Privacy Statement

St David’s IT Solutions is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will not - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where in good faith we believe that the law requires us to do so, it is necessary to protect St David’s IT Solution’s rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.

Terms and Conditions of Trading

STANDARD TERMS AND CONDITIONS

These Terms and conditions shall apply to every order placed by any customer ("Customer") of St David’s IT Solutions ("Supplier") for any products and/or hardware and/or software support and consulting services from St David’s IT Solutions.

St David's IT Solutions is the trading name for St David's IT Limited which is registered in England & Wales under company number 5893671.

These Terms and conditions were last updated the 23rd day of November 2003

THEREFORE IT IS AGREED:

1. Contracts.

These Terms and conditions constitute the entire agreement of the parties, and all other communications, warranties (whether express or implied) representations, understandings or agreements with respect to the subject matter hereof are specifically excluded. These terms and conditions may be modified only by written agreement signed by a Principal of St David’s IT Solutions. All orders for products whether written, verbal or by E-mail will be subject to the terms of these terms and conditions and any Customer terms in any order which are inconsistent with these terms and conditions shall be null and void. St David’s IT Solutions shall have no obligation to accept all or any orders.

2. Product Supply.

2.1 St David’s IT Solutions will supply to Customer (subject to the trademark and/or copyright of St David’s IT Solutions and/or its suppliers) any product(s) on the terms set out in these terms and conditions and the terms of any software licence agreement supplied with any program.

2.2 Products will be dispatched to Customer's premises FOB. From the deposit of products by St David’s IT Solutions at a courier of Customer's choice all risk in the products shall be borne by Customer.

3. Supply of Services

St David’s IT Solutions will supply services to Customer on a time and materials basis. The standard hourly rate for services will be agreed with the customer for any hour or part thereof. St David’s IT Solutions offer a remote support service on a retainer basis. Please ask for details of this program. Customers who are current subscribers in good standing of the retainer program are eligible for a discounted rate for on site support to be agreed at the time of contract signing per hour or part thereof.

4. Price and Payment.

4.1 Customer will pay St David’s IT Solutions the appropriate purchase price for any product(s) and/or fees for the services as advised by St David’s IT Solutions on the acceptance of any order.

4.2 All sums referred to in Clause 4.1 shall be payable within 20 days of invoice date.

4.3 Past due amounts owed by the Customer shall bear interest at the rate of 1.5% per day. Customer shall reimburse St David’s IT Solutions for all reasonable costs incurred in the collection of past due amounts owed by Customer.

4.4 Purchase prices and fees stated by St David’s IT Solutions are net of VAT and delivery. The relevant VAT and any future relevant taxes or tariffs not currently in force will be paid to St David’s IT Solutions by Customer.

4.5 Any cancellation of an order or part thereof which may result in loss to St David’s IT Solutions, the Customer will be liable for 10% of the original order amount in order to cover administration costs, delivery charges and restocking fees.

4.6 Delivery on items ordered via our web site is calculated on the weight of the order.

5. Returns & Warranty Policy

5.1 All good must be checked before they are signed for. Do not sign for items that have been damaged in transit.

5.2 All items are warranted for a period of 12 months from the date of purchase unless otherwise stated.

5.3 You have the right to cancel within 48 hours of placing your order, or 48 hours of receipt of the goods (whichever is the longer). If you cancel your order you will have your payment returned. If you have received the goods then you must obtain a Returns Merchandise Authorisation and then return the goods unused to us before a refund is issued. If you have not received your goods you must E-mail us.

5.4 If a fault develops with a product you must contact us either by phone or E-mail so we can issue a Return Merchandise Authorisation. No goods will be accepted back without a Return Merchandise Authorisation.

5.5 Items must be returned in original packaging, in all original boxes, packing materials, manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer.

5.6 We strongly recommend that you fully insure your package that you are returning. We suggest the use of a carrier that can provide you a “proof of delivery”. St David’s IT Solutions will not be liable for items lost or damaged in transit.

5.7 All shipping back to St David’s IT Solutions is paid for by the customer. Please ensure that the box has your RMA Number clearly marked on the outside of the package.

5.8 Any MA returned found not to be defective may incur a return freight charge, this will be charged to the credit card last charged on your order.

6. Copyright and Intellectual Property.

6.1 No right title or interest in any copyright, patent or other intellectual property right in any products shall pass to or vest in customer except as may be expressly granted under the terms of any supplemental agreement or software licence agreement supplied with any program.

6.2 Customer shall ensure that all copyright notices on any product shall not be deleted and shall be accurately reproduced on all copies of the same.

6.3 Unless otherwise agreed in writing, all intellectual property rights relating to or connected with the provision of any product or services shall automatically vest in St David’s IT Solutions or its licensers and the Customer undertakes to execute such documentation as may be necessary to perfect the title of St David’s IT Solutions or its licensers to such rights.

7. Confidentiality.

7.1 "Confidential Information" includes all software and all related documents, plus all information reasonably identified by the disclosing party as confidential.

7.2 No right title or interest in any of the Confidential Information shall pass to the receiving party except as specified in this Agreement.

7.3 Each party shall hold the Confidential Information of the other in strict confidence, will not make any disclosures (including methods or concepts utilised in the Confidential Information) without the express written consent of the other, except to employees or agents to whom disclosure is necessary for the performance of these terms and conditions and who undertake to take all reasonable steps to ensure the confidentiality of all Confidential Information. These restrictions will cease to apply to information which becomes available to the public generally, save where that disclosure arises from any default hereunder.

7.4 On the termination of these terms and conditions, on written request, each party shall return within 10 business days all originals and copies of Confidential Information disclosed by the other. Each party's obligations under this Clause 6 shall survive termination of these terms and conditions.

8. Data Protection and Privacy

8.1 As required by the Data Protection Act, we follow strict security measures in the storage of Personal Information to prevent unauthorised access. We will hold all information which we may have access to as a result of the provision of services to you in strict confidence. It is your responsibility to ensure that any information you hold and to which you may grant us access is not obscene or defamatory, and that you hold a current data protection registration in respect of the details of any third parties that you may hold.

8.2 You warrant to us that all software programs installed at your premises are legally licensed. We will not deal with unlicensed software or any information that is offensive or obscene or otherwise illegal and notwithstanding anything to the contrary herein reserve the right to disclose the same to any relevant authority should it come to our attention.

9. Warranty and Limitation of Liability.

9.1 St David’s IT Solutions warrants that any services provided under these terms and conditions shall be performed in a professional and workmanlike manner. The warranty relating to any products purchased or licensed hereunder shall be as set out in any software license agreement supplied with the product.

9.2 Save as set out in 8.1, St David’s IT solutions makes no express or implied warranty with respect to any program or goods or services to be supplied by the Supplier, including without limitation any implied warranty of merchantability or fitness for a particular purpose. St David’s IT solutions does not warrant that any program will be error-free, or that any defects that may exist in any program will be corrected. Licensee acknowledges that the Supplier has made no representations regarding warranty or performance or capability.

9.3 In no event shall St David’s IT solutions be liable for any loss of profits, business, use, data or information or for any incidental, indirect, special or consequential damages whatsoever including but not limited to damages resulting from loss of use, loss of anticipated savings or lost data even if St David’s IT solutions has been advised, knew, or should have known of the possibility thereof, or for any claim by any third party.

9.4 Customer agrees that St David’s IT Solutions' liability under these terms and conditions in contract or tort or howsoever arising shall not exceed the total amount of fees paid by Customer to St David’s IT Solutions. This limitation shall not apply to death or personal injury caused by St David’s IT Solutions' negligence.

9.5 The operation of this Clause 8 shall survive the termination of these terms and conditions.

10. Term/Termination.

10.1 These terms and conditions shall take immediate effect on signature or acceptance of any order by St David’s IT Solutions if earlier, and shall remain in force until terminated as provided below.

10.2 Either party may at its option terminate these terms and conditions by written notice:

10.2.1 Immediately should the other party commit any act of bankruptcy (or any act which in the case of an individual would constitute an act of bankruptcy); or

10.2.2 Where not remediable, on breach by the other party of these terms and conditions; or

10.2.3 Where remediable if any breach by the other party of these terms and conditions is not corrected within 30 days of written notice.

10.3 On expiry or termination of these terms and conditions, each party shall return and make no further use of property, materials and other items (and all copies thereof) belonging to the other.

10.4 Termination of these terms and conditions or any supplemental agreement shall not prejudice either party's accrued rights.

11. General

11.1 These terms and conditions may not be assigned, sublicensed or otherwise transferred without St David’s IT Solutions' prior written consent.

11.2 The failure or delay by either party to enforce any term of these terms and conditions shall not be deemed a waiver of such term.

11.3 These terms and conditions are subject to any governmental laws, orders or other restrictions ("Export Requirements") on the export of products and related information and documents which may be applicable to St David’s IT Solutions or its licensers which may be imposed from time to time by the governments of the United States of America or the United Kingdom. Customer will not commit any act or omission which will result in a breach of any such Export Requirements.

11.4 No delay, failure or default in performance of an obligation hereunder shall constitute a breach of these terms and conditions to the extent caused by force majeure.

11.5 All notices shall be in writing and delivered by hand or sent by first class prepaid mail to the above address of the other party or as otherwise notified and shall be deemed received on the earlier of actual receipt or five days after deposit in the mail.

11.6 These terms and conditions shall be governed by and construed under English law and the courts of England shall have exclusive jurisdiction.

12.  Personnel   

12.1 The Customer acknowledges that St David’s IT Solutions has incurred significant costs in recruitment and training its employees to enable them to provide the Services. Accordingly the Customer agrees that it will not, and it will ensure that no other company within its Group will not, solicit or approach in any way, any of St David’s IT Solutions employees who are involved in the provision of the Services with a view to offering them employment or to solicit services from them on their own account (whether for the Customer or another party) during the period of the Contract and for a period of six (6) months after termination or expiration of the Contract.    

12.2 The Customer acknowledges that damages will not be an adequate remedy for St David’s IT Solutions if the Customer breaches clause 12.1 and that St David’s IT Solutions will be entitled to seek injunctive relief and any other equitable remedies with respect to such breach.  

12.3 If any employee of St David’s IT Solutions leaves the employment of St David’s IT Solutions as a result of a breach by the Customer of clause 12.1 and commences employment with, or provision of services to, the Customer or any other member of the Customer's Group it shall pay St David’s IT Solutions 50% of the higher of:-

(a) the annual salary (including any benefits-in-kind, bonus payments, commissions and other emoluments) of the employee at the date that they ceased to be an employee of St David’s IT Solutions; and

(b) the annual salary of the employee at the time they commence employment by the Customer or other member of the Customer's Group and the Customer acknowledges that any such payment is by way of liquidated damages and is a reasonable and genuine pre-estimate of St David’s IT Solutions losses.