation and Amendment

We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

We will invoice you for payment either upon completion of the Services or on the dates set out in the quotation.
We will invoice you for payment of the Fees either:
a) when we have completed the Services; or
b)on the invoice dates set out in the quotation.
You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

Time for payment shall be of the essence of the Contract.

Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and Assignment


We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

We can terminate the provision of the Services immediately if you:
a) commit a material breach of your obligations under these Terms and Conditions; or
b)fail to make pay any amount due under the Contract on the due date for payment; or
c) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e) convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Liability and Indemnity

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
Any indirect, special or consequential loss, damage, costs, or expenses or;
Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy. For any enquiries or complaints regarding data privacy, you can email: [email protected]

Circumstances beyond a party’s control

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 30 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
 a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) on the fifth business day following mailing, if mailed by national ordinary mail; or<
d) on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No Waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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