G-Logic (trading as ‘FatMac IT Solutions’)
Terms and Conditions
I.T. support services are supplied by G-Logic Limited (whose registered office is 61a Marlow Road, London, SE20 7YG, company no. 06762595, VAT no. 943 5757 91) ("the Company"), subject to the following express terms and conditions ("the Terms").
In these Terms, "we"/"us"/"our" refers to the Company, and "you"/"your"/"yours" refers to you, the Client. These Terms constitute the contract ("the Contract") between the Company and the Client for the supply of products and services. The Company reserves the right to change the Terms at any time without prior notice to the Client.
Any action (including but not limited to instruction, confirmation, acceptance, download or agreement to us or any of our agents or websites) given or undertaken by you or any of your agents or authorised representatives to us (including but not limited to any oral or written forms of communication currently known or unknown) will be deemed your acceptance of these terms and conditions.
“Standard Rate” is equal to the Company’s chargeable rate during office hours at the time of the Contract. This is currently as follows;
- Onsite work is charged at £55 per hour excluding Value Added Tax (VAT). Each onsite visit is subject to a minimum charge of one hour, thereafter time is billed in 30 minute increments.
- Offsite work is charged at £55 per hour excluding VAT. Time is billed per 15 minutes.
“Overtime" constitutes the hours before 9am and after 6pm on weekdays, and anytime during Saturday, Sunday and any public holidays.
"Overtime Rate" is equal to the Standard Rate plus 50% thereof per hour.
"Services" constitute the supply by the Company to the Client of technical I.T. support services (including but not limited to technical consultation, Mac OS server installation and maintenance, Mac OS client installation and maintenance, third party software installation and maintenance, computer hardware consultation, repair and maintenance, hard drive recovery, and training) as requested by the Client.
“Products” (“Product”) are goods that have been purchased through any of the Companies websites, or third party websites on behalf of the Client.
1.1 We agree to supply the Services to you and you agree to pay for the same subject to these Terms.
1.2 The exact date and time of our supply of the Services shall be agreed in advance between the parties and shall be confirmed to you by us either by telephone or email.
1.3 No variation to these Terms shall be binding unless agreed in writing and signed by duly authorised representatives of both parties.
2. Independent contractor status
The Company is engaged as an independent contractor. Nothing herein will be deemed or construed to create a joint venture, partnership, or agency between the Company and the Client for any purpose whatsoever, or render us an agent or partner of the Client, or vice versa.
3. Our obligations
The Company shall endeavor to provide the Services in accordance with these Terms
4. Client obligations
4.1 The Client shall:
- co-operate with us as reasonably necessary in order to enable us to provide the Services.
- be solely responsible for maintaining backups of all critical data, software, documents, and applications on all of your file servers, personal PCs, organisers, mobile phones, and any other electronic equipment;
- be responsible for notifying us in writing of any time limits, deadlines, or any other special requirements relating to the Services prior to us providing the Services. Such requests shall not be retroactive;
- notify us as soon as possible should you need to postpone or rearrange the day and time for the provision of the Services, and in any event should do so no later than 24 hours before the agreed date. In the event that you fail to notify the Company of such postponement or rearrangement 24 hours or more before the agreed date, you shall be liable for 1 hour’s charge at the Standard Rate and shall be invoiced accordingly. Any rearranged date and time shall be at the mutual convenience of both parties, and you understand and agree that we cannot guarantee a response time.
5. Provision of the Services during Overtime
5.1 We shall provide the Services during Overtime at our sole discretion and convenience and only by prior arrangement with you.
5.2 In the event that you require us to provide the Services during Overtime, you shall make an appointment in advance with us for such provision.
5.3 We do not guarantee that we shall be available to provide the Services during Overtime.
You shall not assign, transfer, or charge any of your rights or obligations under this these Terms, but we may engage sub-contractors to undertake the Services provided that we shall at all times comply with and fulfill our obligations under these Terms.
7.1 Services shall be charged to you at the Standard Rate for all work, unless carried out during Overtime in which event you shall be charged as described below.
7.2 Services are charged based on actual time spent, regardless of the complexity of the problem or issues addressed.
7.3 In the event that your premises are outside of London (i.e. such premises do not have a London postcode such as, by way of example but not limited to N, NW, S, SE, SW, E, W), may be subject to a call out charge to be agreed prior to us undertaking the Services.
7.4 Time spent by us undertaking work during Overtime shall be charged at the Overtime Rate.
7.5 All charges for Services are exclusive of VAT, which shall be charged at the rate applicable at the relevant tax point date.
8. Purchase of and reimbursement for products
8.1 We may need to purchase spare parts, other equipment, supplies, accessories, or software in order to provide the Services under these Terms. We shall obtain prior approval from you, whether orally or in writing, before making any purchase in connection with providing the Services.
8.2 You agree that you will reimburse us for any purchase on submission of an invoice by us to you for the same in accordance with Clause 7.
8.3 Products purchased from any of the Companies websites may not be packaged and shipped by the Company. Under the Terms any product packaged and shipped by a third party (including but not limited to any party not under the direct control of the Company) is deemed the sole responsibility and liability of that party, the Company is exempt from any liability resulting from incomplete shipments (including but not limited to late arrival of products, damage in transit, incomplete orders and faulty products). In the occurrence of such an event the Client assumes both responsibility and liability for the return of said products to the third party, and that they agree to adhere to whatever terms and conditions the third party may impose.
8.4 Product returns are made at the discretion of the Company. If returned goods are found to be faulty, and or have been damaged in the care of the Client the Company reserves the right to deny the restoration of the Product.
8.5 Product returns made to the Company for Products shipped by the Company may be subject to a re-stocking fee of 20% of the total value of the product.
8.6 All shipping and additional packaging costs incurred by the Client to return Products (whether they are faulty or not) is the responsibility and liability of the Client.
8.7 Refunds for any Products are made at the exchange rate at the time of the refund and as such may not translate to the amount paid by the Client depending strength of the Pound Sterling at the time of the refund. The Company accepts no responsibility or liability for changes to exchange rates from Pound Sterling to any other currency.
8.8 The Company accepts no responsibility or liability for any additional charges made by third parties in relation to a supplied Product (including but not limited to credit card charges, debit card charges, other banking charges, shipping charges, customs and excise charges). In such instances the Client fully accepts the charges of third parties.
9.1 We shall invoice you upon completion of the Services and you are required to pay the balance of the invoice in full within 30 days of the issuing date.
9.2 Payment must have reached the Companies bank account, and in the event that payment is made by cheque, the cheque must have cleared, before the Company deems the payment complete.
9.3 Payment of all sums shall be made in pounds sterling either
- by bank transfer to: Natwest Bank, for the account of: G-Logic LTD. Account no.: 36254355 Sort code: 60-50-01
- by cheque, in which event it shall be made payable to either FatMac IT Solutions or G-Logic LTD
- by credit or debit card either over the phone or in person to the Companies offices
9.4 You understand and agree that, in the event that you fail to comply with this Clause 9, we reserve the right to:
- charge interest on any late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, on the amount unpaid at the rate of 8% per annum above the Bank of England base rate from time to time, from (and including) the date on which payment was due until (and excluding) the date on which payment in full is made; and
- charge debt recovery costs and legal fees incurred should any action be undertaken to obtain settlement of the account.
9.5 We shall charge you a fee of £25.00 to cover bank charges and administration costs, and invoice you accordingly, in the event that any cheque submitted by you fails to clear on first presentation or is subsequently returned dishonored.
10. Alterations to facilities or equipment
We shall not be liable or responsible in any way whatsoever for problems or damage caused either directly or indirectly as a result of your alteration of or interference with facilities, equipment, and/or your network or system. In the event that you require us to correct or fix such problems relating thereto, such work as we may carry out shall be considered a new project and you agree that the same terms and conditions as set out in these Terms shall apply.
11. Customer software licensing
11.1 You warrant that all software installed or configured by us, or use in any way by you, has been legally obtained and is properly licensed for use by you.
11.2 You further warrant that you have legally purchased a sufficient number of copies of such software for your use and that you have not violated any licensing laws in any way whatsoever.
11.3 We have no knowledge as to the licensing of software provided to us by you and you hereby indemnify us against all or any costs, claims, damages, demands and expenses that may be incurred by or made against us by any third party by reason of your unlawful purchase or use of your software.
11.4 You understand and agree that you shall be solely responsible and liable for all licensing and purchasing of software.
11.5 You understand and agree that you shall be solely responsible and liable for the use or misuse of any software or application downloaded by you from the Companies website either at the request of the Company or its agents, or by your own means, and furthermore that the Company is exempt from any liability to damage of data (including but not limited to software, applications or data of any description) or hardware (including but not limited to computer, network, or phone hardware) as a result of using applications or software that have been made by the Company or its agents.
11.6 You understand and agree that you shall be solely responsible and liable for the use or misuse of any third party software or application downloaded by you at the request of the Company or its agents, and that the use of third party software is undertaken completely at your own risk.
12. Limitation of liability
12.1 We shall not be liable to you (excluding for personal injury or death, fraud, or wilful default) for any loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Services.
12.2 Subject to Clause 12.1, our liability to you shall at all times be limited to the amount paid, if any, by you for the Services.
13. Force majeure
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to the Services, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
14. Non-solicitation of employees
14.1 You acknowledge that we have a substantial investment in our employees that provide Services to you under these Terms and that such employees are subject to our control and supervision.
14.2 You agree not to solicit, hire, employ, retain, or contract with any employee of ours without our prior written consent.
14.3 In the event that a Company employee terminates his or her employment with us (regardless of the reason for termination), and is employed by you (or any affiliate or subsidiary of yours) in any capacity either while the Company employee is still under a contract of employment with us or within a 6-month period immediately following the termination of his or her employment with us, you shall pay to us forthwith an amount equal to 75% of the salary paid by us to the employee immediately prior to such termination.
You shall not assign, transfer, or charge any of your rights or obligations under these Terms, in whole or in part.
16. Third parties
The Contracts (Right of Third Parties) Act 1999 is excluded from applying to these Terms and nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce these Terms, in whole or in part.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
19. Entire agreement
These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.
You acknowledge and agree that the person agreeing these Terms on your behalf is authorised to do so and shall bind you to all the terms and conditions contained herein, and represents and warrants that such person is acting within the scope of his or her authority as an officer, director, duly authorised agent or employee of yours.
21. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.