Terms & Conditions

  1. Definitions

    1. "Business Customer" means a customer who is not a Consumer.
    2. "ICTMS" means ICT Management Services Limited, a company incorporated in England under number 05123522, also referred to as "we" or "us" in these terms and conditions.
    3. "Force Majeure" means any cause affecting the performance by ICTMS of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
    4. "Normal Working Hours" means 9 am to 5 pm on a Working Day.
    5. "Working days" means Monday to Friday, excluding Bank or other Public holidays.

  2. Orders

    1. All contracts of sale made by ICTMS shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom ICTMS 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.
    2. All orders are subject to acceptance and to availability of the goods ordered: ICTMS is entitled to refuse any order placed by you.c)
    3. You undertake that:
      1. all details you provide to us for the purpose of purchasing goods or services are correct, andii)
      2. >you are authorised to purchase goods and services

  3. Prices

    1. Goods and services, together with VAT, are invoiced at the price prevailing at time of order.b)
    2. ICTMS reserves the right to modify the prices from time to time.

  4. Delivery, Title and Risk

    1. ICTMS shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
    2. ICTMS does not accept liability for shortages or damage to deliveries unless the Customer notifies ICTMS of the shortage or damage in writing within 48 hours of receipt of the delivery.
    3. Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
    4. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
    5. Title in the goods does not pass to the Customer until payment is received in full by ICTMS.
    6. If the Customer cannot accept delivery, ICTMS may at its option:
      1. store and insure the goods at the Customer's expense and risk or
      2. sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
      3. re-arrange delivery provided that ICTMS may charge the Customer for the additional delivery costs incurred.

  5. Payment

    1. Payment is due on shipment unless a Customer has been approved for credit. ICTMS's standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
    2. If payment is not made on the due date, ICTMS will be entitled to charge interest daily on the outstanding balance at the rate of 5% above Bank of Scotland PLC base lending rate from time to time.

  6. Special Terms Relating to Installation and Testing Services

    1. No work will commence until a signed Booking Form has been received.
    2. Installation and testing services are provided on a time and materials basis only at an agreed daily rate, unless specifically stated otherwise. The proposal is estimated from information provided by the customer. ICTMS has the right at its sole discretion to invoice the Customer for the actual days worked irrespective of whether they differ from the proposal above.
    3. The Customer will ensure the operating systems have been installed on each source and target machines prior to the arrival of ICTMS, unless agreed otherwise.
    4. The Customer will ensure the application(s) has been installed on the source and target machines unless these have been specifically requested as part of the services.
    5. Enough physical memory will be available in each machine for Double-Take operations (this should be agreed with ICTMS and implemented prior to the installation taking place).
    6. The Customer takes full responsibility for the adequacy of the I.T. infrastructure being used, unless it has been otherwise agreed that ICTMS takes responsibility for this.
    7. The Customer will make available sufficiently knowledgeable personnel to explain the technical environment in place, including network settings, server settings, applications in use.
    8. Access will be provided to all network devices as needed.
    9. The Customer will schedule sufficient downtime of their production servers to perform installation & testing within the days described above.
    10. The Customer will ensure that the I.T. infrastructure that is required to support the installation and testing services is available on the agreed days defined in the Booking Form. ICTMS reserves the right to charge the Customer for additional hours to the time allocated in the Booking Form caused by the lack of availability of the I.T. infrastructure.
    11. Any other work found to be required is to be considered outside of the project and billed at ICTMS' standard rate of £1000 per day.
    12. The Customer is liable to the following penalties should they decide to move or cancel the days scheduled for installation and testing after returning the signed Booking Form:
      1. Should the Customer wish to move dates that have been agreed they must notify ICTMS at least 14 days in advance of the dates agreed. The new dates for the must also be agreed at this time.
      2. Should the Customer wish to move dates that have been agreed and provide less than 14 days notice they will be liable for additional 20% of the Fees, payable on completion of the work. The new dates must also be agreed at this time.
      3. Should the Customer wish to move dates for a second time they must notify ICTMS at least 21 days in advance. The new dates must also be agreed at this time.
      4. Should the Customer wish to move dates for a second time and provide less than 21 days notice they will be liable for an additional 20% of the Fees, payable on completion of the work.
      5. Should the Customer wish to cancel the dates that have been agreed they must notify the ICTMS at least 21 days in advance.
      6. Should the Customer wish to cancel the dates that have been agreed and provide less than 21 days notice they will be liable for 50% of the Fees.

  7. Product specifications

    1. ICTMS makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
    2. If ICTMS cannot supply the goods ordered by the Customer, ICTMS reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to ICTMS in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

  8. Warranties and Returns

    1. ICTMS is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
    2. Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 6-month manufacturer's warranty.
    3. If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
    4. If you purchase services in the course of your business, the following provisions of this Clause shall apply. ICTMS shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by ICTMS services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, ICTMS reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, ICTMS cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than ICTMS. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
    5. ICTMS does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and ICTMS can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
    6. In the event that ICTMS, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with ICTMS's prior written agreement within 14 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 ICTMS's sale price for the goods, or £20, whichever is the greater.
    7. Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.

  9. ICTMS's liability

    1. In its dealings with Business Customers, ICTMS shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). ICTMS's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order
    2. Nothing in this agreement shall limit ICTMS's liability for death or personal injury caused by its negligence.

  10. Force Majeure

    1. Where, in spite of its reasonable efforts, ICTMS is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

  11. Errors and Omissions

    1. ICTMS makes every effort to ensure that all prices and descriptions quoted in correspondence to the Customer whether by fax, email or post, and on its website are correct and accurate. However, the tempo of changes within the information technology industry makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, ICTMS will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. ICTMS's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by ICTMS after the manifest error has been discovered.
    2. A 'manifest error', as the term is used in sub-paragraph (a) above, means, in relation to an incorrect price, a price quoted in error by ICTMS which is more than 10% less than the price that would have been quoted had the mistake not been made.

  12. General

    1. Nothing in these terms and conditions affects your statutory rights as a Consumer.
    2. 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.
    3. Any waiver of a breach of this Agreement must be in writing.
    4. Any variation of this Agreement must be in writing and signed by a Director of ICTMS.
    5. The headings are for convenience only and shall not affect the interpretation of this Agreement.
    6. 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.
    7. These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
    8. ICTMS may at its discretion record telephone transactions for staff training and quality control purposes.