Efficient & Effective IT Services

0844 875 4156

TERMS OF USE

1. Definitions

Within this Agreement the following words shall have the following meanings:

‘Client’ shall mean the individual or company to whom Swift Digital sells or agrees to sell Products under these terms and conditions.

‘Swift Digital’ shall mean Swift Digital Solutions Limited.

‘Products’ shall mean the Hardware, Software, Training and Services provided or to be provided by Swift Digital under this Agreement.

‘Hardware’ shall mean all hardware components inclusive of related documentation supplied or to be supplied by Swift Digital.

‘Software’ shall mean all application software inclusive of related documentation supplied or to be supplied by Swift Digital.

‘Training’ shall mean Training provided or to be provided by Swift Digital to the Client.

‘Services’ shall mean Services provided or to be provided by Swift Digital to the Client.

The headings to the clauses within this Agreement are for ease of reference only and shall not affect the interpretation or construction of this Agreement.

2. Conditions of Sale

The terms of this Agreement shall apply to the sale of all Products by Swift Digital, to the exclusion of all other terms and conditions. This Agreement constitutes the entire agreement between the Client and Swift Digital, superseding all other written and verbal agreements. No amendment to this Agreement shall be binding unless in writing and signed by authorised representatives of both the Client and Swift Digital.

3. Law

This Agreement shall be governed by English Law and subject to the jurisdiction of the English Courts.

4. Payment and Cancellations

Payment shall be due on order of the Products with the exception of Training where Payment shall be due ten working days prior to the commencement of the Training and, Services which shall be due immediately on completion of work. Training and Services may be cancelled by five working days prior written notice, subject to a fee of 10% of the payment due for the Training and Services to cover administration. This administration fee is due at the time of written notice of the cancellation. Payment for Annual Support is payable in advance unless agreed in writing between the Client and Swift Digital.

If the Client fails to make payment on the due dates then Swift Digital are entitled to charge interest at the rate of 4% over the then current base lending rate of HSBC.

Swift Digital reserves the right to cancel or suspend services until the payment dispute has been resolved. The Client shall not be entitled to set off any monies owed by Swift Digital to the Client against any sum due to Swift Digital by the Client.

5. Delivery and Acceptance

Delivery dates agreed between the Client and Swift Digital are estimates only and are not contractually binding. Delivery shall be deemed to have taken place upon the arrival of the Products at the Client’s premises. The Client shall inspect any Hardware on delivery and shall notify Swift Digital in writing of any defects or failure to comply with description within three days of delivery. Failure to provide such a written communication shall imply that the Client has accepted the Hardware. The Client may return Software at any time within a thirty-day period from delivery, provided that at least one days training has been undertaken, and receive a full refund for the cost of the Software. If the Software is not returned within a thirty-day period then the Client is deemed to have accepted the Software. This is subject to paragraphs 6 and 10, below. The Customer is required to sign Job Sheets and Project Acceptance Certificates to show acceptance of work carried out. If the documentation is not signed off within 5 working days from completion of work, and NCS has not been notified of any issues regarding the work carried out, it is assumed that the Customer has accepted the work and NCS can proceed with invoicing.

6. Warranty

Software and Hardware sold by Swift Digital are subject to the terms of the relevant manufacturer’s warranty. All other warranties expressed or implied are hereby excluded.

7. Client Responsibilities

Swift Digital shall provide the Client with any requirements for delivery of the Products. It is the responsibility of the Client to ensure that the required facilities are available at the time of the delivery of the Products. If such facilities are not available or are unsuitable at the time of the delivery, then the Client shall pay Swift Digital any additional costs incurred as a result. The client may not approach any Swift Digital employee to carry out any services outside of their contract with Swift Digital.

8. Assignment of Work

Swift Digital is entitled to sub-contract under this Agreement. The Client may not sub-contract without the prior written agreement of Swift Digital.

9. Expenses

The Client shall reimburse Swift Digital for any reasonable expenses incurred whilst supplying the Products.

10. Software

All Software is sold subject to the terms and conditions of the relevant software licence. In the event of any conflict between these Terms and Conditions and the terms of any Software Licence, the terms of the Software Licence shall prevail. It is the sole responsibility of the Client to comply with the terms and conditions of the Software.

11. Title

Until such payment, the Client shall hold the Products solely as bailee for Swift Digital, in a fiduciary capacity and in a way which clearly identifies them as property of Swift Digital. Until the Products pass to the Client from Swift Digital, the Client must produce the Products on request. Failure to do so entitles Swift Digital to enter the Client’s premises and repossess the Products. The Client shall insure and keep insured the Products to their full price and against all risks until ownership passes from Swift Digital to the Client.

All software and/or websites sold on a monthly rental/hire basis remains the property of Swift Digital unless other specific arrangements have been agreed.

12. Liability

Swift Digital shall not be liable for any indirect or consequential loss or damage arising from the Products however such loss or damage may be incurred. The Client shall be responsible for creating back up copies of all data and for obtaining insurance cover for the instance of accidentally deleted data.

13. Force Majeure

Swift Digital shall not be liable for any failure due to circumstances beyond their reasonable control including (without limitation) acts of God, fire, flood, strike, labour disputes, civil or commercial sabotage, statute order or any regulation of any government public or local authority.

14. Waiver

The failure by Swift Digital to enforce at any time any one or more of the terms and conditions of this Agreement shall not be deemed to be a waiver or affect the rights of Swift Digital under the terms of this Agreement.