Terms & Conditions
All orders and services are subject to these terms and conditions.
1. Application of Terms and Conditions
1.1 The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with any quotation or similar specification document which shall be subject to these Terms and Conditions.
1.2 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or any such order is made by the Customer.
1.3 This document tells you the terms and conditions on which we supply our services described on our website www.barttech.co.uk to you. Our primary services are:
- IT Support and Consultancy
- Hardware and Software Supply & Installation
- Broadband
- Landlines and Voice Over IP Services
- Co-Location Services
- Domain Registration and Web Hosting
- Hosted Email Services
- Online Backup Services
- Managed IT Security
- Hosted Desktops and Servers
- Disaster Recovery Services
- Marketing Services
- Publishing Services
- Business Consultancy Services
2. Definitions and Interpretation
“Business Day” means any day other than a Saturday, Sunday or bank holiday.
“Supplier” means Barton Technology Limited, a company registered in England under company number 3930086 of Suite 652, 124 City Road, London, EC1V 2NX, and includes all employees and agents of Barton Technology Limited.
“Customer” means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier.
“Goods” means the goods which the Supplier is to supply in accordance with these Terms and Conditions.
“Services” means the services to be provided to the Customer as set out in any quotation or similar specification document.
3. Basis of Sale and Service
3.1 The Supplier’s employees or agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by the Supplier in writing.
3.2 No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.
3.5 By placing an order, the Customer warrants that, if they are an individual, they are at least 18 years of age.
3.6 The Supplier only provides credit accounts to businesses and not to individuals or consumers.
3.8 All services are deemed separate, so cancelling one service does not automatically cancel any other or affect them in any way.
4. The Goods
4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative.
4.5 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs, damages, charges and expenses incurred as a result of such cancellation.
5. The Services
5.3 The Supplier will use reasonable care and skill to perform the Services identified in the quotation or similar specification document.
5.5 All monthly invoiced services including but not limited to Support Agreements, Online Backup, Broadband, Server Monitoring, Web Hosting, Email Services, Co-Location, Telephone Lines, Voice Over IP, Disaster Recovery and Regular Monthly Onsite Visits shall be binding for the minimum number of months stated on the Contract.
5.6 If no minimum term is stated on the Contract then a minimum term of 12 months will be applicable.
5.7 The term will automatically renew for the same term as the original Contract period at the Contract’s expiry date. Notice of termination must be provided giving not less than three (3) full calendar months notice in writing before the Contract expiry date.
5.11 We operate a Fair Use Policy. Fair use is defined as monthly service fee divided by number of tickets equalling no less than £30 plus VAT per ticket.
5.15 The Supplier takes no responsibility for the customer’s data in any way. It is strongly advised that every customer maintains at least a full daily backup of both system files and data.
5.17 A cancellation fee of 20% of the order price will be charged for all booked jobs cancelled with less than 2 normal working days’ notice.
6. Price
6.2 Where the Supplier has quoted a price, the price quoted shall be valid for 14 days only or such lesser time as the Supplier may specify.
6.5 The price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature, which the Customer shall be additionally liable to pay to the Supplier.
6.7 All Goods and Services that total more than £2,000.00 sterling will be subject to a 40% deposit which must be received prior to any Goods or Services being supplied.
6.10 The Supplier reserves the right to increase service contract prices by 5% or the current rate of inflation (whichever the greater) twice per any 12-month period.
7. Payment
7.2 The Customer shall pay the price of the Goods within 10 Business Days of the date of the Supplier’s invoice.
7.5 Time is of the essence for payment of the price of the Goods and/or Services supplied or to be supplied.
7.8 Should a direct debit or credit/debit card payment fail due to lack of funds, cancelled direct debit or expired credit/debit card (without notifying us 14 days beforehand) an administration fee of £25.00 plus VAT will be applicable.
8. Delivery and Performance
8.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing.
14. Liability
14.1 The Supplier will not be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the supply of the Goods and Services.
14.6 Nothing in these Terms and Conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence, or for fraud or fraudulent misrepresentation.
14.7 The Supplier’s total liability arising in connection with the performance of the Contract shall be limited to the Contract Price.
17. Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action.
21. Law and Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute shall fall within the jurisdiction of the courts of England and Wales.
22. Acceptance
By placing an order for Goods and/or Services the Customer is deemed to have accepted these terms and conditions in their entirety.
23. Retention of Employees
If you wish to engage any of our employees on a permanent basis at any time whilst an active customer and for 12 months after the last interaction as a customer, an introduction fee will be payable. The introduction fee shall be calculated as 35% of the employee’s annualised remuneration package. Fees are payable within 7 days of the commencement of the employee’s engagement.
24. Right to amend these Terms and Conditions
The Supplier reserves the right to revise these terms and conditions from time to time to reflect changes in market conditions, technology, payment methods, relevant laws and regulatory requirements, or system capabilities.
For questions about these terms, contact us at hello@barttech.co.uk or write to Barton Technology Ltd, Suite 652, 124 City Road, London, EC1V 2NX.
