terms and conditions
All our services are rendered subject to the following conditions. They shall prevail over any terms put forward by the customer unless we expressly agree otherwise in writing. None of our servants or agents has authority to orally agree any variation or addition to these conditions or any contract to which they apply.
1. Whilst we will always do our utmost to provide a quick and reliable service, unless otherwise agreed in writing by us, supply dates or periods are indicative only and time is not of the essence of any contract to which these conditions apply. We are not liable for any loss, direct or indirect, which may arise from delay and any provisions for penalties for delay are excluded from any order.
2. If for any reason beyond our control, including, but not limited to Acts of God, fire, flood, civil unrest, power cuts, unforeseen Internet threats or viruses, we are unable to fulfil either the whole or part of any order, we may cancel the unfulfilled order or part-order and shall have no further liability to the customer; the customer shall pay for any part of the services provided. If it reasonably appears to us commercially uneconomic to provide for a contingency or to resolve a matter which prevents or delays performance of any order, this shall be deemed a reason beyond our control.
3. Unless expressly otherwise agreed by us, payment for our services is required by return from the date of invoice. Invoices are sent with returned work. Time of payment is of the essence. If payment is tendered while further payments are due to us from the customer for other services supplied by us, we may in our discretion apply the whole or part of the payment in discharge of the indebtedness arising from that other supply. The customer is liable for all costs lawfully expended or incurred by us in recovering money due from the customer. Interest is payable on overdue accounts including such costs of recovery at 2% per calendar month.
loan of equipment
4. Upon termination for whatever reason of the contractual relationship between us and the customer [or the earlier expiry of the loan period therefore agreed] digital dictation machines loaned by us to the customer must be returned to us forthwith and in the condition and state of repair they were in when first received by the customer. We require a deposit of £250.00 per machine before its release to the customer. The deposit will be refunded upon safe return to us of the machine in the agreed condition. For as long as the machine is in the custody of the customer, the customer will be strictly liable for any damage to or loss of it and we shall be entitled to deduct from the deposit and retain the amount of damages due to us as a result of such damage or loss without prejudice to any claim we may have against the customer in excess of the amount deposited.
5. Neither we nor our servants or agents will disclose or use or attempt to disclose or use any of the customer’s secrets or confidential information which my come to our knowledge or the knowledge of our servants or agents during or in connection with the performance of any contract to which these conditions apply.
6. We accept no liability for whatever reason and on whatever grounds for the following loss or damage howsoever caused and whether foreseeable or contemplatable:-
a) economic loss which shall include loss of profits, business revenue, goodwill and anticipated savings;
b) damages in respect of special, indirect or consequential loss or damage (other than expenses or direct physical damage to tangible property of the customer, caused by our negligence or that of our agents or sub-contractors);
c) any claim against the customer by any other party.
7. By employing our services, the customer warrants that the customer and the customer’s servants and agents are and will at any time be protected against all known Internet security and virus threats by appropriate anti-virus software and the customer will be fully liable without limitation for any loss and damage incurred by us as a result of breach of this warranty by the customer or any of the customer’s servants or agents.
8.1 Where we have entered into a contract with the customer for a term in excess of 1 month we may terminate such contract by giving the customer not less than 7 days written notice.
8.2 We may by written notice forthwith terminate any contract with the customer if the customer fails to comply with any of its obligations thereunder and such termination shall be without prejudice to any claim for damages or compensation we may have against the customer for such non-compliance.
Law and Jurisdiction
All our contracts with customers are governed by English law and subject to the jurisdiction of English Courts.