Terms and Conditions of Trade

1. Preliminary
a. All and any business undertaken, including any advise, or information given, or service provided whether gratuitously or not by ASPAN Solutions Ltd of 44 Nash Drive, Broomfield, Chelmsford, Essex, CM1 7BG, hereinafter called ‘the Company’ is transacted subject to the conditions hereinafter set out and each Condition shall be deemed to be incorporated in and be a Condition of any agreement between the Company and its customers.
b. In these Terms and Conditions of Trading (hereinafter called ‘the Conditions’) the ‘Company’ means and (unless the context precludes the same), includes the Company’s servants, agents, and any person or persons supplying services or goods under any contract with the Company. ‘Customer’ means any person or persons who contracts for the goods or services of the Company and includes the Customer’s servants or agents.
c. Where the Conditions laid out by the Company’s Customers conflict with the Conditions of the Company it will be deemed that the Company’s Conditions are final.
d. No agent of or persons employed by or under contract with the Company has any authority to alter or vary in any way these Conditions unless previously expressly authorised to do so by the Company in writing.
e. If any legislation is compulsorily applicable to any business undertaken, these Conditions, shall as regards to such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the Company of any of its rights, or immunities, or as an increase of any of its responsibilities or liabilities under such legislation and if part of these Conditions be repugnant to such legislation to any extent such part shall as regards to such business be void to that extent but no further.
f. In no case whatsoever shall any liability of the Company however arising and not withstanding any lack of explanation exceed the value of the relevant goods or £1000 which ever is less.
g. These conditions may only be varied with the express written agreement of the company.
h. All agreements between the Company and its Customers shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.

2. Terms of Payment
a. All sums shown to be due to the Company on its invoices sent to the Customer shall be paid to the Company immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counterclaim, or set-off.
b. Where the invoice is not paid partially or in full the customer will be charged at 5% above the National Westminster Bank Plc lending base rate for late payment.
c. All payments made to the company which are rejected by the companies bank will be fined a sum of 5% of the value of the payment or £25.00 which ever is greater.
d. All invoices issued by the Company are due to be paid at the point of delivery or the date of invoice unless otherwise stated in writing.

3. Warranty, Returns and Refunds
a. The company will not accept return of any products or services unless the goods or services are faulty.
b. Where the products or services do not match the requirements of the customer, the products or services may not be returned unless the company has charged for the consultation or advice and guaranteed as such in writing.
c. Website and Application Hosting is provided with a minimum term of 12 months.  Renewal of hosting agreements will need to be made at the end of the 12 month period.  All agreement renewals are for a minimum term of 12 months.  Cancellation of agreements must be placed in writing.
d. The Company will not be held responsible for any damage to property, person or persons using any product or service of the Company, which was caused by misuse or in contradiction with the guidelines laid out by the Company for the use of the products or services supplied.
e. All Contracts will become void or terminated, without reduction in charges, if any person or persons not employed by or contracted by the Company carries out work on the Products or Services supplied by the Company, without prior agreement in writing by the Company.
f. All work carried out under contract which is deemed by the Company to be due to the Customer’s misuse of any of the Company’s products or services will be charged for in the normal manor, in addition to any charges made prior to the occurrence.
g. Any customer found guilty of breaking company policy, UK or EU laws will have their account suspended pending  further investigation.  The customer will be given 30 days in which to provide evidence against the suspension.  Where the company finds that a customer is guilty of breaking company policies, UK or EU law the account will be closed without refund.  The company will pass on any evidence to the police or governing authority concerning breaches of law.

Anti-Spam Policy

The customer is required to refrain from activity considered as offensive to others.  Any act of intolerance or any usage of the e-mail system which is defined as 'SPAM', will cause the service to be suspended following further investigation.  Any customer found to be purposefully carrying out such acts will be banned from using our services with no refund or compensation.

Definition of 'SPAM'

  1. E-mail which has not been explicitly requested by the recipient

  2. is not specifically directed to the person (or rôle) behind the address, but to a 'target' (i.e. the sender cannot provide a valid reason, acceptable to an independent party, as to why that email was sent to that particular person)

  3. (as a consequence of 2) may be sent in bulk, i.e. to more than one recipient.

Email Monitoring Policy
Under the Investigatory Powers Act 2000 and Lawful Business Practice Regulations 2000 we reserve the right to monitor email accounts without consent.  The reasons for such monitoring are as follows:

  • to prevent or detect crime;

  • to investigate or detect the unauthorised use of the telecoms system;

  • to ensure effective operation of the system;

  • national security;

Anti-Piracy Statement

At ASPAN Solutions Ltd we are dedicated to combating software piracy. Any instances of suspected software piracy located by one of our engineers would result in the users and/or owners being informed. Our engineers have the right to inspect proof of legal conformity including inspection of disks, manuals, certificates of authenticity, and any other related documentation. If this information is withheld then it will be assumed that the information does not exist. If conformity to the law is not made within a reasonable time period then the appropriate action will taken. Such action includes informing the software publisher concerned, who will then decide if legal action is to be taken. The penalties for the use or sale of illegal software include heavy fines and even imprisonment. Those targeted for legal action by Microsoft and other leading software publishers for piracy have included home users, charities, small business, medium sized businesses, large businesses, resellers, and wholesalers. For organisations with five or more computers please contact us concerning the Microsoft Open License program to help reduce the cost of staying legal.

Updated September 2004


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