PLIXER - SCRUTINIZER   NTOP - NBOX & NPROBE
 
STORAGE
 
AREA
NETWORK
[SAN]
 
 
 
 
 
 
CLOUD COMPUTING
 
 
PRODUCT SOURCING
 
 
PROJECT SERVICES
 
 
 
 

 

1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in these conditions.
Contract: the Customer's order and the Supplier's acceptance of it in accordance with condition 3.3.
Customer: the person, firm or company who purchases Goods from the Supplier.
Goods: the product agreed in the Contract to be purchased by the Customer from the Supplier (including any part or parts of it).
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Software: A computer program or programs and, where appropriate, associated documentation.
Supplier: Info Stor Limited (Company Registration Number 06221886) whose registered office is situate C/O Chantrey Vellacott DFK LLP, 2nd Floor, 34 Clarendon Road, Watford, Herts, WD17 1LR.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
1.2 Condition headings do not affect the interpretation of these conditions.
1.3 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

2. APPLICATION OF CONDITIONS
2.1 Conditions marked with an asterisk (*) shall apply only to consumers, and for the purposes of such conditions a person shall be considered a consumer in accordance with the definition of s.12 of the Unfair Contract Terms Act 1977.
2.2 These conditions shall:
(a) apply to and be incorporated in the Contract; and
(b) prevail over any inconsistent terms or conditions contained in or referred to in the Customer's purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
2.3 No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding on the Supplier unless in writing and signed by a duly authorised representative of the Supplier.

3. BASIS OF SALE
3.1 Any quotation is valid for a period of 5 days only, and the Supplier may withdraw it at any time by notice to the Customer.
3.2 Each order or acceptance of a quotation for Goods by the Customer shall be deemed to be an offer by the Customer subject to these conditions. The Customer shall ensure that its order is complete and accurate.
3.3 A binding contract shall not come into existence between the Supplier and the Customer unless and until the Supplier issues a written order acknowledgement to the Customer, or the Supplier delivers the Goods to the Customer or installs them (whichever event occurs earlier).
3.4 Where necessary, the Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the applicable Contract. Each instalment shall be a separate Contract and no cancellation or termination by either party of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
3.5 No order which has been acknowledged by the Supplier may be cancelled by the Customer, except with the agreement in writing of the Supplier and provided that the Customer indemnifies the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.
3.6 * Where a Customer enters into a Contract with the Supplier over the telephone, the Info Stor website or by mail order, the Customer shall have the right to cancel in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”). Such rights of cancellation shall be exercised in accordance with clause 17 below.

4. QUANTITY AND DESCRIPTION
4.1 The quantity and description of the Goods shall be as set out in the Supplier's acknowledgement of order or (if there is no acknowledgment of order) quotation.
4.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues or brochures are issued or published for illustrative purposes only and they do not form part of the Contract.
4.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
4.4 The Supplier reserves the right (but does not assume the obligation) to make any changes in the specification of the Goods which are required to conform with any applicable legislation or, where the Goods are to be supplied to the Customer's specification, which do not materially affect their quality or performance. Where the Supplier is not the manufacturer of the Goods, the Supplier shall use reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer to the Supplier.
4.5 The Supplier's employees, contractors and agents are not authorised to make any contractually binding representations concerning the Goods. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which have not been confirmed in writing by an authorised officer of the Supplier.  However, nothing in these conditions limits the Supplier's liability for fraudulent misrepresentation.
4.6 Any advice or recommendation given by the Supplier or its employees to the Customer or, where applicable, its employees, contractors or agents about the storage, application or use of the Goods which is not confirmed in writing by an authorised officer of the Supplier is followed or acted on entirely at the Customer's own risk.

5. PRICES
5.1 All prices shall be as stated in the Supplier's acknowledgement of order. All prices are exclusive of delivery, packaging, packing, shipping, carriage, insurance, VAT and other charges and duties.
5.2 The price for the Goods is based on the rate prevailing at the date of the Supplier's acknowledgement of the order and the Supplier may increase the price to cover any increases due to market conditions (including, but not limited to, increases in foreign exchange rates relating to the Goods, or in labour, materials, supply or transportation costs) which affect the Supplier at the date of delivery.
5.3 The price of the Goods shall be the Supplier's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Supplier's price list current at the date of acceptance of the order.
5.4 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of such of the Goods as has not been delivered to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (including any foreign exchange fluctuation, currency regulation, alteration of duties, change in legislation, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

6. PAYMENT
6.1 Subject to any special terms agreed in writing between the Customer and the Supplier, the Supplier may invoice the Customer for the price of the Goods on or at any time after delivery and or installation of the Goods, unless:
(a) the Goods are to be collected by the Customer; or
(b) the Customer wrongfully fails to take delivery of the Goods,
and in either case the Supplier shall be entitled to invoice the Customer for the price at any time after the Supplier has notified the Customer that the Goods are ready for collection.
6.2 Payment shall be made within 30 days of the date of the Supplier's invoice, whether or not delivery has taken place to the Customer.
6.3 * Payment by Customers shall be required at the point of sale, and delivery will not be attempted in accordance with clause 7 below until such time as payment is received in cleared funds.
6.4 Time for payment of the price shall be of the essence of the Contract.
6.5 If the Customer fails to make payment in full on the due date, the whole of the balance of the price of the Goods then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to the Supplier, the Supplier may:
(a) terminate the Contract or suspend any further deliveries of Goods (whether ordered under the same contract or not) to the Customer;
(b) appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any other contract between the Customer and the Supplier) as it thinks fit (despite any purported appropriation by the Customer);
(c) charge interest on the amount outstanding from the due date to the date of receipt by the Supplier (whether or not after judgment), at the annual rate of 3% above the base lending rate from time to time of Lloyds TSB Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. The Supplier reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998;
(d) suspend all further manufacture, delivery, installation or warranty service until payment has been made in full.
(e) make a storage charge for any undelivered Goods at its current rates from time to time;
(f) stop any Goods in transit; and
(g) assume a general lien on all Goods and property belonging to the Business Customer, exercisable in respect of all sums lawfully due from the Business Customer to the Supplier. The Supplier shall be entitled, on the expiry of [14] days' notice in writing, to dispose of such Goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards the amount outstanding.
6.6 All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision of the Contract. This condition 6.6 is without prejudice to any right to claim for interest under the law, or any right under the Contract.
6.7 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
6.8 Where the Supplier extends terms of credit to a Customer for Goods, the Goods shall remain the property of the Supplier and title in the Goods shall not pass to the Customer until such time as all outstanding monies under the Contract are received by the Supplier in cleared funds, notwithstanding that installation may have already taken place in accordance with the terms of the Contract.
6.9 The Supplier reserves the right to request payment in advance of despatch of Goods depending on the status of the Customer.

7. DELIVERY OF GOODS AND ACCEPTANCE
7.1 The Supplier shall use its reasonable endeavours to deliver the Goods on the date or dates specified in the Supplier's acknowledgement of order, but any such date is approximate only. If no dates are so specified, delivery shall be within a reasonable time of acceptance of the order. Time is not of the essence as to the delivery of the Goods and the Supplier is not liable for any delay in delivery, however caused.
7.2 The Goods may be delivered by the Supplier in advance of the quoted delivery date.    Deliveries are performed by a third party on behalf of the Supplier, and it may not always be possible to advise where Goods are to be delivered in advance of the quoted delivery date, and the Supplier accepts no liability should Goods be delivered early.
7.3 Delivery shall be made during normal business hours (excluding bank or public holidays). The Supplier may levy additional charges for any deliveries made outside such hours at the Customer's request, and unless agreed otherwise the Customer should refer to the Supplier’s website for delivery rates, http://www.info-stor.co.uk/index.php.
7.4 The Customer shall be responsible (where necessary subject to clause 8 and at the Customer's cost) for preparing the delivery location for the delivery of the Goods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods. If the Supplier is prevented from carrying out delivery or installation on the specified date because no such preparation has been carried out, the Supplier may levy additional charges to recover its loss arising from this event.
7.5 The Customer shall be deemed to have accepted the Goods when the Customer has inspected and signed for it and has not exercised in writing its right of rejection in accordance with condition 11.
7.6 The Supplier shall be responsible for any damage, shortage or loss in transit, provided that the Customer notifies it to the Supplier (or its carrier, if applicable) within three days of delivery or the proposed delivery date of the Goods and that the Goods have been handled in accordance with the Supplier's stipulations. Any remedy under this condition 7.6 shall be limited, at the option of the Supplier, to the replacement or repair of any Goods which are proven to the Supplier's satisfaction to have been lost or damaged in transit.

8. INSTALLATION
8.1 Where the Supplier agrees to install or configure any Goods, the Customer shall:
a) provide, for the Supplier, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer's premises, office accommodation, data and other facilities as requested by the Supplier;
b) provide, in a timely manner, any material and other information as the Supplier may request to facilitate the installation and ensure that it is accurate in all material respects;
c) be responsible (at its own cost) for preparing and maintaining the relevant premises for the installation of the Goods, including identifying, monitoring, removing and disposing of any hazardous materials from any of its premises in accordance with all applicable laws, before and during the installation of the Goods at those premises; and
d) inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Customer's premises.
8.2 If the Supplier's performance of its obligations under a Contract is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay

9. INSPECTION AND TESTING OF GOODS
Where the Supplier shall install any Goods, the Supplier shall:
(a) test and inspect the Goods on installation to ensure that it complies with the requirements of the Contract; and
(b) if so requested by the Customer, give the Customer reasonable advance notice of such tests (which the Customer shall be entitled to attend).

10. SOFTWARE LICENCE
10.1 If the Supplier refers to a software licence in the Contract or acknowledgment of order, the price of the Goods includes the licence fee for the Customer's right to use the Software.
10.2 If the Customer is provided with any operating system software licence in respect of the Software, the Customer shall sign and return it to the Supplier within seven days of installation of the Software, unless the licence has been supplied on a "shrink-wrap" or "click-wrap" basis.
10.3 If no Software licence has been provided to the Customer, the Customer hereby accepts a non-exclusive, non-transferable licence to use the Software on the following conditions:
(a) the Customer shall not copy (except to the extent permissible under applicable law or for normal operation of the Goods), reproduce, translate, adapt, vary or modify the Software, nor communicate it to any third party, without Supplier's prior written consent;
(b) the Customer shall not use the Software on any Goods other than the Goods or other equipment as designated in the Contract, and shall not remove, adapt or otherwise tamper with any copyright notice, legend or logo which appears in or on the Software on the medium on which it resides;
(c) such licence shall be terminable by either the Supplier or the Customer on 28 days' written notice, provided that the Supplier terminates only if the continued use or possession of the Software by the Customer infringes the developer's or a third party's rights, or the Supplier is compelled to do so by law, or if the Customer has failed to comply with any term of the Contract; and
(d) on or before the expiry of this licence, the Customer shall return to the Supplier all copies of the Software in its possession.

11. WARRANTY
11.1 The Supplier warrants to the Customer that Goods manufactured or installed by the Supplier are free from material defects of workmanship and materials. The Supplier undertakes (subject to the remainder of this condition 11), at its option, to repair or replace such Goods (other than consumable items) which are found to be defective as a result of faulty materials or workmanship within 7 days of delivery and/or installation.
11.2 The Supplier shall not be liable for a breach of the warranty contained in condition 11.1 unless:
(a) the Customer gives written notice of the defect to the Supplier within seven days of the time when the Customer discovers or ought to have discovered the defect; and
(b) after receiving the notice, the Supplier is given a reasonable opportunity of examining such Goods and the Customer (if asked to do so by the Supplier and where able, other than in the case of installations) returns such Goods to the Supplier's place of business for the examination to take place there.
11.3 The Supplier shall not be liable for a breach of the warranty in condition 11.1 if:
(a) the Customer makes any use of the Goods in respect of which it has given written notice under condition 11.2(a); or
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(c) the Customer alters or repairs the Goods without the written consent of the Supplier.
11.4 Where the Goods supplied by the Supplier are sold with the benefit of a manufacturer’s warranty, any claims for defective Goods should be addressed in the first instance to the Supplier, who will provide the Party with the necessary details to pursue an exchange with the manufacturer.
11.5 Any repaired or replacement Goods shall be under warranty for the unexpired portion of the 7 day period.
11.6 The Supplier shall not be liable for any damage or defect to the Goods caused by improper use of the Goods or use outside its normal application.

12. RETURNS
12.1 Where a Customer believes the Goods to be faulty the Supplier will, subject to testing to verify any alleged fault, accept the return of defective goods for a full refund or replacement at its discretion.
12.2 The Supplier will not accept the return of any non-faulty Software once the shrink-wrap has been removed.
12.3 The Supplier will not accept the return of any non-faulty Goods once any protective wrapping or seals have been removed or broken.
12.4 * The rights of return provided for in the Regulations and referred to in clauses 17.3 to 17.5 below do not apply where the Customer has removed any manufacturer’s protective shrink wrapping or broken any manufacturer’s seals.

13. REMEDIES
13.1 The Supplier shall not be liable for any non-delivery of Goods (even if caused by the Supplier's negligence) unless the Customer notifies the Supplier in writing of the failure to deliver within two days after any scheduled delivery date.
13.2 Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods.
13.3 If the Supplier's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer (other than by reason of a Force Majeure Event under condition 18), the Customer shall be liable to pay to the Supplier all reasonable costs, charges or losses sustained by it as a result, subject to the Supplier notifying the Customer in writing of any such claim it might have against the Customer in this respect.
13.4 In the event of any claim by the Customer under the warranty given in condition 11.1, the Customer shall notify the Supplier in writing of the alleged defect. The Supplier shall have the option of testing or inspecting the Goods at its current location or (where possible) moving it to the Supplier's premises (or those of its agent or sub-contractor) at the cost of the Supplier. If the Customer's claim is subsequently found by the Supplier to be outside the scope or duration of the warranty in condition 11, the costs of transportation of the Goods, investigation and repair shall be borne by the Customer.

14. LIMITATION OF LIABILITY
14.1 The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees) to the Customer in respect of:
(a) any breach of the Contract; and
(b) any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the Contract.
14.2 All warranties, conditions and other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.
14.3 Nothing in these conditions excludes or limits the liability of the Supplier for:
(a) death or personal injury caused by the Supplier's negligence; or
(b) fraud or fraudulent misrepresentation.
14.4 Subject to condition 14.2 and condition14.3:
(a) the Supplier shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss or corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price payable for the Goods under condition 5.

15. INTELLECTUAL PROPERTY RIGHTS
15.1 If the Supplier manufactures the Goods, or applies any process to it, in accordance with a specification submitted or prepared by the Customer or any other information provided by the Customer, the Customer shall indemnify and keep indemnified the Supplier against all losses, damages, costs, claims, demands, liabilities and expenses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) awarded against or incurred by the Supplier in connection with, or paid or agreed to be paid by the Supplier in settlement of, any claim for infringement of any third party Intellectual Property Rights which results from the Supplier's use of the Customer's specification or such other information. The indemnity shall apply whether or not the Customer has been negligent or at fault and does not limit any further compensation rights of the Supplier.
15.2 The Customer acknowledges that all Intellectual Property Rights used by or subsisting in the Goods and shall remain the sole property of the Supplier or (as the case may be) third party rights owners.
15.3 The Supplier shall retain the property and copyright in all documents supplied to the Customer in connection with the Contract and it shall be a condition of such supply that the contents of such documents shall not be communicated either directly or indirectly to any other person, firm or company without the prior written consent of the Supplier.
15.4 The Supplier's Intellectual Property Rights in and relating to the Goods shall remain the exclusive property of the Supplier or third party rights owners (as the case may be), and the Customer shall not at any time make any unauthorised use of such Intellectual Property Rights, nor authorise or permit any of its agents or contractors or any other person to do so.
15.5 In relation to Software:
(a) the Customer acknowledges that it is buying only the media on which the software is recorded and the accompanying user manuals;
(b) nothing contained in these conditions shall be construed as an assignment of any Intellectual Property Rights in the Software or user manuals; and
(c) the Customer shall be subject to the rights and restrictions imposed by the owner of the Intellectual Property Rights in the Software and user manuals, and shall comply with all licence agreements, terms of use and registration requirements relating to them.

16. CONFIDENTIALITY AND SUPPLIER'S PROPERTY
16.1 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Supplier or its agents, and any other confidential information concerning the Supplier's business or its products which the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Customer's obligations to the Supplier, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.
16.2 All materials, Goods and tools, drawings, specifications and data supplied by the Supplier to the Customer shall at all times be and remain the exclusive property of the Supplier, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier's written instructions or authorisation.
16.3 This condition 16 shall survive termination of the Contract, however arising.

17. TERMINATION
17.1 Without prejudice to any other right or remedy available to the Supplier, the Supplier may terminate the Contract or suspend any further deliveries under the Contract without liability to the Customer and, if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary if:
(a) the ability of the Customer to accept delivery of the Goods is delayed, hindered or prevented by circumstances beyond the Customer's reasonable control; or
(b) an order is made or a resolution is passed for the winding up of the Customer, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the Customer; or
(c) an order is made for the appointment of an administrator to manage the affairs, business and property of the Customer, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Customer, or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
(d) a receiver is appointed of any of the Customer's assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the Customer, or if any other person takes possession of or sells the Customer's assets; or
(e) the Customer makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way, or becomes bankrupt; or
(f) the Customer ceases, or threatens to cease, to trade; or
(g) the Customer takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
17.2 Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive or implicitly surviving termination.
17.3 * Where a Customer enters into the Contract in such a manner as to give rise to rights under the Regulations, and subject to clause 12.4 above, they shall have the right to cancel the Contract within [14] days.
17.4 * Where a Customer elects to cancel the Contract in accordance with clause 17.3 they shall, at their own expense, return the Goods within a reasonable time in the original packaging and in a saleable condition to the Supplier or such other location as the Supplier directs. 
17.5 * The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with their obligation under clause 17.4.
17.6 No refund will be applied to the Customer until the returned Goods are received.

18. FORCE MAJEURE
The Supplier reserves the right to defer the date of delivery, or to cancel the Contract or reduce the amount of Goods ordered, if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors (Force Majeure Event).

19. GENERAL 
19.1 A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
19.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
19.3 If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
19.4 Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement other than as expressly set out in the Contract.
19.5 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
19.6 The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
19.7 The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
19.8 Any notice required to be given pursuant to this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address of the party as set out in these conditions, or such other address as may be notified by one party to the other. A notice delivered by hand is deemed to have been received when delivered (or, if delivery is not in business hours, 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
19.9 The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
19.10 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

TERMS OF WEBSITE USE

 

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.info-stor.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US
http://www.info-stor.co.uk is a site operated by Info Stor Limited ("We").  We are registered in England and Wales under company number 06621886 and have our registered office at C/O Chantrey Vellacott DFK LLP, 2nd Floor, 34 Clarendon Road, Watford, Herts, WD17 1LR.  Our main trading address is 17 Prince Street, Watford, Hertfordshire, WD17 2NY. Our VAT number is 934 4316 30.
We are a limited company.

ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy as shown below.
You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy www.info-stor.co.uk/privacy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply as shown above.

UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy as shown below.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy as shown below.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy as shown below.
If you wish to make any use of material on our site other than that set out above, please address your request to legal@info-stor.co.uk.

LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These terms of use are governed by English law.

VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact legal@info-stor.co.uk.
Thank you for visiting our site.

 

 

WEB SITE ACCEPTABLE USE POLICY 

 

This acceptable use policy sets out the terms between you and us under which you may access our website http://www.info-stor.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use as shown above.
http://www.info-stor.co.uk is a site operated by Info Stor Limited (we or us).  We are registered in England and Wales under company number 06621886 and we have our registered office C/O Chantrey VEllacott DFK LLP, 2nd Floor, 34 Clarendon Road, Watford, WD17 1LR.  Our main trading address is 17 Prince Street, Watford, Hertfordshire, WD17 2NY. Our VAT number is 934 4316 30.

PROHIBITED USES
You may use our site only for lawful purposes.  You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as shown below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use as shown above.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards.
(interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use as shown above upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.