Terms of Service

1.Definitions
In these terms and conditions the following words have the meaning given:-
“The Company” Knowall IT Limited, Registered Office: Roberts House, Lower Ground Floor, 103 Hammersmith Road, London. W14 0QH “Customer” means the person, firm or company ordering the equipment, support or network upgrades “Equipment” computer hardware and software.

“Support” the delivery of technical assistance either via telephone, or via remote computer, to issues arising from the equipment installed by Knowall. Support excludes reconfigurations to equipment not specified in the Proposal.

“Network Upgrades” the installation of new or used equipment “Contract” means a contract for the purchase, by the customer, of equipment, support or data connection services under this agreement.

“Proposal” attached written document outlining the equipment, support and/or network upgrade to be delivered under this agreement “Order” signed copy of this agreement with a summary of Equipment, Support and/or Network upgrade to be supplied by the Company.

2.Acceptance of Orders
All contracts of sale made by the Company shall be deemed to incorporate these terms and conditions, which shall prevail over any other document or communication from the party with whom the company is dealing.
All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing by an Officer of the Company.

3.Carriage, Post and Packing
Charges will be made for delivery of new equipment and or loan equipment to and from the customers site. Any delivery costs from suppliers/manufacturers will also be invoiced to the client. Travel expenses will be calculated on completion of installation of equipment, based on the following maximum daily rates: Within M25: £50 per day, South East: £75 per day, South West, East Anglia and the Midlands: £100 per day All other locations: £150 per day. If deemed necessary, overnight accommodation will be charged at a maximum of £100 per person per night. Travel expenses do not apply to support contracts but do apply to Network Upgrades. Receipts and journey details can be provided on request.

4.Payment Terms
Prices are liable to variation, depending on hardware and software vendor price changes, the Company retains the right to vary its prices from time to time.

Payment terms: All new installations to be paid for in 2 instalments – the 1st instalment to include all hardware and software which must be paid in full, in advance, and 50% of the remainder of the purchase order. 1st instalment is due on receipt of order, 2nd instalment is due on completion of installation of equipment. Rental of data connection services and support contracts will be invoiced quarterly in advance and should be settled prior to the commencement of the contract. Further quarterly payments to be paid on invoice. Cerberus will be invoiced annually in advance.

Goods are invoiced at the prices ruling at the time of ordering. VAT and Delivery will be added to all goods or services supplied at the prevailing rate.

5.Network Upgrades
The Company will install and configure all equipment as outlined in the proposal or as subsequently agreed. The Company cannot be held liable for the unforeseen purchase of additional equipment required to complete the network upgrade as outlined in the proposal.

6.Legacy Systems Failure and customer responsibilities
This quote is based on the time and work required to install, configure and test the equipment specified in the proposal. If it is found non-specified equipment is installed on any workstation/server Knowall will ask the customer to remove the software prior to installing any new equipment.

Where client software needs to be installed on client workstations, and for reasons unforeseen cannot be installed, for example: virus activity, corrupt OS or hardware issues. The time taken to correct or repair the workstation, will be billed @ pre-agreed contract rate or Knowall’s standard price list rate.

It is the customer’s responsibility, prior to an engineer’s visit, to specify equipment already owned by the customer that the engineer will be required to configure. Equipment not specified will not be configured, within the terms of this contract.

7.Network Support and Maintenance
Unlimited telephone, e-mail support is available 8.30am to 6pm Monday to Friday, excluding public / bank holidays. Service requests by the customer outside the period and times specified shall be charged at the then current standard service rates for labour, travel and expenses. The customer is guaranteed a 1-hour response to requests, with a target resolution of 4 hours.

Telephone and remote support is supplied at a price defined by the number of users on the companies network, if the amount of users on the companies network increases by more than 5%, the contract price will be adjusted as set out within Knowall’s price list.

Telephone and Remote support is limited to equipment and software supplied and installed by Knowall or software and equipment detailed in the Support Proposal. Telephone and Remote support excludes:

- Home and personal hardware, i.e not owned by the customer.
- Reconfiguring hardware and software for a new purpose or person, that has not previously been set out in the contract. E.g. setup of new user on PC, installation of new software on a PC or server, re-configuring a firewall, printers, etc for a new network.
- Configuration of new hardware and software purchased by The Customer.
- Repair of failed client hardware.

If an engineer is requested to carry out the above tasks, the time will be billed @ pre-agreed contract rate or Knowall’s standard price list rate, monthly in arrears.

Knowall reserves the right to deem equipment unrepairable through telephone & remote support, after a reasonable effort is made to repair the equipment, and may ask for equipment to be shipped to a Knowall’s office for repair or send an on-site engineer, such repairs will be chargeable at Knowall’s standard rates.

Onsite visits will be deducted from the pre-purchased on-site visits set out in the proposal. If the customer does not have any pre-purchased days left within the contract, site visits will be charged at pre-agreed rate or at the Companies standard price list rate . Onsite visits set out in the proposal will be set back to zero at the end of the contact and cannot be carried over in to a subsequent contract. Onsite visits can be used during normal working hours of 8:30am and 6pm Monday to Friday, excluding public/bank holidays. Any on-site visits outside this time will be subject to a separate agreement.

Knowall will support defined IT components as listed in the proposal. Knowall will ensure that all server and PC software is available for the user and the network. Knowall will not however respond to PC Software usage issues.

No insurance cover is provided for removed equipment. The Company shall be held liable for any negligent loss of data from equipment either in transit or whilst under repair.

Support contracts only cover Knowall supplied or pre-defined equipment, as set out in the schedule of equipment. Support does not cover equipment that has been re-configured or tampered with by the customer.

All replacement equipment not under warranty will be charged to the customer at the rate published within the Companies price list.

All reasonable precautions to ensure the health and safety of the Company’s employees whilst on customer premises must be undertaken.

7.1 Knowall’s Response times:
Unless otherwise specified in Support Proposal, standard response and resolution is split in to three categories, Global, Local user and administration. The response times refer to a technician beginning the referral, with the aim to resolve as quickly as possible. Knowall aim to deal with all support issues immediately but the following provide upper limits to the response time.

Type Issue Response Resolution
Priority 1 – Global Issues
Remote Major server issues: no email delivery, server software failure, critical data restore, exchange mailbox access 15 mins 2 hours
Onsite Major server issues: where issue cannot be addressed remotely, for example server failure 2 hours 4 hours
Priority 2 – Local user issues
Remote Individual delivery failure: email software failure, access to exchange functions 1 hours 2 hours
Onsite Individual delivery failure unable to be resolved remotely 4 hours 12 hours
Priority 3 –Administration Issues
Remote Configuration issues: addition of new users, reconfiguration of public folders 8 hours

In the event of equipment failure the company will either ship replacement equipment direct to the customers site or supply a site engineer, which ever is deemed most practical. This service is supplied next business day, but is dependent on the equipment vendor’s ability to supply a next business day replacement. The customer will meet the cost of replacement equipment that is not under warranty. By prior arrangement with the customer, the failed equipment may become the property of Knowall. All delivery costs will be invoiced to the customer.

7.2 Knowall’s Monitoring and Backups:
Knowall will setup monitoring of pre-defined servers and services for The Customer. Knowall will check backups regularly to ensure backups are running. It is the Customer’s responsibility to check the backups on daily basis to highlight problems or errors and report to Knowall.

8. PC Retainer Contracts
For the purposes of PC hardware support the Company will make itself available on a predicted 8hr response time. All support will be charged on an hourly basis of £75/hr (knowall’s working hours) and £100/hr (weekends and evenings). All replacement hardware and technical time will be invoiced directly to the client.

9. Cerberus
When subscribing to Cerberus the number of users specified on the order may vary upwards by 10%, prior to a new contract being required.

10. All .uk domains registered are subject to Nominet’s Terms and Conditions

11. Liabilities
The Company will be liable for any physical loss or damage or any other consequential damages attributable to its negligent act or omission. The Company’s maximum liability under this Agreement shall not exceed seventy-five thousand pounds (£75,000). In no event will the Company be liable for any damages or losses due to the fault or negligence of the customer, or for the failure of any products and services provided by third parties to the customer.

Nothing in this Agreement shall operate or be construed to operate so as to exclude or restrict the liability of the Company for death or personal injury caused to the Customer by reason of the negligence of the Company or of its servants, employees or agents.

12. Force Majeure
Neither party shall be liable for any failure to perform its obligation there under if such failure arises from any Act of God, War, Strike, Lockout, or other Labour Dispute, Riot, Civil Commotion, Fire, Flood, Drought, Legislation or other causes (whether of the foregoing classes or not) beyond the control of the party concerned.

13. Assignment
The Company shall be entitled to transfer or assign all or any of its rights in this agreement and to perform any of its obligations through nominated subcontractors with the prior written consent of the customer, which consent shall not be unreasonably withheld. In the event that the equipment needs to be returned to the original manufacturer the Company shall be entitled to rely on the original manufacturers findings as the remedial action and further rely on the original manufacturer as to time lapse to effect a repair or replacement.

14. Title and Risk
No property or title to the equipment shall pass from the Company to the Customer unless the Customer has made full and complete payment for the equipment and no support entertained if the Customers account is overdue. The customer shall indemnify the Company against any loss or damage to the goods prior to passing of the property therein on or after delivery to the Customer

15. Period of Agreement
All services supplied under this agreement are subject to a minimum 12-month contract period, unless clearly stated. Thereafter, 60 days notice is required to cancel any service described within these terms
This agreement shall be governed and interpreted according to UK Law.