Practical Networks Ltd – Terms and Conditions of Trading
1. General
In these terms and conditions of trading “the company” means Practical Networks Ltd and also where the context permits its assigns and any subcontractor for the said company. “The customer” means the customer to whom the company agrees to supply goods. “Goods” means any equipment or services supplied by the company. These terms and conditions shall apply to all contracts entered into between the company and the customer unless agreed to the contrary in writing by a director of the company. “Working day” means 09:00am to 17:00pm Monday to Friday excluding public and bank holidays.
2. Privacy Notice
a) What we need
Our General Personal Data Protection Policy governs the use and storage of your data. A full copy of the policy can be provided by contacting compliance@practicalnetworks.co.uk
Practical Networks Ltd is a Controller of the personal data you (data subject – person) provide us.
We use a variety of personal information depending on the products and services we deliver to you. For all products and services, we need to use your name, company address, contact details, information to allow us to check your identity and information about your credit history.
For some products and services we might need additional information, for example: convictions information for lending decisions, fraud prevention, anti-money laundering and to meet legal obligations.
b) Why we need it
We need your personal data in order to provide you with the following services:
- To provide clients with IT support
- To provide clients with proposals and quotations
- To provide clients with details of products and services that may be of an interest.
- To administer payments to and from you and/or your organisation
- For financial management and debt recovery purposes
c) What we do with it
Your personal data is processed at Practical Networks Ltd, located at 3 Manor Court, Manor Garth, Eastfield, Scarborough, North Yorkshire, YO11 3TU. Hosting and storage of your data takes place at the same location along with backups been held online at UK data centres.
No third party providers have access to your data, unless specifically required by law
d) How long we keep it
Under HMRC regulatory law, we are required to keep your documents for seven years according to the Data Retention Policy. After this period, your personal data will be irreversibly destroyed. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information. Please see Data Retention Policy for more information on our personal data retention schedule.
e) What are your rights?
Should you believe that any personal data we hold on you is incorrect or incomplete, you have the ability to request to see this information, rectify it or have it deleted. Please contact us through the following email address – compliance@practicalnetworks.co.uk to obtain the Data Subject Access Request Form. In the event that you wish to complain about how we have handled your personal data, please contact Data Protection Officer at compliance@practicalnetworks.co.uk or in writing at Practical Networks Ltd, 3 Manor Court, Manor Garth, Eastfield, Scarborough, YO11 3TU and Our Data Protection Officer will then look into your complaint and work with you to resolve the matter. If you still feel that your personal data has not been handled appropriately according to the law, you can contact the I.C.O. (Information Commissioners Office) https://ico.org.uk/ and file a complaint with them.
3. Orders
a) All orders are subject to availability of goods and will not be placed until such times as the company has received written authorization from the client, either by email, letter or facsimile. All verbal orders placed will be deemed as provisional only until such times as written confirmation is received, either by email, facsimile or letter.
b) For leased line and broadband orders, these will be subject to an initial minimum term as specified when ordering, this is called the Committed Period. After the Committed Period, the contract will automatically be renewed for successive one- year periods (we call each of these a Subsequent Contract Period) unless you tell us in writing at least 90 days (30 days for broadband) before the end on the Committed Period or the Subsequent Contract Period that you wish to cancel.
c) All equipment provided by the company remains the property of the company (as per section 12) until such times as payment has been received in full. Unless it is included within your tariff, in which case it remains the company’s property until the end of the Committed Period or Subsequent Contract Period during the length of term in which it was supplied and agreed by the customer in writing.
d) For all Leased Line and Broadband orders, these will be invoiced monthly in arrears and the customer agrees to pay the specific charges whether using the service or not.
4. Prices
Catalogues, price lists, videos and other advertising or promotional material are intended to provide an indication only as to the price range and dimensions of goods offered by the company and any variations thereto shall not give rise to any claim against the company. The company reserves the right to pass on to the customer any increase or decrease in the costs of providing the goods that occur between the date of any quotation and the date of delivery. All prices submitted are exclusive of VAT.
5. Additional Costs
The client agrees to pay for any loss or extra cost incurred by the company through the client’s instructions or lack of instructions or through failure or delay in taking delivery or through any act or default on the part of the client its servants or employees.
6. Manufacturer’s specification
The customer recognises that the company is a distributor of goods. Although the company will try to notify the customer of any variations of which it is aware the customer accepts that the company cannot be accountable for the consequences of any variations made by the manufacturer or as a result of shortage of supplies.
7. Software products
In accordance with trade practice many manufacturers or suppliers of computer software products and similar goods retain title to the copyright and other intellectual property rights. The company only transfers such titles as it may have and no warranties expressed or implied are given as to whether or not the intended use is permitted by the owner of such rights.
8. Delivery
a) Dates and times quoted by the company for delivery run from the receipt by the company of a written order or from resolution of technical details whichever is the later. All dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order unless such a right is specifically reserved in the customers written order and accepted in writing by the company.
b) Offers for goods ex-stock are subject to the goods being unsold at the time of the customer’s order or resolution of technical details whichever is the later.
c) Unless specifically included in the quotation, prices do not include delivery and any delivery charges incurred by the company will be passed on to the customer.
d) The company reserves the right to make part deliveries. Any request by the customer for the company to delay or split deliveries may result in a stocking charge and any additional costs incurred by the company being debited to the customer.
9. Payment
a) Unless agreed to the contrary in writing all invoices are payable before shipment of the goods or against pro-forma invoice whichever is the earlier. If the customer is an approved account holder invoices are payable 30 days net of invoice date.
b) If the total amount of goods exceeds £5000 or the duration of the project exceeds four working weeks special conditions may apply.
c) Any extension or credit allowed to the customer may be changed or withdrawn at any time.
d) If the customer fails to make payment as provided for above, the company will (in addition to any other remedies) charge
and be entitled to be paid by the customer interest on overdue accounts at the rate of 2% per month or part thereof until payment is received.
e) In addition to any other rights available, the company shall have the right of access to enter the purchaser’s premises and to take possession of any goods supplied by the company for which payment is overdue. In exercising such rights to enter and remove goods the company will not be responsible for any damage thereby caused.
10. Force Majeure
The company shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply goods if the supply of the goods would be illegal, contrary to manufacturer’s conditions of sales or the agreement is impossible for the company to perform for whatever reason.
11. Insolvency
In the event that the customer is declared insolvent or compounds with its creditors or has distress levied against its goods or assets; or in the case of a limited company compounds with its creditors, or has distress levied against its goods, assets or is wound up or has a receiver appointed for whatsoever reason, the company shall have the right to suspend deliveries until payment has been made for goods already supplied and for all outstanding orders.
12. Title and risk
a) Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.
b) Title to the goods shall remain vested in the company (notwithstanding the passing of possession and risk to the customer) until the price and all other money due from the customer to the company on any other account has been paid in full.
c) Until title to the goods passes to the customer, the customer shall hold the same in its fiduciary capacity as bailee for the company and shall keep the goods separate from that of the customer and third parties and ensure that the goods are at all times identifiable as the company’s property; and the company reserves the right to dispose of the goods and the company may retake possession of the goods at any time. For that purpose the customer agrees that the company or its servants and agents may enter upon any land or premises occupied or used by the customer.
d) All equipment provided by the company remains the company’s property until such times as paid in full (unless it is included in your leasing tariff, in which case it remains company property until the end of the Committed Period or Subsequent Contract Period during which it was supplied). The customer must return any equipment that belongs to the company within 14 days of giving notice to terminate the leased contract. If the customer does not do so or wishes to retain the equipment, the customer will be charged the standard charge for that equipment/bundle equipment.
13. Warranty
The customer recognises that the company is not the manufacturer of the goods supplied. The company will pass on to the customer all (if any) unexpired warranties it receives from the manufacturer(s). It is expressly stipulated that in the event of any claim on any ground being made by the customer against the company or any matter arising from or in relation to the contract or any item supplied pursuant to it, the liability of the company shall be limited (in respect of each claim or series of connected claims) to all sums due in respect of such items and under no circumstances shall the company be under any further liability for loss of profits or contracts or for other direct or consequential loss whether or not arising from any documentation made available to it. Any individual claim or total of a series of claims shall be limited accordingly.
14. Returns
All goods shall be deemed accepted unless rejected within 14 days of delivery or collection of the goods. Notice of rejection must be delivered in writing to the company giving detailed reasons for rejection. No compensation, credit, or right of set-off shall be given by the company until the same has been received by the company from the manufacturer, supplier or insurer as the case may be. Any notice received by the company outside the 14 day period shall be deemed invalid for the purposes of this clause.
15. Returns procedure
Before returning any goods to the company the customer shall:-
a) Notify the company by letter, email, or facsimile of its desire to return the goods together with the reason for the return.
b) Obtain from the company a designated returns number as well as the address upon where to return the goods. To which the details of such, shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a returns number shall not be taken as an admission of any fault in relation to the goods being returned. No goods shall be returned without the company’s prior approval.
16. Liabilities & Export requirements
a) The company will not be responsible for any personal injuries, third party claims of whatsoever nature arising from defective goods apart from claims in respect of death or personal injury resulting from negligence of the company
b) The company must be informed in writing at least five working days before any works are due to be undertaken on your premises if there is asbestos or any other dangerous or hazardous substances present. Unless the company is informed of any such hazards they cannot be held responsible for any breach of Health & Safety Regulations or safety issues, however arising. Practical Networks on their part will conform to all normal Health & Safety at work practices whilst on your premises, but if additional expense is incurred or extra work necessary because of unforeseen health & safety problems, the company reserves the right to charge accordingly
c) The company shall not be liable for imperfect work caused by any inaccuracies on any written or verbal specifications supplied by the client.
d) Where the goods are destined, directly or indirectly, for a non-United Kingdom location or where the customer is stated not to be a United Kingdom resident, the customer will be solely responsible for all bank charges, fees, agency fees, commission, and interest on overdue payments in respect of all drafts, cheques, bills of exchange, letters of credit or credit transfers and no deduction whatsoever in respect thereof may be made from any payment to the company or to its order.
17. Severability
If and to the extent that any provision or any part of the company’s standard trading conditions are illegal, void, or unenforceable for any reason, then such provisions or part therefore (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provisions, as the case may be, all of which remaining provisions shall remain in full force and effect.
18. Cancellation
The contract for supply of goods or services may not be cancelled except by agreement in writing of both parties (with regards to services this is three months’ notice) and upon the payment to the company of such amounts as may be necessary to indemnify the company against all loss resulting from the said cancellation. For the cancellation of any Microsoft Office 365 licences the notice period to be given is one full calendar month prior to the end of the Microsoft Agreement as per their terms and conditions of sale.
19. Leased Line and Broadband Service termination charges
a) If the customer cancels the Contract or a Service before the expiry of the Committed Period or any Subsequent Contract Period, an Early Termination Charge equal to the remaining Charges due in respect of the Committed Period or Subsequent Contract Period (as the case may be) will be payable by the customer.
b) Where equipment has been provided to the customer by the company in order to make available the leased line and broadband service and the Contract is terminated, the customer must return any equipment and/or bundle equipment to us within fourteen (14) days of such notice to terminate. Failure to so will result in the customer being charged the standard charge for that equipment/bundle equipment.
20. Cloud Business Phones and SIP Trunks
a) If the customer cancels the Contract or a Service before the expiry of the Committed Period or any Subsequent Contract Period, an Early Termination Charge equal to the remaining Charges due in respect of the Committed Period or Subsequent Contract Period (as the case may be) will be payable by the customer.
b) All handsets provided by the company as Handsets as a Service remain company property until the end of the Committed Period or Subsequent Contract Period during which it was supplied. The customer must return any equipment that belongs to the company within 14 days after the end of the Committed Period or Subsequent Contract Period. If the customer does not do so or wish to retain the equipment, the company will charge the customer for it.
c) If the customer cancels the Contract or Service the customer will be charged export charges for any CLI’s they transfer at the company’s current rate.
21. Law
All contracts shall be deemed to have been made in England and shall be governed in all respect by English law and all disputes, differences or questions at any time arising between the parties as to the construction, validity and performance of the Contract or as to any matters arising out of the Contract or in any way connected with it shall be determined by the English Courts of law to whose jurisdiction the Company and the Customer hereby submit.