TERMS & CONDITIONS

1. The Service

Network Spectrum Limited provides support services for your PC and IT Network , for example: installation of hardware and peripherals including broadband and other IT connections, system design and set-up, problem solving on operating systems and software, including virus removal, web site design and management, and web-site and email hosting. References to "Services" within these terms and conditions are to these and any other Services provided to you by Network Spectrum.

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2. When do these Terms and Conditions apply

When you order any Services from Network Spectrum, such Services are provided subject to these Terms and Conditions. This is the case whether the Services are ordered over the telephone, by email, via the web-site or by any other means.

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3. What we undertake to do

a. When you contact us we will seek to agree the Services that are to be provided and make an appointment to provide those Services either on site or by remote link via the internet.

b. We will ensure that the Services are carried out by a person with appropriate skills and, where applicable, qualifications for the provision of the Services

c. We will use our reasonable efforts to provide the Services ordered

d. On completion of the Services we will issue a VAT invoice, which in the absence of agreed credit terms will be due for immediate payment

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4. Our charges

a. Unless otherwise agreed with you in writing, Network Spectrum charges the standard hourly rate which rate is currently specified on the web-site, and may be changed by Network Spectrum entirely at its own discretion which will result in an amended rate being charged from the date of such change.

b. On each occasion that you are provided with Services, the minimum charge payable is in respect of one hour. After the first hour, time is chargeable in increments of half an hour for each half hour or part thereof.

c. All hardware and software supplied to you by Network Spectrum in connection with the services will be charged in addition to the hourly rate at our list prices. We will not supply any hardware or software unless you have agreed beforehand.

d. Charges for Services duly supplied are not refundable.

e. Payment in full shall be made within 7 days of the submission of the invoice related to the service provided

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5. Limitations on the Provision of the Services

a. As the owner and user of your PC or Network, it is your responsibility to ensure that the integrity of your system is preserved through use of appropriate and up to date virus software and firewalls, and the implementation of appropriately designed security and maintenance procedures. Whilst we may advise you on such issues as part of the Services with the intention of minimising the risks to your PC or network, we do not accept any liability for PC or network breakdowns, loss of data or any other form of consequential loss following the provision of the Services

b. We do not guarantee that we will be able to fix all faults reported by you.

c. When agreeing an appointment, we will use our reasonable efforts to keep the appointment but timings are not guaranteed.

d. In placing an order for services, you agree that computers, software, associated products and any network that constitutes a combination of all of the above are liable to breakdown and failure and that our role is to assist you in the management of your PC or network with the intention of reducing the incidence of PC or network failure and the restoration of your PC or network to full operational effectiveness on a reasonable endeavours basis.

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6. Access to Systems

a. In Ordering Services, you agree to provide unlimited access to the PC or network in respect of which you are asking us to provide the services. This applies whether the Services are supplied on-site or remotely via the web.

b. When providing Services, Network Spectrum shall be entitled to make such alterations that it deems necessary to the settings of any installed software or hardware that in its professional judgement are necessary to provide the requested Services, including where necessary the deletion or removal of corrupted or infected files or programmes. You agree to remain on-hand and available for consultation throughout the provision of the Services.

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7. Confidentiality

a. Network Spectrum undertakes to keep confidential all information and data provided by you, or to which it has access, as a consequence of providing the Services. This obligation as to confidentiality shall not apply in relation to information:

i. That is already in the public domain, or comes into the public domain through no fault of Network Spectrum

ii. That Network Spectrum is obliged to disclose in accordance with the law or in order to comply with any regulatory obligation or direction

iii. That you permit Network Spectrum to disclose

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8. Limitation on damages

a. In placing an Order for Services you acknowledge you are freely entering into a contract with Network Spectrum, and that the provision of the Services shall be governed exclusively by these Terms and Conditions, including the limitations of liability set out below.

b. You agree to waive any claim for damages direct or indirect, and further agree that your sole and exclusive remedy for damages (either in contract or in tort) is the repayment of the Charges in respect of the Services.

c. Network Spectrum accepts no liability for any losses, loss of profit or consequential losses you may suffer as a consequence of the provision of the Services.

d. Network Spectrum's liability as a consequence of any breach of duty of care, or as a consequence of negligence on the part of Network Spectrum, shall be limited absolutely to £5000 in any calendar year

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9. Indemnity

a. In respect of the provision of Services at your premises, you fully indemnify Network Spectrum in respect of any injury to Network Spectrum employees etc

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10. English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

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11. Force Majeure

Neither party shall be liable for any delay in performance caused by circumstances beyond its reasonable control and the party in delay shall be entitled to a reasonable extension of time for performance

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