These Conditions apply to all of the Services (as defined below) provided by LA ICT Services Limited. If you do not wish to be bound by these Conditions, the Contract Holder should not order or accept performance of the Services. These Conditions apply to the exclusion of all other terms and conditions that may be provided by the Contract Holder.
The following terms shall have the meaning set out below:
|“Conditions“||Means these terms and conditions.|
|“Contract Holder“||The person with which LA ICT Services Limited holds its contract to provide Services in accordance with these Conditions.|
|“Network“||Means any network in relation to which LA ICT Services Limited provides the Services (including without limitation any “Community Connect” network and/or any Microsoft Windows network).|
|“LA ICT“||Means LA ICT Services Limited , a company registered in England and Wales and whose registered office is situation at 1 Radford Drive, Pelsall, Walsall, WS4 1AE|
|“Services“||Means support services provided by LA ICT Services Limited as further described either (a) on www.la-ict.com/support or (b) in writing by LA ICT Services Limited and confirmed by an authorised officer of LA ICT Services Limited. For the avoidance of doubt, the specific Services to be provided to the Contract Holder shall be those ordered by the Contract Holder as set out in the relevant quote from LA ICT Services Limited.|
|“Support Contract“||Means the agreement between LA ICT Services Limited and the Contract Holder to provide the Services.|
Where required to provide any of the Services, the Contract Holder shall ensure the provision of an installed data link through which LA ICT can access the Network using LA ICT’s chosen remote access software and technology. The Contract Holder must also provide access to those areas of the Network as required by LA ICT for LA ICT to deliver the Services.
The Contract Holder must nominate an “appointed contact” and a maximum of two additional contacts who will act as the liaison between the Contract Holder’s establishment and LA ICT.
The Contract Holder must notify LA ICT before strategic changes are made to the Network.
Advance knowledge of planned changes will ensure that LA ICT engineers have current information on the status of the Network, helping LA ICT to resolve issues affecting the Network more efficiently. LA ICT considers strategic changes to be changes that significantly alter the Network including:
- a. Adding a new server to the Network;
- b. Changing the configuration or role of a server connected to the Network;
- c. Changes to the topology and/or infrastructure of the Network; and/or
- d. Change of Internet provision (including change of Internet Service Provider).
- 2.1 The term for each Support Contract shall be as agreed between the parties but, for the avoidance of doubt, shall not be deemed to have commenced until LA ICT accepts the relevant order.
- 2.2 The Services shall commence on the date referred to in Condition 2.1 (above) and shall continue initially for twelve (12) months. No refunds shall be payable if the Customer seeks to terminate any Agreement within any such minimum term (including any renewal thereof) unless LA ICT agrees (in its absolute discretion) to make such refund.
- 2.3 The start date of the delivery of any Product shall not be guaranteed but LA ICT shall use its reasonable endeavours to ensure that the commencement of the delivery of the Product shall be as agreed.
- 2.4 Where LA ICT agrees to perform any work by a particular date, that date shall not be guaranteed and LA ICT shall not be liable for any failure to meet such date or dates.
Unless a written quotation has been given (whereupon the price quoted will be fixed for a period of thirty (30) days or such other period as is specified therein) the price for the Services is subject to alteration without notice and the price charged to the Contract Holder will be that applicable at the date of LA ICT’s acceptance of the order or (at LA ICT’s option) the start date of the Services. All prices are exclusive of Value Added Tax (and any similar tax) which will be added as separate items on LA ICT’s invoice.
- 4.1 Unless otherwise notified to the Contract Holder in writing by LA ICT, the Contract Holder shall pay all invoices within thirty (30) days of the date thereof (time being of the essence). LA ICT reserves the right to charge interest at a rate of 3% per annum above the Lloyds TSB base rate ruling from time to time on any payment or any part payment overdue calculated from the date due and to recover its expenses including legal fees and costs of collection and to suspend delivery, performance of any warranty, or license, or (at LA ICT’s option) forthwith to determine the same.
- 4.2 All payments will be made without set off or counterclaim or any other withholding whatsoever.
LA ICT is not responsible for the availability of the Internet and, accordingly, cannot and does not guarantee uninterrupted availability of the Internet or any services dependent upon its availability.
Additional bandwidth can be purchased in the form of pre-pay top-ups. Our top-ups are available in a choice of options ranging from 10GB to 100GB and have no expiry date. They are only lost if the Contract Holder moves to an alternative service provider or LA ICT’s Partner or ceases the connection. As the limit is reached the Contract Holder is notified by email
Save as expressly otherwise agreed in writing, the Contract Holder shall be responsible for the care and maintenance of all equipment required for the operation of any Product. Any damage to, or loss of, any such equipment shall be the exclusive responsibility of the Contract Holder save where such damage is expressly stated within these Conditions to be LA ICT’s responsibility.
- 8.1 LA ICT will provide a staffed service desk from 8am until 6pm Monday to Friday, excluding public bank holidays.
- 8.2 LA ICT’s onsite technical support visits will between the hours of 9am and 5pm Monday to Friday, excluding public holidays.
- 8.3 LA ICT will provide out of service hours support upon written agreement between both LA ICT and the contract holder.
- 9.1 Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) provided that such a failure is due to causes beyond its reasonable control.
- 9.2 The headings in these Conditions are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of these Conditions.
- 9.3 These Conditions shall be deemed to have been made in, and shall be construed pursuant to, the laws of England and the parties agree to submit to the jurisdiction of the English courts.
- 9.4 The Contract Holder acknowledges to have read these Conditions and understands and agrees to be bound by its terms, conditions and charges. The Contract Holder further agrees that these Conditions and the documents specifically incorporated herein are the complete and exclusive statement of the mutual understanding of the parties which supersedes and cancels all previous oral and written agreements and communications relating to the subject matter hereof.