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.

Definitions

“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. Appointment

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.

6. Subcontracting

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. Rates

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. Payment

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

or

  • by cheque, in which event it shall be made payable to either FatMac IT Solutions or G-Logic LTD

or

  • 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.

15. Assignment

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.

17. Waiver

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.

18. Severability

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.

20. Authorisation

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.





Privacy Policy

This Privacy Policy applies to information we, G-Logic Limited, collect about individuals who interact with our organisation. It explains what personal information we collect and how we use it.

If you have any comments or questions about this notice, feel free to contact us at info@fatmac.co.uk.

1. Personal data that we process

The following table explains the types of data we collect and the legal basis, under current data protection legislation, on which this data is processed.


Purpose Data (key elements) Basis
Enquiring about our organisation and any potential future works Name, email, correspondence and/or project address and any other details relevant to carrying out our work Legitimate interests - it is necessary for us to read and store your details, messages and other details so that we can respond in the way that you would expect
Subscribing to our newsletter Name and email Consent - you have given your active consent.
Website functionality Website activity collected through cookies Legitimate interests - it is necessary for us to store a small amount of information, usually through cookies, to deliver functionality that you would expect, such as remembering the contents of your comments or login information on our blog site at https://blog.fatmac.co.uk/

2. How we use your data

We will only use your data in a manner that is appropriate considering the basis on which that data was collected, as set out in the table at the top of this policy.

For example, we may use your personal information to:

  • reply to enquiries you send to us;
  • handle donations or other transactions that you initiate;
  • where you have specifically agreed to this, send you marketing communications by email relating to our work which we think may be of interest to you.

3. When we share your data

We will only pass your data to third parties in the following circumstances:

  • you have provided your explicit consent for us to pass data to a named third party;
  • we are using a third party purely for the purposes of processing data on our behalf and we have in place a data processing agreement with that third party that fulfils our legal obligations in relation to the use of third party data processors; or
  • we are required by law to share your data.

In addition, we will only pass data to third parties outside of the EU where appropriate safeguards are in place as defined by Article 46 of the General Data Protection Regulation.

4. How long we keep your data

We take the principles of data minimisation and removal seriously and have internal policies in place to ensure that we only ever ask for the minimum amount of data for the associated purpose and delete that data promptly once it is no longer required.

Where data is collected on the basis of consent, we will seek renewal of consent at least every three years.

5. Rights you have over your data

You have a range of rights over your data, which include the following:

  • where data processing is based on consent, you may revoke this consent at any time and we will make it as easy as possible for you to do this (for example by putting ‘unsubscribe’ links at the bottom of all our marketing emails).
  • you have the right to ask for rectification and/or deletion of your information.
  • you have the right of access to your information.
  • you have the right to lodge a complaint with the Information Commissioner if you feel your rights have been infringed.

A full summary of your legal rights over your data can be found on the Information Commissioner’s website here: https://ico.org.uk/

If you would like to access the rights listed above, or any other legal rights you have over your data under current legislation, please get in touch with us.

Please note that relying on some of these rights, such as the right to deleting your data, will make it impossible for us to continue to deliver some services to you. However, where possible we will always try to allow the maximum access to your rights while continuing to deliver as many services to you as possible.

6. Cookies & usage tracking

A cookie is a small file of letters and numbers that is downloaded on to your computer when you visit a website. Cookies are used by many websites and can do a number of things, e.g. remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at a website.

Where cookies are used to collect personal data, we list these purposes in section 1 above, along with other personal data that we collect. However, we also use some cookies that do not collect personal information but that do help us collect anonymous information about how people use our website. We use Google Analytics for this purpose. Google Analytics generates statistical and other information about website usage by means of cookies, which are stored on users' computers. The information collected by Google Analytics about usage of our website is not personally identifiable. The data is collected anonymously, stored by Google and used by us to create reports about website usage. Google's privacy policy is available at http://www.google.com/privacypolicy.html.

7. Modifications

We may modify this Privacy Policy from time to time and will publish the most current version on our website. If a modification meaningfully reduces your rights, we'll notify people whose personal data we hold and is affected.





Data Protection Policy

This policy will come into effect on 25th May 2018.

Definitions


Us, we, the company, FatMac means FatMac IT Solutions, a trading name of G-Logic Limited, a limited company registered in England and Wales, company number 06762595.
GDPR means the General Data Protection Regulation.
Responsible Person means the appointed data protection lead.
Register of Systems means a register of all systems or contexts in which personal data is processed by the company.

1. Data protection principles

The company is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

  • processed lawfully, fairly and in a transparent manner in relation to individuals;
  • collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
  • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

2. General provisions

  • This policy applies to all personal data processed by the company
  • The Responsible Person shall take responsibility for the company's ongoing compliance with this policy.
  • This policy shall be reviewed at least bi-annually.
  • The company shall register with the Information Commissioner’s Office as an organisation that processes personal data.

3. Lawful, fair and transparent processing

  • To ensure its processing of data is lawful, fair and transparent, the company shall maintain a Register of Systems.
  • The Register of Systems shall be reviewed at least bi-annually.
  • Individuals have the right to access their personal data and any such requests made to the company shall be dealt with in a timely manner.

4. Lawful purposes

  • All data processed by the company must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
  • The company shall note the appropriate lawful basis in the Register of Systems.
  • Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
  • Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the company's systems.

5. Data minimisation

  • The company shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

6. Accuracy

  • The company shall take reasonable steps to ensure personal data is accurate.
  • Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

7. Archiving / removal

  • To ensure that personal data is kept for no longer than necessary, the company shall put in place an archiving policy for each area in which personal data is processed and review this process at least bi-annually.
  • The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

  • The company shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
  • Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
  • When personal data is deleted this should be done safely such that the data is irrecoverable.
  • Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the company shall promptly assess the risk to people’s rights and freedoms and, if appropriate, will report this breach to the ICO within 72 hours of identifying the data breach (more information on the ICO website).





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