Please read these Terms of Trade carefully. By placing an order for a Contract Hire contract with Invicta Linux Ltd you’re agreeing to these Terms.
We’ll start with a couple of basic definitions: “We” or “Us” refers to Invicta Linux Ltd; “You” is you.
The Contract
No contract is assumed or accepted until the agreement is signed by all parties or we are in receipt of a signed agreement and initial payment.
Contract Hire Agreement
Initial costs cover:
• Provision of appropriate server.
• Configuration.
• Basic training of users and admin training.
• On-site setup.
Contract Hire costs cover:
• Contract Hire of kit.
• Monthly check to ensure security updates and patches are up to date.
• Replacement if the unit fails.
Not covered:
• Breakage by you; however, we can replace the unit at a reduced cost, as we will already have
your configuration details.
• Damage caused by the use of the unit for any other than its intended purpose.
• Outage, data loss or damage caused by disruption of power supply.
Period and Termination
The standard Contract Hire period is 36 months, with three months Contract Hire paid in advance. The contract will then run on a rolling monthly basis.
We reserve the right to cancel the contract without notice if your account goes more than one month overdue. Note that the overdue amount will remain payable.
For any other reason, we will be required to give you 90 days’ notice of cancellation.
You will be required to give us 90 days’ notice of cancellation in any circumstance.
Confidentiality
We will only share your information with other parties when it is legally required or necessary to facilitate your business. Any login names, passwords and personal details you give to work on your system will be kept strictly confidential and no unnecessary record will be kept. No one but our engineers will have access to your equipment and the data contained within it except when with your knowledge we have to escalate an issue.
Data Security
You are solely responsible for the safety of your data, and we recommend you have backups and disaster recovery plans in place to support this.
Payment and Interest
The initial costs are due on payment with order terms, and the 3 months’ advance Contract Hire charges are due once the unit has been installed and is working at your site. The monthly Contract Hire is then due monthly in advance.
In the case of late payment, we reserve the right to charge interest on any sum outstanding at the rate of 8% per annum above the reference rate, which is the Bank of England’s base lending rate, which will be charged on a daily basis from the due date until the debt is paid in full. We probably won’t but we reserve the right.
Assignment
Your company and ours are the principals in this agreement and any contract raised under it. Rights cannot be transferred without our written consent.
Force Majeure
We won’t be held liable for any delays or failure in performance from any cause beyond our control. This includes, but is not limited to: acts of God, changes to law or regulations, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Amendments
Amendments or changes to these Terms will be effective as soon as we post them on our Website.
Notices
Any notice to you will be effective when we send it to the last email or postal address you gave us or post it on our Website. Any notice to us will be effective when delivered to us at our usual address or any address(es) that we may later post on our Website.
Governing Law
These Terms and any contract subject to them are governed in accordance with the laws of England.
That’s about it
Thanks for taking the time to read our Terms of Trade.
