Schedule B – Terms and Conditions
The Support Service
1.1 The Contractor shall use all reasonable efforts to provide the support service and shall at the customer’s reasonable request provide such services in accordance with the level of support paid for by the Customer.
1.2 The Contractor shall publish and cause to be staffed during the Period of Support a telephone number to which all requests for support service under this Agreement shall be made.
1.3 The Contractor shall use all reasonable efforts to respond to calls within the response time defined on the equipment schedule.
1.4 The support service includes equipment repair or replacement coverage , both parts and labour on a collection or carry in basis in UK.
1.5 The Contractor shall provide telephone Hotline support for the operating system and standard Apple applications during the Contract term.
1.6 The contractor shall provide Theft and Accidental damage Insurance cover as specified in Schedule C.
Terms and Conditions
In this agreement the following definitions shall apply :-
"Commencement date" means Start Date on front page
"Equipment means the equipment described in Schedule A to be supported by the Contractor and any additions and changes thereto agreed between the Contractor and the Customer from time to time.
"Period of Support" means 9.00a.m. until 5.00p.m. Excluding weekends and Public Holidays.
2. PERIOD OF CONTRACT
The contract shall come into force on the commencement date and is to cover the System and updates as specified on Schedule A and shall remain in force unless terminated by the Customer in accordance with the provisions of Clause 9 hereof.
3. SCOPE OF THE AGREEMENT
3.1 The Contractor shall be responsible for providing the support service described in Schedule B according to the provisions of this Agreement and the Customer shall pay to the Contractor all sums due to the Contractor for provision of the support service.
3.2 The support service will be provided during the Period of Support. Any Service which the Contractor agrees to provide at the Customer’s request outside this period will be charged at the Contractor’s current rates.
3.3 Albion (the contractor) shall not be liable for any delay or failure to carry out their obligations which are caused wholly or partly by strikes or any other labour disputes, fire, war, accident, Government action, Internet failure or any other cause beyond their controls.
4. RESPONSIBILITIES OF THE CUSTOMER
During the Term of this Agreement the Customer shall:-
4.1 Operate, use and generally treat the equipment in a prudent and proper manner and carry out minor Support routines or instructions as called for from time to time by the Contractor or set out in the Equipment manufacturer’s handbook.
4.2 Not use any materials and supplies expressly prohibited by the Contractor when operating the Equipment or carrying out minor Support routines and in any event shall only use those materials and supplies that meet accepted industry standards as to suitability and compatibility.
4.3 Comply with all Health & Safety requirements and with all rules and regulations and other requirements imposed by any competent authority. The Contractor shall not be liable for any damage to the Equipment or for any losses, costs or expenses whatsoever arising out of any failure by the Customer so to do.
4.4 Data back up is strongly recommended, as Albion cannot be held responsible for any data loss during a repair
4.5 During the Contract term the safe keeping of any loan equipment provided by the Contractor is entirely the responsibility of the customer.
5.1 The Customer shall pay to the Contractor within 30 days from the Invoice date the annual support service charge in Schedule A and any agreed additions. The support service charge shall apply in respect of each item of Equipment calculated from the Commencement Date of that item.
5.2 The Contractor shall have the right, without prejudice to any other right or remedy, to suspend any part of the support service if the Customer upon fourteen (14) days written notice fails to make payments hereunder or fails to perform any other part of the Customer’s obligations.
5.3 If a fault is found to be due to incorrect operation the Contractor shall be entitled to invoice the Customer at its current standard rates for all work undertaken in relation to such a fault.
5.4 In the event of you employing an Albion engineer you will be invoiced 25% of the engineers salary.
6. SERVICE LIMITATIONS
6.1 The Contractor is under no obligation to respond to requests for the support service outside the Period of Support.
6.2 The Contractor shall not be obliged to furnish Maintenance Service if :-
i) Adjustment, repair or parts replacement is required because of accident, neglect, misuse and transportation not caused by the Contractor, failure or fluctuation of environmental conditions, use of supplies and materials which the Contractor has notified the Customer may hamper the proper operation of the Equipment, or causes other than normal use.
ii) Rectification of faults is required due to communication services provided by other suppliers.
6.3 The provision of the Repair Service does not include: –
i) Electrical or environmental work external to the Equipment.
ii) Providing accessories, supplies or operating materials (e.g. print heads, printer paper, ribbons, toners, fuser units, developer units, drum units, transfer units, consumables, etc.);
iii) Service coverage is not available for battery depletion of 50% or less from original specification.
6.4 The Supported Products are not used in accordance with the instructions of the manufacturers or Albion Computers plc;
6.4.1 The Supported Product is altered modified or converted by the Customer or a third party;
6.4.2 A malfunction in the system resulting from a malfunction of a third party’s or the Customer’s software;
6.4.3 The Supported Product is no longer a version or release that is generally supported by Albion Computers plc.
6.5 Software support is limited to the Operating system and Apple branded Applications only.
6.6 The Contractor reserves the right to terminate this Agreement or refuse to provide the support service when in the Contractor’s reasonable opinion conditions at the Equipment location represent a hazard to the health and safety of the Contractor’s personnel.
The Contractor warrants that the support service will be performed by persons exercising skills appropriate to their function. The Contractor undertakes to remedy free of charge to the Customer any faulty work undertaken by the Contractor which is demonstrated to result from serious failure to exercise such skills and which is reported to the Contractor in writing within one (1) month. Provided the Contractor rectifies such work within a reasonable period of time the Contractor shall have no other obligation of any kind arising from such work.
8. LIMITATION OF LIABILITY
8.1 To the extent that it results from negligence of the Contractor and subject to Clause 8.3 the Contractor shall indemnify the Customer against liability for personal injury (including death) or for direct physical damage to the Customer’s tangible property.
8.2 The Contractor shall not be liable for any indirect or consequential losses, damage, injury, costs or expenses of any kind whatsoever including without limitation the losses consequent on loss of profits or of contracts.
8.3 The Contractor’s total liability under or in connection with this Agreement and any other Agreement with the Customer where liability arises from the same incident or incidents (whether in contract, tort or otherwise) is limited in respect of each event or series of connected events to :-
i)£1Million in respect of physical damage to or loss of tangible property.
ii)In any cause not falling within (i) above (not excluding negligence resulting in death to which no limit applies) the lesser of£100,000 or the current Support charge for the year in which the liability arises.
9.1 If :- (I) either party fails to comply with the provisions of this Agreement and does not rectify such non-compliance within thirty (30) days receipt of written notice thereof;
ii) either party shall convene any meeting of creditors or pass a resolution for winding up (except in the case of an amalgamation or reconstruction) or if either party shall have a petition for winding up presented (except as aforesaid)then the other party may give written notice to the offending party terminating this agreement with immediate effect.
9.2 Notice of termination given by either party shall be without prejudice to any of its rights or remedies and without any liability for loss or damage suffered by the other party.
9.3 If any invoice for this service remains unpaid 30 days after its due date, the Contractor may without further notice or prejudice to other remedies, suspend and/or disable the Service, at its option, and/or terminate this Agreement. Termination for non-payment does not relieve the Customer of its responsibilities under this Agreement, including the responsibility to pay all fees up to the next anniversary of the commencement date.
9.4 The contract can be terminated on the anniversary of the commencement date by either party giving atleast 1 months prior notice in writing by recorded delivery.
No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of the Agreement shall either be deemed to be a waiver or in any way prejudice any right of that party under the Agreement. Any waiver to be effective must be in writing.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from circumstances beyond the party’s reasonable control.
This agreement shall be construed and interpreted in accordance with the Laws of England.
13. PREVIOUS CORRESPONDENCE
This Agreement supersedes any and all previous proposals and agreements, oral or written between the parties relating to the support service to be provided and no other terms or conditions shall be included or implied unless agreed upon in writing and signed by an authorized officer of the parties to the Agreement.
If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of the Agreement shall not be affected.
Headings have been included for convenience only and shall not be used in construing any provision herein. This Agreement may only be modified by a written agreement duly signed by persons authorized on behalf of the Customer and the Contractor.
ALBION COMPUTERS PLC ALL RISKS POLICY WORDING
This Policy is underwritten by UK General a trading name of UK Underwriting Limited on behalf of Ageas Insurance Limited, Registered in England No.354568. Registered Office: Ageas House, Tollgate, Eastleigh, Hampshire, SO53 3YA.
Ageas Insurance Limited and UK General are authorised and regulated by the Financial Services Authority (FSA). This can be checked on the FSA’s register by visiting the FSA’s website at www.fsa.gov.uk/register
Understanding Your Policy
Please read this policy carefully and make sure you understand fully and comply with it’s terms and conditions, failure to do so may jeopardise the payment of any claim which might arise and could lead to the policy becoming void.
The insurer will provide the Insurance described in this policy for the period of cover that is shown in the policy schedule and for any subsequent period which the insurer and you may agree.
This policy will not be in force unless the correct premium has been received and it has been agreed by an authorised official of the insurer and confirmation sent to you with the policy schedule. The policy contains details of the Insurance cover you have bought, what is excluded from cover and the terms and conditions of this Insurance.
Your attention is drawn to the following:
Changes in Your circumstances
The policy has been issued based upon information which you have given to the insurer about yourself and your equipment. You must tell the insurer immediately of any changes to this information including any change of address. You must also notify the insurer if you, or anyone living with you, have been convicted of handling stolen goods, fraud, forgery, robbery, theft or if you have been declared bankrupt. If you do not reveal any relevant information the consequences may be that the policy is void and any claim you have, may be invalidated.
Your legal rights
This Insurance is in addition to your legal rights and is not to be substituted for the supplier’s liability if the equipment is found to be unfit for the purposes for which they were intended, or are not as described or are not of satisfactory quality.
You have a duty to be truthful and honest in any information that has been provided in your application and throughout the life of the policy. It is your responsibility to provide complete and accurate information to the insurer on a proposal form, claims forms and other documents throughout the life of the policy and when you make a claim. If you do not reveal any relevant information the consequences may be that the policy is void and any claim you have, may be invalidated. Please note that in respect of claims, we will not accept any changes to the claim form after its original submission.
We hope you are happy with the cover this policy provides. However, if after reading this policy, this insurance does not meet with your requirements, please return it to CompuCover c/o the administrator within 30 (thirty) days of issue and we will refund your premium in full.
The insurer shall not be bound to accept renewal of any Insurance and may cancel the Policy by sending written notice to you by registered post at the address stated in the policy schedule at least 14 days before such cancellation takes effect.
If the insurer cancels this policy, subject to no successful claims being made by you during the period of cover and provided the premium has been made in full, you will be entitled to a refund of the proportionate part of the premium corresponding to the un-expired period of cover.
Any word or expression to which a specific meaning has been attached will bear the same meaning throughout the policy and will appear in bold.
Administrator means Summit Insurance Services Limited whose address is The Robbins Building, Albert Street, Rugby, CV21 2SD. Customer Services telephone number: 01788 563100, claims telephone number 01788 563111.
Equipment means the computer, ancillary computer hardware and standard software that are identified in the policy schedule. Standard software means an operating system or an application program which is generally available for retail sale and can be replaced by means of purchasing a copy of it without the need for individual reprogramming or program writing. Only equipment of UK specification may be insured under the policy.
Insured Event means damage to, or the theft, accidental damage or destruction of, all or part of the insured equipment.
Proposal means any signed application and declaration together with any supporting information you may have supplied in support of your application for insurance.
Insurance means the proposal, Policy and policy schedule. Period of cover means the period between the start date and end date stated on the policy schedule. Policy Schedule means the written confirmation received from the administrator confirming your details and the equipment the subject of this policy.
Policy Year means the 12-month period commencing on the date of issue or renewal of a Policy and, in the case of a certificate for more than one year, means each 12-month period of insurance cover commencing on the anniversary of such issue/renewal.
Total Insured Value means the maximum amount that can be claimed in any policy year as stated on the policy schedule.
The Territorial Limits means the United Kingdom of England, Wales, Scotland, Northern Ireland, the Channel Islands, or the Isle of Man and includes any other country in which you are temporarily present with the equipment, provided that you are resident within these territorial limits.
Terrorism means any act, including but not limited to the use of force or violence or the threat thereof, of any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or government, committed for political, religious, ideological or similar purposes, including the intention to influence any government and/ or to put the public or any section of the public in fear.
Unattended means when not within your sight and control at all times and out of your arms length reach.
You/Your/Yourself means the insured named on the policy schedule. We/Us/Insurer means UK General on behalf of Ageas Insurance Limited.
WHAT IS INSURED
If an Insured Event occurs within the territorial limits as a result of any cause that is not
excluded by this policy, the insurer will, as its sole discretion:
a) Pay the cost of the repair of the equipment by a qualified repair engineer authorised by the insurer; or replace the equipment with new equipment of a similar specification.
b) The insurer will use reasonable endeavours to replace the equipment with equipment of an identical specification but is not obliged to do so where this is not possible.
c) The insurer is not liable for the payment of Value Added Tax (VAT) where you are registered with HM Revenue and Customs for VAT.
d) The insurer will only pay for carriage costs within the UK. You must pay for any additional carriage costs if the equipment needs to be collected and/or delivered outside the UK.
e) Subject to any other limit of liability stated in the policy, the total liability of the insurer in any policy year will not exceed the total insured value and, in respect of any item of equipment, will not exceed the total insured value of such item of equipment.
1. Claims Notifications & Requirements
In order to make a claim, you or your personal representative, must:
a) Within 14 days of the occurrence of the insured event, notify the administrator in writing;
b) submit a claim form to the administrator; and
c) in the event of loss by theft, or where you have reason to believe a criminal offence has been committed, notify the police and obtain a police crime number.
You must also:
a) Take precautions to prevent further damage to the equipment (the insurer will not be liable for any further damage resulting from the continued use of equipment before the equipment has been repaired to the satisfaction of the insurer)
b) Retain any damaged equipment or parts thereof; and
c) when requested to do so, and within 14 days of receiving such request, deliver to the administrator a written statement of all reasonable particulars and details of the equipment affected, its value and the insured event and furnish all such documents, explanations and other evidence as may be reasonably required by the insurer.
Unless all of the terms of this condition (as detailed above) are complied with, a claim under this policy will not be payable.
UK General and the administrator are insurers agents and in the matters of a claim act on behalf of the insurer.
2. Other Insurances
If, at the time a claim arises or is made, any other insurance exists for the benefit of you covering the insured event (or which would, but for the existence of this policy, cover the insured event) the insurer will only be obliged to pay its rateable proportion of the sum due under this policy. In such circumstances, you or the other insurers must pay to the insurer the sum payable under the other insurance(s) prior to the repair or replacement of the equipment under this policy or, at the option of the insurer, you/other insurers and the insurer may pay their respective contributions direct to the repair company or supplier nominated by the insurer.
3. Other Precautions
You shall take all reasonable precautions to prevent the occurrence of an insured event. This includes handling or using the equipment as set out in the manufacturer’s handbook issued with the equipment.
The insurer or its representatives shall have the right at all reasonable times to have access to the equipment.
5. Alteration & Modification
You shall notify the insurer of any proposed alterations or modifications to the equipment and of any proposed departure from the normal working conditions in which the equipment is operated.
If a claim arises as a result of the act or default of a third party, at the request and expense of the insurer you shall take and permit to be taken in its name all necessary steps to enforce its rights against any such third party.
The insurer will not be liable to replace or repair equipment under this policy unless you have duly complied with all of the terms and conditions contained in this policy that apply to it.
If the insurer has accepted a claim and any difference arises in connection with the replacement or repair of equipment, such difference shall be referred to an independent arbitrator to be appointed by the parties in accordance with the relevant statutory provisions being in force at that time.
If this happens, the arbitrator must make a decision before you can take any legal action against the insurer. The arbitration proceedings shall take place in the United Kingdom and be subject to the law of England and Wales.
9. Policy Voidable
This policy shall be voidable in the event of;
a) Misrepresentation, mis-description, or non disclosure by you of any information relating to this Insurance and/or Claim.
b) Unless otherwise agreed by the insurer in writing, this policy shall be avoided in respect of any equipment which is altered after the commencement of this policy in such a way that the risk or the occurrence of an insured event is increased.
c) Your interest in the equipment cease.
You must not act in a fraudulent manner. If you or anyone acting for you make a claim under the policy knowing the claim to be false or fraudulently exaggerated in any respect, or make a statement in support of a claim knowing the statement to be false in any respect, or submit a document in support of a claim knowing the document to be forged or false in any respect, or make a claim in respect of any loss or damage caused by your wilful act or with your connivance then the insurer:
i) Will not pay the claim
ii) Will not pay any other claim which has been or will be made under the policy
iii) Will be entitled to recover from you the amount paid under the policy since the last renewal date
iv) May at the option of the insurer declare the policy void
v) Will not make any refund
vi) May inform the police of the circumstances
11. Special Terrorism Provision
Notwithstanding Exclusion 6 below, this policy covers an insured event occurring with in the territorial limits occasioned by or happening through or in consequence of terrorism. The insurer’s total liability under the policy (or if more than one policy has been issued, across all policies) in respect of all losses arising out of one occurrence of terrorism, subject to all other provisions of this policy including those relating to any contribution by you (or contributions, if more than one policy have been issued), shall not exceed the lower of £100,000 (one hundred thousand pounds) in the aggregate or the sum of the limits of liability stated in all policies, if more than one policy has been issued.
This policy may only be relied on and enforced by you and the insurer and shall not be directly or indirectly enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13. Governing Law
This policy shall be governed by and construed in accordance with the Law of England and Wales unless the insured’s habitual residence (in the case of an individual) or central administration and/or place of establishment is located in Scotland in which case the law of Scotland shall apply.
EXCLUSIONS – THIS INSURANCE DOES NOT COVER
1.Inherent defects, wear and tear etc.
Damage to or destruction of the equipment caused by
a) its own defective design materials or workmanship
b) latent defect, gradual deterioration or wear and tear
c) faulty or defective workmanship, operational error or omission on your part or any person using the equipment with your express or implied consent
d) corrosion, rust, condensation or evaporation, dampness, dryness, dust or change in temperature
e) mechanical or electrical breakdown or derangement caused by the equipment itself; and
f) scratching, abrasion, change in colour, texture or finish of the equipment casing provided that this provision shall not exclude such damage or destruction which itself arises from an insured event which is not excluded.
g) handling and/or use of the equipment that is not in accordance with the manufacturer’s instructions as set in their handbook supplied with the equipment.
2.Unattended Equipment The occurrence of an insured event whilst the equipment is left unattended:
a) in a vehicle, unless the equipment was:
i) in the locked boot of a saloon car; or
ii) concealed under the rear parcel shelf of a locked hatchback car; or
iii) concealed in the spare wheel or other closed compartment of a locked estate car; and the vehicle was forcibly entered and proof of such forcible entry is provided on making a claim; or
b) in the open air, in a public place or in any outbuilding.
3. Intentional acts
An insured event occurring as a result of
a) intentional act or wilful neglect by you; or
b) intentional or reckless overloading of, or the imposition of any abnormal conditions on, the equipment.
c) handling and/or use of the equipment that is not in accordance with the manufacturer’s instructions as set in their handbook supplied with the equipment.
4. Use by others An insured event occurring whilst the equipment is in the custody of a third party. In this
exclusion, third party means;
a) if you are a private individual, anyone other than you or a member of your immediate family normally resident at the address shown in the policy schedule;
b) if you are an educational establishment (including a school, college or university), anyone other than your registered employees or students authorised to use equipment; and
c) if you are a company, partnership, governmental authority, public or private sector organisation, charity or club, anyone other than a registered employee of you.
5. War Risk Subject to Exclusion 6 below, an insured event occurring as a result of war, invasion acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalism or requisition or destruction or damage to property by or under the order of any government or public or legal authority.
An insured event:
a) subject to the special terrorism provision above, United Kingdom of England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle Man occasioned by or happening through on consequence directly or in directly of terrorism; and
b) in Northern Ireland occasioned by or happening through or in consequence directly or indirectly of
i) Civil Commotion or
In any action, suit or other proceedings where the insurer alleges that by reason of this exclusion and insured event is not covered by this policy or is covered only up to a specified limit of liability), the burden of proving that such insured event is covered (or is covered beyond that limit of liability) will be on you.
7. Nuclear risk
Damage or destruction caused by, contributed to or arising from:
a. ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or
b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or component thereof.
8. Sonic boom
Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.
9. Loss of Data Any loss of or damage to information or data contained in or stored on the equipment
(whether arising as a result of the insured event or otherwise).
10. Consequential loss
Any consequential loss or damage arising from the insured event or from any cause whatsoever. Consequential loss shall include, but not be limited to, any financial loss or the cost of business interruption arising from the loss of use of the equipment, or the loss of information contained in or stored on the equipment, any time and cost involved in reinstating such information and any liability to any third party for delay or non performance of any contract with the third party. Consequential loss shall also include loss of use of any item of equipment (not itself subject to an insured event) due to its incompatibility with any item of equipment repaired or replaced pursuant to this policy.
11. Guarantees Any amount that is recoverable upon the occurrence of an insured event at no expense
to you under any guarantee, warranty, maintenance, rental hire or lease agreement.
Summit Insurance Services Limited is committed to maintaining a high standard of professional conduct in all dealings with customers. It is the intention to give you the best possible service but if you do have any questions or concerns about this insurance or the handling of a claim you should follow the Complaints Procedure below:
The contact details are:
Summit Insurance Services Limited
The Robbins Building
Albert Street Rugby
Tel: 01788 563115
In all correspondence please state that your insurance is provided by UK General Insurance Limited and quote scheme reference 02306. If your complaint cannot be resolved by the end of the next working day, Summit Insurance Services Limited will pass it to:
Customer Relations Department UK
General Insurance Limited
Old Mill Business Park
Tel: 0845 218 2685
If it is not possible to reach an agreement, you have the right to make an appeal to the Financial Ombudsman Service. This also applies if you are insured in a business capacity and have an annual turnover of less than €2million and fewer than ten staff.
You may contact the Financial Ombudsman Service at:
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, Docklands, London, E14 9SR. Tel: 0845 080 1800. The above complaints procedure is in addition to your statutory rights as a consumer. For further information about your statutory rights contact your local authority Trading Standards Service or Citizens Advice Bureau.
Ageas Insurance Limited is covered by the Financial Services Co mpensation Scheme (FSCS). You may be entitled to compensation from the scheme, if they cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim with no upper limit. You can get more information about compensation scheme arrangements from the FSCS or visit www.fscs.org.uk.
Data Protection Act
Please note that any information provided to us will be processed by us and our agents in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims, if any, which may necessitate providing such information to third parties.
To help us improve our Service, we may record or monitor telephone calls.