DSUTECH (DSU LTD) Terms and Conditions
1. Definitions and interpretation
In these Terms and Conditions unless the context otherwise requires the following expressions have the following meanings: ‘You’ ‘your’ ‘yours’ ‘yourself’ - means the customer (named overleaf) to whom we agree to provide the Maintenance Services; ‘We’ ’our’ ’ourselves’ ‘us’ - means DSU LTD trading as DSUTECH whose registered office address is First Floor Students Union, Campus Centre, Mill Lane LE2 7DR
‘The Equipment’ - means the computer equipment (specified overleaf) and such additions and changes thereto as shall from time to time be agreed in writing between us;
‘The Location’ - means the Demontfort Students Union Tech Service Centre (Room 1.01) ‘The Commencement Date’ - means the date (specified overleaf) on which this Agreement becomes effective;
‘The Term’ - means a period of 12 months (subject to condition 8) or until terminated in accordance with these terms and conditions;
‘The Services’ - means the repair, maintenance and other services to be provided by us pursuant to this Agreement;
‘The Service Charge’ - means the agreed charge for the Services;
‘Working Hours’ - means the hours between 10.00 am and 6.00 pm Monday to Friday, excluding Bank Holidays and DSUTECH closure, subject to change.
All other words and expressions are to be given their normal English meaning taken in the context of the Agreement and these terms and conditions. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.
Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.
In these terms and conditions, unless the context clearly indicates another intention:
· reference to one gender includes all other genders,
· reference to the singular includes the plural and vice versa,
· reference to writing includes fax, e-mail and similar means of communication, The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions.
2. The Services
During the continuance of this Agreement we shall provide to you the following services in relation to the Equipment:
· Unlimited Campus Repair – please call in at the DSUTECH Repair Centre, First Floor Students Union, Campus Centre, Mill Lane LE2 7DR
· Other software or hardware upgrades will be provided at the Service Centre at our special discounted DSUTECH current charge rate. You will be notified of the special discounted DSUTECH charges prior to commencement of such work;
· Software recovery will be attempted to the last secure back-up available or if necessary by the re-loading of the original software master discs. You will be notified of the special discounted DSUTECH charges prior to commencement of such work;
3. Charges
3.1 In consideration of the Services you shall pay the Service Charge (detailed overleaf) to us, which is to be paid without prior demand and no payment shall be considered made until it is received by us.
3.2 The Service Charge does not include payment for any parts that will be supplied by us at our special discounted DSUTECH current charge rate, which will be notified to you in advance of commencement of the repair.
3.3 Any charges payable by you in addition to the Service Charge shall be paid (unless otherwise provided elsewhere in this Agreement) on the completion of the repairs.
3.4 The Service Charge is inclusive of VAT. Any additional charges payable under this Agreement are exclusive of Value Added Tax, which shall be charged to you at the current applicable rate.
3.5 If any sum payable under this Agreement is not paid within 7 days after the due date then (without prejudice to our other rights and remedies) we will be entitled to charge you interest on such sum on a day-to-day basis (both before and after any judgment) from the due date for payment to the date of actual payment (both dates inclusive) at the rate of 4 per cent above the Bank of England base rate from time to time in force. Such interest is payable by you on demand by us.
3.6 A deposit may be requested by us, for up to 50% of the total repair cost.
4. Exceptions
4.1 The Services do not include any repair of the Equipment that is necessitated as a result of any cause other than fair wear and tear or our neglect or default including without limitation: § Failure or fluctuation of the electricity power supply, air conditioning humidity control or other environmental conditions; or § Accident, transportation, neglect, misuse or default by you or any third party; or § Any fault in any attachments or associated equipment which, does not form part of the Equipment; or § Act of God, fire, war, act of violence, or any other similar occurrence; or § Any attempt by any person other than our personnel to adjust, repair or maintain the Equipment; or § Any head crash or failure of fixed or removable storage media. For the avoidance of doubt, whilst we will at all times use our best endeavours to repair the Equipment we cannot guarantee that we will be able to do so and we shall have no responsibility for any damage or security breach (for example caused by malicious software that you have downloaded with or without your knowledge) that may occur, other than one caused by our negligence or wilful default or that or our employees, agents or sub-contractors.
4.2 The Services do not include: · Services other than at the Location; · Plugs, cables, wires, fuses and batteries; · Repair or renewal of tapes disk packs, printing cartridges or other consumable supplies; · Maintenance of any attachments or associated equipment that do not form part of the Equipment; · Recovery or reconstruction of any data or programs lost or spoiled as a result of any breakdown of or fault in the Equipment; · Cosmetic damage where it does not affect the operation or safety of the Equipment; · Protection if the Equipment is lost or stolen.
4.3 This Agreement does not extend to File Servers or File Server Operating Systems or Domain and Active Directory based networks or Virtual Private Network (VPN) and wide area networks multi-subnet networks or complex firewall configurations.
5. Special Services
· “Fasttrack” Same day service will only apply if available, and if the computer is received in before 11am to be completed that day.
· The “Fastrack” system will only be offered for certain repairs, hardware issues, data recovery and other services offered may not be able to use this special service please ask for more details.
6. Duration
This Agreement commences on the Commencement Date and shall continue for the Term, subject to earlier termination as provided for in condition 8.
7. Your obligations
During the continuance of this Agreement you shall: · keep full security copies of your programmes and computer records in accordance with best computing practice; and · ensure you have sufficient valid licences in relation to the Equipment to enable us to provide the Services.
8. Termination
8.1 Not withstanding anything else contained herein, this Agreement may be terminated: § by us forthwith on giving notice in writing to you if you fail to pay any sum due under the terms of this Agreement (otherwise than as a consequence of any default on the part of us) and such sum remains unpaid for 14 days after written notice from us that such sum has not been paid (such notice to contain a warning of our intention to terminate); or § by you forthwith on giving notice in writing to us if the Equipment is lost, stolen or destroyed or damaged beyond economic repair; or § by either of us forthwith on giving notice in writing to the other, if the other commits any serious breach of any term of this Agreement (other than any failure by you to make any payment hereunder, which is dealt with above) and (in the event of a breach capable of being remedied) you have failed, within 30 days after the receipt of our request in writing so to do, you have failed to remedy the breach (such request to contain a warning of our intention to terminate);
8.2 We may terminate this Agreement by giving one month’s notice in writing to .
8.3 Any termination of this Agreement howsoever occasioned shall not affect either your or our accrued rights or liabilities.
8.4 This Agreement is non-refundable unless the request is within 7 days of purchase, and hasn't been used for attempted or completed repairs on the machine
8.5 On termination of this Agreement by us due to business closure, you shall be entitled to reimbursement of a pro-rata amount (calculated on a time basis) of the Service Charge paid in advance to us, provided that we shall be entitled to retain from such sum any outstanding charges payable by you under this Agreement.
8.6 Quick Fix, Fastrack & Bolt-on repairs, are non-refundable.
9. Our warranty
9.1 We warrant and undertake to you:- § to perform the Services with reasonable care and skill and within a reasonable time of being so requested by you; § that we shall have a free and unencumbered title to any replacement parts for the Equipment supplied under this Agreement; § that you will enjoy quiet possession of any such replacement parts and that the same will be of satisfactory quality and reasonably fit for their purpose;
9.2 We do not warrant that the Services will cause the Equipment to operate without interruption or error.
9.3 Subject to the foregoing all conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the performance by us of the Services are hereby excluded.
9.4 If there is a recurrence of the same problem or any fault connected to the service provided, we will try again to fix the problem at no extra charge to you.
10. Limitation of liability
10.1 We shall not be liable for any loss or damage incurred by you or any third party (including without limitation any loss of use of the Equipment or loss of or spoiling of your programmes or data) resulting from any breakdown of or fault in the Equipment, unless such breakdown or fault is caused by our negligence or wilful misconduct, or that or our employees, agents or sub-contractors.
10.2 We shall not accept liability to you for loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct by us, our employees, agents or sub-contractors.
10.3 Except in respect of injury to or death of any person (for which no limit applies) our maximum aggregate liability to you in respect of: § Any breach of our contractual obligations arising under this Agreement; and § Any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement; shall not exceed a sum equivalent to twice the Service Charge.
10.4 Notwithstanding anything else contained in this Agreement we shall not be liable to you for any loss of profits or contracts or other indirect or consequential loss arising from negligence or breach of contract.
10.5 We shall not be liable to you for any loss arising out of your failure to keep full and up-to-date security copies of the computer programs and data you use, in accordance with best computing practice
11. Force majeure
We shall not be liable for any delay in performing the Services under this Agreement if such delay is caused by circumstances beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of time for the performance of the Services. Sometimes we will be unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept any responsibility for what has occurred.
12. Confidentiality
We agree not to disclose any and all information files supplied with, stored on, or recovered from the Equipment except to our employees or associates subject to confidentiality agreements or as required by law. We reserve the right in our sole discretion to refuse, suspend or terminate the provision of the Services to you. Our reasons for doing so will include, but are not limited to using your computer system fraudulently, illegally, or propagating libellous or otherwise defamatory, obscene, pornographic, abusive, harassing or threatening material.
13. Variations
We reserve the right to modify these terms and conditions. Any such modifications will only apply upon notification of those changes to you.
14. Waiver
Neither our failure to exercise any power given to us under these terms and conditions or to insist upon strict compliance by you with any obligation under them, shall constitute any waiver of any of our rights under them. Waiver by us of any particular default by you must be in writing and shall not affect or impair our rights in respect of any subsequent default of any kind by you, nor shall any delay by or omission by us to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind.
15. Entire agreement
This Agreement supersedes all prior agreements arrangements and understandings between you and us and constitutes the entire agreement between us. No variation of any provision of this Agreement shall be binding upon you or us unless agreed in writing between us.
16. Assignment
16.1 Save as expressly provided in this Agreement neither you nor we shall assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other (such consent not to be unreasonably withheld or delayed);
16.2 We may enter into any sub-contract with any person for the performance of any part of our obligations under this Agreement. We shall not be relieved from any of our obligations to you hereunder by entering into any sub-contract for the performance of any part of this Agreement.
17. Notices
All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in this Agreement or such other address in England as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission or email and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by facsimile or email transmission on the day of dispatch.
18. Severability
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall (subject to deletion of the offending part) remain in full force and effect.
19. Governing Law
This Agreement shall be governed by and shall be construed in accordance with the laws of England and Wales.
20. Complaints
If you have a complaint or query regarding any aspect of the services we provided, you are requested to call us on 0116 2576305 or write to us at DSUTECH, First Floor Students Union, Campus Centre, Mill Lane LE2 7DR. Please include your name, address, telephone and Membership number (if known) in any correspondence. We aim to fully resolve all e-mail queries within 5 Working days of receipt and all written queries within 7 Working days of receipt.
21. Data protection
We respect your privacy and personal information, both given to us or stored on the Equipment. Our business practices comply with the applicable Data Protection legislation. Full details of our Data Protection Policy is published on our website at www.demontfortstudents.com