End User IT Support Terms & Conditions
EXCELL WORKSPACE END USER IT SUPPORT TERMS & CONDITIONS
These terms and conditions (“Agreement”) are the legal terms and conditions on which Provider (“Provider”) provides IT services (the “Service”) to you (the “Client”). This Agreement governs your use of the Services and will apply to any provision of any Services by Provider to you.
Please read this Agreement carefully and make sure that you understand it; by undertaking Excell Workspace IT Support you indicate your acceptance of the Terms of the Agreement prior to receiving any Services from Provider.
BY UNDERTAKING EXCELL WORKSPACE IT SUPPORT, YOU ARE ACCEPTING AND AGREEING TO BECOME A PARTY TO AND BE BOUND BY THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) USE THE SERVICES. IF THIS AGREEMENT IS CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THIS A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN PROVIDER AND THE ENTITY YOU REPRESENT IN EXECUTING THIS AGREEMENT (“CLIENT” OR “YOU”). PLEASE CONTACT 020 3176 1030 FOR MORE INFORMATION.
Client acknowledges and agrees:
1. That the Client shall pay no fee in respect of the Services provided by Provider; and
2. That the essential purpose of this Agreement is to limit the liability of Provider in respect of the provision of Services, and that the charging of fees would be required if Provider were to assume any further liability other than as set forth herein.
Nothing in this Agreement shall limit or exclude Provider’s liability for:
1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2. Fraud or fraudulent misrepresentation;
3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
4. Defective products under the Consumer Protection Act 1987; or
5. Any matter in respect of which it would be unlawful for Provider to exclude or restrict liability.
Subject to Clause 2:
1. Provider shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or revenue, loss or inaccuracy of data, equipment downtime, business interruption or any indirect, incidental, punitive, exemplary, special or consequential loss or damages however arising under or in connection with the Agreement or the Services; and
2. Providers total liability to the Client in respect of all other losses arising under or in connection with the Agreement and the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1.
To the maximum extent permitted by applicable law:1. All warranties, whether express, implied or statutory, including but not limited to the warranty of merchantability, fitness for a particular purpose, title, quality, accuracy and non-infringement of third party rights, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement; and.
2. THE SERVICES ARE BEING PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.