Terms and Conditions
SuiteX Terms & Conditions.Definitions.
'SuiteX' means 'SuiteX Limited.'
'Services' means any services provided by SuiteX
'Products' means any products supplied by SuiteX
'Buyer' means the client
Formation of Contract.
All products and services sold/provided by SuiteX are supplied subject to these conditions, which shall be the sole terms and conditions of any sale or supply by SuiteX to the buyer. No representative, agent or sales person has SuiteX's authority to vary, amend or waive any of these conditions on behalf of SuiteX and no amendment or addition to any of them shall be deemed to have been accepted unless accepted in writing by SuiteX.
SuiteX retains ownership of all beamzone project files, intellectual property rights and copyright unless otherwise stated. SuiteX further retains ownership of all goods/services until they have received payment in full. All charges are exclusive of VAT unless otherwise stated.
On all projects with a total value of over £250 exclusive of VAT, SuiteX reserves the right to request a 50% deposit prior to commencing work. Full Payment must be made by cheque or electronic transfer of the invoiced amount to SuiteX before delivery or installation of any beamzone bluetooth transmission system(s).
SuiteX reserves the right to charge interest on late payment in accordance with UK law laid out in 'The Late Payment of Commercial Debts (Interest) Act 1998'. Guidance on the Act is set out in 'A User's Guide to the amended late payment legislation effective from 7 August 2002', available on-line at: http://www.payontime.co.uk/downloads/latepayment_download.html A guide may be obtained by telephoning 0870 150 2500, quoting reference URN 02/883. (Source: Department of Trade and Industry "Better Payment Practice". Crown Copyright 1998.)
SuiteX reserves the right to alter costs, if reasonable to do so. The buyer will be notified of any increase before the work is completed.
The buyer may not transfer its rights or obligations under this contract to any other person, firm or company.
SuiteX may not change or add to any conditions unless it is reasonable to do so.
SuiteX will not be liable for: Any fault in their service or products caused by improper use. Failure to provide a service or product caused by events outside their reasonable control. Any loss or corruption of data, or damage to persons or property, arising from the use of SuiteX's products or services.
SuiteX shall not be liable for any delay in, or failure to, perform any of its obligations under the contract if the delay or failure is caused by circumstances outside the reasonable control of SuiteX, and for any failure of any computer system, software or other equipment used by SuiteX, or any of its suppliers.
SuiteX shall under no circumstances be liable for any consequential loss (including loss of anticipated profits or third-party claims).
SuiteX reserves the right to charge up to 100% of any original quoted contract price if a quotation is accepted and subsequently cancelled by the buyer.
SuiteX reserves the right to charge up to 100% of any original quoted hire fee if a booking accepted by SuiteX is subsequently cancelled by the buyer within less than 10 working days notice.
SuiteX reserves the right to charge up to 100% of any creative work undertaken for a campaign subsequently cancelled by the buyer.
All recommendations and advice given by or on behalf of SuiteX are given for guidance only.
Data Storage Terms and Conditions.
The copyright of any images, applications, audio and / or video material, where it is copyright SuiteX Ltd, will remain copyright SuiteX Ltd.
Any storage drive, disk or tape media remain property of SuiteX.
Should data be lost, SuiteX will do everything within their control to reinstate the data. However SuiteX cannot be responsible for catastrophic loss of data, for example, but not limited to, in the event of theft or fire.
SuiteX shall not be liable under any circumstances for a failure in provision of service from partner companies, including but not limited to, any failure or delays of a centralised Beamzone Management System residing on a server outside the control of SuiteX.
Data drive(s) are held in storage to which only SuiteX employees have right of access to and is fully locked and alarmed overnight.
Any data held on any drive(s) will remain under the privacy clauses held with individual organisations.
SuiteX Hire Agreement.
Terms and Conditions of Hire.
In this document the following words shall have the following meanings -
(The Owner) means SuiteX Limited, the company hiring out the Equipment.
(The Site) means the premises or site specified by the Hirer where the Equipment is to be used.
(The Hirer) means the company, firm or person who hires the Equipment from the Owner.
(The Equipment) means anything the Owner agrees to rent to the Hirer as part of a Bluetooth Proximity Marketing and Information system.
General.
These Terms and Conditions shall apply to all contracts for the hire of the Equipment by the Owner to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Owner in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Owner.
By accepting the Equipment at the Site the Hirer is agreeing to these Terms and Conditions unless otherwise agreed in writing.
All Equipment is hired on the basis of payment before the commencement of the hire, charged at a written agreed rate between the Owner and the Hirer.
Equipment may be hired for a minimum number of days or weeks and additional days or weeks may be charged pro rata, or by mutually agreed terms, in writing.
Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment full allowance for the hire charges will be made to the Hirer. Breakdown time in respect of such periods shall be allowed for not more than 8 hours per day less the actual hours worked.
The Hirer shall be responsible for insuring the Equipment against loss, damage or theft. The Equipment shall be insured for the manufacturer's current published list price.
Commencement.
The period of hire shall commence from the time that the Equipment leaves the Owner's premises or other agreed location and shall continue until returned to the Owner's premises or other agreed location or termination of hire is confirmed in writing if the Owner is to collect.
Hirer's Obligations.
The Hirer must -
1.Use the Equipment in a skilful and proper manner and not use the Equipment for any purpose beyond its capacity.
2.Regularly check the condition of the Equipment during the period of hire. The Hirer shall be responsible for any damage or loss arising from the continued use of Equipment in an unsafe condition.
3.During the period of hire ensure the security and safekeeping of the Equipment.
4.Allow the Owner access to inspect, repair or replace the Equipment upon reasonable notice at any time.
5.Immediately inform the Owner of any breakdown of the Equipment or any problem affecting the working of the Equipment.
6.Not repair the Equipment without the prior written consent of the Owner.
7.Read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions.
8.Unless otherwise agreed in writing by the Owner, keep the Equipment in its own possession at the Site.
9.Return the Equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. Equipment not returned will be charged for at the manufacturer's current published list price. Hire fees will continue to be charged up to the time the Equipment is paid for in full.
10.Not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Equipment to any third party
11.Comply with any relevant Government or Local Authority Regulations.
Delivery and Return.
Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the Equipment at the Site and on its return to the Owner and for all costs incurred in connection therewith, and any driver or operator supplied by the Owner shall be deemed to be under the Hirer's control and shall comply with all directions of the Hirer.
Upon delivery of the Equipment, any defects or dissatisfaction must be notified immediately to the Owner and confirmed in writing within 2 working days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to the Hirer's satisfaction.
Breakdown and Repairs.
Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment or where stoppage occurs in the course of carrying out normal repairs, full allowance for the hire charges will be made to the Hirer, any claims to be considered from the time and date of notification by the Hirer.
Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the Hirer shall be responsible for all loss or damage incurred by the Owner arising from any breakdown and for the payment of the hire charges during the period the Equipment is inoperable due to such breakdown.
Where the Owner decides to carry out urgent repairs to the Equipment during the period of hire, the Owner shall be obliged to replace the Equipment with equipment of a similar type and the Owner shall be liable for all transport costs involved. Where no replacement equipment is available the Owner shall be entitled to terminate the hire immediately by notice in writing to the Hirer.
The Owner shall be liable for all transport costs where termination occurs within 3 months of the start of the period of hire and for the costs of loading and returning the Equipment where termination occurs more than 3 months after the start of the period of hire.
Liability.
The Owner shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Owner shall not be liable for any loss or damage arising from any cause beyond its reasonable control.
The liability of the Owner with respect to any claims arising out of the hire shall be limited to replacement of the Equipment with similar Equipment or at the Owner's option termination of this contract and restitution of the amount of any charges paid with respect to any period for which the Equipment was inoperable.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Owner for death or personal injury caused as a result of the Owner's negligence, breach of contract or otherwise.
Indemnity.
The Hirer agrees to indemnify and hold the Owner and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Owner by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Equipment during the period of hire.
Termination.
Where there is no fixed period of hire, the period of hire may be terminated by either party giving to the other 7 days' notice in writing and the Hirer's obligations under this agreement shall continue until the Equipment is returned to the Owner.
If the Hirer defaults in the prompt payment of any sum due under this agreement or is in breach of any of the Terms and Conditions of this agreement, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, the Owner shall be entitled to terminate the hire immediately by notice in writing to the Hirer and it shall thereupon be lawful for the Owner to retake possession of the Equipment.
It will be for that purpose to enter into or upon any premises where the same may be and the termination of the hire under this clause shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under this agreement or damages for breach thereof.
Severance.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing Law.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
January 2009.
Download a copy of our Terms and Conditions and acceptance form HERE