STANDARD TERMS

1. Quotations & Prices All time will be charged at rate shown on invoice. Each day is 7 hours and part days will be charged at the pro rata hourly rate. The times quoted on Estimates, Quotations or Proposals are a guide only. The actual time worked will be charged. Once work has commenced on a project, we will keep the client informed should the estimate be exceeded.

The details of the work to be performed, will be as agreed with the Client.

Travelling Expenses will be charged at the rate of 45p per mile. Any other expenses will be agreed with the Client beforehand, and charged as incurred.

Fee rates may be increased one year after the start of the Project if services remain ongoing.

All prices are subject to Value Added Tax.

2. Invoicing & Payment Terms Fees will be invoiced monthly. The invoice price is subject to settlement being made by the due date shown on invoice. If payment is not received by the due date, I T Works reserves the right to claim interest on the late payment under the "Late Payment of Commercial Debts (Interest) Act 1998". The rate of interest claimable will be the Bank of England Base Rate + 8%.

3. Hardware/Software We have no dealership agreement with any particular hardware/software dealers; we recommend the most suitable products which we believe to be in the client's best interests, at the best prices we can negotiate at the time.

If any Hardware/Software is purchased for a client, 50% deposit is required with the order and the balance will be due upon delivery. Ownership of Hardware/Software remains with I T Works until paid in full. Any delivery costs will be charged to the client.

4.Returns & Cancellations Goods supplied correctly and in accordance with the contract may not be returned without the express agreement of I T Works and on terms to be determined at the absolute discretion of I T Works.

Unless I T Works at its discretion decides otherwise, the following shall apply,

  1. Goods must be returned in the Manufacturers original packaging, complete with accessories, manuals and documentation. Returned items not compliant with these requirements shall be rejected.

  2. The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has in the opinion of I T Works been caused by the goods being inadequately packaged by the buyer or through the buyers fault.

  3. I T Works reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.

  4. Under no circumstances shall I T Works refund shipping & handling charges to the buyer.

5. Contracts Support Contracts will automatically be renewed annually unless 90 days is given prior to renewal date.

6. Training All training charges are payable in advance of the training taking place. Any training which is booked and subsequently cancelled within 5 working days of the due date will incur the full charge.

7. Software Licences The use of certain of the software sold by IT Works is subject to the granting of a licence for the period of use. These licenses form a separate agreement and notwithstanding any clause contained within these conditions the rights and remedies of the client are restricted to the terms of the licence.

8. Backups We cannot guarantee that any Back Up system is recoverable unless it has been fully tested by ourselves

9. Copyright The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programs or any other material prepared by IT Works whether readable by humans or by machines shall belong to IT Works absolutely and they shall not be reproduced or disclosed or used in its original or translated form by the Client without IT Work’s written consent for any purpose other than that for which they were furnished.

10. Advertisements Any advertisement, catalogue, price list, illustration, or other publication containing information with regard to weights, measurements, capacities, performance and any other data relating to the Goods shall not form part of the Contract for the sale of the Goods, and the Client shall be deemed to rely upon his own judgement as to the quality and the fitness of the Client’s use of the Goods.

11. Staff The Client may not approach staff employed by IT Works with a view to offering them employment for a period of two years from the completion of each and any contract.

12. Force Majeure IT Works shall not be liable to the Client by reason of it’s failure to perform any part of the Contract resulting from any breakdown of plant or apparatus, fire. explosion, accident, strike, lock out or any other events beyond the control of IT Works.

13. Termination If the Client fails to comply or by his act or omission it is clear that he does not intend to comply with these conditions or any special conditions, IT Works may by written notice to the Client determine the contract without prejudice to any right of action which IT Works may have against the Client in respect of this contract.

14. Partial Invalidity If and to the extent that any clause or clauses of these terms and conditions of sale should prove invalid the remaining provisions and the Contract shall remain valid and binding. Any invalid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions shall be binding on both parties.

15. Waiver The failure of IT Works to insist upon strict performance in any of the terms and conditions stated herein shall not be considered a continuing waiver of such term or condition or of any other terms and conditions.

16. Exclusions Clause Except as otherwise provided, or where exclusion is prohibited at law, all conditions, warranties and representations whether express or implied by statute, custom of trade or otherwise are hereby expressly excluded and IT Works shall not be liable to the Client for any loss or damage including (but not limited to) consequential loss or damage whatsoever caused resulting from any act, omission or default whether negligent or otherwise, of IT Work,it's employees, agents or subcontractors.

The above terms and conditions may be modified without prior notice