Terms of Trade
Octagon Technology Ltd - Terms of Trade
Data Security
We draw your attention to the following:
Whilst every effort is made to protect clients’ data from loss it is the clients’ responsibility to ensure all data are backed up before we undertake any work. You must tell us if there is any doubt about data security before we undertake any work.
Backup Policy
There is always the risk of equipment failure. A policy should be put in place to backup all data and files on a regular basis from all disks. It should also be noted that removable disks and other storage media can fail and this should be planned for in your backup policy. Octagon Technology Ltd will not be responsible for any loss of data or other consequential losses, either financial or data, resulting from equipment failure.
Hardware Security
All equipment left with us remains the sole responsibility of the client for insurance purposes. Please ensure you have All Risks Cover.
Software Installation
If clients require software to be re-installed following work on their systems, they will need to provide the installation disks and any required serial numbers. We are not responsible if installed software is lost during such work or inspections.
Data Recording
Where Octagon Technology is required as part of a contract to install security or any other data recording equipment or process, it is the client’s responsibility to adhere to any relevant legislation and inform any interested third party.
Payment Terms
- Equipment, software and third party services supplied by Octagon Technology Ltd must be paid in full immediately on supply. In certain circumstances the client may be required to pay third party suppliers direct and occasionally prior to supply. Any problems with supplies must be notified immediately.
- All goods supplied remain the sole property of Octagon Technology Ltd until full payment has been made and confirmed by a Director.
- For all other invoices, cleared funds are due within 28 days of the invoice date for clients who have completed our credit reference procedure. For those clients who have not successfully completed this process, payment is due by return. A deposit of 40% of any fixed fee contract, for example website creation, is payable before work can be started.
- We no longer accept cheques. If clients do not bank with Barclays, direct payments to our bank account should allow 4 working days for cleared funds to be transferred. Our bank details are at the foot of our invoice, together with the relevant dates for payment. Clients who persistently pay late will be charged a higher hourly rate on subsequent invoices.
- If cleared funds are not received for an undisputed invoice within 28 days clients are automatically in breech of this contract and credit terms will be withdrawn until the account is regularised. Octagon Technology reserves the right to inform interested third parties such as credit reference agencies.
- If a client persistently pays very late or issues dishonoured cheques, Octagon Technology reserves the right to withdraw future services and to pursue the outstanding debt through the courts.
- Disputes about invoices must be submitted in writing within 21 days from the date of the invoice.
- Octagon Technology reserves the right to charge clients for appointments cancelled at very short notice, depending on the circumstances.
- All quoted hourly charge rates will be increased by at least 5% on 1 January each year.
- Mileage charges at government approved rate will be made for return journeys of more than 50 miles per hour per visit.
- Travel time of more than half an hour will be charged at our standard rate per hour per visit.
Invoices from Octagon Technology Ltd are covered by the provisions of The Late Payment of Commercial Debts (Interest) Act 1998. Octagon Technology Ltd reserves the right to surcharge invoices by the current Court interest rate on a daily basis from the due date and to recover in full any costs incurred in securing payment of invoices.
Any failure on the part of Octagon Technology Ltd to insist on any of these conditions on any occasion does not invalidate that condition in other circumstances.
Warranties
Octagon Technology Ltd disclaims all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose of any product or service supplied. In no event shall Octagon Technology Ltd be liable for any damages whatsoever, and in particular Octagon Technology Ltd shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, or any other consequence arising out of any projects, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.