Terms and Conditions

Client Policy

If the client is not present at the site the work is to be carried out then the engineers will not carry out the work, in some cases the client may be forced to pay extra their hourly rate for wasting 3CCC time.

Equipment

Once the equipment has been installed at the client’s property it is no longer a risk of the companies if the assets do not work sufficiently unless covered by the contract.

A) When an engineer leaves site they will ensure all equipment works correctly and efficiently. – S.V.O. if required

B) If the equipment or software used in the process is tampered with or removed this may then annul the contract between the customer and the 3CCC.

In the unlikely event that the Services do not conform to these Conditions, the Customer must let the Supplier know as soon as possible after the Supplier has carried out the Services.

The Supplier will: provide the Customer with a full or partial refund, or

re-perform the Services.

Licencing

Any software that the 3CCC uses will be fully legal and licenced.

A) If there are any claims against copyright regarding the product then the 3CCC is not liable.

B) The 3CCC will always keep a record of where they purchased the software also the licensing information.

C) The software will also be purchased on behalf of a client, in the clients name.

Health and Safety

The 3CCC will send out qualified engineers to carry out any work, the engineers are there to install the specified equipment for that day. The customer will receive a phone call to confirm the day the work is to be carried out and also another one on the day as a reminder.

A) When engineers are on site they must adhere to the health and safety regulations set by the 3CCC.

B) If they feel they are not in a safe and suitable environment then they have the right to refuse to do the work until the environment has been rectified.

Software

The 3CCC will always follow procedures when carrying out software installs.

A) When installing software the 3CCC will always disable any updates to prevent any corruption within the software.

B) If updates are installed when an engineer is not present, if any problems occur then it is the client that is liable.

C) Any Software installed by 3CCC’s on behalf of the client must be accepted as is at that point. The client must fully understand the licence and not hold 3CCC responsible for any alteration or update once 3CCC have installed the software.

Customer Information

As 3CCC policy we do not sell on or give out any customer information, the information that we store is not used in any other way other than to either contact the customer or send invoices for any work that has been carried out.

A) We protect our customer’s details on a computer that only one user has access to this is then backed up to an encrypted hard drive.

INTERPRETATION

1 In these Conditions:-

(2) ‘the Equipment’ means the items of hardware and equipment or any of them described in the Contract

(3) ‘Event of Default’ means any act or omission on the part of the 3CCC or its employees, agents or sub-contractors falling within Conditions 13(1)

(4) ‘the Services’ means the installation, maintenance or other services described in the Contract

(5) ‘the Customer’ means the person, firm or 3CCC with whom the Contract is made by the 3CCC

(6) ‘the Contract’ means the contract between the 3CCC and the Customer for the sale or supply of Equipment and/or Software and/or Services (as the case may be)

(7) ‘Media’ means any media upon which the Software is stored which has been supplied by the 3CCC

(8) ‘Working Days’ means Monday to Friday, excluding Bank and other public holidays in England.

GENERAL

2 Unless expressly misapplied by the 3CCC these Conditions shall be deemed to be incorporated in all Contracts of the 3CCC to sell or supply Equipment and/or Software and/or Services. In the case of any inconsistency with any order, letter or form of contract sent by the Customer to the 3CCC or with any terms and conditions contained or referred to in any communication between the Customer and the 3CCC (whatever may be their respective dates) or implied by trade, custom, practice or course of dealing, the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director or other duly authorised representative on behalf of the 3CCC. Any concession made or latitude allowed by the 3CCC to the Customer shall not affect the strict rights of the 3CCC under the Contract.

Contractual Work

Any quote that has been sent to a customer by the 3CCC is not a binding contract. Any work that is to be carried for a customer, the information shall be written into a binding contract with all the specific details regarding the work that is going to be carried out.

The contract does not become a legal document until it is signed by the 3CCC director and the customer.

PRICES

4 (1) All work that is to be carried out or has already taken place will have an Estimate – client upon acceptance ..? stating the price of the work, if additional work is required there will be another legal contract between 3CCC and the customer with both signatures to show the extra cost has been approved.

1) If the area is not prepared for the 3CCC to carry out the work, it is not up to them to clear the workspace this in turn can terminate the contract on behalf of the client if the 3CCC wishes to.

2) If additional work is needed to prepare the workspace the 3CCC can then enforce additional charges that are stated in the contract.

3) If the amount for the job specified in the contract between customer and the 3CCC has not been paid 30 days after the invoice has been sent out, shall give the 3CCC permission to remove any goods or items that have been installed into any facilities.

Once the work has been carried out and it has been paid for it is then that the equipment that was installed becomes the property of the customers and no longer the companies’ responsibility.

4) Unless maintenance work is specified in the contract it is the customers’ are liable for damage and must pay themselves.

5) If it states in the contract that the 3CCC is to do regular audits and checks on the equipment then if the goods are damaged they may be covered by the contract, which it will state. If they are not covered then the client will have to pay for the repair of the equipment.

TERMS OF PAYMENT

5 (1) Payment shall, unless otherwise agreed in writing, be made in full without any deduction or set-off within 30 days of the date of the invoice save payment shall become due in any event forthwith upon the occurrence of any of the events referred to in Condition 17 hereof.

(2) Any extension or credit allowed to the Customer may be changed or withdrawn at any time.

(3) Notwithstanding any of the terms and conditions hereof the time of payment shall be of the essence of the Contract.

(4) Interest shall be payable on overdue accounts at the rate of 8% over Bank of England base rate to run from the due date for payment thereof until receipt by the 3CCC of the full amount whether or not after judgement.

DELIVERY AND PERFORMANCE

6 (1) All times or dates given for delivery of the Equipment and/or Software and for performance of the Services are given in good faith and shall not be of the essence of any Contract.

(2) Delivery of the Equipment and Software and performance of the Services shall be at the Customer's premises unless otherwise stipulated or agreed by the 3CCC.

(3) If the Customer refuses or fails to take delivery of Equipment or Software or Services tendered in accordance with the Contract, the 3CCC shall be entitled to immediate payment in full for the Equipment or Software or Services of which the Customer refuses or fails to take delivery and the Customer shall in addition to the invoice price pay all costs of such storage and any additional costs incurred as a result of such refusal or failure.

(4) The 3CCC may make and the Customer shall accept partial deliveries of Equipment and/or Software. Each delivery shall be considered to be the subject of a separate Contract and failure by the 3CCC to make any one or more deliveries in accordance with the Contract or any claim by the Customer in respect of any one or more deliveries shall not entitle the Customer to treat the Contracts as whole as repudiated.

(5) Where the Equipment and/or Software is handed to a carrier for carriage to the Customer or to a United Kingdom port for export any such carrier shall be deemed to be an agent of the 3CCC and not of the Customer for the purposes of Sections 44, 45 and 46 of the Sale of Goods Act 1979.

(6) The Customer shall prepare the area of delivery and installation for the Equipment and provide the 3CCC (including its employees, agents and sub-contractors) with free access to the place of installation and with free access to any services or facilities that may be required to deliver and install the Equipment. Where the same has not been provided the 3CCC shall be entitled to charge for the same.

(7) The Customer shall provide the 3CCC (including its employees, agents and sub-contractors) with access to the Equipment and the Software at the agreed premises for the purposes of inspections and maintenance of the Equipment and Software and with all necessary information and support that may reasonably be required by the 3CCC for the performance of its obligations hereunder.

RISK

7 Once the equipment has been installed at the client’s property it is no longer a risk of the companies if the assets do not work sufficiently unless covered by the contract.

1) When an engineer leaves site they will ensure all equipment works correctly and efficiently.

2) If the equipment or software used in the process is tampered with or removed this may then annul the contract between the customer and the 3CCC.

In the unlikely event that the Services do not conform to these Conditions, the Customer must let the Supplier know as soon as possible after the Supplier has carried out the Services.

The Supplier will: provide the Customer with a full or partial refund, or

re-perform the Services.

TITLE

8 All Equipment and Software is supplied to the Customer by the 3CCC on the following terms:-

(1) the Equipment and Media shall remain the property of the 3CCC until payment is made of sums due under all Contracts between the 3CCC and the Customer.

(2) before title has passed under the terms of Condition 8 (1) the following shall apply:-

(a) the Customer shall hold the Equipment and Media as a bailee for the 3CCC

(b) the Customer shall store the Equipment such that it is separate and identifiable from other stock held by the Customer and shall label them as belonging to the 3CCC

(c) without prejudice to the rules of equity relating to tracing the 3CCC shall be beneficially entitled to the proceeds of sale or disposal of the Equipment, Software and Media so that the proceeds or any claim therefor shall be assigned to the 3CCC and until and subject to such assignment shall not be mingled with other monies or paid into an overdrawn bank account

(d) the 3CCC is hereby licensed to enter upon any premises in the ownership, possession or control of the Customer at any time in order to recover the 3CCC's Equipment and Media. The 3CCC shall have the right to resell the same, such right being in addition to any power of sale arising by operation of law or otherwise.

SOFTWARE LICENCE

9(1) Under no circumstances does the use or acquisition of the Software and Media transfer the copyright to any other intellectual property rights in the Software or any documentation relating thereto to the Customer or any third party.

(2) The Customer shall enter into such licences of the Software as the proprietors of the copyright or other intellectual property rights therein may require and the supply of the Software to the Customer shall be conditional thereon.

THIRD PARTY CLAIMS

10(1) The Customer shall indemnify the 3CCC against all costs, claims and damages incurred by or made against the 3CCC as a direct or indirect result of the carrying out of the Services or any other work required to be done on or to the Equipment or the Software in accordance with the requirements or specifications of the Customer involving any infringement or alleged infringement of any patent, trade mark, design right, copyright or other proprietary right of any third party ('Third Party Proprietary Rights').

(2) In the event that the Equipment or the Software is or may be the subject of any Third Party Proprietary Rights the 3CCC shall be obliged to transfer or licence (as the case may be) to the Customer only such titles as the 3CCC may have and the 3CCC shall have no liability to the Customer for any infringement or alleged infringement thereof.

(3) The Customer shall notify the 3CCC forthwith of any claim made or action brought or threatened alleging infringement of any Third Party Proprietary Rights. The 3CCC shall have the right to control and/or conduct any such proceedings in such manner, as it shall reasonably determine. The Customer shall provide all such reasonable assistance in connection therewith as the 3CCC may request. The cost of any such proceedings shall be borne in such proportions, as the parties shall determine.

Any software that the 3CCC uses will be fully legal and licenced.

1) If there are any claims against copyright regarding the product then the 3CCC is not liable.

2) The 3CCC will always keep a record of where they purchased the software also the licencing information.

SPECIFICATIONS AND INFORMATION

11(1) Unless expressly agreed in writing by the 3CCC all descriptions, drawings, designs, specifications and particulars of weight and dimensions submitted by the 3CCC are approximate only and the 3CCC shall have no liability in respect of any deviation therefrom. The 3CCC accepts no responsibility for any errors, omissions or any other defects in any descriptions, drawings, designs or specifications not prepared by the 3CCC and the 3CCC shall be indemnified by the Customer against any and all liabilities and expenses incurred by the 3CCC arising there from.

(2) All drawings, designs, specifications, manuals, software, listings, object code or source code and information imparted by the 3CCC are confidential and shall not be disclosed to a third party without the 3CCC's prior written consent.

QUALITY

Conditions

12(1) In the case of the Equipment and the Software, the Customer shall be entitled to the benefit of such warranty or guarantee as is given by the 3CCC’s supplier to the 3CCC.

12(2) The 3CCC warrants that it will perform the Services with reasonable skill and care.

12(3) Without prejudice to any of the Conditions, the 3CCC shall have no liability:

(a) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions (including without limitation operation outside the Equipment’s or Software’s environmental specification) failure to follow the 3CCC’s instructions (whether oral or in writing), misuse (including, without limitation, use in a manner inconsistent with the Equipment’s or Software’s intended function) or improper or inadequate maintenance, improper site preparation, improper installation, unauthorised modification or use with other products not manufactured or approved by the 3CCC;

(b) under any warranty, condition or guarantee if the total price has not been paid by the due date for payment.

(c) unless the Customer gives written notice of the defect to the 3CCC in the case of Equipment or Software within 7 Working Days of receipt of the Equipment or Software by the Customer or where the defect was not apparent on reasonable inspection within 30 Working Days of delivery and in the case of any Services within 30 Working Days of performance of such Services.

LIMITATION OF LIABILITY

13(1) Subject to Condition 12 the following provisions set out the entire financial liability of the 3CCC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

(a) any breach of these Conditions; and

(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

13(2) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

13(3) Nothing in these Conditions excludes or limits the liability of the 3CCC for death or personal injury caused by the 3CCC’s negligence or fraudulent misrepresentation.

13(4) Subject to the limit set out in Condition 13(5) below the 3CCC shall accept liability to the Customer in respect of loss or damage to the Customer arising from a breach of warranty under Condition 12(2) or resulting from the negligence of the 3CCC or its employees, agents or sub-contractors in carrying out the Services.

13(5) Subject to the provisions of Condition 13(3) above the 3CCC’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to:

(a) £250,000 in the case of an Event of Default falling within Conditions 13(4) above; and

(b) the purchase price of the Equipment, Software or Services to which the Event of Default relates in the case of any other Event of Default.

13(6) Subject to Conditions 13 above the 3CCC shall not be liable to the Customer in respect of any losses or damages which may be suffered by the Customer whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:

(a) special damage even though the 3CCC was aware of the circumstances in which such special damages could arise; or

(b) loss of profits, anticipated savings, business opportunity, data

13(6) If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under the Contract.

13(7) Nothing in this Conditions 13 shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.

13(8) The 3CCC’s prices are delivered on the basis of the limits of liability set out in this Condition 13.

PACKAGING

14(1) The Customer shall meet the cost of any special packaging requested by the Customer or packaging rendered necessary by delivery by any means other than the 3CCC's normal means of delivery.

(2) The 3CCC shall be entitled to invoice the Customer for the cost of all pallets and other returnable packaging materials unless the same are returned to the 3CCC in good condition carriage paid within 21 days of delivery.

RETURNS

15 Equipment and/or Software which is supplied in accordance with the Contract cannot be returned unless the Customer obtains from the 3CCC a returns authorisation number. Returns shall be sent to the 3CCC's premises at the Customer's risk and expense. The 3CCC reserves the right to refuse to accept such returns if they are not returned in their original packaging in a clean, unused, undamaged and resaleable condition.

EXPORT TERMS

16(1) Save as herein provided or otherwise agreed in writing between the 3CCC and the Customer, Equipment and/or Software which is supplied for export from the United Kingdom shall be charged for and delivered FOB the air or sea port of shipment and the 3CCC shall not be obliged to give the Customer the notice specified in Section 32(3) of the Sale of Goods Act 1979.

(2) The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Equipment and/or Software into the country of destination and for the payment of any duties thereon. In particular, if any licence or consent of any government or other authority shall be required for the acquisition, carriage or use of the Equipment or the Software by the Customer, the Customer shall obtain the same at its own expense and if necessary produce evidence of the same to the 3CCC on demand. Failure to do so shall not entitle the Customer to withhold or delay payment of the price. Any additional expenses or charges incurred by the 3CCC resulting from such failure shall be for the Customer's account.

FORCE MAJEURE

17 The 3CCC shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its reasonable control. In any such event the 3CCC shall be entitled to delay or cancel delivery of the Equipment and/or Software or performance of the Services. If due to any such event the 3CCC has insufficient stocks to meet all its commitments the 3CCC may apportion available stocks between its Customers at its sole discretion.

INSOLVENCY AND DEFAULT

18 If the 3CCC shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Customer's property or assets or if the Customer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against his or (if the Customer is a 3CCC) if any Resolution or Petition to wind up such 3CCC shall be passed or presented or if a receiver, administrative receiver or administrator of the whole or any part of such 3CCC's undertaking property or assets shall be appointed or if anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the Customer, the 3CCC in its discretion and without prejudice to any other right to claim may by notice in writing determine wholly or in part any and every Contract between the 3CCC and the Customer or may (without prejudice to the 3CCC's rights subsequently to determine the Contract for the same cause should it so decide) by notice in writing suspend further performance of the Contract until any defaults by the Customer be remedied.

DEDUCTIONS

19 The 3CCC shall have the right (without prejudice to any of the other rights) to deduct from or set-off against any monies due to the Customer under any Contract any sum or sums which the Customer is liable to pay to the 3CCC under any Contract, such right to be exercisable by the 3CCC giving to the Customer written notice thereof.

HEALTH AND SAFETY

20 Where any of the 3CCC's employees are admitted to the Customer's premises pursuant to the Contract, the Customer undertakes that it will take such measures as are necessary to ensure that, as far as reasonably practicable, its premises and any plant, equipment, articles or substances in such premises are safe and without risks to the health of the 3CCC's employees. The Customer shall indemnify the 3CCC against all loss, claims and demands suffered by the 3CCC as a result of any breach of this Condition by the Customer.

CANCELLATION

21(1) Save as provided in Conditions 17 and 18 hereof, Contracts may not be cancelled except by agreement in writing of both parties and upon payment to the 3CCC of such amount as may be necessary to indemnify the 3CCC against all loss resulting from the said cancellation.

21(2) Where the Contract relates to the provision of Professional Services, the customer agrees to pay a sum equal to the following percentages of the sums due in respect of a Consultancy Invoice due to the 3CCC by way of agreed damages if the Customer postpones or delays the Consultancy day(s) at which such services are to be provided without providing at least 10 working days written notice:

- 10 to 6 days = 50% of the Consultancy Invoice payable

- 5 to 0 days = 100% of the Consultancy Invoice payable

SEVERABILITY

22 If at any time one or more of the above Conditions becomes in whole or in part void, invalid, or unenforceable then the remainder of the Contract shall nevertheless be valid and enforceable.

THIRD PARTY RIGHTS EXCLUSION

23 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

NON-SOLICITATION

24 The Customer shall not and shall procure that none of its associated companies (within the meaning of Section 416(1) of the Income and Corporation Taxes Act 1988) shall during the continuance of the Contract and for a period of 6 months after that not without the 3CCC’s prior written agreement directly or indirectly solicit or offer employment or engagement to any person who is or was employed or engaged by the 3CCC.

NOTICES

25 All notices hereunder shall be in writing and shall be given by hand or sent by prepaid first class post, or telex to the party concerned at its last known address. Notices sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered forty-eight hours after despatch and notices sent by telex shall be deemed to have been delivered on the first customary working day in the addressee's country following the day of their despatch.

ASSIGNMENT

26 The Customer shall not assign or transfer the whole or any part of its rights or obligations under the Contract to any other person, firm or 3CCC.

GOVERNING LAW

28 The Contract shall be governed by and construed in accordance with English Law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

VALUE ADDED SERVICES

29(1) Upon receipt of a customer order, 3CCC will place the appropriate product order on our suppliers. Where such products are the subject of added value services, System Software Solutions Ltd reserves the right to despatch and invoice the goods to the customer. Where the added value services are delayed for reasons outside the control of 3CCC, for example the late delivery of hardware or internet connections ordered direct by the customer. In these circumstances our normal terms and conditions of payment apply, in respect of the product invoices.

(2) 3CCC Ltd reserves the right to part invoice product/ added value services if the implementation of the complete solution is delayed for reasons outside the control of 3CCC. In these circumstances our normal terms and conditions of payment apply.

(3) Where the Consultancy and/or Installation takes longer than the number of days quoted:

(a) as a result of insufficient or incorrect information, as provided by the customer, additional time will be charged at the daily rate.

(b) as a result of missing software, network or hardware not ready/not pre-configured, additional time will be charged at the daily rate

Terms and Conditions