LogoSystems shall provide the LogoSystems Support Service (”The Service”) as defined below during normal working hours i.e. 09.00 to 17.30 Monday to Thursday and 09:00 to 17:00 on Fridays (Saturdays, Sundays and public holidays excepted).
The Service consists of the ongoing support and repair of computer hardware and software including adjustments and repair for satisfactory operation of the equipment. The Service does not cover for any loss of data. The levels of support, response and coverage vary in accordance with the chosen coverage level detailed in the subscription invoice as prepared by LogoSystems at the beginning of each billing period.
The customer shall pay for the cost of ;- i) the replacement of any parts; ii) the cost of any upgrades or installations that are not deemed to be fault related, at the discretion of LogoSystems.
In the event that LogoSystems cannot effect a repair by the end of the following working day a replacement will be supplied (subject to availability) unless a guaranteed fix time or guarantee of replacement equipment has been specified in the “Contract type” section of the agreement.
The charging period commences from the date of the first invoice for subscription based support. Payment is due immediately upon receipt of all invoices unless previously agreed in writing. LogoSystems reserves the right to withhold service or to demand full payment of contract charges should the customer default on any payment due.
All charges are subject to VAT at the rate current at the time of invoicing.
The contract shall be deemed to have commenced on the date shown and shall continue thereafter for a minimum period of twelve months, thereafter until terminated by either party by giving to the other, notice of not less than 30 days in writing, this shall include any default or breach of contract by the Customer.
LogoSystems offer a 14 day cooling off period. So long as the customer informs LogoSystems in writing within 14 days of the commencement of the agreement of their intention to terminate, then the customer will only be liable for the first month’s payment and will receive support throughout that first month.
LogoSystems reserves the right to vary the terms of and/or alter the charges under the contract at any time after the expiry of 12 months from the date of commencement hereof, upon giving not less than one month’s written notice. On receipt of such notice the customer may at their option terminate this contract by giving not less than 30 days written notice to LogoSystems which notice shall expire on the date on which the change of terms would have otherwise come into effect.
The customer shall allow LogoSystems full access to the equipment and ancillary equipment and provide such relevant personnel as LogoSystems may require at all reasonable times. The customer shall ensure that at all times the equipment is used in a normal and proper manner and only operated by competent personnel.
LogoSystems shall not be liable for any loss or damage suffered by the customer, including any loss of business and/or profit, personal injury or any other consequential loss, howsoever caused.
LogoSystems shall under no circumstances be liable for any data loss, howsoever caused. The Customer shall undertake to ensure that they have always in place a sufficient local and off site data backup solution.
LogoSystems shall not be liable in respect of failure to provide the Service due to causes beyond its control.
LogoSystems reserves the right to terminate this agreement forthwith if servers or desktop computers are moved from the original installation named within the contract address without providing LogoSystems with written notice. Such notice shall be provided not less than one month before the intended removal. LogoSystems shall at its sole discretion accept or refuse to continue the contract cover at the new location. Such termination shall be without prejudice to the rights of either party at the date of such determination and it is agreed by both parties that LogoSystems shall not be liable in these circumstancesto refund any part of the original contact fee paid in the event of the termination of the contact.
This agreement shall be governed by and construed under the Laws of England.
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