Terms & Conditions of Trade
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1. Preliminary
a. All and any business undertaken, including
any advise, or information given, or service
provided whether gratuitously or not by Solfa
Computers (trading as ‘Solfa Computers’, ‘SolfaNET’,
‘SNMail’, ‘SolfaWEB’, and ‘UKCanal.com’).of 44 Nash
Drive, Broomfield, Chelmsford, Essex, CM1 7BG,
hereinafter called ‘the Company’ is transacted
subject to the conditions hereinafter set out and
each Condition shall be deemed to be incorporated in
and be a Condition of any agreement between the
Company and its customers.
b. In these Terms and Conditions of Trading
(hereinafter called ‘the Conditions’) the ‘Company’
means and (unless the context precludes the same),
includes the Company’s servants, agents, and any
person or persons supplying services or goods under
any contract with the Company. ‘Customer’ means any
person or persons who contracts for the goods or
services of the Company and includes the Customer’s
servants or agents.
c. "Working days" means Monday to Friday, excluding
Bank or other Public holidays
d. Where the Conditions laid out by the Company’s
Customers conflict with the Conditions of the
Company it will be deemed that the Company’s
Conditions are final.
e. No agent of or persons employed by or under
contract with the Company has any authority to alter
or vary in any way these Conditions unless
previously expressly authorised to do so by the
Company in writing.
f. If any legislation is compulsorily applicable to
any business undertaken, these Conditions, shall as
regards to such business be read as subject to such
legislation and nothing in these conditions shall be
construed as a surrender by the Company of any of
its rights, or immunities, or as an increase of any
of its responsibilities or liabilities under such
legislation and if part of these Conditions be
repugnant to such legislation to any extent such
part shall as regards to such business be void to
that extent but no further.
g. 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.
h. In no case whatsoever shall any liability of the
Company however arising and not withstanding any
lack of explanation exceed the value of the relevant
goods and/or services or £1000 which ever is less.
The company shall under no circumstances be liable
for any consequential or indirect damage or loss,
however caused, including (but not restricted to)
loss of profits, loss of goodwill, damage to trading
relationships, and financial loss.
i. All agreements between the Company and its
Customers shall be governed by English Law and be
within the exclusive jurisdiction of the English
Courts.
j. Any waiver of a breach of this Agreement must be
in writing.
k. 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. The
notice shall be deemed served (a) two working days
after posting or (b) upon receipt of a successful
transmission report or (c) after system confirmation
of e-mail delivery.
l. The company reserves the right to change or amend
these terms and conditions at any time and without
prior notice
m. The company may at its discretion record
telephone transactions for staff training and
quality control purposes.
n. These conditions may only be varied with the
express written agreement of the Company.
o. The headings are for convenience only and shall
not affect the interpretation of this Agreement.
2. Prices
a. Goods and services, together with VAT, are
invoiced at the price prevailing at time of order.
b. The company reserves the right to modify the
prices at any time without prior notice.
3. Ordering
a. All contracts of sale made by the company shall
be deemed to incorporate these terms and conditions,
which shall prevail over any other terms from the
party ("the Customer") with whom the company is
dealing. Cancellation of orders by business to
business customers is not accepted as many orders
are despatched on the same day the order is placed.
Cancellation of orders by consumers can only be
accepted in accordance with the distance selling
Distance Selling Consumer Protection Cancellation of
Contracts away from Business Regulations: 1987.
b. All goods ordered through one of the company’s
websites are subject to acceptance by the company.
The company may reject the order for any reason.
c. The company may cancel any order at any time if
the company believes the order is fraudulent,
criminal or affects the physical or financial
security of the company.
d. Website Hosting, Application Hosting, Email
service provision and Domain Name Registration is
provided with a minimum term of 12 months. Renewal
of hosting agreements will be initiated
automatically to be made at the end of the 12 month
period. All agreement renewals are for a minimum
term of 12 months. Cancellation of agreements must
be placed in writing. Cancellation of renewal must
be provided in writing with minimum of one months
notice before the renewal date.
4. Terms of Payment
a. All sums shown to be due to the Company on its
invoices sent to the Customer shall be paid to the
Company immediately when due without any deductions
and payment shall not be withheld or deferred on
account of any claim, counterclaim, or set-off.
b. All goods remain the property of the Company
until full payment has been received for the goods
from the Customer.
c. Where the invoice is not paid partially or in
full the customer will be charged at 5% above the
Barclays Bank Plc lending base rate for late
payment.
d. The company requires payment in full at the point
of order unless otherwise stated by the company in
writing.
e. All payments made to the company which are
rejected by the companies’ bank will be fined a sum
of 5% of the value of the payment or £25.00 which
ever is greater.
f. Cancellation of services must be made in writing
and will be accepted without reduction in charge.
g. Full payment of outstanding invoices owed to the
company will be required prior to the release of
domain names or website data or programming.
5. Warranty
a. All goods supplied by the company are warranted
to be generally free from defects in workmanship and
materials and fit for the purpose for which such
goods would normally be used. Subject to this,
however, goods are not tested or sold as being fit
for any particular application or for use under
specific conditions, unless expressly agreed in
writing.
b. Subject to the right of consumers to return goods
for refund under The Consumer Protection (Distance
Selling) Regulations 2000, the company does not sell
products on a trial basis. Customers are strongly
advised to check suitability and specifications of
products before ordering.
c. No software on which seals have been broken can
be returned. If any software discs are faulty they
will be replaced by the manufacturer. Please note
Software Licences are non returnable.
d. No product or service that has customised for the
customer can be returned.
e. In the event that the company, at its discretion,
agrees to accept the return for credit of unwanted
products, the goods must be returned with company’s
prior agreement within 5 days of delivery. The goods
must be unopened and in perfect re-saleable
condition. All goods returned in these circumstances
will be subject to a handling fee of 15% of the
goods value or £30, whichever is the greater.
f. The company will not accept return of any goods
or services unless the goods or services are faulty.
g. Where the goods or services do not match the
requirements of the customer, the goods or services
may not be returned unless the company has charged
for the consultation or advice and guaranteed as
such in writing.
h. The Company will not be held responsible for any
damage to property, person or persons using any
product or service of the Company, which was caused
by misuse or in contradiction with the guidelines
laid out by the Company for the use of the goods or
services supplied.
i. All Contracts will become void or terminated,
without reduction in charges, if any person or
persons not employed by or contracted by the Company
carries out work on the goods or services supplied
by the Company, without prior agreement in writing
by the Company.
j. All work carried out under contract which is
deemed by the Company to be due to the Customer’s
misuse of any of the Company’s goods or services
will be charged for in the normal manor, in addition
to any charges made prior to the occurrence.
k. All returned goods must be accompanied by the
companies RMA number which can be obtained by
contacting the company on 01245 445077. Returned
goods will not be accepted without an RMA number.
The RMA number must be clearly marked on the outer
packaging, not on the goods. Failure to follow these
instructions may result in delay and additional
costs.
l. Subject to testing in order to verify any alleged
fault, we will accept the return of defective
products for full refund or replacement, if, but
only if, the goods are returned within 14 days of
purchase.
m. The companies Technical Support staff will advise
you of which method of delivery to use to return the
products. Depending on the nature of the product
purchased, we will either arrange a courier
collection of the product, or request that you
return the product to us directly. Authorised
product returns must be sent to: Solfa Computers, 44
Nash Drive, Broomfield, Chelmsford, Essex, CM1 7BG.
n. The company cannot accept liability for packages
damaged during transit. It is the Customer's
responsibility to package the product adequately to
prevent damage.
o. 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 maintain sufficient insurance to cover the
value of the goods.
p. On receipt of the returned product, we will test
it to identify the fault you have notified to us. 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 the responsibility of the
customer.
q. 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.
r. Unless otherwise stated in the manufacturer's
documentation, all goods delivered to 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 expedite a
resolution of your problem, we may refer you to the
product manufacturer who will deal directly with the
return. In these instances, we will provide you with
the contact information for the relevant
manufacturer.
s. 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 the company will only accept a
return within 14 days of purchase or the
manufacturer's time limit if it is less than 14
days.
t. All work carried out under contract which is
deemed by the Company to be due to the Customer’s
misuse of any of the Company’s products or services
will be charged for in the normal manor, in addition
to any charges made prior to the occurrence.
6. Force Majeure
a. No party shall be liable for any failure to
perform its obligations in connection with any
action described in this Agreement, if such failure
results from any terrorist activity, war, threat of
war, military invasion, military coup, riot, civil
unrest, industrial dispute, change of government,
act of God, flood, earthquake, adverse weather
conditions, fire, natural or nuclear disaster,
wilful damage, or other cause beyond such party's
reasonable control (including any mechanical,
electronic, or communications failure, but excluding
failure caused by a party's financial condition or
negligence).
7. Errors and Omissions
a. The company makes every effort to ensure that all
prices and descriptions quoted in its documentation
and on its website are correct and accurate. However
it is inevitable that mistakes will occasionally
occur. In the case of a manifest error or omission,
the company will be entitled to rescind the
contract, not with standing that it has already
accepted the Customer's order, and the companies’
liability in that event will be limited to the
return of any money the Customer has paid in respect
of that order.
b. 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 the
company which is more than 10% less than the price
that would have been quoted had the mistake not been
made.
8. Product specifications
a. The company makes every effort to supply the
goods as advertised but reserves the right to vary
actual dimensions, specifications and quantities
without prior notice. In the event that the company
cannot supply the goods ordered by the Customer, the
company reserves the right to offer goods of equal
or superior quality at no extra cost. If the
Customer does not wish to accept the alternative
goods offered he or she may cancel the order and
require any money paid to the company in respect of
that order to be refunded.
b. Due to the current manufacturing methods of
active matrix display panels, a small percentage of
sub-pixel anomalies (a pixel stuck on or off) are
accepted as inevitable. Accordingly, because the
manufacturing yield of perfect active matrix panels
is very 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, as the company has to adhere to the
manufacturer's guidelines stating that a limited
number of pixel failures are deemed acceptable
before the TFT screen is accepted for replacement on
grounds of fault.
9. The Consumer Protection (Distance Selling)
Regulations 2000
a. 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 companies’ websites
are, with the exception of certain excepted
contracts, subject to The Consumer Protection
(Distance Selling) Regulations 2000 ("the
Regulations").
b. If the Regulations apply, Customers may cancel
goods purchased from the company by sending a notice
of cancellation by post or hand delivery to Solfa
Computers, 44 Nash Drive, Broomfield, Chelmsford,
Essex, CM1 7BG, or by fax (0870 762 3572) or e-mail.
c. The notice of cancellation must be delivered
within 7 days of the date of delivery of the goods.
d. The Customer will be responsible for the cost of
returning the goods. If the Customer does not
actually return the goods to the company, the
Customer is under a duty to make the goods available
for collection from the address to which they were
delivered.
e. The Customer is under a duty to retain possession
of the goods whilst they are awaiting return to the
company and to take reasonable care of them during
this period.
10. Health and Safety
a. In accordance with the Health and Safety at Work
etc Act 1974 and the Consumer Protection Act 1987,
the company 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 when the Customer takes reasonable and
normal precautions in their use.
11. Trade names and Trade Marks
a. Trade names and marks (other than the companies)
are not always indications of manufacturers but may
also be indicative of general use systems and
machines associated with such products. In the case
of component purchases, Customers requiring a
particular brand of product should check with the
company the manufacturer of component it is proposed
to supply.
12. Anti-Spam Policy
a. The company specifically does not authorize the
use of its proprietary computers, servers, routers
and computer network (the “Solfa Network”) to
accept, transmit or distribute unsolicited bulk
e-mail sent from the Internet to the customer.
b. It is also a violation of the companies’ policy,
and the law, to send or cause to be sent to, or
through, the Solfa Network email that makes use of
or contains invalid or forged headers, invalid or
non-existent domain names or other means of
deceptive addressing. The company considers such
email to be unlawful and a violation of our policy,
and any attempt to send or cause such email to be
sent to, or through, the Solfa Network is
unauthorized. Moreover, any email relayed from a
third party's mail servers without the permission of
that third party, or any email that hides or
obscures, or attempts to hide or obscure, the source
of an email also constitutes an unauthorized use of
the Solfa Network. Email sent or caused to be sent
to the Solfa Network that violates Solfa Network
policy is also unauthorized.
c. The company does not authorize the harvesting or
collection of screen names from the companies’
services for the purpose of sending unsolicited
email.
d. Any customer found guilty of breaking company
policy, UK or EU laws will have their services
suspended pending further investigation. The
customer will be given 30 days in which to provide
evidence against the suspension. Where the company
finds that a customer is guilty of breaking company
policies, UK or EU law the account will be closed
without refund. The company will pass on any
evidence to the police or governing authority
concerning breaches of law.
13. Limitations on Sending E-mail
a. The company reserves the right to take all legal
and technical steps available to prevent unsolicited
bulk email or other unauthorized email from
entering, utilizing or remaining within the Solfa
Network. Such action may include, without
limitation, the use of filters or other network
devices, immediate termination of service, and
prosecution of offenders through criminal or civil
proceedings. Nothing in these terms and conditions
shall be construed to grant any right to transmit or
send email to, or through, the Solfa Network, and in
no event shall any failure by the company to enforce
this policy constitute a waiver of the companies’
rights.
b. Unauthorized use of the Solfa Network in
connection with the transmission of unsolicited bulk
email, including the transmission of counterfeit
email, may result in civil and criminal penalties
against the sender.
14. Email Monitoring Policy
a. Under the Investigatory Powers Act 2000 and
Lawful Business Practice Regulations 2000 we reserve
the right to monitor email accounts without consent.
The reasons for such monitoring are as follows:
• to prevent or detect crime;
• to investigate or detect the unauthorised use of
the telecoms system;
• to ensure effective operation of the system;
• national security;
15. Anti Piracy Statement
a. The customer is legally required to ensure that
all software installed on their computers is
adequately licensed.
b. The company withholds the right to refuse to
complete work where evidence of software piracy. It
will be deemed that in such instances the client is
in breach of contract and any work carried out will
be due for payment.
c. The company withholds the right to request proof
of legal conformity including inspection of disks,
manuals, certificates of authenticity, and any other
related documentation in any instances of suspected
software piracy. If this information is withheld
then it will be assumed that the information does
not exist.
d. If conformity to the law is not made within a
reasonable time period then the appropriate action
will taken. Such action includes informing the
software publisher concerned, who will then decide
if legal action is to be taken. The penalties for
the use or sale of illegal software may include
heavy fines and even imprisonment.
Updated January 2005
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Anti-Spam Policy
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The customer is required to refrain from activity considered as offensive
to others. Any act of intolerance or any usage of the e-mail system
which is defined as 'SPAM', will cause the service to be suspended
following further investigation. Any customer found to be
purposefully carrying out such acts will be banned from using our services
with no refund or compensation.
Definition of 'SPAM'
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E-mail which has not been
explicitly requested by the recipient
and
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is not specifically directed to the person (or rôle) behind the
address, but to a 'target' (i.e. the sender cannot provide a valid reason,
acceptable to an independent party, as to why that email was sent to that
particular person)
and
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(as a consequence of 2) may be sent in bulk,
i.e. to more than one recipient.
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Anti Piracy Statement
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At Solfa Computers we are dedicated to combating software piracy. Any
instances of suspected software piracy located by one of our engineers
would result in the users and/or owners being informed. Our engineers have
the right to inspect proof of legal conformity including inspection of
disks, manuals, certificates of authenticity, and any other related
documentation. If this information is withheld then it will be assumed
that the information does not exist. If conformity to the law is not made
within a reasonable time period then the appropriate action will taken.
Such action includes informing the software publisher concerned, who will
then decide if legal action is to be taken. The penalties for the use or
sale of illegal software include heavy fines and even imprisonment. Those
targeted for legal action by Microsoft and other leading software
publishers for piracy have included home users, charities, small business,
medium sized businesses, large businesses, resellers, and wholesalers. For
organisations with five or more computers please contact us concerning the
Microsoft Open License program to help reduce the cost of staying legal. |
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Please
contact us on
01245 445077
or via
email to discover how we can
help you. |
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