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BELL ICT LIMITED Maintenance Agreement Document (Standard Terms and Conditions)
1.Definitions
1.1 The "system" means the hardware; software, services and documentation supplied by BELL ICT LIMITED.
1.2 The “Customer” means “Customer Trading Name”
2. TERM
2.1 This service agreement shall be effective on invoice of the Computer Services Contract.
2.2 The initial term of this agreement will start from the commencement date for a period of twelve (12) months.
2.3 Unless either party gives written notice at least sixty (60) days prior to the end of the term, this Service Agreement shall be renewed automatically pending for an additional twelve (12) month period at the BELL ICT LIMITED charges in effect for similar service on the date of renewal.
3. ELIGIBILITY FOR SERVICE AGREEMENT
3.1 The system must be unmodified, properly maintained and operated according to BELL ICT LIMITED recommendations.
3.2 The system must include the minimum appropriate hardware and software supplied by BELL ICT LIMITED.
4. SERVICE RESPONSIBILITIES OF BELL ICT LIMITED
BELL ICT LIMITED, or its designated representative, will provide the following services to the system:
4.1 Telephone support for assistance with technical questions related to the system.
4.2 Upon notification by the Customer BELL ICT LIMITED will arrange to inspect the system and carry out such repairs and modifications as it deems necessary to restore the equipment to working order.
5. SERVICE RESPONSIBILITIES OF THE CUSTOMER
As a condition to receiving service under this service agreement:
5.1 The Customer will maintain the system according to BELL ICT LIMITED recommendations.
5.2 The Customer agrees to maintain a current backup copy of their data to prevent inadvertent data loss during service.
5.3 The Customer will provide written descriptions of problems at BELL ICT LIMITED's request.
5.4 The Customer agrees to indemnify BELL ICT LIMITED and hold BELL ICT LIMITED fully and effectively indemnified against any liability in respect of any loss of or damage to any property of or injury to or death of any person caused by any negligence or wilful act or omission of Customer, its employees, agents, sub-contractors or suppliers.
5.5 The Customer shall notify BELL ICT LIMITED in writing of any changes of address and if the address is outside the United Kingdom, this agreement shall be terminated.
5.6 This service agreement is personal to the Customer and is not transferable without the written consent of BELL ICT LIMITED.
5.7 From time to time, the customer may be advised to service, upgrade, or renew equipment in order that BELL ICT LIMITED will renew the service agreement.
6. SERVICE LIMITATIONS
6.1 BELL ICT LIMITED shall not be liable for:
a) Any hardware problems to the computer systems at “The Client”
b) Any loss or damage of the system caused by fire, sprinkler system, lightning, burglary, or accidental damage caused by external means.
c) The renewal or recharging of batteries or by damage resulting from leaking batteries.
d) Any defect in the electrical installation external to the system.
e) Outside interference and/or defective transmission or other causes over, which BELL ICT LIMITED has no control.
f) Loss or damage by elements other than reasonable wear and tear or any consequential damage caused by the failure of the system.
g) Any damage or loss of use during the period in which repairs to or replacement of parts of the system are being carried out.
h) The repair of defects caused by failure to comply with the manufacturer's instructions on use.
i) The repair of defects caused by the use of accessories not approved by BELL ICT LIMITED or by connection to an incorrect voltage supply.
6.2 BELL ICT LIMITED shall be under no obligation with regard to faults caused by software or hardware not supplied by BELL ICT LIMITED, or by equipment which is not covered by a Service Agreement. Such faults will be charged for at the BELL ICT LIMITED standard rates as amended from time to time.
6.3 If the Customer fails or neglects to pay the payment when the same shall have become due, BELL ICT LIMITED will thereupon cease to be liable to affect any repairs under this Service Agreement, whether such repairs become necessary before or after such failure or neglect.
6.4 Where faults are reported and attended to and subsequently prove to have been caused by devices external to the system covered by this Service Agreement or by software which has not been supplied by BELL ICT LIMITED, then the matter will be charged at the BELL ICT LIMITED standard rates as amended from time to time.
7. CHARGES
7.1 Payment of annual maintenance charges by the Customer to BELL ICT LIMITED are due in advance on a monthly basis to be paid by standing order.
7.2 After the initial term and upon sixty (60) days prior written notice to the Customer, BELL ICT LIMITED may adjust the service charges.
7.3 Charges are exclusive of, and the Customer is responsible for paying, all local taxes including VAT. Such taxes will be added as separate items on the invoice.
7.4 Interest will be charged on all invoices unpaid by the due date at the rate of 4% above Barclays Bank PLC base rate from time to time with a minimum rate of 10% per annum.
7.5 BELL ICT LIMITED reserves the right to vary the terms and alter its charges by a maximum ten percent per annum under this Contract to take effect at the next renewal date.
8. FORCE MAJEURE
BELL ICT LIMITED or its designated representatives shall not be liable to the Customer for any delay or failure by BELL ICT LIMITED to perform its obligations under this Service Agreement or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control of BELL ICT LIMITED, including, but not Limited to labour disputes, strikes, other labour or industrial disturbances, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty of war, acts of the public enemy, riots, insurrections, embargoes, blockages, actions, restrictions, regulations or orders of any government, agency or subdivision thereof.
