Terms & Conditions of Business
DEFINITIONS
- Liv. Technology means Liv. Technology Ltd.
- "Services" means any consultancy, training, technical support or other service provided or supplied by Liv. Technology.
- "Products" shall mean any hardware or software supplied by Liv. Technology.
- "Hardware" means computer and peripheral parts including electronic devices but excluding any software.
- "Software" means both application software and system software.
GENERAL CONDITIONS
The following conditions apply to all contracts between the Customer and Liv. Technology unless any new contract made in writing specifically states otherwise. Any amendments to these conditions must be agreed in writing by a Director of Liv. Technology prior to delivery of any service or product.
Full ownership of any products shall remain with Liv. Technology until payment in full is made to Liv. Technology. Liv. Technology reserves the right to repossess or retain any product where payment remains outstanding after 30 days of supply. In the event of any retention or repossession of products by Liv. Technology any part payment or deposit made shall be forfeited to Liv. Technology.
By acceptance of these terms and conditions, the Customer grants to Liv. Technology the right to enter its premises to recover any products not paid for in full after 30 days of supply. Title to the product shall be retained by Liv. Technology even if the product shall have been incorporated into other products owned by the Customer or any other third party and Liv. Technology shall not be held responsible for any loss or damage caused by the removal of any product by Liv. Technology where payment remains outstanding by the Customer. The Customer shall act as trustee of any product supplied by Liv. Technology until full payment is made and the Customer shall be held responsible for any loss or damage upon receipt of the product.
Any deposit or part payment made to Liv. Technology in respect of any order for products or services shall be forfeited by the Customer if cancellation is made by the Customer prior to delivery and Liv. Technology shall recover from the Customer any additional loss incurred including without limitation an amount for time spent in providing the product or service.
The price charged by Liv. Technology shall be the price ruling at time of delivery and where this is at variance with any price previously quoted, the Customer shall receive notice prior to delivery. Liv. Technology shall not be bound by or to any price quoted in the event of any error or omission whatsoever.
Liv. Technology will make every effort to supply services or products by an agreed date but shall not be held responsible for any loss or damage caused to the Customer in the event of Liv. Technology not being able to meet the delivery date.
Liv. Technology shall not be held responsible for any loss or damage to the Customer where any product is supplied which is not compatible with any existing product held or owned by the Customer. The Customer accepts responsibility to notify Liv. Technology in writing of any and all existing hardware and software which may be affected by the supply by Liv. Technology of any product or service.
PAYMENT
Payment for goods and services is required prior to delivery unless account and credit facilities have previously been agreed in writing. Liv. Technology reserves the right to withdraw account facilities without notice.
Payment by the Customer shall include any amount of VAT being due. Payment is due as stated on the invoice. Liv. Technology reserves the right to charge the Customer interest at 4% pa above HSBC Bank base rate on any sum outstanding after due payment date as stated on the invoice or 30 days of supply.
Information we collect about you
Each time you visit the Website we may automatically collect any of the following information:
(a) technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, browser plug-in types and versions, operating system, and platform.
(b)information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
DELIVERY OF PRODUCT
Delivery shall be deemed to take place upon arrival of the product at the Customer's premises or by collection of the product from Liv. Technology premises or third party premises. The Customer undertakes to notify Liv. Technology of any omissions or defects within 48 hours of receipt of the product or service.
Where a product is supplied and tested by Liv. Technology whether at the Customer's premises or elsewhere, the Customer shall be required to sign an acceptance which shall be proof of satisfactory delivery. Where no such signature is provided, the Customer will have deemed to have accepted satisfactory delivery upon the use of the product.
LIMIT OF LIABILITY
The liability of Liv. Technology to the Customer shall not exceed the invoice amount except in respect of injury or death. Liv. Technology shall not be liable for any consequential loss or damage including any loss of profits or income and specifically the loss of any data which may be accidentally deleted by a Liv. Technology agent or employee. Due to the potential loss of data caused by power surges, hardware failure, software conflicts and other unforeseen causes, Liv. Technology cannot accept any responsibility for any such loss of data even where Liv. Technology have supplied any product (hardware or software) or where an employee or agent shall have assessed the Customer’s system and where in the opinion of Liv. Technology or its agents, there does not appear to be a potential for loss of data or system failure at the end of the century.
NOTE: IT IS THE CUSTOMER’S RESPONSIBILITY TO OBTAIN INSURANCE COVER FOR SUCH LOSS OR CONSEQUENCE OF SUCH LOSS.
DURATION OF CONTRACT
The contract between the Customer and Liv. Technology shall commence upon acceptance by Liv. Technology of an order to supply products or services, and/or a written authority to carry out work by the Customer and terminate upon delivery by Liv. Technology and full payment by the Customer except where a warranty agreement is in place when the liability of Liv. Technology remains until the expiry of such a warranty. The contract shall terminate immediately upon the bankruptcy, winding up or appointment of a receiver and Liv. Technology retain the right to enter the Customer premises and secure any goods not paid for in full.
ASSIGNMENT
Liv. Technology may assign its rights and obligations under the contract. The Customer may assign its rights and obligations upon written consent being given by Liv. Technology however the Customer remains responsible for full payment in the event that the assignee should default on its agreement with the Customer.
Transfers of Personal Information
The personal information that we collect from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA working for us, other members of our group or third-party data processors. Such staff may be engaged in, among other things, the provision of our services to you, the processing of transactions and/or the provision of support services. By providing us with your personal information you acknowledge and consent to any such transfer, storage, and processing.
We will always take steps to ensure that such transfers comply with applicable privacy laws, and we will take all reasonable precautions to ensure that your personal information is treated securely and in accordance with this privacy policy. However, you should be aware that countries outside the EEA may not offer the same level of protection for personal information as the United Kingdom.
SUPPLY OF HARDWARE
Where Liv. Technology provide the Customer with such information as may be required to enable the installation of hardware and the Customer fails to make the necessary provision for any such installation, Liv. Technology reserves the right to charge the Customer for any time and/ or expense incurred by Liv. Technology in attempting successfully or otherwise to make such an installation.
WARRANTY
With respect to any warranty provided by Liv. Technology, it is accepted by the Customer that such warranty will be negated if the hardware is not used in accordance with the manufacturers (including components manufacturers) recommendations. It is a condition of any warranty that the Customer maintains the facilities provided for any installation in good condition. Any failure to do so will result in the warranty being cancelled.
Where the hardware is supplied with a manufacturer's warranty, the Customer shall ensure that any such warranty documentation is completed and returned in accordance with the warranty terms and conditions to the manufacturer. Where such a warranty exists, it is the responsibility of the Customer to exercise its rights under the terms of the warranty directly with the manufacturer. A manufacturer’s warranty may cover parts and labour to fix or replace an item. However this does not include the reconfiguration time by Liv. Technology or the time taken by Liv. Technology to arrange the fix under the manufacturer's warranty. Our time would be charged to a fixed fee or rolling support contract or by invoice. If we arranged for a product to be returned to the manufacturer under a "return to base" warranty, the postage cost will be passed on, unless the manufacturer arranges the collection at their cost.
The Customer agrees not to allow any person to repair, maintain or otherwise effect any change to the product during any warranty period as any such involvement would automatically negate any warranty.
SUPPLY OF SOFTWARE
Liv. Technology shall not accept any responsibility for the use of any software supplied or make any commitment as to its suitability to the Customer. It is the Customer's responsibility to ensure that any software purchased either written by a third party or even by Liv. Technology is suitable and compatible with any existing software or hardware which the Customer may already own or use.
Liv. Technology shall not be held responsible for the misuse of or illegal copying of any software purchased from Liv. Technology. Where the software is written by Liv. Technology or its agents, the Customer is bound by any additional software agreement which may apply. The Customer accepts that the intellectual copyright or any other copyrights remain with Liv. Technology unless otherwise stated in an additional agreement and that the use of any software is restricted by the terms of any license agreement which may exist.
CONFIDENTIALITY
Liv. Technology and the Customer shall keep confidential any information obtained in respect of this contract and shall not divulge any information to a third party without the written consent of the other. Liv. Technology agrees to keep confidential all information obtained either directly or indirectly from the use of the Customer’s hardware or software at all times and will only divulge to a third party upon written consent by the Customer.
The Customer agrees not to discuss with any employee of Liv. Technology his/her employment or remuneration with Liv. Technology or attempt to encourage any employee of Liv. Technology to join their organization. Should an employee of Liv. Technology accept a position with a Customer whilst in the employ of Liv. Technology or within 90 days of leaving the employment of Liv. Technology, the Customer will pay Liv. Technology a recruitment fee of 20% of the annual salary being paid to the employee of Liv. Technology in the year prior to the employee leaving the employ of Liv. Technology.
THE LAW
This contract shall be governed by English law and subject to the exclusive jurisdiction of the English courts.