Terms and Conditions for Cardonet IT Services

Terms and Conditions

Please take the time to read the Cardonet business terms and conditions, as well as our website terms and conditions with care prior to using our services or website.

By doing business with us or by continuing to use our website, you signify your assent to these terms.

Definitions

  • “Customer” means a legal entity (otherwise referred to as “you”) who enters into a Contract with us to buy Goods or Services other than for private use.
  • “Cardonet” means “Cardonet Limited”, “Cardonet Consultancy Ltd”, “Cardonet UK IT Services Ltd”, and “Cardonet COMM IT Solutions Ltd” also referred to as “we” or “us” in these terms and conditions.
  • “Contract” means any Contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
  • “Goods” means any Goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
  • “Force Majeure” means any cause affecting the performance by Cardonet of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third-party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
  • “Normal Working Hours” means 9am to 5pm on a Working Day.
  • “Working Day” means Monday to Friday, excluding Bank or other Public holidays.

Orders

  • All Contracts of sale made by Cardonet shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Cardonet is dealing.
  • All Orders are subject to acceptance and to the availability of the Goods ordered: Cardonet is entitled to refuse any order placed by you.
  • All software is sold subject to the software publisher's end-user licence agreement (EULA), the terms of which the Customer agrees to adhere to.
  • Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
Cancellation of Orders
  • Once the Order is placed, it cannot be cancelled. In some cases, at our discretion, we may agree to accept back new, unopened Goods for 20% restocking fee plus carriage costs.

Prices and Payment

  • Goods and services are invoiced at the price prevailing at the time of acceptance of the Order. VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with the law.
  • Cardonet reserves the right to modify the prices from time to time.
  • When you submit an Order, you will be notified of any additional costs including shipping and installation costs.
  • Payment is due prior to shipment unless you have been approved for credit. Our standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed by us in writing beforehand.
  • If you fail to make any payment due to us by the due date for payment, then we may charge you interest on the overdue amount at the rate of 3% per annum above the Bank of England's base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
  • Payment in advance for Orders to be delivered in the UK mainland may be made by bank transfer or cheque.

Delivery, Title and Risk

  • Cardonet shall use reasonable endeavours to despatch Goods by the date agreed with the Customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the Customer and advise of the delay.
  • Cardonet does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 48 hours of receipt of the delivery.
  • Customers are required to be able to accept the Goods when they are ready for delivery within Normal Working Hours.
  • Delivery is deemed to take place when the Goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
  • Title in the Goods does not pass to the Customer until payment is received in full by Cardonet.
  • If the Customer cannot accept delivery, Cardonet may at its option:
    • store and ensure the Goods at the Customer's expense and risk or
    • re-arrange delivery provided that Cardonet may charge the Customer for the additional delivery costs incurred.
  • The Customer may request a Proof of Delivery, provided that this request is made in writing within 30 days of the date of delivery and Cardonet shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
  • Upon delivery of the Goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Cardonet shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

Product Specifications

  • If Cardonet cannot supply the Goods ordered by the Customer, Cardonet reserves the right to offer Goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative Goods offered, he or she may cancel the Order and require the refund of any money paid to Cardonet in respect of that Order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

Warranties and Returns

  • Cardonet is committed to providing our Customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
  • Unless otherwise stated in the manufacturer's documentation, all Goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
  • No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. Please note Software Licences are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
  • In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact us immediately that you become aware of the defect, ensuring that you have the item’s serial number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods, which are termed ‘dead on arrival’ meaning that the Goods are found to be faulty either on delivery or very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant manufacturer’s returns policy. In the event that a manufacturer’s returns policy applies we will not charge you for the collection of the Defective Goods. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
  • If Goods become faulty more than 30 days after delivery then you are advised to contact the manufacturer and use their warranty procedure. Unless otherwise stated in the manufacturer's documentation, all Goods carry a manufacturer's warranty. We will refer you to the manufacturer who will deal directly with the return. All warranties provided under these Terms shall be invalidated if the Goods have been worked upon, altered or damaged in any way by you or your employees or agents, or if the Goods have not been used in accordance with the manufacturer's instructions. You should note that certain Goods have a reduced warranty period. In particular, Goods specified as ‘refurbished’ are only subject to a 3-month warranty from the date of delivery.

Cardonet's Liability

  • In dealings with its Customers, Cardonet shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the Goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Cardonet's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

Force Majeure

  • We shall not be liable to you or be deemed to be in breach of Contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control.
  • If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.

WEEE Regulations

  • For all Goods sold in the UK which fall under the WEEE Regulations, the Customer shall ensure they follow the Producer (manufacturer) directions for disposal and recycling thereof. Cardonet shall not be responsible for any costs thereof. Such directions can be found either accompanying the Goods or on the manufacturers' website.

General

  • If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
  • Any waiver of a breach of this Agreement must be in writing.
  • Any variation of this Agreement must be in writing and signed by a duly authorised Cardonet official.
  • The headings are for convenience only and shall not affect the interpretation of this Agreement.
  • Any notices given under this Agreement shall be in writing and sent
    • by first class pre-paid post to the last known address of the party; or
    • by fax to their last known fax number; or
    • by e-mail to the last notified e-mail address of the party.
  • These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
  • Cardonet may at its discretion record telephone transactions for staff training and quality control purposes.

Please take the time to read the Cardonet website terms and conditions with care prior to using our website.

By continuing to use our website you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use our website.

Basis of Agreement

Your use of our website is subject to these conditions, which we may amend from time to time. By using our website, you are deemed to accept these conditions without modification by you. If you do not agree with these conditions then you are not authorised to continue to use our website.

Use of our Website

  • We grant you the right to access our website for your personal and non-commercial use. You may for your own use only, view, copy and print out materials included on it, except for any source code.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our website or its' contents.
  • You warrant to us that you will not use our website for any purpose that is unlawful or prohibited, or not authorised by these conditions.
  • Any links to other websites have been included for convenience only and Cardonet accept no responsibility or liability for the contents of, or any loss or damage caused or alleged to be caused by or in connection with use or reliance on the content of, any linked website. The inclusion of any link does not imply endorsement by Cardonet of any linked website or its provider.
  • Whilst every care is taken to ensure that the information displayed on our website is correct, no warranty or representation is given to its quality, accuracy, fitness for purpose, usefulness or completeness.

Intellectual Property Rights

You acknowledge that the copyright in and all other intellectual property rights in our website and its' contents, except as provided by these conditions, you will acquire no rights to the website or its contents.

Viruses

Whilst we will take reasonable steps to exclude viruses from our website, we cannot guarantee such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safeguards against viruses before accessing our website and its contents.

Our Obligations and Disclaimer

We may at any time and for any reason correct without liability any typographical, clerical or other error or omission in the information contained on our website. We also reserve the right to make amendments and/or improvements of or to the website at any time.

Matters beyond our control

If we cannot provide you with access to our website in accordance with these conditions because of something beyond our reasonable control, including (without limitation) act of God, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including telecommunications and internet service providers) or acts of local or central Government or other competent authorities, we will not be liable to you as a result.

Privacy Policy

This is a general audience web site, intended for users of all ages. Personal information of all users is collected, used and disclosed. Discover more by reading our comprehensive privacy policy ».

General

  • These conditions constitute the entire agreement between you and us relating to your use of our website, supersede any previous agreement or understanding and may not be varied by you. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
  • You acknowledge that we may modify these conditions at any time for any reason.
  • In these conditions words importing gender include each other gender; references to persons include bodies corporate, firms and unincorporated associations and the singular includes the plural and vice versa.
  • The headings in these conditions are included for convenience only and shall not affect their interpretation.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on our website.
  • These conditions are subject to the laws of England and Wales and you agree for our benefit to submit to the exclusive jurisdiction of the English Courts.
  • Use of our website is unauthorised in any jurisdiction that does not give effect to any provisions of these conditions.

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Cardonet
7 Stean Street London, E8 4ED
Phone: 020 7837 2444
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