Hill Data Systems Limited Terms and Conditions of Business

Last Updated 26th May 2012

1. Definition of terms used within this document

1.1. “Seller”, ”We”, ”Hill DS”, ”HDS” and “Hill Data Systems” refers to Hill Data Systems Limited of 39 Oldfield Road, Salisbury, SP1 3GQ which is registered in England no 07326216.

1.2. “Customer”, “Buyer”, “you” refers to any person, organisation or other legal body which purchases goods or services from, or sells goods or services to, Hill Data Systems.

1.3. “time bank” refers to the total number of hours of pre-paid support purchased by a customer in advance of support work being undertaken by Hill Data Systems.

1.4. “Task”, “Call”, "Ticket", “Support Ticket” is any piece of work carried out at the request of the customer and includes, but is not limited to, helpdesk calls, troubleshooting, configuration tasks and research on behalf of the customer.

1.5. "Subscription", "Subscription Item", "Subscription Service" is any service or product - other than a credit agreement or extended payment plan - for which the customer pays a fixed fee on a regular basis for use of the service (whether that be monthly, annualy or any other regular interval.) Examples of Subscription Services include, but are not limited to monthly or annual backup services.

2. Service & Support

2.1. Normal hours of support are 08:30 to 17:00 Monday to Friday (excluding public holidays)

2.2. Out-Of-Hours support will be provided outside of the hours stated in 2.1 above only if possible and either by prior written agreement and/or at additional cost.

2.3. Support requests should be made via the current support telephone number(s), e-mail address(es) or web link(s) on the Hill Data Systems Limited website.

2.4. Raising support requests to any other telephone number or e-mail address may result in a delay in addressing the issue.

2.5. All support calls and queries will be logged and given a unique call reference number (ticket reference)

2.6. All Support Requests will be responded to as soon as possible.

2.7. 95% of requests will be responded to within 1 hour during the support hours as laid out in 2.1 above.

2.8. Support requests will be resolved (Fixed) as soon as possible, estimates of timing will be provided on request.

2.9. 95% of support requests will be resolved within 8 business hours.

2.10. Hill Data Systems Limited operate a support request prioritisation policy whereby the most urgent issues will be resolved first, regardless of customer. This will rarely result in delays, but you will be notified if a delay is likely.

2.11. Response and Fix times are subject to the normal support hours of Hill Data Systems Limited.

2.12. The Customer will provide as much information as is possible in order to assist with resolving the issue. Hill Data Systems can not be held accountable for delays resulting from The Customer witholding relevent information or providing incorrect/incomplete information.

2.13. It is the Customer’s responsibility to notify Hill Data Systems of any new equipment and/or users that are required to be supported.

2.14. Hill Data Systems reserves the right to amend support pricing if the Customer’s network or supported equipment varies from those originally agreed.

2.15. Support requests will initially be investigated remotely.

2.16. In the unlikely event that a resolution cannot be found remotely, or that an on-site visit is deemed necessary by Hill Data Systems Limited then a suitable time and date will be arranged with The Customer for an on-site visit.

2.17. Customers without any other agreement with Hill Data Systems are considered to be using the “Ad-Hoc Support Plan”.

2.18. Ad-Hoc Support Plan

2.18.1. Customer support requests using the Ad-Hoc plan will be treated as lower priority than support requests on any other support plan.

2.18.2. Remote support is charged at the current standard Ad-Hoc Support Plan rate for each minute (or part thereof) per support technician.

2.18.3. On-site support is subject to a minimum charge equivelant to two hours of chargable time.

2.18.4. Additional on-site support is charged at the current standard Ad-Hoc Support Plan rate for each 15 minutes (or part thereof) per support technician.

2.18.5. Work carried out will be invoiced on a task-by-task basis as each task is completed.

2.19. Monthly Support Plans

2.19.1. The Customers’ normal monthly renewal date is one calendar month from the last renewal, or first subscription during the first month of support.

2.19.2. We will do our best to resolve any IT issue or answer any IT query as quickly as possible.

2.19.3. We strive to resolve 95% of support calls within 2 hours.

2.19.4. We do not support Mac or Linux computers on Monthly price plans. Please contact us if you would like us to supply support for such devices.

2.19.5. Shoul The Customer use all of their monthly support hours in any given month then addtional support during that month will be charged at the prevailing ad-hoc support rate

2.19.6. Hours do not “roll-over” from one month to the next unless previously agreed in writing with Hill Data Systems Limited.

2.19.7. There is no minimum subscription or contract to sign, you may cancel at any time. Please note that no refund will be given after 48 hours from time of first purchase.

2.19.8. On-Site work is charged at the prevailing ad-hoc support rate for On-Site support unless previously agreed in writing with Hill Data Systems Limited.

2.19.9. Support hours are consumed on a per minute basis.

2.19.10. Hill Data Systems will notify the Customer as soon as possible if they approach their monthly support limit in any given month.

2.19.11. The Customer may switch to a different Monthly Plan at the time of renewal (once a month)

2.19.12. Although we do not require full knowledge of your network in order to provide support on these plans, by providing as much information as possible, we can reduce the amount of time it takes us to resolve issues.

2.20. Other Pre-Pay Support Plans

2.20.1. Remote support will be taken from the pre-paid bank of time purchased, in advance, by the customer. Time will be debited from the time bank on a minute by minute basis.

2.20.2. On-Site work is charged at the prevailing ad-hoc support rate for On-Site support unless previously agreed in writing with Hill Data Systems Limited.

2.20.3. The customer will be notified when their pre-paid time has nearly been used.

2.20.4. Once the customer’s pre-paid time has reached zero hours remaining, further support will be provided at the prevailing Ad-Hoc support rate until further time has been purchased.

2.20.5. Pre-paid hours must be paid for in advance of use, and any time purchased will only be added to a Customer’s time bank once funds have cleared.

2.21. Unlimited Remote Support Plan

2.21.1. Remote support will not be chargeable, but will be logged and time used monitored.

2.21.2. On-Site work is charged at the prevailing ad-hoc support rate for On-Site support unless previously agreed in writing with Hill Data Systems Limited.

2.21.3. Hill Data Systems reserves the right to move a Customer to a Ad-Hoc scheme if it feels the Customer is using excessive support time over the course of 3 consecutive months.

2.21.4. Hill Data Systems will notify the Customer if it deems the support usage is excessive before the end of the second month of excessive usage and will attempt to work with the Customer to resolve the issue.

2.21.5. “Unlimited Remote Support” must be paid for in advance or in monthly instalments. Support will not be provided if any payment has not cleared or is late.

3. Title of Goods

3.1. Goods shall remain the property of Hill Data Systems Limited until all payment has been received in full and any contractual obligations fulfilled.

3.2. In addition to 3.1, goods shall remain the property of Hill Data Systems Limited until any contractual or leasing obligations have been completed in full. This includes the fulfilment of any relevant time scales or payment of interest.

4. Payment terms

4.1. Hill Data Systems Limited shall be entitled to invoice for goods on the date of shipment.

4.2. For account customers Hill Data Systems Limited terms are that the buyer shall pay the sellers invoice within 14 days of the invoice date, unless otherwise agreed in writing.

4.3. Non-account orders and special orders must be paid to the full invoice amount before the goods are ordered. Payment must be made via cleared funds or credit card.

4.4. If an account is not settled within 14 days Hill Data Systems Limited reserves the right to decline to deliver any further goods or services until settlement is received.

4.5. For subscription orders, initial payment must be made in full before the service will commence.

4.6. Recurring subscription fees must be made in full before the anniversary date (due date) or the service may be suspended and/or interest charged on the overdue amount.

4.7. Repeated late payment may may result in the termination of the service.

4.8. If the Customer cancels their subscription within 30 days of starting the subscription, payment will be refunded in full.

4.9. Unless agreed otherwise, subscription services can be cancelled at any time the customer.

4.10. Subscription fees will not be refunded on cancellation after te first 30 days of service.

5. Customer incentives

5.1. All incentives are offered at the discretion of Hill Data Systems Limited and subject to withdrawal without prior notification.

5.2. Incentive schemes may be subject to special terms and conditions, copies of which will be made available on request.

5.3. All decisions regarding incentives shall be made by Hill Data Systems Limited and are not subject to dispute or appeal.

6. Order Acceptance

6.1. All orders must be e-mailed to sales@hilldatasystems.co.uk on official headed paper with an accompanying purchase order number signed by the appropriate ordering authority.

6.2. The official cut off times for orders requiring next day delivery is 1200 hours Monday to Friday. Orders received over the course of weekends or public holidays will be processed on the next working day.

6.3. All orders will be dispatched in accordance with order details. Any shortfalls within an order will be notified to the customer giving an estimated delivery forecast for the order balance, where possible.

6.4. Hill Data Systems Limited shall not be held liable for deliveries where a third party fails to meet deadlines.

6.5. We reserve the right to decline any order for any reason.

6.6. Hill Data Systems Limited may at any time substitute another product to fulfil the function required if the original is unavailable or discontinued.

7. Delivery

7.1. If your goods fail to arrive within 28 days of dispatch, you will have the option of either a full refund or a replacement shipment.

7.2. Where an incorrect address has been given to Hill Data Systems Limited with the order we reserve the right to charge for any extra carriage costs incurred.

7.3. Please contact us to request a copy of the latest details of our postage charges.

8. Returns

8.1. If your goods arrive faulty or damaged, or a fault becomes apparent in the first 14 days after delivery, we will either provide a full refund or dispatch new goods as soon as possible after the faulty goods have been returned, subject to identification of the fault falling within the product warranty.

8.2. If the goods are not faulty you have 7 days from the day after the date of invoice to cancel the order and return the goods for a refund. A refund will be provided within 30 days of no less than 50% of total value to cover costs.

8.3. All goods must be returned in working order, in an as supplied condition, including any accessories, manuals, chargers, software and packaging. No refund will be available for goods returned not in this condition, unless agreed in writing by Hill Data Systems Limited or its representatives.

8.4. Goods that are special order cannot be returned if not required.

8.5. Any goods returned to Hill Data Systems which satisfy 8.2, 8.3 and 8.4 will be eligible for a refund less 50% restocking fee.

9. Warranty

9.1. The goods shall be covered by the manufacturer’s standard warranty terms and provisions and shall not be less than 12 months from date of delivery.

9.2. Hill Data Systems can not be held liable for any loss caused by incorrect configuration of any product, application or service supplied.

9.3. It is the Customer's responsibility to ensure all required data and files are backed up and that these back ups are regularly tested.

10. V.A.T

10.1. All prices listed on the site and in any correspondence exclude V.A.T unless stated otherwise.

11. Pricing

11.1. Whilst we endeavour to ensure the prices on our web site and in our communications are as accurate as possible, we reserve the right to change a price in exceptional circumstances. If a price is corrected due to exceptional circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.

11.2. If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer to process the order at cost price or the opportunity for the customer to cancel the order.

11.3. Prices on orders for out-of-stock or pre-release items are valid for one week after the order is placed. When stock becomes available, should the actual price differ from that which was quoted, then the customer will be informed of the change before payment is processed and offered the opportunity to cancel the order.

11.4. Prices for subscription items are subject to change. Customers will be notified of a change in subscription price no less than 14 days before the price is changed.

12. Business Customers

12.1. If you are a business or if the goods are used wholly or in part for business purposes, we shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for death or personal injury.

12.2. If you have a credit account with us payment is due 14 days after the date of our invoice and we may charge interest for late payment calculated daily at 4% above Bank of England rate both before and after judgment.

12.3. If you wish to open a business account please contact us on 0844 824 1918.

13. General

13.1. These terms are governed by the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.

13.2. The above policies are part of our commitment to high quality service and supersede all previous terms and conditions. They do not affect your statutory rights as a consumer.

13.3. Backup products are supplied by third parties and subject to the terms and conditions of the backup service provider (normally, but not limited to, LiveDrive.com or Backup Direct). The Customer is advised to read and agree to the relevent terms and conditions of service of the third party. These terms and conditions can be found on the service providers individual websites.

14. How to make a complaint

14.1. Write to us at: Hill Data Systems Ltd 39 Oldfield Road, Salisbury, Wiltshire SP1 3GQ Please include your name, address and contact number.

14.2. If you’re not happy with the way we’re handling your complaint, please contact us and let us know why you’re not happy and we will do all we can to resolve the matter for you.

15. About your consumer rights

15.1. Get free advice from your local citizens advice bureau (CAB), consumer advice centre, local-authority trading standards or consumer protection department. You'll find their contact details in the local telephone directory or ask at your town hall or local-authority offices.

16. Revision of terms

16.1. These Terms and Conditions are subject to change, revision and alteration without prior notification.