Terms & Conditions
Keen IT Solutions Limited Terms & Conditions
All customers agree to be bound by terms and conditions of service set out below.
1. Definitions & Interpretation
1.1 This document sets out the terms on which Keen IT Solutions Limited (registered company number 5582621) will provide Products and/or Services to you
1.2 In these terms and conditions the following words shall have the following meanings unless inconsistent with the context:
"Contract” means any contract between us and you for the sale of the Products and supply of the Services formed in accordance with condition 2
"Products” such products to be sold by us to you as may be agreed from time to time by us and you
"Services” means any configuration or installation services provided by us to you
"we/us/our” Keen IT Solutions Limited
“Customer” and "you/your” being the person(s) whose order for the Products and Services is accepted by us
1.3 You may have other rights granted to you by law in addition to those set out in these terms and conditions, which we may not exclude. These terms and conditions do not affect those other rights granted by law.
2. Contract Formation
2.1 All orders submitted by the Customer to Keen IT Solutions Limited and accepted by Keen IT Solutions Limited shall be subject to these following terms and conditions which shall form part of and govern any Contract. Subject to any variation under condition 2.3, the contract shall be on these conditions to the exclusion of all other terms and conditions.
2.2 No terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
2.3 These conditions apply to all Keen IT Solutions Limited ’s supply of goods and/or provision of service and any variation to these conditions and any representations about the goods and/or provision service shall have no effect unless expressly agreed in writing and signed by director of Keen IT Solutions Limited . You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of the company that is not set out in the contract.
2.4 Acceptance by the Customer of any estimate or quotation for Products and/or Services issued by Keen IT Solutions Limited shall be deemed to be acceptance of these terms and conditions.
2.5 Following completion of the relevant Services or delivery of the relevant Products, you will be asked to sign a Keen IT Solutions Limited service ‘job sheet’ to confirm details of the service. By signing the job sheet, you acknowledge that the relevant Products or Services have been supplied to your satisfaction and agreed price. It is your responsibility to ensure that the information specified on the job sheet is accurate.
2.6 The company website, leaflets, marketing material or correspondence are not binding and reasonable variations may be made without notice to the services, the provision of services and/or the supply of goods so varied shall be accepted as complying with the contract.
2.7 No order placed by you shall be deemed to be accepted by Keen IT Solutions Limited until a written acknowledgement of order is issued by Keen IT Solutions Limited or (if earlier) the company delivers the goods or performs the service to you.
3. Terms of Payment
3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer's enquiry.
3.2 We may vary any prices or rates, and/or charge to you any taxes or duties imposed in relation to the Products or Services, at any time by giving you notice of the resulting price changes. You can contact us and request details of our prices or any price change at any time.
3.3 You confirm that any quotes or estimates provided by us over the phone or on site prior to the provision of Products or Services are non-binding estimates only and that the final price payable by you may vary from such quotes or estimates.
3.4 If the correct information required to be supplied by you is not available upon arrival of the Keen IT Solutions Limited engineer resulting in an aborted visit a fee of one hours labour will be charged for the aborted visit and the service will need to be rescheduled at full cost.
3.5 If there are any unknown issues found once onsite and the service booked cannot be completed as specified, the booked service will be charged and a troubleshooting service will need to be booked at standard troubleshooting rates to solve the issues found.
3.6 You agree to pay for any loss or extra cost incurred by the company through your instructions or lack of instructions or through your failure or delay in taking delivery or through any act or default on your part.
3.7 Unless otherwise agreed by the company in writing, the price for the provision of services and/or supply of goods shall be chargeable by the company on the date of provision and or supply of the same.
3.8 Business Customer charges and payments. For onsite support, business customers are charged by Keen IT Solutions Limited in hourly increments at £60 per hour during the office hours of 9am – 6pm Monday – Friday (not including bank holidays or weekends). Out of hours onsite attendance is charged in hourly increments at £90 per hour. Emergency onsite support (attendance within 2 hours of logged communication) is charged in hourly increments at £120 per hour. All business Customers will be charged VAT in addition to the standard hourly rate. Payment for Products must be received by Keen IT Solutions Limited at the time of order. Payment for Services must be received by Keen IT Solutions Limited upon completion of the Service. 30 day payment terms are available upon request, subject to status. Payments can be made by cash, cheque, BACS, debit or credit card (please note that credit card payments carry a 2.5% surcharge). Keen IT Solutions Limited reserves the right to add appropriate interest charges to late payments.
3.9 Business Customers in receipt of onsite Services will be subject to engineer travel costs charges at 45p per mile + VAT.
3.10 Domestic Customer charges. Home users are charged by Keen IT Solutions Limited in hourly increments. Onsite attendance by an engineer will be charged at £50 per hour, or part of. Workshop support will be charged at £48 for the first hour and £38 per hour, or part of, thereafter. All domestic Customers will be charged VAT in addition to the standard hourly rate. Keen IT Solutions Limited will collect payment upon completion of work by cash, cheque, BACS, debit or credit card (please note that credit card payments carry a 2.5% surcharge).
3.11 Failure to make payment by the due date entitles Keen IT Solutions Limited to retain any hardware, for which we are awaiting payment, until such time as due payment is received.
4. Risk/Ownership
4.1 Risk of damage to or loss of the supplied Products will pass to you upon completion of service.
Ownership of the Products will not pass to you until we have received in full (as cleared funds) all sums due to us in respect of the Products and delivery has occurred.
5. Delivery
5.1 We will always aim to deliver the Products and perform the Services within the time indicated in our acknowledgement of order, however delivery or Service time or date is subject to change.
5.2 We shall deliver the Products to such address or addresses as notified by you in the job sheet. A delivery note signed by you shall be satisfactory proof that delivery has taken place.
6. Guarantee of Products/Services
6.1 Keen IT Solutions Limited engineers are trained to help, and we guarantee to supply an appropriately trained engineer to your premises. We do not guarantee that we can fix every problem as inevitably some problems cannot be fixed without required action or recommendations being carried out by you. In cases where you are unwilling to take the action required and in circumstances where other unforeseen issues arise you are liable to pay in full the charges that are incurred for goods and/or services provided by us.
6.2 When a Keen IT Solutions Limited engineer provides support, there can be no guarantee that the issue will not occur again or that a similar issue may occur with same manifestations as the issue already addressed.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us.
6.3 Our liability to you shall not in any circumstances include any personal or business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
6.4 Any advice or recommendations given to you by us or our employees or agents as to storage, application, use or preference of the Products and Services which is not confirmed in writing by us, is followed or acted upon entirely at your own risk.
6.5 You agree that we shall not be responsible for the cost of any repairs or any other losses which occur as a consequence of a failure of your goods unless that failure occurs as a direct result of our provision of the Services.
7. Removal of Equipment
7.1 Keen IT Solutions Limited engineers may take custody of your hardware or software and/or remove it from your premises. Our engineers will advise you if any item requires attention by a third party or your equipment manufacturer or supplier. We do not operate a dispatch service for your equipment.
8. Unforeseen Circumstances
8.1 Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
9. Warranties
9.1 To the extent that it is permitted to do so, we will assign the benefit of any guarantee or warranty covering any defects in Products received by us under an agreement with the manufacturer or supplier of the relevant Product.
9.2 If any Services are provided by us, they will be carried out with reasonable care and skill and by suitably trained and qualified persons.
9.3 As part of any Services, we may provide you with our guidance on software installation and maintenance.
9.4 You hereby acknowledge that you are responsible for obtaining all necessary third party licences for software or other intellectual property or products, and warrant that you are not in breach of any relevant licences and that you are compliant with all relevant applicable laws.
10. General
10.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
10.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
10.3 If we do not enforce any of our rights under this Contract this does not prevent us from exercising these rights in the future.
10.4 The Contract and all communications between us will be conducted in the English language.
All customers agree to the below in additional to our terms and conditions as stated above.
Keen IT Solutions Limited are not prepared to service systems that are found to have illegal software, illegal computer files or any data material that infringes copyright law or any other laws in the UK. We are responsible for reporting any illegal activities to the authorities. This does not affect your statutory rights.
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