ASPAN Solutions Ltd

Terms & Conditions of Trade

1. Preliminary
a. All and any business undertaken, including any advise, or information given, or service provided whether gratuitously or not by ASPAN Solutions Ltd of Unit 14, Baddow Park, West Hanningfield Road, Great Baddow, Chelmsford, Essex, CM2 7SY, hereinafter called ‘the Company’ is transacted subject to the conditions hereinafter set out and each Condition shall be deemed to be incorporated in and be a Condition of any agreement between the Company and its customers.
b. In these Terms and Conditions of Trading (hereinafter called ‘the Conditions’) the ‘Company’ means and (unless the context precludes the same), includes the Company’s servants, agents, and any person or persons supplying services or goods under any contract with the Company. ‘Customer’ means any person or persons who contracts for the goods or services of the Company and includes the Customer’s servants or agents.
c. "Working days" means Monday to Friday, excluding Bank or other Public holidays
d. Where the Conditions laid out by the Company’s Customers conflict with the Conditions of the Company it will be deemed that the Company’s Conditions are final.
e. No agent of or persons employed by or under contract with the Company has any authority to alter or vary in any way these Conditions unless previously expressly authorised to do so by the Company in writing.
f. If any legislation is compulsorily applicable to any business undertaken, these Conditions, shall as regards to such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the Company of any of its rights, or immunities, or as an increase of any of its responsibilities or liabilities under such legislation and if part of these Conditions be repugnant to such legislation to any extent such part shall as regards to such business be void to that extent but no further.
g. 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.
h. In no case whatsoever shall any liability of the Company however arising and not withstanding any lack of explanation exceed the value of the relevant goods and/or services or £1000 which ever is less. The company shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss.
i. All agreements between the Company and its Customers shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.
j. Any waiver of a breach of this Agreement must be in writing.
k. Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) after system confirmation of e-mail delivery.
l. The company reserves the right to change or amend these terms and conditions at any time and without prior notice
m. The company may at its discretion record telephone transactions for staff training and quality control purposes.
n. These conditions may only be varied with the express written agreement of the Company.
o. The headings are for convenience only and shall not affect the interpretation of this Agreement.

2. Prices
a. Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
b. The company reserves the right to modify the prices at any time without prior notice.

3. Ordering
a. All contracts of sale made by the company shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom the company is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the distance selling Distance Selling Consumer Protection Cancellation of Contracts away from Business Regulations: 1987.
b. All goods ordered through one of the company’s websites are subject to acceptance by the company. The company may reject the order for any reason.
c. The company may cancel any order at any time if the company believes the order is fraudulent, criminal or affects the physical or financial security of the company.
d. Website Hosting, Application Hosting, Email service provision and Domain Name Registration is provided with a minimum term of 12 months. Renewal of hosting agreements will be initiated automatically to be made at the end of the 12 month period. All agreement renewals are for a minimum term of 12 months. Cancellation of agreements must be placed in writing. Cancellation of renewal must be provided in writing with minimum of one months notice before the renewal date.

4. Terms of Payment
a. All sums shown to be due to the Company on its invoices sent to the Customer shall be paid to the Company immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counterclaim, or set-off.
b. All goods remain the property of the Company until full payment has been received for the goods from the Customer.
c. Where the invoice is not paid partially or in full the customer will be charged at 5% above the Barclays Bank Plc lending base rate for late payment.
d. The company requires payment in full at the point of order unless otherwise stated by the company in writing.
e. All payments made to the company which are rejected by the companies’ bank will be fined a sum of 5% of the value of the payment or £25.00 which ever is greater.
f. Cancellation of services must be made in writing and will be accepted without reduction in charge.
g. Full payment of outstanding invoices owed to the company will be required prior to the release of domain names or website data or programming.

5. Warranty
a. All goods supplied by the company are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
b. Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, the company does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
c. No software on which seals have been broken can be returned. If any software discs are faulty they will be replaced by the manufacturer. Please note Software Licences are non returnable.
d. No product or service that has customised for the customer can be returned.
e. In the event that the company, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with company’s prior agreement within 5 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or £30, whichever is the greater.
f. The company will not accept return of any goods or services unless the goods or services are faulty.
g. Where the goods or services do not match the requirements of the customer, the goods or services may not be returned unless the company has charged for the consultation or advice and guaranteed as such in writing.
h. The Company will not be held responsible for any damage to property, person or persons using any product or service of the Company, which was caused by misuse or in contradiction with the guidelines laid out by the Company for the use of the goods or services supplied.
i. All Contracts will become void or terminated, without reduction in charges, if any person or persons not employed by or contracted by the Company carries out work on the goods or services supplied by the Company, without prior agreement in writing by the Company.
j. All work carried out under contract which is deemed by the Company to be due to the Customer’s misuse of any of the Company’s goods or services will be charged for in the normal manor, in addition to any charges made prior to the occurrence.
k. All returned goods must be accompanied by the companies RMA number which can be obtained by contacting the company on 0786 612 9728. Returned goods will not be accepted without an RMA number. The RMA number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
l. Subject to testing in order to verify any alleged fault, we will accept the return of defective products for full refund or replacement, if, but only if, the goods are returned within 14 days of purchase.
m. The companies Technical Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection of the product, or request that you return the product to us directly. Authorised product returns must be sent to: ASPAN Solutions Ltd, Unit 14, Baddow Park, West Hanningfield Road, Great Baddow, Chelmsford, Essex, CM2 7SY.
n. The company cannot accept liability for packages damaged during transit. It is the Customer's responsibility to package the product adequately to prevent damage.
o. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.
p. On receipt of the returned product, we will test it to identify the fault you have notified to us. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be the responsibility of the customer.
q. This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
r. Unless otherwise stated in the manufacturer's documentation, all goods delivered to UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to expedite a resolution of your problem, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.
s. Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore the company will only accept a return within 14 days of purchase or the manufacturer's time limit if it is less than 14 days.
t. All work carried out under contract which is deemed by the Company to be due to the Customer’s misuse of any of the Company’s products or services will be charged for in the normal manor, in addition to any charges made prior to the occurrence.

6. Force Majeure
a. No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any terrorist activity, war, threat of war, military invasion, military coup, riot, civil unrest, industrial dispute, change of government, act of God, flood, earthquake, adverse weather conditions, fire, natural or nuclear disaster, wilful damage, or other cause beyond such party's reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party's financial condition or negligence).

7. Errors and Omissions
a. The company makes every effort to ensure that all prices and descriptions quoted in its documentation and on its website are correct and accurate. However it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, the company will be entitled to rescind the contract, not with standing that it has already accepted the Customer's order, and the companies’ liability in that event will be limited to the return of any money the Customer has paid in respect of that order.
b. A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by the company which is more than 10% less than the price that would have been quoted had the mistake not been made.

8. Product specifications
a. The company makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that the company cannot supply the goods ordered by the Customer, the company reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to the company in respect of that order to be refunded.
b. Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (a pixel stuck on or off) are accepted as inevitable. Accordingly, because the manufacturing yield of perfect active matrix panels is very low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen, as the company has to adhere to the manufacturer's guidelines stating that a limited number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

9. The Consumer Protection (Distance Selling) Regulations 2000
a. Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the companies’ websites are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
b. If the Regulations apply, Customers may cancel goods purchased from the company by sending a notice of cancellation by post or hand delivery to ASPAN Solutions Ltd, Unit 14, Baddow Park, West Hanningfield Road, Great Baddow, Chelmsford, Essex, CM2 7SY, or by fax (0870 622 0746) or e-mail.
c. The notice of cancellation must be delivered within 7 days of the date of delivery of the goods.
d. The Customer will be responsible for the cost of returning the goods. If the Customer does not actually return the goods to the company, the Customer is under a duty to make the goods available for collection from the address to which they were delivered.
e. The Customer is under a duty to retain possession of the goods whilst they are awaiting return to the company and to take reasonable care of them during this period.

10. Health and Safety
a. In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, the company confirms that the goods it supplies do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

11. Trade names and Trade Marks
a. Trade names and marks (other than the companies) are not always indications of manufacturers but may also be indicative of general use systems and machines associated with such products. In the case of component purchases, Customers requiring a particular brand of product should check with the company the manufacturer of component it is proposed to supply.

12. Anti-Spam Policy
a. The company specifically does not authorize the use of its proprietary computers, servers, routers and computer network (the “Solfa Network”) to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to the customer.
b. It is also a violation of the companies’ policy, and the law, to send or cause to be sent to, or through, the Solfa Network email that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. The company considers such email to be unlawful and a violation of our policy, and any attempt to send or cause such email to be sent to, or through, the Solfa Network is unauthorized. Moreover, any email relayed from a third party's mail servers without the permission of that third party, or any email that hides or obscures, or attempts to hide or obscure, the source of an email also constitutes an unauthorized use of the Solfa Network. Email sent or caused to be sent to the Solfa Network that violates Solfa Network policy is also unauthorized.
c. The company does not authorize the harvesting or collection of screen names from the companies’ services for the purpose of sending unsolicited email.
d. Any customer found guilty of breaking company policy, UK or EU laws will have their services suspended pending further investigation. The customer will be given 30 days in which to provide evidence against the suspension. Where the company finds that a customer is guilty of breaking company policies, UK or EU law the account will be closed without refund. The company will pass on any evidence to the police or governing authority concerning breaches of law.

13. Limitations on Sending E-mail
a. The company reserves the right to take all legal and technical steps available to prevent unsolicited bulk email or other unauthorized email from entering, utilizing or remaining within the Solfa Network. Such action may include, without limitation, the use of filters or other network devices, immediate termination of service, and prosecution of offenders through criminal or civil proceedings. Nothing in these terms and conditions shall be construed to grant any right to transmit or send email to, or through, the Solfa Network, and in no event shall any failure by the company to enforce this policy constitute a waiver of the companies’ rights.
b. Unauthorized use of the Solfa Network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender.

14. Email Monitoring Policy
a. Under the Investigatory Powers Act 2000 and Lawful Business Practice Regulations 2000 we reserve the right to monitor email accounts without consent. The reasons for such monitoring are as follows:
• to prevent or detect crime;
• to investigate or detect the unauthorised use of the telecoms system;
• to ensure effective operation of the system;
• national security;

15. Anti Piracy Statement
a. The customer is legally required to ensure that all software installed on their computers is adequately licensed.
b. The company withholds the right to refuse to complete work where evidence of software piracy. It will be deemed that in such instances the client is in breach of contract and any work carried out will be due for payment.
c. The company withholds the right to request proof of legal conformity including inspection of disks, manuals, certificates of authenticity, and any other related documentation in any instances of suspected software piracy. If this information is withheld then it will be assumed that the information does not exist.
d. If conformity to the law is not made within a reasonable time period then the appropriate action will taken. Such action includes informing the software publisher concerned, who will then decide if legal action is to be taken. The penalties for the use or sale of illegal software may include heavy fines and even imprisonment.


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