Professional Services Terms & Conditions
1.'e92plus' means e92plus Limited, its legal successors and permitted assignees.
2.'Customer' means the company who instructs e92plus to undertake the installation/consultancy services.
b) Provisional Bookings
1. Provisional bookings will be held for a period of three working days after which they will be released for reassignment. In order to confirm a booking a signed purchase order for the appropriate number of days must be received within three working days of the provisional booking being made.
c) Provision of Information
1.Customer must ensure that e92plus is provided with all necessary information prior to the installation/consultancy taking place. This must be provided by completing a pre-installation questionnaire, where necessary, that will be supplied to the customer once the installation/consultancy is confirmed. This questionnaire must be completed and returned to e92plus no sooner than five working days before the scheduled start of the installation/consultancy. Should e92plus not receive the questionnaire within this time-scale the installation/consultancy shall be cancelled subject to section g.
2.e92plus will review the pre-installation questionnaire and determine whether the installation/consultancy is viable from the information given on the questionnaire. If it is decided that the installation/consultancy cannot continue due to technical issues which cannot be resolved prior to the scheduled installation/consultancy date, the installation/consultancy will be cancelled and subject to section g.
d) Services Provided
1. e92plus will provide an installation and configuration service for the specified products on the dates agreed between e92plus and customer. The installation and configuration will be performed as requested in the pre-installation questionnaire. An installation report will be completed after the installation and delivered to the Customer.
e) Failure to Complete the Installation/consultancy
1.Where the agreed installation/consultancy cannot be completed due to issues beyond e92plus' control the installation/consultancy will be charged at the quoted rate. Any further time required to complete the installation/consultancy will be scheduled and charged according to e92plus' standard procedures. e92plus will inform the customer as soon as possible that the installation/consultancy cannot continue and the customer will have the option to cancel the remaining time allocated to the installation/consultancy or provide other tasks for e92plus to perform with the same Customer at the same location. In either case the remaining days will be charged at the agreed rate.
f) Cancellation or Postponement by e92plus
1.e92plus will only cancel or postpone an installation/consultancy under exceptional circumstances and will endeavour to give the Customer as much notice as possible. e92plus' sole liability for cancellation or postponement will be to reschedule the installation/consultancy as near to the original installation/consultancy dates as possible.
g) Postponement by Customer
1.e92plus will endeavour to reassign any reserved days to other tasks; if this can be done there will be no charge or postponed dates. Where this cannot be done the following charges shall apply:
Within 10 working days of first day of scheduled installation/consultancy: 100% Greater than 10 working days of first day of scheduled installation/consultancy: No charge
2.Postponement must be notified by the customer in writing, by fax or by E-mail to e92plus as soon as possible.
h) Cancellation by Customer
1. The following cancellation charges will apply if the customer cancels any order or part-order for installation/consultancy.
Working days from date of Order Cancellation Charge
1. Customer accepts to guarantee that e92plus personnel will have the appropriate access to systems and personnel to complete the installation/consultancy. Customer also agrees to inform e92plus prior to the installation/consultancy if any form of agreement including but not limited to a non-disclosure agreement is required to be signed prior to such access being granted. e92plus personnel are not authorised to sign such an agreement and will refer the request to e92plus management. Customer also accepts to guarantee that the Customer will provide a safe environment to work in as defined by the Health and Safety At Work Act.
j) Task Acceptance
1. Following the installation/consultancy to the satisfaction of the Customer, the Customer will be required to sign a Task Acceptance Form which indicates their acceptance of the installation/consultancy. On receipt of this form e92plus will invoice Customer for the number of days completed as shown on the Task Acceptance Form.
1.The Customer/Customer's client undertakes that it shall not for a period of one year following the completion of the installation/consultancy employ or otherwise contract for the services of any person who was employed or engaged by e92plus in connection with the performance of the installation/consultancy.
2.If the customer/customer's client is in breach of the preceding term, it will pay e92plus by way of liquidated damages such sums as represents five times the annual sum most recently payable by e92plus in respect of such person's services, which sum the parties agree to be a reasonable pre-estimate of the loss likely to be suffered by e92plus as a result of such a breach.
l) Special Offers
Any conditions relating to specific Special Offers will be provided as part of any quote or agreement.
m) Limitation of Liability
1. e92plus shall not be liable to the Customer or to anyone else for any loss or damage whatsoever or howsoever caused (and whether or not caused by negligence) arising directly or indirectly in connection with this installation/consultancy, except to the extent that it is not lawful to exclude such liability.
2.e92plus shall not be liable to the Customer for any loss or damage whatsoever or howsoever caused arising from any misrepresentation, whether innocent or negligent, except to the extent that such liability may not be lawfully excluded.
3.Notwithstanding the generality of the above, e92plus expressly excludes liability for consequential loss or damage, including but not limited to loss or damage to data or to other equipment or property, (whether or not the same may be in e92plus's care, custody or control) or for loss of profit, business, revenue, goodwill or anticipated savings.
4.In the event that any exclusion of liability contained in this Agreement shall be held to be invalid for any reason and that e92plus become liable for loss or damage that is capable of being limited in law, such liability shall be limited to the total of sums actually paid by the Customer to e92plus in respect of the installation/consultancy.
1.The headings in these terms and conditions are for ease of reference only and shall not affect its interpretation or construction.
2.In the event of any of these terms and conditions or any part of them being judged illegal or unenforceable for any reason, the continuation is full force and effect of the remainder of them shall not be prejudiced.
3.Consultancy Fees exclude travel and hotel expenditure which will be invoiced in addition.
4.Neither party shall be liable to the other for any delay or failure to perform its obligations hereunder (other than a payment of money) where such delay or failure results from force majeure, act of God, fire, explosion, accident, industrial dispute or any other cause beyond its reasonable control.
5.These conditions are in addition to e92plus's terms and conditions of supply
These terms and conditions shall be governed by and construed in accordance with English law