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In this Agreement, the following
expressions shall have the following meanings unless the context otherwise
requires:
DEFINITIONS:
Dataclass Ltd: Dataclass Limited - trading at Worth Corner Business
Centre, Turners Hill Road, Pound Hill, Crawley, RH10 7SL; Registered Office: 21 The Rise,
Pound Hill, Crawley, West Sussex, RH10 7EN, United Kingdom - Registered in the
UK No 2999188; VAT No GB 840 8385 16;
The Customer: The purchaser of or applicant for computer products
or services from Dataclass Ltd;
Acceptable Use Policy: the policies and rules that exist now or which may
be amended, modified or published from time to time by Dataclass Ltd which are
posted on the Dataclass Ltd Site;
Customer Software: the software provided by the Customer to Dataclass Ltd
to enable it to or assist it in providing any Services;
Data Activity: the amount of data transfer measured in Megabytes per
month transmitted across Dataclass Ltd’s Network by the Customer’s use of the
Web Hosting Services and/or Web Mail Service and/or Web Calendar Service and/or
any other hosted services including database upload and download services such
as but not limited to data backup and data restore systems;
Effective Date: the date of acceptance of the Agreement by Dataclass Ltd;
Fees: the registration, renewal and/or other fees as posted on the
Dataclass Ltd Site from time to time payable by the Customer to Dataclass Ltd in
respect of the provision of the relevant Services;
Intellectual Property Rights: all copyright, trade marks, service
marks, patents, design rights and any other intellectual property right (whether
registered or not);
Information: the information provided by the Customer on the Order Form
and any other information relating to the Services or this Agreement submitted
by the Customer to Dataclass Ltd;
Money Back Guarantee: the guarantee as posted on the Dataclass Ltd
Site from time to time;
Order Form: the order form posted on the Dataclass Ltd Site which the Customer
has completed and submitted to Dataclass Ltd;
Personal Data: information which relates to the Customer or individuals
employed or engaged by the Customer who can be identified from that information
or from that information and other information held by or likely to be held by
Dataclass Ltd;
Services: Website Hosting Services, Web Mail Services, Web Calendar
Services, Database Backup, Database Restore, Technical Support Services and any other services posted on the Dataclass Ltd Site as selected by
the Customer and which the Customer wishes Dataclass Ltd to provide;
Dataclass Ltd Site: the Dataclass Ltd web site located at
http://www.dataclass.uk.com and accessible by that or any other URL;
Tangible Products: equipment, systems, components or any other
items having a physical existence;
Third Party Software: "open source" operating and applications software
made available by third party software vendors;
the Website: website or sites in respect of which Dataclass Ltd provides
the Website Hosting Services as specified on the Dataclass Ltd Site;
Website Hosting Services: website hosting services as specified on the
Dataclass Ltd Site.
The headings contained in this Agreement are for reference only and shall not
affect their interpretation.
Dataclass Ltd may at any time
correct any typographical or other errors or omissions in any document posted on
the Dataclass Ltd Site relating to the provision of the Services, the Policies
or otherwise without any liability whatsoever to the Customer.
This Agreement covers both the
supply of both Services and
Tangible Products. An additional section at
the bottom covers both Services and Tangible Products.
You are advised to read the whole of this Agreement.
In respect of the supply of Services, the following conditions apply:
ONLINE SERVICES
Dataclass Ltd provides, manages and maintains online services including a
web hosting service, web mail service and web calendar service. The Customer
wishes to use the web hosting service and/or use the web mail service and/or the
web calendar service. This Agreement contains the terms and conditions which
shall govern the relationship between the Customer and Dataclass Ltd. Until
accepted by Dataclass Ltd, this Agreement constitutes the Customer's request to
Dataclass Ltd to provide the Services (as defined below) on the terms and
conditions set out herein.
Dataclass Ltd will advise the Customer of its acceptance of the Customer's
offer by sending an electronic acknowledgement to the Customer's email address.
Acceptance by Dataclass Ltd brings into existence a legally binding agreement
between the Customer and Dataclass Ltd.
SUPPLY OF
SERVICES
Dataclass Ltd will provide the Services to the Customer subject to the terms and
conditions contained in this Agreement. Any changes or additions to the
Services or this Agreement must be agreed in writing by Dataclass Ltd and the
Customer.
Dataclass Ltd will provide the Services exercising reasonable skill and care but
otherwise it will have no obligation, duty or liability to the Application in
contract, tort, for breach of statutory duty or otherwise. In the event of
material breach of this clause, the Customer's only remedy against Dataclass Ltd
will be to terminate this agreement and a right to recover actual damages
suffered which will not exceed the total amount of fees paid by the Customer to
Dataclass Ltd for provision of the services affected by Dataclass Ltd's breach,
less any sums chargeable in respect of usage in accordance with these terms and
conditions and/or the refund policy. This does not affect the Customer’s
statutory rights.
Dataclass Ltd will commence performance of the services following despatch of
its acceptance of the Customer's offer and the Customer agrees and acknowledges
that he will not be able to exercise any right he may have to cancel this
agreement under the Consumer Protection (Distance Selling) Regulations 2000 (as
amended or modified). For avoidance of doubt, this clause does not
apply to the supply of tangible goods.
The Acceptable Use Policy, Refund Policy, Money Back Guarantee, and Data
Protection Policy ("the Policies"), and where applicable the Service Level
Agreement are incorporated into this Agreement by reference. The Customer agrees
and acknowledges that by entering into this Agreement he will be bound to and
will abide by these policies.
Dataclass Ltd may modify, amend and/or revise the Policies from time to time and
the Customer is responsible for reviewing the Policies on a regular basis. Any
modifications, amendments and/or revisions to the Policies necessary to comply
with any applicable statutory or other legal requirements will be effective
immediately on the date of posting on the Dataclass Ltd Site. All other modifications, amendments and/or
revisions to the Policies will be effective twenty (20) days after the date of
posting on the Dataclass Ltd Site and will have retrospective effect.
SOFTWARE
Where the Customer requests Dataclass Ltd to provide any Third Party Software,
whether in connection with the Website Hosting Service or any other
Service, the Third Party Software is provided on an "as is" and "as available"
basis. Dataclass Ltd gives no warranties or other undertakings of any kind in
relation to the Third Party Software. Where any licence is needed for any Third
Party Software, the Customer agrees that such software will not be provided
until the Customer has paid any necessary licence and/or other fees and
associated costs, and that it will comply with the terms of any software
licence.
In relation to the Customer Software, the Customer warrants and undertakes to
Dataclass Ltd that it is entitled to provide the Customer Software to Dataclass
Ltd to use the purpose of providing the Services, that the Customer Software is
free from viruses and any other disabling devices, that if any licence fee shall
be payable in respect of such use, the Customer will bear the same, and that it
will, prior to commencement of use of the Customer Software by Dataclass Ltd,
provide to Dataclass Ltd copies of any licence terms with which Dataclass Ltd is
required to comply. If the licence terms are, in the sole discretion of
Dataclass Ltd, onerous, Dataclass Ltd shall be entitled to decline to use the
Customer Software, without liability of any nature to the Customer. The Customer
will fully and effectively indemnify Dataclass Ltd, its employees, agents and
contractors from and against any liability, loss or claim whatsoever and all
costs and expenses (including, without limitation, legal costs and expenses)
incurred in relation to or arising out of any breach of the Customer's
obligations under this Agreement..
WEBSITE HOSTING,
WEB MAIL AND WEB CALENDAR SERVICES
In return for the payment of the Website Hosting Fees and compliance by the
Customer with the terms of this Agreement, Dataclass Ltd agrees to provide a
hosting service in respect of the Website for the term specified.
In return for the payment of the Web Mail Fees where applicable and compliance by the
Customer with the terms of this Agreement, Dataclass Ltd agrees to provide one or more Web Mail account(s) for the term specified.
In return for the payment of the Web Calendar Fees applicable and compliance by the
Customer with the terms of this Agreement, Dataclass Ltd agrees to provide one or more Web Calendar account(s) for the term specified.
In return for the payment of the
WebStats Fees applicable and compliance by the
Customer with the terms of this Agreement, Dataclass Ltd agrees to provide account(s)
for WebStats Server traffic monitoring and analysis for the term specified.
In return for the payment of the
Click Tracker Fees applicable and compliance by the
Customer with the terms of this Agreement, Dataclass Ltd agrees to provide account(s)
for Click Tracker Server reporting and analysis for the term specified.
Dataclass Ltd's liability in respect of the availability of the Website is
limited as specified in the Service Level Agreement. Dataclass Ltd's obligation
is to act as host only. The Customer acknowledges that it has sole
responsibility and liability for the design and maintenance of the Website.
This clause does not apply to integrated packages where website design and hosting have
been purchased by the Customer in a single order.
The Customer understands and agrees that the level of Data Activity permitted in
the use of the hosting packages, web mail services and web calendar services in
relation to the specific Service package selected by the Customer. Data Activity additional
to that permitted will be charged at the rates specified on the Dataclass Ltd
website. Dataclass Ltd will also give the Customer the opportunity to upgrade to
the next level of service where relevant.
The Customer acknowledges that any refund given by Dataclass Ltd shall be made
after deducting the amount of the set-up fees, if any, and the applicable charges for the Data Activity, if any, of the Customer until the date of
termination/cancellation.
The Customer acknowledges and agrees that Dataclass Ltd may monitor use of the
Website, Web Mail accounts or Web calendar accounts and traffic to and there from and content thereof as specified in the Acceptable Use Policy.
OBLIGATIONS OF THE Customer
The Customer will pay to Dataclass Ltd the Fees applicable at the time the
Customer submits the Order Form or at the time of the renewal of this Agreement
as provided in clauses below or as otherwise specified as appropriate in the
Dataclass website. Dataclass Ltd reserves the right at any time to revise the
Fees without notice.
The Customer undertakes and warrants to Dataclass Ltd that the Information is
true, accurate and complete in all material respects. The Customer also
undertakes and warrants that he will maintain and keep the Information true,
accurate and complete in all material respects by immediately notifying
Dataclass Ltd of any change that is required to be made to the Information
(including but not limited to informing Dataclass Ltd of any changes in the
Customer's address and/or contact details).
The Customer undertakes and warrants to Dataclass Ltd as follows:
1. to the best of the Customer's knowledge, information and belief, the
provision of the Services nor the manner in which they are to be directly or
indirectly used will infringe the Intellectual Property rights of any third
party;
2. that the Customer has the full right, power, legal capacity, ability
and authority to enter into this Agreement;
3. that use of the Services will be strictly subject to the terms and
conditions of this Agreement and the Acceptable Use Policy which may be amended,
revised or modified from time to time and it is the Customer's responsibility to
review these documents on a regular basis;
4. the Customer will use the Services in good faith;
5. the Customer understands and agrees that Dataclass Ltd has no
responsibility for the content of the Website or any other website of the
Customer, whether hosted using the Services or not, and that the Customer is
responsible for those websites including but not limited to ensuring their
accuracy, complying with the Acceptable Use Policy,
and ensuring that such websites are secure and adequately protected from viruses
and other disabling devices; and
6. the Customer will not make use of the Services in any way so as to
infringe any subsisting right of any third party.
The Customer understands and agrees that it is its responsibility to ensure that
all data stored in web mail or web calendar accounts is backed up as is
necessary for the Customer. Unless the Customer has otherwise agreed in writing
with Dataclass Ltd, Dataclass Ltd will not be responsible for any losses of
whatever nature caused by loss or corruption of data including but not limited
to emails and online orders.
The Customer understands and agrees that use of the Services, and access to any
website by third parties will be subject to the local laws of the country where
such third party is resident and the Customer warrants to Dataclass Ltd that he will
use the Services and will operate, use and display the website in
accordance with all relevant national and international laws and regulations.
The Customer will be responsible for and will fully and effectively indemnify
and keep indemnified Dataclass Ltd, its employees, agents and contractors from
and against any liability, loss or claim whatsoever and costs and expenses
(including, without limitation, legal costs and expenses) incurred in relation
to or arising as a result of any breach of the Customer's obligations under this Agreement by either the
Customer, its employees, agents or contractors.
LIMITATION OF
LIABILITY
The Customer acknowledges that the Fees for the Services are calculated on the
basis of the limitations on liability as set out in this Agreement and that,
accordingly, the limitations on liability set out in this Agreement are
reasonable in the circumstances. If requested by the Customer, Dataclass Ltd
will provide alternative Fee quotations, based upon acceptance by Dataclass Ltd
of higher levels of liability, such level of liability to be specified in
Dataclass Ltd's quotation.
Subject as expressly provided to the contrary in this agreement and except in
respect of fraud, or death or personal injury caused by the negligence of
Dataclass Ltd, Dataclass Ltd will not be liable to the Customer by reason of any
representation (unless fraudulent), or any implied warranty, condition or other
term, or any duty at common law, or under the express terms of this agreement
for loss of data, profits or contracts nor for any indirect, incidental, special
or consequential loss or damage, costs, expenses or other claims for
compensation relating to the use or the inability to use the domain name, the
servers, the web-site or in any other way related to or in connection with the
provision of the services, whether caused by the negligence of Dataclass Ltd,
its employees or agents or otherwise and whether such action arises in contract,
tort or otherwise.
Save as expressly provided to the contrary in any Service Level Agreement,
Dataclass Ltd will not be liable for any damages or losses whether direct or
indirect that the Customer may suffer as a result of service or systems failure
whether caused by systems or services under Dataclass Ltd's control or
otherwise, including but not limited to domain name system failure, server failure, access delays or interruptions,
data non-delivery or mis-delivery, any acts of God, delays in provision of the
services, breaches of security or unauthorised use of the web-site, web mail or
web calendar arising from "hacking" or otherwise, even if Dataclass Ltd has been
advised of the potential for such damages and even if Dataclass Ltd may reasonably foresee such possible
damages.
Dataclass Ltd is not liable for the loss of any emails sent to mailboxes of any
configuration or sent from email accounts related services provided by Dataclass
Ltd. Dataclass Ltd is not responsible for any email stored in mailboxes provided
by Dataclass Ltd. The Customer only has an expectation of preserving email
downloaded from mailboxes provided by Dataclass Ltd.
In no event shall the liability of Dataclass Ltd under this Agreement
(including, for the avoidance of doubt, but not limited to the Service Level
Agreement and the refund policy) exceed the total paid for thr respective
services.
While Dataclass Ltd makes regular maintenance updates to its systems and
services, it will not be liable for any damages or losses whether direct or
indirect that the Customer may suffer as a result of any virus, Trojan horse or
other disabling device that affects services or systems whether under the
control of Dataclass Ltd or otherwise.
The Customer will indemnify Dataclass Ltd and keep Dataclass Ltd fully and
effectively indemnified on demand against any and all losses, claims, damages,
costs, charges, expenses, liabilities, demands proceedings and actions which
Dataclass Ltd may sustain or incur in relation to the hosting service, web mail
service, web calendar service and/or any other services brought or threatened against Dataclass Ltd by any
third party, except in the event of death or personal injury caused by the
negligence of Dataclass Ltd.
The parties expressly exclude any rights of third parties who may otherwise be
entitled to enforce the terms of this Agreement as if they were a party to it or
otherwise able to rely on the provisions of the Contracts (Rights of Third
Parties) Act 1999 as enacted or modified from time to time.
Subject as expressly provided in this Agreement, and except where the Services
are sold to a person dealing as a consumer (within the meaning of the Unfair
Contract Terms Act 1977), all warranties, conditions or other terms implied by
statute or common law are excluded to the fullest extent permitted by law.
Where the services are sold under a consumer transaction (as defined by the
Consumer Transaction (Restrictions on Statements) Order 1976) the statutory
rights of the Customer are not affected by the terms and conditions of this
agreement.
SERVICES REFUND POLICY
All requests for refunds for hosting plans under the One Month Money Back
Guarantee must be in writing and sent by first class post to the offices of
Dataclass Ltd. Dataclass Ltd may, at its discretion, accept requests by fax. In
the case of credit card orders, all refunds will be to the credit account used
for the original transaction.
No refunds will be made if Dataclass Ltd terminates your hosting or other
services due to violation of our Acceptable Use Policy or any other violation of
our Terms and Conditions, except as may be provided therein. This does not
affect your statutory rights.
TERM, TERMINATION AND RENEWALS
This Agreement shall come into
force on the Effective Date and subject to earlier termination as provided under
this Agreement, including but not limited to the Refund Policy, will continue
for the period specified in the service agreement.
Approximately two months before the expiry of the term, Dataclass Ltd shall
submit to the Customer a renewal notice accompanied by an emailed invoice. If
the Customer pays the invoice prior to the expiry of the term, this Agreement
will continue in force for the further period specified in the renewal notice.
If the Customer has not paid the invoice by the expiry of the term, this
Agreement shall automatically terminate, and Dataclass Ltd shall cease to
provide any further Services to the Customer without any liability to the
Customer. For the avoidance of doubt, this may include termination of Website
Hosting and/or Web Mail Services and/or Web Calendar Services and/or Technical
Support Services.
Dataclass Ltd shall be entitled to terminate this Agreement immediately without
notice if the Customer is in material breach of any obligation under this
Agreement. A material breach includes but is not limited to:
1. if the Customer provides materially false, inaccurate, incomplete or
misleading information; or
2. if the Customer fails to correct material errors or omissions relating
to the Information resulting in the Information becoming false, inaccurate,
incomplete or misleading.
Dataclass Ltd shall be entitled to terminate this Agreement immediately upon
written notice if:
1. the Customer is in breach (other than material breach) of any
obligation under this Agreement and, in the case of breach capable of remedy, it
shall not have been remedied by the Customer within thirty (30) days following
receipt of a written notice from Dataclass Ltd specifying the breach and
requiring its remedy; or
2. the Customer becomes insolvent, has a receiver appointed over the whole
or any part of its assets, enters into any composition with creditors, or has an
order made or resolution passed for it to be wound up (otherwise than for the
purposes of a scheme for solvent amalgamation or reconstruction) or, in the case
of an individual or partnership, becomes bankrupt, makes a voluntary arrangement
with his or its creditors or has a receiver or administrator appointed.
The Customer shall be entitled to terminate this Agreement immediately upon
giving notice to Dataclass Ltd if:
1. Dataclass Ltd is in material breach of any obligation under this
Agreement and, in the case of a breach capable of remedy, it shall not have been
remedied by Dataclass Ltd within thirty (30) days following receipt of a written
notice from the Customer specifying the breach and requiring its remedy; or
2. Dataclass Ltd becomes insolvent, has a receiver appointed over the
whole or any part of its assets, enters into any composition with creditors, or
has an order made or resolution passed for it to be wound up (otherwise than for
the purposes of a scheme for solvent amalgamation or reconstruction).
The Customer acknowledges that termination of this Agreement for any reason will
result in Dataclass Ltd ceasing to provide the Services, with all the
consequences that flow from such cessation, including, but not limited to,
deletion of hosting account(s), mailboxes and web calendars.
SERVICE LEVEL
AGREEMENTS
Service Level Agreements apply to
Dataclass Technical Support Contracts only.
Service Level Agreements do not apply in the event of natural disasters or
meteorological phenomenon, fire, flood, explosion, accident, acts of terrorism,
acts of any governmental authority, Acts of God, war or other outbreak of
hostilities, riots or other civil disturbance, strike or other industrial
disputes, criminal damage, acts or omissions of providers of telecommunication
services, or other force majeure occurrence.
Claims against Service Level Agreements must be in writing and faxed or posted
to Dataclass Ltd, stating the times of failure, rectifications attempted by the
Customer, and supporting documentary evidence.
Dataclass Ltd is not responsible for lost e-mails or in delays in delivering
e-mail.
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In respect of the supply of Tangible Products, hereinafter referred to as
Products, the following conditions apply:
CONDITIONS:
Dataclass Ltd offers a one year Return To Base (RTB) Warranty on all new
products.
Should any products carry a manufacturer's extended warranty period it is the
sole responsibility of the Customer to liaise directly with the manufacturer of
the product for full details of the warranty agreement should it be found to be
faulty.
It is the responsibility of the Customer to return and collect goods to or from
Dataclass Ltd's premises.
All products advertised are subject to availability.
Dataclass Ltd reserves the right to charge carriage fees to the Customer in the
returning or dispatching of goods.
Dataclass Ltd gives no assurance as to the mutual compatibility of components sold in any single order unless explicitly stated otherwise.
All prices published by Dataclass Ltd are subject to VAT @ 17.5%. Errors and
Omissions Excepted (E & OE). Prices are subject to change without prior notice
at the discretion of Dataclass Ltd.
Dataclass Ltd remains the owner of all goods shipped to the Customer until
Dataclass Ltd has been paid in full.
If any payment due under these conditions is overdue in full or in part
Dataclass Ltd may, without prejudice to any of its other rights, recover and/or
resell all the goods or any part of them and may enter the Customer's premises
by its servants or agents to recover the goods and the Customer shall be liable
for all Dataclass Ltd's costs of so doing.
If any act or proceedings shall be commenced in which the Customer's solvency is
concerned, all monies under any transaction covered by these Conditions shall
become immediately due and payable.
Dataclass Ltd reserves the right to decline service to any company or consumer
at its sole discretion without explanation.
Carriage fees are not included in any published prices. Prices are updated
periodically and are subject to change without notice. Carriage charges apply to
Great Britain mainland only. Extra charges will be levied to residents of
Northern Ireland, The Republic of Ireland, the Shetland Isles, The Isle of Man
and all other offshore regions of the UK not mentioned herein.
Except where the Customer is dealing as a consumer (as defined in the Unfair
Contract Terms Act 1977, section 12) all other warranties, conditions or terms
relating to fitness for purpose, merchantability or condition of the goods,
whether implied by Statute, Common Law or otherwise are excluded and the
Customer warrants that the Customer is satisfied as to the suitability of the
goods for the Customer's purpose.
Dataclass Ltd does not accept responsibility for the loss of any software or
data stored on any system or storage media handed to Dataclass Ltd for
inspection, repair, upgrade or any other purpose.
Dataclass Ltd does not accept responsibility for any failures to the Customer's
components within its possession unless these have been damaged by Dataclass
Ltd.
Dataclass Ltd reserves the right to levy charges for any of the following
services:
1. Inspection of any piece of computer equipment and installation or replacement
of either software or hardware.
2. Use of credit or debit cards or rapid cheque clearance facilities.
3. Diagnosis and testing of any problems encountered with any piece of hardware
or software.
4. Recovery of any hardware or software problems and backup of any data when
requested by the Customer.
Dataclass Ltd accepts the responsibility of incorrectly dispatched goods (i.e
goods not matching the specification displayed on the accompanying invoice) if
notified to, and agreed by, Dataclass Ltd within seven (7) working days of
receipt. Dataclass Ltd agrees to pay the return carriage charges of the correct
goods. Dataclass Ltd does not accept any consequential loss to the customer
during this period and offers no compensation for such.
In accordance with the Distance Selling Regulations, the following applies to
all mail order and E-Commerce contracts:
The Customer is entitled to return the goods within seven (7) working days for a
full refund subject to the following:
1. It is reasonable for the Customer to open the outer packaging and inspect the
goods. It is not acceptable to
break any seals on the accompanying software or on the item itself.
2. Any software that forms a part of the goods (driver and software disks and/or
extras such as but not limited to games, applications and utilities) if unsealed
by the Customer are exempt from the right to cancel and return the goods under
the Distance Selling Regulations. However, if the goods are not as specified,
advertised or faulty, then the Customer may still reject the goods under The
Sales of Goods Act.
3. Computer Systems built to the customer's individual specifications are exempt
from the right to cancel under the Distance Selling Regulations. This does not
include our pre-specified Computer Systems available as specified on our website
or in our brochure.
4. If the Customer properly rejects any of the goods in accordance with the
Distance Selling Regulations within
seven (7) working days in writing, the Customer shall nonetheless be responsible
for the return cost of the goods.
5. If the returned goods received by Dataclass Ltd are not in a sellable 'as
new' condition, then Dataclass Ltd
reserves the right to charge a restocking fee.
Whether goods are returned in a sellable condition is to be judged by Dataclass
Ltd at its sole discretion.
Dataclass Ltd accepts no responsibility for any consequential loss caused to the
Customer for the receiving of
faulty goods. Faulty goods received shall be dealt with as set out below.
Whilst every effort shall be made to keep any delivery date, time of delivery
shall not be of the essence. Dataclass Ltd shall not be liable for any
consequential loss incurred by the Customer or any other person or company
arising directly or indirectly out of any failure to meet any estimated delivery
date.
Unless otherwise agreed Dataclass Ltd may deliver by instalments and in such
case each instalment shall be treated as a separate contract and any delay,
default or non-delivery in respect of any instalment by Dataclass Ltd shall not
entitle the Customer to cancel the remainder of the Contract.
Dataclass Ltd cannot accept any returned goods found to fall into one or more of
the following categories:
1. The goods are in some way physically damaged by the Customer.
2. The warranty label is found to have been tampered with or torn.
3. The goods are found not to have been sold to the customer by Dataclass Ltd.
4. The goods are outside the 12-month warranty limit.
5. The goods do not have a corresponding Returns Code displayed clearly on the
packaging. A Returns Code must be obtained before any item is sent back to
Dataclass Ltd. The procedure for obtaining a Returns Code is detailed
here.
Goods received by the Customer that are found to have been physically damaged
during transit must be reported to Dataclass Ltd immediately. The maximum time
allowed to report physical damage is 72 hours. After 72 hours, any claims of
physical damage will not be accepted for refund or replacement.
Upon return of goods found to be faulty, Dataclass Ltd offers the following
service:
To return a working replacement of equal or better specification to the customer
within 30 days from the commencement of the contract. If, after 30 days, a
replacement cannot be sent for whatever reason, a full refund will be given if
requested at the current market value of the item. If this is not ascertainable,
then a refund will be given for the value of the nearest equivalent item.
Inspect all goods on arrival as damage must be reported within 72 hours of
receipt and prior to any installation. If your goods appear damaged in any way,
including packaging, they must be signed for as “damaged” on the delivery sheet
with the courier. This covers you (the Customer) in the event of a claim for
damage to the items.
Except as may be implied by law where the Customer is dealing as a consumer, in
event of any breach of these
Conditions by Dataclass Ltd the remedies of the Customer shall be limited to
damages which shall in no circumstances exceed the price of the goods and
Dataclass Ltd shall under no circumstances be liable for any indirect,
incidental or consequential damages.
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In respect of the supply of
both Tangible Products and Services, the following conditions apply:
DATA PROTECTION
Except to the extent that Dataclass
Ltd is required or permitted by law, any Information which is Personal Data will
be used solely as set out in the
Data Protection Policy on the Dataclass Ltd Site from time to time.
In the event Dataclass Ltd does not accept the Customer's offer to enter into a
Services Agreement, the Personal Data will not be held for longer than is
necessary, after which time it will be destroyed.
In the event Dataclass Ltd accept the Customer's offer to enter into a Services
Agreement, the Personal Data will form part of the Customer's customer records
and Dataclass Ltd will be entitled to use it for all purposes connected with the
provision of the Services.
GENERAL
This Agreement including all the documents incorporated by reference within it
constitutes the entire agreement between the Customer and Dataclass Ltd,
supersedes any previous agreement or understanding and may not be varied except
as provided for in this Agreement.
Dataclass Ltd is entitled to assign this Agreement and all or any of its rights
or obligations hereunder without the prior written consent of the Customer. The
Customer is not entitled to assign this Agreement nor all or any of its rights
or obligations hereunder without the prior written consent of Dataclass Ltd.
Except where expressly provided to the contrary in this Agreement, any notice
required or permitted to be given by either party to the other under this
Agreement shall be in writing and delivered or sent by first class post to the
other party at its registered office or principal place of business or such
other address as may at the relevant time have been notified to the other party.
No failure or delay by either party in exercising any of its rights under this
Agreement shall be deemed to be a waiver of that right, and no waiver by either
party of any breach of this Agreement by the other shall be considered as a
waiver of any subsequent breach of the same or any other provision.
If any provision in this Agreement is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the other
provisions of this Agreement and the remainder of the provision in question
shall not be affected.
This Agreement shall be governed by and construed in accordance with English
law and shall be subject to the non-exclusive jurisdiction of the English
Courts.
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