Terms and Conditions
Application
These Terms and Conditions shall apply to the provision of IT Services by Cache4 IT Solutions Limited ("the Provider") to the Client. In the event of conflict between these Terms and Conditions and any other terms (of the Client or otherwise), these Terms shall prevail unless expressly agreed otherwise in writing by the Provider.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
“Agreement” means the separate IT Service Agreement entered into by the Client and the Provider to which these Terms and Conditions apply.
“Business Day” means any day (other than Saturday and Sunday) on which ordinary banks are open for business in England.
“Commencement Date” means the date on which the Services begin, as set out in the Agreement.
“Client” means the client detailed in the Agreement.“Equipment” means any equipment listed in the Agreement, including additional equipment supplied by the Provider.
“Fees” means the Provider’s charges under the Agreement.
“Provider” means Cache4 IT Solutions Limited, registered in England & Wales under company number 09456480, with a registered address at Unit 7 Cooper Way, Parkhouse, Carlisle, CA3 0JG.
“Services” means the services provided by the Provider as set out in the Agreement.
“Software” means any programs, applications, instructions, or similar installed or operative on the Client’s systems.
Unless the context otherwise requires:
References to writing include electronic communication.
Singular terms include the plural and vice versa.
References to a Party include that Party’s successors and assigns,
“Agreement” means the separate IT Service Agreement entered into by the Client and the Provider to which these Terms and Conditions apply.
“Business Day” means any day (other than Saturday and Sunday) on which ordinary banks are open for business in England.
“Commencement Date” means the date on which the Services begin, as set out in the Agreement.
“Client” means the client detailed in the Agreement.“Equipment” means any equipment listed in the Agreement, including additional equipment supplied by the Provider.
“Fees” means the Provider’s charges under the Agreement.
“Provider” means Cache4 IT Solutions Limited, registered in England & Wales under company number 09456480, with a registered address at Unit 7 Cooper Way, Parkhouse, Carlisle, CA3 0JG.
“Services” means the services provided by the Provider as set out in the Agreement.
“Software” means any programs, applications, instructions, or similar installed or operative on the Client’s systems.
Unless the context otherwise requires:
References to writing include electronic communication.
Singular terms include the plural and vice versa.
References to a Party include that Party’s successors and assigns,
Scope of Work
The Provider shall provide the Services detailed in the Agreement with reasonable care and skill.
Additional services outside the Agreement will be separately agreed upon and invoiced accordingly.
Price
The Client agrees to pay the Fees in accordance with Clause 6 and the Agreement.
The Provider may recover reasonable incidental expenses for materials and third-party goods/services provided in connection with the Services.
Additional services not specified in the Agreement will be charged at the Provider’s standard rates or as otherwise agreed.
All sums are exclusive of VAT or other applicable taxes.
Pricing Adjustments
Renewal pricing may include a minimum 5% increase, subject to partner pricing changes and inflation.If supplier costs significantly increase, the Provider reserves the right to adjust pricing with a minimum of 30 days' written notice to the Client.
Payment
Project Work & Hardware
Full payment is required in advance before any project work begins or hardware is ordered.
IT Support Services, Phone, and BroadbandBilled monthly in advance.The first invoice will include:A pro-rated amount for the partial month (from the start date to the end of that month), plusThe next full month in advance.
Future Monthly PaymentsPayments for IT support, phone, and broadband are collected on the 21st of each month, in advance.
Payment MethodsRecurring payments can be made via Direct Debit or Standing Order.One-off payments can be made via Direct Debit, credit card, or BACS transfer as directed by the Provider in the Agreement.
Late payments will accrue interest at 4% above the Bank of England base rate from the due date until payment is received.
Full payment is required in advance before any project work begins or hardware is ordered.
IT Support Services, Phone, and BroadbandBilled monthly in advance.The first invoice will include:A pro-rated amount for the partial month (from the start date to the end of that month), plusThe next full month in advance.
Future Monthly PaymentsPayments for IT support, phone, and broadband are collected on the 21st of each month, in advance.
Payment MethodsRecurring payments can be made via Direct Debit or Standing Order.One-off payments can be made via Direct Debit, credit card, or BACS transfer as directed by the Provider in the Agreement.
Late payments will accrue interest at 4% above the Bank of England base rate from the due date until payment is received.
Contract Term Length and Renewals
Unless otherwise specified in the Agreement, all services are subject to a minimum contract term of 12 months.
Contracts will automatically renew on a rolling 12-month basis, unless written notice of non-renewal is provided at least 60 days before the renewal date.
Renewal terms and pricing will be communicated to the Client at least 30 days prior to the renewal date. The Provider reserves the right to apply a minimum 5% price increase upon renewal, subject to partner pricing changes and inflation.
Contracts will automatically renew on a rolling 12-month basis, unless written notice of non-renewal is provided at least 60 days before the renewal date.
Renewal terms and pricing will be communicated to the Client at least 30 days prior to the renewal date. The Provider reserves the right to apply a minimum 5% price increase upon renewal, subject to partner pricing changes and inflation.
Service Levels and Monitoring
The Provider will monitor the Client’s systems 24/7 and respond to critical alerts during office hours only. Office hours are defined as 8:30 AM to 5:30 PM, Monday to Friday, excluding public holidays.
Response times for support requests during office hours are as follows:
Critical Alerts (e.g., system outages): Initial response within 1 hour.
High Priority Issues: Initial response within 4 hours.
Standard Issues: Initial response within 8 hours.
Support requests outside of office hours will be responded to only if the Client has an active out-of-hours agreement, which may attract additional fees.
On-site visits will be conducted only when remote resolution is insufficient or as specified in the Agreement, which may attract additional fees.
Client’s Obligations and Data Responsibility
The Provider will provide backup solutions as specified in the Agreement and will monitor backups for errors or failures.
The Client acknowledges that they are ultimately responsible for their data, including ensuring that critical data is properly backed up.
The Provider shall not be held liable for any data loss unless explicitly stated in the Agreement.
The Client acknowledges that they are ultimately responsible for their data, including ensuring that critical data is properly backed up.
The Provider shall not be held liable for any data loss unless explicitly stated in the Agreement.
Client’s Obligations and Data Responsibility
Both Parties agree to keep all shared information confidential, except as required by law or with prior written consent.
The obligations under this clause shall survive the termination of the Agreement.
The obligations under this clause shall survive the termination of the Agreement.
Cybersecurity and Incident Response
The Provider will implement reasonable measures to secure the Client’s systems against cyber threats, including monitoring, firewalls, and antivirus solutions, as outlined in the Agreement.
In the event of a security breach:The Provider will notify the Client within 4 hours of detection.The Provider will assist in mitigating the impact and restoring affected systems.
The Client is responsible for adhering to the Provider’s security policies, including using strong passwords and reporting suspicious activity.
In the event of a security breach:The Provider will notify the Client within 4 hours of detection.The Provider will assist in mitigating the impact and restoring affected systems.
The Client is responsible for adhering to the Provider’s security policies, including using strong passwords and reporting suspicious activity.
Notices
Notices must be sent in writing via email, courier, or post to the registered address of the respective Party.
Notices are deemed received:
Upon delivery if sent by courier or registered mail.
Upon transmission if sent by email with confirmation.
Notices are deemed received:
Upon delivery if sent by courier or registered mail.
Upon transmission if sent by email with confirmation.
Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales, and disputes shall fall under the exclusive jurisdiction of the courts of England and Wales.
Data Protection and Privacy
The Provider will process personal data provided by the Client in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
The Provider agrees to implement and maintain appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage.
The Provider will act as a data processor where applicable and provide the Client with a Data Processing Agreement upon request.
The Provider agrees to implement and maintain appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage.
The Provider will act as a data processor where applicable and provide the Client with a Data Processing Agreement upon request.
Cloud Services and Software Licensing
The Provider may recommend or provision cloud-based services for the Client. The Client acknowledges that cloud service performance and uptime are subject to the terms of the third-party provider.
The Provider will ensure all software licenses procured on behalf of the Client remain valid and compliant.
The Client agrees to be responsible for any licensing compliance issues arising from software purchased independently or used without the Provider’s approval.
The Provider will ensure all software licenses procured on behalf of the Client remain valid and compliant.
The Client agrees to be responsible for any licensing compliance issues arising from software purchased independently or used without the Provider’s approval.
Remote Access and Support
The Provider will perform support and maintenance tasks remotely wherever feasible to ensure prompt resolution of issues.
The Client agrees to provide the necessary remote access permissions and ensure stable internet connectivity to facilitate remote support.
On-site visits will be conducted only when remote support is insufficient or where specified in the Agreement and may attract additional fees.
The Client agrees to provide the necessary remote access permissions and ensure stable internet connectivity to facilitate remote support.
On-site visits will be conducted only when remote support is insufficient or where specified in the Agreement and may attract additional fees.
Sustainability
The Provider will strive to minimise its environmental impact, including recycling hardware where possible and using energy-efficient systems.
The Client agrees to participate in recycling programmes for decommissioned hardware and devices, where applicable.
The Client agrees to participate in recycling programmes for decommissioned hardware and devices, where applicable.
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Why not call into our office in Lowry Hill, Carlisle, give us a call on 01228 812614 or drop us an email?
We’re all about IT and keeping IT simple and affordable for everyone.
We’re all about IT and keeping IT simple and affordable for everyone.