Terms of Business | DMK I.T. Services Oxfordshire

Terms of Business

BUSINESS TO CONSUMER – ONLINE terms and conditions between a business and consumer for the Provision of services

 

These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully as they contain important information.

 

General terms and conditions

 

This site is owned and operated by DMK I.T. Services Ltd of 10, Highworth place, Witney, OX284AA. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at 0843 849 2995.

 

  1. The contract between us

 

We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us.  Only at this point is a legally binding contract created between us.

 

  1. Acknowledgement of your order

 

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

 

  1. Ownership of rights

 

All rights, including copyright, in this website are owned by or licensed to [insert your business name]. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

  1. Accuracy of content

 

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.

 

  1. Damage to your computer

 

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

  1. Availability

 

The services will be provided within an agreed timescale, and time is not of the essence of the contract.

 

 

 

 

  1. Ordering errors

 

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

 

  1. Price

 

The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

 

  1. Payment terms

 

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

 

  1. Cancellation rights

 

10.1      Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period).  You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)

 

10.2      The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.

 

10.3      In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities  (if the contract provides for a specific date or period of performance).

 

10.4      Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

 

10.5      If you require us to begin the services within the Cancellation Period we require you to make an express request to do so.  In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier.  If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly.  Your right to cancel the services will no longer apply once the services have been fully performed.

 

  1. Cancellation by us

 

11.1      We reserve the right not to process your order if:

 

11.1.1   We have insufficient staff or resources to deliver the services you have ordered;

 

11.1.2   We do not provide services to your area; or

 

11.1.3   One or more of the services you ordered was listed at an incorrect price due to a typographical error.

 

11.2      If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

 

  1. If there is a problem with the services

 

12.1      If you have any questions or complaints about the services please contact us.  You can do so at (insert telephone number/address/email address).

 

12.2      We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

 

  1. Liability

 

13.1      We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

 

13.2      Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

 

13.3      Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

  1. Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.

 

  1. Changes to legal notices

 

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

  1. Law, jurisdiction and language

 

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

 

  1. Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

  1. Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

 

  1. Third party rights

 

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

     

     20. SERVICE

A) The provision of a Service, Services, and/or Product following an Order or Contract shall
constitute acceptance of that Order.
B) Any Service or Services or Products must be paid for in full prior to being supplied, or by any
agreed stages or dates to ensure continued provision.
C) Unless stipulated in a specific written quotation or otherwise agreed in writing by the Supplier in
an authorised order form signed by one of its agents or employees the price payable for the
provision of any Service, Services, and/or Product relevant to any Order or Contract will be the
quoted list price of the Supplier at the time of the acceptance of any such Order or the date of
any such Contract with the Customer (in each case exclusive of VAT).
E) The Supplier reserves the right to suspend any or all Services until such time as any payment due
has been made in full. Non-payment of an overdue account may result in the suspension of all
Services indefinitely and loss of related credit facilities.
F) All Services and any Product supplied by the Supplier shall remain the property of the Supplier
until full and final payment has been made to the Supplier.

    21. Other important terms

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

 


 

PRIVACY STATEMENT

 

I/We, (name) are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with.  The purpose of this statement is to set out how we use any personal information that we may obtain from you.

 

Data Protection Act 1998 (‘the Act’)

 

We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.

 

Use and collection of personal information

 

In general you can visit our website without telling us who you are and without revealing any information about yourself.  If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details.  We will store this data and hold it on computer or otherwise.

 

We may use information that you provide:

 

  • To register you with our website and to administer it.
  • For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.

 

If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

 

We may disclose your personal information to third parties:

 

  • In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
  • If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.

 

Cookies

 

We collect information directly from you in a number of ways.  One way is through our use of ‘cookies’.  Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website.  They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site.  Cookies are small text files that are placed on your computer’s hard drive by websites that you visit.  They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you.  This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.

 

Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.

 

Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.

 

The rules about cookies on websites have recently changed.  If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser.  You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer.  You can also delete any cookies that are already stored on your computer’s hard drive.  However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work.  This is because some of the cookies we use are essential for parts of our website to operate.  Likewise, you may not be able to use some products and services on other websites without cookies.

 

To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

 

If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site.  Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post.  Our phone number is (details), or you can e-mail us on (details).

 

Security

 

We endeavour to take all reasonable steps to protect your personal information.  However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

 

Your rights

 

You have the right to ask us not to process your personal data for marketing purposes.  We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose.  You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.

 

General

 

You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10.  Any request should be sent to:

 

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DMK I.T. Services

 

CONFIDENTIALITY & PERSONAL DATA

A) We will at all times keep confidential all information acquired as a consequence of the
Agreement in respect of You or Your business, except for information already in the public
domain or information which We are required to disclose by law, requested by any Regulator
or reasonably required by Our professional advisors for the performance of their professional
services.
B) You will at all times keep confidential all information acquired as a consequence of the
Agreement in respect of Us, the Service or any Network Operator, except for information
already in the public domain or information which You are required to disclose by law,
requested by any Regulator or reasonably required by Your professional advisors for the
performance of their professional services.
C) Each of Us will comply with all applicable requirements of the General Data Protection
Regulations (the GDPR). This clause 6 is in addition to, and does not relieve, remove or replace,
a party’s obligations under the GDPR.
D) The parties acknowledge that for the purposes of the GDPR, We are the Data Processor and the
You are the Data Controller.
E) Without prejudice to the generality of clause 6D, You will ensure that You have all necessary
appropriate consents and notices in place to enable lawful transfer of all End-User Data,
including the mobile telephone numbers of Your end-user who will be sent messages or voice
calls (as applicable) as a consequence of making the Service available to You (End-User
Data).
F) To the extent that We act as a data processor on behalf of You, We shall, in relation to any End
User Data processed in connection with the providing the Service:
i) process that End-User Data only for the Purpose and on your instructions unless We are
required by the laws of any member of the European Union or by the laws of the European
Union applicable to Us to otherwise process End-User Data. Where We are relying on laws of a
member of the European Union or European Union Law (Applicable Law) as the basis for
processing End-User Data, We shall promptly notify the You of this before performing the
processing required by the Applicable Laws unless those Applicable Laws prohibit such notice;
ii) ensure that We have in place appropriate technical and organisational measures to protect
against unauthorised or unlawful processing of End-User Data and against accidental loss or
destruction of, or damage to, End-User Data, appropriate to the harm that might result from
the unauthorised or unlawful processing or accidental loss, destruction or damage and the
nature of the data to be protected, having regard to the state of technological development;
iii) take all reasonable steps to ensure that all personnel who have access to and/or process
End-User Data are legally obliged to keep the End-User Data. confidential; and
iv) not transfer any End-User Data outside of the European Economic Area unless such a
transfer is on Your instruction and solely for the Purpose
v) assist you in responding to any reasonable request from a data subject (as defined in the
GDPR) and in ensuring compliance with its obligations under the GDPR with respect to security,
breach notifications, impact assessments and consultations with supervisory authorities or
regulators;
vi) notify You without undue delay (and in any event within 24 hours) on becoming aware of a
breach involving your End-User Data;
vii) at Your written direction, delete or return End-User Data and copies thereof to you on
termination of the agreement unless required by law to store the End-User Data; and
viiii) maintain records and information to demonstrate its compliance with this clause 6
G) You consent to Us appointing the below categories of third party processors for the purpose of
providing the Services
i) Network Operators for the sole purpose of terminating the communication to the end user
handset.
ii) Data Centre Operators for the purpose of storing the End-User Data and hosting the service.
H) We confirm that we have entered or (as the case may be) will enter with the third-party
processor a written agreement incorporating terms which are substantially similar to those set
out in this agreement. We shall remain liable for the acts or omissions of any third-party
processor, or those employed or appointed by the third party processor, appointed by Us
pursuant to clauses 6G i) and ii).

 

GENERAL

A) No terms, conditions, reservations or variations whether stipulated by the Customer or arising in
the course of dealing shall annul, vary or add to any of these conditions unless expressly
agreed to in writing by the Supplier.
B) This Agreement and these Terms represent the entire agreement and understanding between
the Customer and the Supplier with regard to the supply of the Service and/or Services or of
any Product to the Customer by the Supplier, to the exclusion of all prior agreements,
arrangements and understandings.
C) The Customer acknowledges and agrees that:
i) any other term which might be implied or incorporated into the Agreement, by statute, at
common law or otherwise, is excluded, to the fullest extent permitted by law;
ii) the Supplier shall not be in breach of this agreement, nor liable for any failure or delay in
performance of any obligations under this agreement arising from or attributable to acts,
events, omissions or accidents beyond its reasonable control;
iii) time shall not be of the essence in respect of any of the Supplier’s obligations under this
agreement;
iv) in entering into the Agreement the Customer has not relied upon any oral or written
representation, statement or understanding (whether negligently or innocently made) by
any of the Supplier’s employees, agents, sub-contractors or representatives other than as
expressly set out in the Agreement;
v) the Customer will have no remedy in respect of any untrue representation innocently or
negligently made by the Supplier or any of its employees, agents, sub-contractors or
representatives prior to entering into the Agreement upon which the Customer may claim
to have relied in entering into the Agreement whether such representation was made orally
or in writing;
vi) the only remedy available to the Customer for a breach by the Supplier of these Agreement
shall be for breach of contract under the terms of the Agreement or for fraudulent
misrepresentation.
D) The Agreement shall be governed by and construed in accordance with the laws of England
and Wales and the Customer agrees to submit to the exclusive jurisdiction of the Courts of
England and Wales.
E) In the event that this Agreement is translated into any other language, the English language
version shall prevail.
F) If any provision, clause or sub-clause of the Agreement or the application of it to any person
shall, for any reason, be held or adjudged by any competent authority to be void, voidable,
illegal, invalid or otherwise unenforceable, but would be valid and/or enforceable if any part of
such provision, clause or sub-clause were deleted or modified, then that provision, clause or
sub-clause shall apply with such deletion or modification as may be necessary to make it valid
and/or enforceable and such judgement shall not affect the remainder of the Agreement
which shall continue in full force and effect.
G) In the event of any inconsistency between the Standard and Specific Terms then the Standard
Terms shall prevail
H) References to:
i) the singular include the plural and vice versa;
ii) one gender includes all other genders and vice versa.
I) A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of the Agreement, but this does not affect any right or
remedy of any third party which exists or is available apart from that Act.
J) Neither the Customer nor the Supplier may commence any court proceedings or arbitration in
relation to any dispute arising out of any alleged breach of this Agreement until whichever
party alleges a breach has occurred has attempted to settle the dispute by mediation and
either the mediation has terminated or the other party has failed to participate in the
mediation, provided that the right to issue proceedings is not prejudiced by any delay in this
respect or (if the Supplier has the right to issue) the only alleged breach involves the nonpayment
of monies properly owing to the Supplier but not paid by the Customer.
9. NOTICES
A) The Customer agrees to keep the contact details which the Customer has provided to the
Supplier up to date. Any notice or other information to be served by the Supplier on the
Customer in accordance with this agreement will be validly served if in writing and sent either
by first class post or email to the Customer’s last known postal or email address.
B) Any notice sent by first class post will be deemed served two days after posting. Any notice
sent by email will be deemed served on the day that it is sent if evidenced by a valid delivery
receipt.
C) Any notice to be served on the Supplier must be in writing and sent either by pre-paid first class
post to our registered office or to such other address as may be specified by us to the
Customer for this purpose from time to time. Any notice sent in accordance with this sub-clause
will only be deemed served if and when the Customer has received a written
acknowledgement from the Supplier

 

 NOTICES
A) The Customer agrees to keep the contact details which the Customer has provided to the
Supplier up to date. Any notice or other information to be served by the Supplier on the
Customer in accordance with this agreement will be validly served if in writing and sent either
by first class post or email to the Customer’s last known postal or email address.
B) Any notice sent by first class post will be deemed served two days after posting. Any notice
sent by email will be deemed served on the day that it is sent if evidenced by a valid delivery
receipt.
C) Any notice to be served on the Supplier must be in writing and sent either by pre-paid first class
post to our registered office or to such other address as may be specified by us to the
Customer for this purpose from time to time. Any notice sent in accordance with this sub-clause
will only be deemed served if and when the Customer has received a written
acknowledgement from the Supplier.

CUSTOMER SERVICE LEVEL COMMITMENT

A) The Supplier is committed to providing a timely and effective level of service with responses
proportional to the severity of the problem reported by the Customer.
B) The Supplier’s telephone helpline will be manned as a minimum during Office Hours which are
currently 9.00 am to 5.30 pm Monday to Friday. Outside these hours, during weekends and
Bank Holidays there will often be a response but we do not guarantee this.
C) Online chat is available most evenings and weekends; messages can be left using this means
which will be dealt with by email if no one is available to respond to a chat request.
D) The main support email inbox, helpdesk@fastsms.co.uk is regularly monitored at all times.
E) During Office Hours we aim to respond to all service requests within one hour. Outside these
hours we aim to respond within four hours but this can be longer overnight and at weekends.
F) In most cases responses will be much faster than stated above and will result in an immediate
resolution of the Customer’s request. At times however resolution will take longer, due to
extended investigation, or unavailability of specialist staff out of working hours. In such cases a
work-around will be sought and the Customer kept up to date with progress.
G) If the Customer is dissatisfied with our service he/she should contact our Customer Services
Manager informally to seek a remedy. If the Customer wishes to make a formal complaint then
our Complaints Policy should be referred to. The Director, DMK I.T. Services Ltd 10 highworth place,witney,oxfordshire,OX28 4AA

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