Terms & Conditions – Western IT Ltd

1. Standard Hours of Support

1.1

Standard support service times are between 9:00am to 5:00pm Monday to Friday (excluding public and bank holidays in England).

1.2

Out of hours support is limited and only provided subject to availability for the hardware, software and or services identified by the customer which is supported under this agreement. Western IT will not accept responsibility for any fault found outside of the agreed customer hardware, software and or services.

2. Overview of Service

2.1

Western IT to provide management and support to customers via designated channels for which this SLA is offered. This includes the following procedures.

Manage and maintain current IT infrastructure.
Management of Third-Party services where specified
Fault reporting, logging, management, and prioritisation
Target Fault response timings
Software upgrades and fixes for nominated hardware, software, and services.
Hand-over of faults/issues to Third-Party Parties

Western IT to provide management and support to customers via designated channels for which this SLA is offered. This includes the following procedures.

2.2

Support platform (via the web address and email support provided) is offered 24 hours a day, 7 days a week, 365 days a year (with exception to scheduled maintenance). This service is monitored and active during all standard support service hours specified (Monday to Friday (excluding public and bank holidays in England). On occasions this service is monitored and active during extended business hours at the business discretion.

2.3

Telephone support is offered five days a week, 8 hours a day (except on public and bank holidays in England) where support calls can be logged in relation to support enquiries for any problems relating to this agreement.

3. Contact Information

3.1

For all queries – The customer shall contact Western IT Support Services via the following channels.

Website: western.support

Email: Specified company support email address (or support1@western-it.co.uk).

Telephone: (+44) 0330 223 5241

Text: (+44) 07908 682 135

4. Fault Reporting Process

4.1

Western IT Support Services will provide a single point of contact for handling and prioritising all enquires. All enquiries are generated using a unique reference number.

4.2

Western IT requires that the customer provides first line support to make initial assessment of any fault raised to determine if the issue is related to hardware and software supported by Western IT within this Agreement. Having assessed the problem and determined that the fault is (or could be) related to hardware and or software supported within this service level agreement. Western IT will prioritise the fault based upon the severity of the problem reported. Progress for resolution any recorded fault or problem and provide updates and confirm resolution for test and closure.

4.3

Western IT shall make arrangements for a Technical Support representative to attend site. Site attendance is solely at Western IT discretion.

5. Customer – Site Access requirements

5.1

If our staff or sub-contractors must enter your premises you agree to let them do so within normal working hours (Monday to Friday, 9:00am to 5:00pm) or during extended business hours including evening and weekends. We will meet your requirements regarding health and the safety of your own staff and sub-contractors.

6. Customer Responsibility

6.1

It is the customer’s responsibility to make sure their employees understand how to use the supported hardware, software and services. Western IT takes no responsibility and shall not be held responsible for the training of the customers employees to use the customers hardware, software and services supported through this Agreement. Failure to do so may result in services ceasing/closing immediately, without notice.

6.2

It is the customer’s responsibility to adhere, follow and assist with support request instructions in order to facilitate efficient resolution, regardless of time or locality. Western IT takes no responsibility and shall not be held responsible, nor continue to support, repeated failures to acknowledge, failures to respond, follow or assist with instructions supported through this Agreement. Failure to do so may result in services ceasing/closing immediately, without notice.

6.3

It is the customer’s responsibility to respect our staff through this Agreement. There is a Zero Tolerance policy that includes inappropriate, abusive, aggressive, or threatening behaviour in person, over the telephone, or in written communication, this includes both passive and active forms.

This Practice considers any inappropriate behaviour to be: Attempted rude, arrogant, condescending, patronising, or passive-aggressive communication and actions towards any staff member.

This Practice considers any threatening behaviour to be: Attempted passively or actively aggressive, threatening, or physical actions made towards any staff member.

Failure to take responsibility and have respect will result in services ceasing/closing immediately, without notice, and an agreement review and termination.

7. Customer Planned Works

7.1

The customer should note that Western IT cannot be held responsible for loss degradation of service resulting from works undertaken directly by, or via a third party contracted by the customer. The customer shall provide Western IT with reasonable notice of all planned work activity that may affect the working of the customers IT hardware and software, or associated equipment used to provide the service which could result in service failure or service outage.

8. Payment / Invoicing

8.1

We will send you your first invoice at the beginning of the month and thereafter on a monthly basis, but we shall be entitled to send you an invoice at a different time.

8.2

We reserve the right to amend the monthly charges in correlation to the increase or decrease of Service Support including any related Third-Party services.

9. Third Party Software

9.1

The customer understands that any Third-Party Software which is accepted on the Western IT Support Service Agreement is not owned or manufactured by Western IT. The customer understands that by accepting this Agreement that they are fully aware that any Third-Party Software provided by Western IT shall be governed by the particular Third-Party Software providers terms and conditions not this Agreement with exception to the payment of service charges through Western IT. Western IT will work with the Third-Party Software provider to manage any support requests or service issues The customer may have in line with the Third-Party Software providers terms and conditions.

10. Confidentiality

10.1

All information shared between the customer and Western IT will be always kept confidential and Western IT will not disclose any information, or any part thereof, to any person or third party without the customers written consent or a legal obligation placed upon Western IT to do so.

10.2

Consent is deemed to be given by the customer to enable Western IT to disclose the necessary information to our employees and third-party contractors for the purpose of carrying out the requirements of this Agreement.

10.3

The customers systems shall be accessed by Western IT for the purposes of monitoring and maintaining network integrity, security, and data for the purpose of supplying on going service support as laid out in this agreement only.

11. Liability

11.1

We accept liability for personal injury or death as a result of our negligence.

11.2

We have no liability for any loss of present or future business, revenue, profits, expenses, financial loss, reputation, data being lost or damaged, due to lack of availability of IT and/or communications systems not provided by us, damage to reputation or for any liability for any loss that is not reasonably foreseeable or for any indirect or consequential loss.

11.3

Any liability we have of any sort (including any liability because of our negligence) is limited to £1,000,000 for any one event or any series of related events.

11.4

Except as expressly set out in this Agreement, all conditions, warranties, terms, undertakings, and obligations implied by statute, common law, custom, trade usage or otherwise are hereby excluded to the maximum extent permitted by law.

12. Termination

12.1

Should the customer at any point during this Agreement enter administration, liquidation, or any other similar form of business process then This Agreement shall become null and void.

13. Notice Period

13.1

The customer must provide written notice at least 30 days before the end of the contract period. Should the Customer not provide sufficient written notice at least 30 days before the end of the contract period then this agreement shall be automatically renewed for a further 30-day period.

13.2

Should this Agreement be automatically renewed, then the new Commencement Date shall be the end date of the original Contract Period or the latest elapsed Contract Period.

14. Complaints

14.1

A complaint is defined as an expression of dissatisfaction with Western IT or the service it provides to any given customer. All complaints should be directed, in writing, in the first instance, to: complaints@western-it.co.uk. The target resolution for complaints will be 21 working days from receipt.

15. Exclusions / Items not covered.

15.1

In addition to the above statements, the following are not provided for within the scope of service offered under the terms of the contract.

Hardware which was not supplied by Western IT and does not have an appropriate warranty support contract with the manufacturer for faults or failure.
Support of third-party hardware equipment, software and or services which has not been agreed within this agreement.
Third party software solutions which the customer has contracted to directly which have their own SLA’s for service support.
Pre-Existing hardware, software and or service faults.
Devices over age stated. At Western IT discretion.
Data loss / recovery unless Western IT have provided a data backup and or recovery solution.
Work undertaken outside of the specified standard business hours 9:00am to 5:00pm Monday to Friday (excluding public and bank holidays in England). Hours outside will be charged and billed for separately.
Problems arising due to customer alterations. This includes accidental damage, misuse or deliberate tampering and damage to equipment, software and or service.
Problems arising due to lack of adequate infrastructure or service not sustained by Western IT.
Substantial scheduled work for hardware, software and or service. This includes installation of substantial additional equipment, software and or service. Relocation of office or premises. Migration of current hardware, software and or service systems.
Cost of replacement or upgraded parts to equipment requested to facilitate the maintenance and or support.