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Terms and Conditions
1. DEFINITIONS
1.1 ‘Accston’,
'Accston Computer Group' or ‘the company’ means Accston, 25
Milnshaw Lane, Accrington, Lancashire. BB5 1AY United Kingdom.
Telephone : 0845 269 7042
e-mail :
post@accston.com website :
www.accston.com
1.2 ‘Client’ means any individual, company,
partnership, organisation or other body who instructs the
company to provide any products or services.
1.3 Placing an order with the company or use of the
companies website constitutes full agreement with and
acceptance of these terms and conditions.
1.4 This agreement shall apply to any and all services
or products ordered by a client from the company.
2. QUOTATIONS
2.1 The client will wherever possible be provided with
a full quotation for products and/or services ordered, in
writing either by post, fax or e-mail. All quotations are
valid for a period of 7 days from the date of issue unless
otherwise stated.
2.2 Written quotations for repairs (usually required
only for insurance work etc) will incur a £25:00 charge. This
charge will be waived if the repair is subsequently carried
out by the company within 28 days of issue of the quotation.
2.3 Any deviation in products or services required by
the client will be subject to additional charge. Accston
Computer Group will always inform the client of any additional
charges involved.
3. PAYMENT TERMS & CREDIT ACCOUNTS
3.1 All products and services ordered from Accston
Computer Group are due for payment immediately with either the
issue of an invoice or receipt with the exception of clients
using our credit accounts. Credit account invoices must be
settled in full within 28 days of the issue date. Products and
services remain the property of the company until full payment
is received & cleared. Orders for services (eg web design)
will require a deposit of 50% of the agreed purchase price
before work can commence, with the remaining 50% due on
completion.
3.2 Any invoice queries must be notified to the company
in writing within 3 working days of receipt of the invoice.
3.3 Any overdue payments may result in suspension
and/or termination of any services supplied to you by the
company including website provision, hosting, e-mail etc. A
fee will be chargeable to reinstate these services. Accston
Computer Group will not be liable for any loss or damage as a
result of such a suspension or cancellation.
3.4 The company reserve the right to charge interest on
overdue amounts at 8% above the prevailing Bank of England
base lending rate calculated on a daily basis until the amount
is paid in full including such interest accrued. Accston
Computer Group also reserve the right to recover from the
client any costs associated with debt collection and recovery
including reasonable administration fees, legal fees, court
costs etc.
3.5 The company will record details of any overdue
accounts and use this information to assess the continued
provision of a clients’ credit account. This information may
also be reported to the credit reference agencies. The company
reserves the right to suspend and/or rescind any credit
account at its sole discretion.
3.6 Applications for credit accounts must be made using
a credit account application form available on request from
the company.
3.7 Payments must be made in sterling with all cheques
etc made payable to ‘Accston’. Payments made which are
subsequently returned or refused by your paying authority (eg
bank, building society, PayPal etc) will be subject to a
charge of £25 plus any bank charges we are levied with. This
is in addition to any interest charges due under section 3.4
above. ACCSTON COMPUTER GROUP
4. DATA
4.1 Accston will take every care of artwork, software,
files etc. sent to us for use in completing the client’s
order. However we cannot guarantee their safety and it is
recommended that clients keep copies wherever possible.
4.2 All data accessed or stored on systems and/or
components returned under warranty or undergoing assessment,
repair, maintenance or upgrade should be considered at risk.
Accston Computer Group cannot be held responsible for the
integrity of such data although all reasonable precautions
will be taken. It is therefore the client’s responsibility to
ensure that suitable backup provisions are maintained and that
sensitive data is removed.
4.3 Any items supplied by the client to Accston
Computer Group[ will be assumed to be the clients own property
and as such free from any copyright conditions or restrictions
of use. The client will indemnify Accston Computer Group
against any liabilities, damages, claims, offence and disputes
etc resulting from use of items so supplied.
4.4 Accston Computer Group will only provide services
and products for legitimate, lawful purposes and reserves the
right to refuse to provide any products or services at its
sole discretion without disclosing a reason.
5. SUPPLY & DELIVERY
5.1 No goods or services shall be supplied by Accston
Computer Group on a trial basis.
5.2 Photographs etc of any products or services
featured in any company publication are for illustration
purposes only. Minor variations do not entitle the customer
to rescind the contract.
5.3 Accston Computer Group does not warrant the
suitability of any goods or services supplied. It is the
clients’ responsibility to ensure that goods or services are
fit for the proposed use prior to ordering.
5.4 Any software configuration or re-configuration,
installation or virus removal carried out by us and
demonstrated to the client as working correctly is from that
time considered a completed task. If a similar fault occurs
thereafter, this will be treated as a new job and will be
chargeable accordingly.
5.5 In the unlikely event that Accston Computer Group
cannot supply goods or services ordered by the client, we
reserve the right to offer goods or services of an equal or
superior quality.
5.6 Whilst every effort will be made to honour delivery
dates & times, these should be treated as an estimate only.
No liability can be accepted by the company for any failure to
deliver within these estimated times.
©ACCSTON COMPUTER
GROUP 2009
5.7 The company will accept no liability for shortages
or damage to goods or services unless these are notified in
writing to the company by the client within three working days
of receipt of the goods.
5.8 If for any reason the client is unable to accept
delivery of any goods or services ordered at the time when
they are due and ready for delivery, the goods or services
will be returned to the company and a £25:00 surcharge will be
levied. Further arrangements for delivery will then be made at
the sole expense of the client. The date of the original
invoice raised will not be amended.
6. WARRANTY & RETURN
6.1 New items supplied by Accston Computer Group to
clients carry at least a full twelve months return to base to
warranty unless stated otherwise. Second user parts carry a
thirty day return to base warranty unless stated otherwise.
All warranties are effective from the date of invoice.
Accston Computer Group do not provide on site warranties
except as part of a maintenance contract.
6.2 In the event of claiming under warranty, returning
faulty items to the company or returning items under section
6.6 below, the client must first telephone, e-mail or write to
the company for a returns number. Any returns can only be
accepted if they have a returns number provided by the
company. This must be clearly stated on an accompanying letter
with a clear description of the reason for the return and
details of any fault. The original invoice or receipt must
also be sent. Failure to follow this procedure will result in
non-acceptance of the return and therefore no refund or
replacement will be issued.
6.3 Damaged goods must be notified in writing to the
company within three working days of delivery to the
customer. The company may then at its sole discretion, repair
or replace the defective goods or refund the purchase price.
6.4 Goods returned and found to be not faulty or
damaged will be subject to a re-stocking fee of £25:00 except
goods returned under section 6.6 below.
6.5 No claim will be entertained in respect of any
goods which have been tampered with or altered in any way or
have been subjected to any accident or damage howsoever caused
by the client, its employees or agents, or through any use
contrary to the manufacturers instructions. In addition,
claims cannot be entertained for goods which cannot be shown
to have been supplied by the company.
6.6 Accston Computer Group fully comply with the
Consumer Protection (Distance Selling) Regulations 2000 and as
such are happy to receive goods back from clients under the
terms of these regulations. Clients may return goods bought
from us and covered by the regulations provided that they are
received by us in as new, undamaged condition with all parts
returned in undamaged, original packaging. Accston Computer
Group are not able to arrange for collection of such items and
it is the clients’ responsibility to ensure the goods reach us
safely and to pay all return postage and packaging costs
including any necessary insurance. Proof of postage will not
be accepted as proof of delivery and clients are advised to
use a delivery method which provides parcel tracking and
written proof that the items have been delivered safely back
to us. Certain items and all services provided by Accston
Computer Group are exempt from these regulations.
6.7 All services completed by Accston Computer Group
are not warranted and are non-returnable. In addition, they
are exempt from section 6.6 above.
7. CANCELLATION
7.1 Requests for the cancellation of any order, by a
client, must be made in writing to the company at the address
above. Where such a request is granted, except under section
6.6 above, the customer agrees to pay to the company any and
all costs involved. Where an item has already been
dispatched, a re-stocking fee of £25:00 will also be charged.
7.2 Clients wishing to cancel, or move to another
provider / company, any services in use, i.e. webservices,
e-mail accounts etc., may do so giving twenty eight days
notice in writing to the company at the address above. Where
such request is made Accston Computer Group will endeavour to
enable this as soon as is reasonable practicable. The company
reserve the right to charge a cancellation fee of £50:00 per
service cancelled. In the case of transfer to another provider
/ company, a fee of £250:00 per service will be payable before
release of any information regarding such service/s will be
made. Normal service charges will continue to accrue until
such time as these conditions are met and all fees are paid in
full. Any additional transfer fees outside the control of the
company are the sole responsibility of the client.
8. LIABILITY
8.1 The company shall under no circumstances be liable
for any clients’ loss whether direct, indirect or
consequential howsoever caused.
8.2 Goods and services supplied by the company are,
wherever appropriate subjected to an anti-virus test prior to
supply to the client. However no guarantee as to the viral
status of such goods or services shall be made or implied. It
is therefore the clients’ responsibility to ensure that all
goods or services supplied by Accston Computer Group are
screened in accordance with current best practice guidelines
prior to use.
8.3
Through our website you are able to link to other websites
which are not necessarily under the control of Accston
Computer Group. We are not responsible for the nature, content
or availability of these sites. The inclusion of any links to
such sites does not necessarily imply a recommendation or
endorse the views expressed within them.
9. FORCE MAJEURE
9.1 In the event that Accston Computer Group is
prevented from carrying out its obligations under a contract
with a client as a result of any cause beyond its control such
as, but not limited to, acts of God, war, strikes, lock outs,
flood, failure of third parties etc., Accston Computer Group
will be relieved of its obligations under such contract for as
long as such fulfilment is prevented.
10. MISCELLANEOUS
10.1 These terms and conditions do not affect and are in
addition to the clients’ statutory rights.
10.2 If any part of this document is held to be illegal,
invalid or unenforceable, the validity of the remaining
provisions shall not be affected in any way.
10.3 Waiver of any part of these terms and conditions by
the company for a client shall in no way affect the rights of
the company in any way.
10.4 Any notice or demand issued by the company to a
client will be given in writing and delivered to the last
known address of the client by first class mail and shall be
deemed to have been served forty eight hours after posting.
10.5 The Laws of England shall govern any contract
between the company and any client to which these terms and
conditions apply. The parties therein shall submit to the
jurisdiction of the English Courts.
10.6 These terms and conditions are effective as from the
4th August 2009 and replace any and all previous versions of
the same. E&OE.
LAST UPDATED : 13th March
2010
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