IT Support

1. Definitions

The meanings of various terms set out in the Agreement are:
a.   “Agreement” these terms and conditions together with the Contract embody the whole agreement between Datasharp and the Customer for the provision of IT Products and Services.
b.   “Agreement Term” the minimum period of the agreement set out on the Contract.
c.   “Contract” the document detailing the products, services and pricing to which these terms and conditions refer.
d.   “Customer” the business, Sole Trader, Limited Company, Public Limited Company, Partnership, Limited Liability Partnership or not for profit organisation specified on the Contract Information.
e.   “Datasharp” Datasharp UK Limited, the employees of Datasharp or its agents.
f.    “Onboarding Process” includes receipt, validation and processing of requested information.
g.   “Start Date” the date on which the support is available to the Customer.

2. Support Cover

a.   Support is available 24/7/365 and Datasharp will use its reasonable endeavours to respond within 2 hours.
b.   Included within the IT Support are the Devices detailed on the Contract.
c.   IT Support is for the resolution of break fix issues, in relation to the Devices and operating system, including Products and Services provided by Datasharp and detailed on the Products and Services Agreement.
d.   Datasharp will endeavour to assist in ensuring that the Customer’s IT System interoperates with any Third-Party Applications, as requested by the Customer, in so far as Datasharp is able to, however there is no obligation on Datasharp to do so.

3. Variation in quantity of Devices

a.   Additional Devices can be added to the Agreement. All Devices will be charged from the date the Device is added.
b.   The Customer is required to raise a ticket on the client portal or email support@datasharp.co.uk detailing the addition that is requested.

4. Exclusions

The following are not covered within this Agreement:
a.   Installation and training.
b.   Cabling, wiring or any other Devices not covered under this Agreement
c.   Support required as a result of the Customer’s failure to follow instructions or recommendations issued by the Manufacturer or Datasharp, neglect or other misuse.
d.   Support required as a result of repairs, modifications changes to the Customer’s network, network programming or additions to the Product not carried out by Datasharp.
e.   Support required as a result of damage caused by Force Majeure, failures of electrical power, power surges, computer viruses or other reasons beyond Datasharp’s control.
f.    The cost of any hardware replacement or additions.
g.   The provision of loan equipment.

5. Duration

a.   The Agreement Term is stated on the Contract

b.   The Customer will be advised of the Start Date.

c.   The Agreement shall come into force from the earliest date of either: 

       i) Completion of Datasharp’s onboarding process, or

       ii) 30 days from acceptance of the Contract.

       iii) The Agreement Term and Billing will commence from this date.

d.  The Agreement will continue thereafter until terminated by either party giving a minimum of 30 days written notice of termination after the minimum Agreement Term.

e.  If the customer has committed any breach of this Agreement, Datasharp will notify the customer of the breach in writing, Datasharp may immediately terminate this Agreement if the breach has not been remedied within 14 days.

 

6. Customer’s Obligations

The Customer agrees to the following conditions:
a.   To keep the Device in environmental conditions recommended by the manufacturer 
b.   To use the Device in accordance with the instructions and recommendations issued by the manufacturer and/or Datasharp.
c.  Not to allow anyone other than Datasharp to adjust, maintain, repair, replace or remove any part of the Device.
d.  To allow Datasharp the reasonable right to access to the premises shown on the Contract, or where the device is located, where required for the performance of its duties.

7. Suspension of Service

Datasharp shall not be obliged to provide any support under this Agreement if any payment relating to this Agreement is overdue.

8. Invoicing and Payment

a.   Monthly invoices will be issued to the Customer.
b.   Datasharp may increase the Support Charge each fiscal year based on the highest percentage of
either:
       i) the previous December rate of Inflation Measure RPI Published by Office of National Statistics, or
      ii) by 5%.
c.   The Support charges may be increased subject to the Customer being provided with 30 days notice.
d.   Payments of invoices shall be made in full without set off of any amounts.
e.   Unless by prior agreement with Datasharp, the Customer agrees to pay Datasharp the monthly invoice in full by direct debit.

9. Liability

a.  Datasharp shall not be liable to the customer for any breach of any provision of this Agreement caused by Force Majeure and any reason outside its control or responsibility.
b.  Datasharp shall not in any event be liable to the Customer or any third party for any direct, indirect, consequential or incidental loss of revenue or profit or other damages howsoever arising.
c.   Datasharp shall not be liable for any delay in the execution of any work under this Agreement howsoever caused.
e,   Datasharp shall not be held liable for any issues caused to a Customer’s network resulting from the installation of software.

10. Assignment

a.   Datasharp may assign or delegate any of its rights or obligations under this Agreement.
b.   The Customer may assign or delegate any of its rights or obligations under this Agreement by notifying Datasharp in advance.

11. Health and Safety

The Customer shall be liable for the health and safety of Datasharp’s employees, providing training if applicable, and shall indemnify Datasharp for any harm caused to Datasharp’s employees when on the Customer site as per the Installation Address on the Contract to deliver and install the Products and Services. Datasharp’s employees shall use all reasonable endeavours to observe any of the Customer’s relevant health and safety rules and regulations and any other reasonable security requirements of which Datasharp has been notified by the Customer or which Datasharp’s employees are advised of whilst at the Customer site.

12. Data Protection

a.  Datasharp and the Customer each agree to comply with the respective obligations under applicable data protection legislation and maintain all relevant registrations, including (in relation to the Customer) such registrations and consents as the Customer should obtain and maintain to enable Datasharp to process personal data in connection with the performance by Datasharp of its obligations under this Agreement.
b.  The Customer agrees that Datasharp may put their name and other details obtained from the Contract Information into a computerised directory for internal use and to enable Datasharp to provide the Service.
c.   Datasharp is registered under the Data Protection Act 2018. Your data will be held in strict accordance with the applicable Data Protection laws.
d.   Any and all data supplied by Customers is held in accordance with Datasharp’s current Privacy Policy available at datasharp.co.uk.

13. Legal

a.   This Agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
b.   Implied terms shall be excluded to the fullest extent permitted by law.
c.   Datasharp reserves the right to vary the clauses of these terms & conditions, from time to time, by giving a minimum of 30 days notice.
d.   If either party is affected by Force Majeure (material circumstances beyond reasonable control of that party) it shall immediately notify the other party in full of the nature and extent of the circumstances. Notwithstanding the other provisions of this Agreement neither party shall be deemed to be in breach of this Agreement or liable as a result of the Force Where Datasharp has claimed force majeure in respect of the supply of goods or services, the Customer may choose to obtain support services from another party.
e.   Any director or representative of the Customer will be deemed to be its authorised signatory and thereby guarantee the Customer’s acceptance of its obligations under this Agreement.
f.   Failure of either party to exercise or enforce any right within this Agreement shall not be deemed to be a waiver of such rights.

14. Call Recording

We may record telephone conversations and we may use these recordings for ongoing training, quality control purposes or for any other queries.