Terms and Conditions
Definitions
“The Company” means 1 Office Equipment Ltd. trading as 1 Office, Riverside Court, Mayo Avenue Dundee DD2 1XD.
“The Customer” means the individual, business or organisation entering into this agreement.
- Confidentiality
Unless permission is given in writing, neither party at any time will disclose the other party’s confidential information and such obligations and such obligations will continue beyond the term of this agreement.
- Indemnification
The Customer hereby agrees to indemnify the Company or any of its directors, employees or other representatives from and against any claims arising out of or based upon the Customer’s misuse of all services hereunder, including but not limited to, claims based on software licensing violations,
copyright/trademark and patent infringements. In addition, the Customer agrees to pay any legal costs associated with such claims on an indemnity basis.
- Non-solicitation
- a) The Customer shall not, without the prior written consent of the Company, at any time from the date of this agreement to the expiry of 6 months after the last date of supply of the services, solicit or entice away from the Company or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of the Company in the provision of the services.
- b) Any consent given by the Company in accordance with clause 16.a) shall be subject to the Customer paying to the Company a sum equivalent to 20% of the annual remunerations of the relevant Company employee, consultant or contractor or, if higher, 20% of the annual remunerations to be paid by the Customer to that employee, consultant or subcontractor.
- Assignation
- a) The Customer shall not be entitled to assign its rights or obligations under this agreement without prior written consent from the Company.
- b) The Company shall be entitled to assign its right and obligations hereunder to whomsoever it may think fit.
- Liability
The Company shall not be liable to the Customer for:
- a) Any loss of business, profits, goodwill or consequential loss or damage.
- b) Any loss attributable, either directly or indirectly, to hardware or network failure.
- c) Any loss attributable, either directly or indirectly, to the products being moved from the initial point of installation to another location without the Company’s written consent.
- d) Any loss or damage including personal injury sustained by the Customer or any person or any of its employees incurred by the misuse of equipment.
- e) Any software failure, whether or not software is contained in the products, loss of or corruption of data or confidential or other information, business interruptions or failure of the Customer’s computer system, software or network.
- f) Any issues that arise as a result of a failure, variation or corruption of external services, i.e. power utilities, communication utilities, Internet Service Provider or software providers.
- g) Any loss or damage caused by viruses or malware.
- h) Any loss of privacy.
- i) Force majeure and any unforeseen circumstances including any acts of terrorism, which gives rise to the Company’s failure in carrying out its obligations.
- Goods delivered directly to the customer are non-refundable if the original packaging seal is broken.
The total liability -whatever the type of claim- per agreement year will be limited to the total charges paid by the Customer during that agreement year.
- Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes all other written or oral agreements or representations. Any alterations of these terms must be confirmed in writing by a
Director of the Company.
- Severability
Should individual terms of this agreement be totally or partially void or otherwise unenforceable, it shall not affect the validity of the remaining agreement. The parties undertake to replace the invalid clause with a valid clause coming closest to the original, but invalid clause.
- Governance
This agreement shall be governed by the law of Scotland. In the event of a dispute between the parties arising under this agreement the courts of Dundee, Angus, Scotland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings.