Terms

>> Terms & Conditions of Service - iSOS

Definitions:
The Customer : The company or individual requesting the services of iSOS.

General
iSOS will carry out work only where an agreement is provided either by email, telephone, mail or fax and automatically agrees to the Terms and Conditions of Service set out in this document. iSOS will carry out work only for Customers who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between iSOS and the Customer, this includes telephone and email agreements.

On-site Services

On-site services are provided by iSOS to the Customer subject to the following Terms and Conditions of Service:

iSOS will attend the Customer's premises at the pre-arranged time.

iSOS normal working hours are Monday-Friday, 09:00 - 18:00. The Customer shall remain at the Customer's home or premises while iSOS employees are in attendance.

If the problem(s) has not been remedied at the end of the first hour of iSOS attendance, iSOS will discuss with the Customer the options available. The Customer may ask iSOS to continue working on the problem(s) or make a further appointment. The Customer may terminate the appointment at any time. On termination the Customer will pay iSOS the amount incurred in respect of any additional time, if any, beyond the first hour's attendance.

On-site services are provided by iSOS to the Customer subject to the following Terms and Conditions of Service:

iSOS will attend the Customer's premises at the pre-arranged time.

Cancellation of on-site appointments

1. Cancellation of any appointment must be advised to iSOS no later than 24 business hours prior to the day of the appointment. iSOS reserves the right to invoice any Customer where cancellation occurs less than 24 business hours prior to any appointment.

2. If the iSOS engineer can offer a solution but the customer chooses not to proceed then the customer will be charged for the time spent on site to that point.

3. If the iSOS engineer is only prevented from resolving a problem because the customer does not posses the appropriate software disks, drivers or product serial numbers the customer will be charged for the time spent on site to that point.

4. If the engineer diagnoses a fault with a customers Internet Service Provider, even when the ISP attempt to deny any fault the customer will be charged our standard rates for the time spent on-site.

Goods provided by iSOS

iSOS may make recommendations to the Customer or the Customer may request that a product be provided by iSOS in order that iSOS can perform the services. All expressed or implied warranties, description, representations and conditions as to fitness or suitability for any purpose in respect of the services, including in respect of any product, including but not limited to any item of software, hardware or peripheral provided by iSOS, are expressly excluded. For the avoidance of doubt, iSOS has no liability as to the suitability for the performance of the services, of any product manufactured, sold or supplied by any third party, whether or not that product has been recommended to the Customer by iSOS. Any hardware, software or equipment provided to the Customer shall remain the property of iSOS until full payment is received.

Purchase of Apple Equipment

On purchasing of Apple equipment, the Customer is bound to the Terms and Conditions of sale as laid out by Apple Computers International and all grievances will be directed to Apple Store UK.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, iSOS cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of iSOS until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by iSOS remain the copyright of iSOS and may only be commercially reproduced or resold with the permission of iSOS.

iSOS cannot take responsibility for any copyright infringements caused by materials submitted by the Customer. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The Customer agrees to make available as soon as is reasonably possible to iSOS all materials required to complete the site to the agreed standard and within the set deadline.

iSOS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

iSOS will not be liable or become involved in any disputes between the site owner and their Customers and cannot be held responsible for any wrongdoing on the part of a site owner.

iSOS will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Customer or any of the Customers appointed agents.

iSOS will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Database, Application and E-Commerce Development
iSOS cannot take responsibility for any losses incurred by the use of any software created for the Customer. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Customer in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by iSOS remain the copyright of iSOS and may only be commercially reproduced or resold with the permission of iSOS.

Where applications or sites are developed on servers not recommended by iSOS, the Customer is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Customers responsibility to provide a suitable testing environment which is identical to the final production environment.

The Customer is expected to test fully any application or programming relating to a site developed by iSOS before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, iSOS will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the Customer decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Compatibility
iSOS will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6, Safari and to an acceptable level with Mozilla browsers. iSOS can offer no guarantees of correct function with all browser software.

Website Hosting
While iSOS recommends Apple Web Services Ltd as their preferred hosting company, where other hosting company's are used iSOS make no guarantees as to the availability or interruption of this service and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

iSOS reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

If you are paying with a company cheque, company charge or company credit card you will be charged business rates regardless of whether the work is deemed to be residential.

Regarding Project Work (Filemaker and Web development) a deposit of 25% is required from any new Customer before any work is carried out. It is the iSOS policy that any outstanding accounts for work carried out by iSOS or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with iSOS.

Regarding on-site repairs or engineering that is not part of a project, the Customer will pay iSOS the amount stated on the iSOS invoice/work report at the time iSOS attends the Customer's premises. iSOS will attend the Customer's premises for the period agreed by the Customer prior to or at the commencement of the appointment. iSOS will endeavour to diagnose and/or remedy the problem(s) described by the Customer at the commencement of the appointment.

We will contact Customers via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or iSOS have not been contacted regarding the delay, access to the related website and or databases may be denied and web pages and or database functionality removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the Customers credit rating.

Following consistent non payment of an invoice our Solicitors will contact the Customer in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Payment is to be made by BACS, cash or cheque. In the event of non-payment, default or dishonoured cheque iSOS will charge interest at the rate of 15 percent per annum from the date of the invoice up to and including the date payment is made in full.

Liabilities

1. iSOS accepts no liability in respect of any problem(s) it may not remedy due to any matter beyond its control including but not limited to the age, specification or condition of the Customer's hardware or software, Customer's failure to provide appropriate software discs, drivers or product serial numbers or any fault with the Customer's Internet Service Provider.

2. The Customer hereby confirms that a full back-up of the Customer's hard-drive has been made prior to iSOS commencing the services and that there is no legal restriction or impediment to iSOS providing services to the Customer.

3. Under no circumstances shall iSOS be liable either in contract, tort or otherwise, to the Customer, its employees, agents, or any third party, for any injury or damages, including without limitation, any direct, indirect, special or consequential damages, expenses, costs, profits, lost savings or earnings, interruption to business activity, lost or corrupted data, or other liability arising out of, or related to the services provided by iSOS or out of the installation, de-installation, use of, or inability to use the Customer's computer equipment, hardware, software or peripherals. The Customer will, upon demand, indemnify iSOS in respect of any loss, damage or injury arising from the provision of the services. For the avoidance of doubt iSOS has no liability for Customer data lost or damage incurred in any circumstances whatsoever.

Confidentiality

1. iSOS will maintain the confidentiality of the Customer's files and/or data and undertakes not to provide any Customer information to any third party save in the event it is lawfully required to do so. iSOS reserves the right to refuse the provision of services for any reason including but not limited to circumstances such as the presence of unlicensed or illegal software or material or material of an obscene or pornographic nature on a Customer's computer. If for such reason iSOS terminates the services the Customer shall be liable for and pay to iSOS, at that time, the charges incurred in respect of time spent, in accordance with clause 3 above.

Return Visit & Complaints Policy

1. In the event of any dissatisfaction with the service provided by iSOS, the Customer should immediately contact iSOS on 0845 86 222 68. iSOS will make an appointment for a return visit by one of our engineers. The engineer will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of iSOS, the Customer shall pay for the additional time incurred at iSOS normal rates. If the problem arose directly as a result of iSOS previous attendance no further charge shall be made.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with any service provided by iSOS should raise the matter directly by e-mail in the first instance, giving sufficient information to locate the project or related tasks and clearly outlining the grounds for complaint.

iSOS will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to iSOS, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.