Standard Terms and Conditions
Below is the Standard Terms and Conditions, as used by Efficiency Solutions Limited, followed by the standard disclaimer, which details warranties and customer supplied equipment.
Please read this carefully. By accessing the Site, using our services or registering on the Site you will be agreeing to these terms and conditions set out below (these “This website – Legal Statements”).
Unless otherwise agreed in writing before work commences, between Efficiency Solutions Limited and the customer, these standard Terms and Conditions, apply to all work undertaken by Efficiency Solutions Limited on behalf of the customer. Non-exhaustive list of types of work carried out and explanation of terms:-
- Application and Technical Architectures
- The development, maintenance and governance of Application and Technical Architectures in alignment to Defined Business Strategies.
- Business/Systems Analysis
- Business Systems, Application and Software and/or Hardware, and/or System analysis, and diagnosis of existing and potential business or systems problems, improvements, usage impacts and cost/benefit analysis.
- Software and/or hardware, and/or system specification, based upon analysis of customer requirements input, environment, how used and needs.
- Supply of software and/or hardware, and/or system design(s), prototype(s) or production unit(s); including where appropriate – documentation, manual(s), spares kit(s), prototype(s) and production unit(s).
- Software writing to customer supplied specification of functional requirements, including user interaction methods if any, program function, program error reporting, environment and platform to be used in, language(s) to be used. Contracting of another specified function as agreed beforehand.
- Installation, cabling, setup and configuration of customer supplied equipment for customer’s application within one building on one site.
- Length of Day
- All work is charged at rates according to day (9:00 to 17:30), or half day, or by the hour. Work carried out outside the hours specified for a normal day, are classed as unsocial hours work, to be carried with prior agreement and booking at agreed/special rates. A day is classed as a normal working day, Monday to Friday, excluding UK Public Holidays.
- Efficiency Solutions Limited will hold joint copyright on all work carried out, however Efficiency Solutions Limited will not resell in any manner a complete copy of work carried out for a customer, only common parts (configurations/techniques/3rd Party software systems) of the work that could be used again.
- Terms of payment
- For customers with credit facilities, payment is on an invoice issuing basis at date of invoice, payable by cash, cheque, bankers draft or by BACS payment strictly within 21 days of Invoice Date. All other customers are required to pay 25%, as a first stage payment at time of order, remaining amount to be paid at job completion.
- Work involving design or supply of hardware requires a 20% minimum retainer payment with order, on top of any other prepayments regardless of credit status unless agreed differently.
- Late Payments
- We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
- The current rate of late payment interest is 8.5%, being: Bank of England base rate of 0.5%, and 8% statutory rate in accordance with the Late Payment Act 1998 (both rates being changeable).
We reserve the right to charge a late payment admin charge of £40.00 per invoice for invoices that are outstanding greater than 60 days.
- Commencement of work
- Work will commence at the prior agreed time and place between Efficiency Solutions Limited and the customer, by verbal agreement, by written agreement or upon receipt of Purchase Order(s). All work is then invoiced at an agreed schedule or by default monthly against written agreement or Purchase Order(s) supplied by the customer.
- Ownership of goods, services, or results of services is transferred to the customer upon receipt of all payments in full.
Unless described in exceptions section, all hardware is warranted for 12 months for production units and 6 months for prototypes unless stipulated differently by the hardware manufacturer, software is warranted for 3 months and services or results of services for 1 month. This applies only to the parts supplied by Efficiency Solutions Limited, and all warranties are voided, if the product is not as sold, modified by customer or parties acting upon the customer’s behalf, or the product is used or has suffered from use or events that it was not designed for, or beyond the control of the customer, such as third party software updates, and/or Efficiency Solutions Limited.
All warranties commence from the work date / supplied date detailed on the invoice to customer from Efficiency Solutions Limited.
Customer Specified/Supplied Equipment
Where work is carried out using equipment and/or software and/or procedures and/or facilities, supplied or at the instruction of the customer, which is then found to be faulty, all work carried out to identify and rectify the problem is chargeable in addition to any quote or order at the suitable rate to the customer. Whether directly instructed to carry this out or not by the customer, when this has to be carried out in order to complete the work for the customer.
All warranties on any such repairs, modifications and/or rectification of problems, are the responsibility of the customer to arrange with parties who actually perform said tasks.
This website – Legal Statements
Third Party Products, Services and Links
We provide hypertext links to third party Internet web-sites; such links are not an endorsement by us of any products or services in such web-sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. We have not verified the truth or accuracy of any content within such web-sites.
Nothing on this Website should be construed as a solicitation, an offer or a recommendation, to acquire or dispose of any investment or to engage in any other transaction, or to provide any investment advice or service.
Copyright, all rights reserved
The entire content of this Website is subject to copyright with all rights reserved and the information provided is for your personal use only. You may not download (all or in part), transmit or modify this Website without our prior permission. However, you may print out part or the entire Website for your own personal use.
Although we have taken all reasonable care to ensure that the information provided by any of our websites is accurate, we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness or completeness of any such information.
Opinions and any other contents at this Website are provided by us for personal use and informational purposes only and are subject to change without notice.
Nothing contained on the Website constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment or financial decision.
We will accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Site. This Website may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the site.
General and Governing Law
These conditions are liable to change without prior notice or notification.
All terms to be compliant with English Law as compliant at time of invoicing with the laws of England & Wales.
All statutory rights to be unaffected.