Terms & conditions.

1 Company Information

These Terms and Conditions govern the provision of IT support, IT support services, repairs, consultancy, and related services by:

Emmitech Ltd
37 Compton Road
Shepton Mallet, Somerset
BA4 5QR, United Kingdom

Company Registration Number: 15648600
Contact Phone: 01749 326337
Contact Email: [email protected]
Website: emmitechit.co.uk

By engaging our services, you ("the Client") agree to be bound by these Terms and Conditions. Please read them carefully.

2 Services Provided

Emmitech Ltd provides a comprehensive range of IT services including, but not limited to:

• IT Support Services: Ongoing IT support, system monitoring, proactive maintenance, and helpdesk support
• Business IT Support: On-demand technical support for small and growing businesses
• Remote Support: Remote troubleshooting and assistance via TeamViewer and other remote access tools
• Device Repairs: Repair services for laptops, desktops, phones, tablets, and other devices
• Network Setup and Management: Installation, configuration, and maintenance of business networks
• Microsoft 365 Support: Setup, administration, and support for Microsoft 365 services
• Google Workspace Support: Configuration and support for Google Workspace environments
• Cybersecurity and Backups: Security assessments, backup solutions, and data protection services
• IT Consultancy: IT advice & consultancy, system audits, and technology advice
• Custom PC Builds: Design and assembly of custom workstations and gaming systems
• Domain and Website Management: Domain registration, DNS management, and website hosting support

Specific services provided to each Client will be detailed in the Service Agreement, quotation, or invoice provided at the commencement of the relationship.

3 Service Level Agreements

3.1 Response Times

We strive to provide prompt support to all clients. Standard response times are:

• Starter Plan: Response within 24 business hours
• Essential Plan: Response within 8 business hours
• Professional Plan: Response within 4 business hours
• Pay As You Go: Response within 24 business hours (subject to availability)

Business hours are defined as 7 days a week, 9:00 AM to 9:00 PM GMT/BST, including weekends and most UK public holidays.

3.2 Emergency Support

For critical system outages that completely halt business operations, we will make reasonable efforts to provide emergency support outside of standard business hours. Emergency support may be subject to additional fees and is not guaranteed for all service tiers.

3.3 Resolution Times

While we aim to resolve all issues as quickly as possible, resolution times depend on the complexity of the issue, third-party dependencies, hardware availability, and client responsiveness. We do not guarantee specific resolution timeframes but commit to keeping clients informed of progress at all times.

4 Payment Terms

4.1 Pricing and Billing

Pricing for our services is as follows:

• Managed Service Plans: Billed monthly per person, payable in advance
• Pay As You Go: Billed hourly at our standard rate, invoiced at the end of each month
• Project Work: Quoted in advance, payable according to agreed milestones or upon completion
• Repairs: Quoted before work begins, payment due upon collection or delivery

4.2 Payment Methods

We accept payment via:

• Bank transfer (BACS/Faster Payments)
• Debit card or credit card
• Standing order (for monthly IT support services)
• Cash (for in-person transactions only)

4.3 Payment Due Dates

Unless otherwise agreed in writing:

• Monthly IT Support Services: Payment due on the 1st of each month for that month's service
• Invoices: Payment due within 14 days of invoice date
• Repairs: Payment due before device is returned to client

4.4 Late Payments

Late payments may result in:

• Suspension of services until payment is received
• Late payment fees of £25 or 8% annual interest (whichever is greater) as permitted by the Late Payment of Commercial Debts (Interest) Act 1998
• Referral to debt collection agencies
• Termination of the service agreement

4.5 Price Changes

We reserve the right to adjust our pricing with 30 days' written notice. Clients may terminate services within this notice period if they do not accept the new pricing.

5 Client Responsibilities

Clients are responsible for:

• Access: Providing timely access to systems, premises, and information required to perform services
• Backups: Maintaining independent backups of all critical data (unless backup services are explicitly included in your service plan)
• Passwords: Providing necessary credentials in a secure manner when required for support
• Cooperation: Responding promptly to requests for information or action
• Software Licensing: Ensuring all software on systems we support is properly licensed
• Communication: Informing us of any changes to systems, infrastructure, or requirements that may affect our services
• User Training: Ensuring users follow best practices and security policies we recommend

6 Remote Access and Support

6.1 Remote Access Tools

We use industry-standard remote access tools including TeamViewer and other secure remote desktop solutions to provide efficient support. By using our remote support services, you authorize us to access your systems remotely for the purpose of troubleshooting, maintenance, and support.

6.2 Security

All remote support sessions are:

• Encrypted end-to-end
• Initiated only with client permission (except for proactive monitoring where explicitly agreed)
• Logged for security and quality purposes
• Conducted by authorized Emmitech personnel only

6.3 Client Consent

By providing remote access credentials or accepting a remote support session, you consent to our technicians viewing your screen, accessing files necessary for troubleshooting, and making changes to system configurations as required to resolve issues.

6.4 Session Recording

Remote support sessions may be recorded for training, quality assurance, and security purposes. These recordings are stored securely and handled in accordance with UK GDPR requirements.

7 Data Protection and Privacy (GDPR Compliance)

7.1 Data Controller and Processor

For the purposes of UK GDPR:

• Clients remain the Data Controller for any personal data belonging to their customers, employees, or business contacts
• Emmitech Ltd acts as a Data Processor when handling personal data on behalf of clients during the provision of IT services

7.2 Data Processing

We will:

• Process personal data only in accordance with documented instructions from the client
• Implement appropriate technical and organizational security measures
• Ensure all personnel accessing data are bound by confidentiality obligations
• Assist clients in meeting their GDPR obligations where reasonably possible
• Delete or return personal data upon termination of services unless legally required to retain it

7.3 Data Security

We implement industry-standard security measures including:

• Encrypted data transmission and storage
• Access controls and authentication
• Regular security assessments
• Incident response procedures
• Staff training on data protection

7.4 Data Breach Notification

In the event of a data breach involving client data, we will notify affected clients within 72 hours of becoming aware of the breach, as required by UK GDPR.

7.5 Client Data and Privacy

We respect client confidentiality and will not disclose client information to third parties except:

• With explicit client consent
• As required by law or legal process
• To subcontractors or vendors under appropriate confidentiality agreements when necessary to deliver services

For full details on how we collect, use, and protect personal data, please refer to our separate Privacy Policy available on our website.

8 Intellectual Property

8.1 Client Data and Systems

All client data, configurations, and systems remain the property of the client at all times. We claim no ownership over client intellectual property.

8.2 Documentation and Scripts

Any custom scripts, documentation, or tools developed specifically for a client as part of a paid engagement become the property of that client upon full payment.

8.3 Emmitech Intellectual Property

Our general methodologies, processes, standard scripts, knowledge base content, and business practices remain the intellectual property of Emmitech Ltd.

8.4 Third-Party Software

Clients are responsible for obtaining and maintaining appropriate licenses for all third-party software. Emmitech Ltd does not provide software licenses unless explicitly stated in a quotation or service agreement.

9 Warranties and Liability

9.1 Service Warranty

We warrant that our services will be performed with reasonable skill and care, consistent with industry standards and best practices.

9.2 Repair Warranty

All device repairs carry a 12-month warranty covering:

• Parts replaced during the repair
• Workmanship related to the specific repair performed

The warranty does not cover:

• Damage caused by misuse, accidents, or liquid damage after repair
• Normal wear and tear
• Issues unrelated to the original repair
• Cosmetic damage
• Devices that have been tampered with or repaired by third parties after our service

9.3 No Warranties for Third-Party Products

We do not provide warranties for third-party hardware, software, or services beyond those provided by the manufacturer or vendor. We will assist clients in claiming manufacturer warranties where applicable.

9.4 Reasonable Efforts

While we strive for zero downtime and perfect results, we cannot guarantee that all issues will be resolved, that services will be uninterrupted, or that all data will be recoverable in every circumstance. We commit to using reasonable efforts and industry best practices in all situations.

10 Limitation of Liability

10.1 Maximum Liability

To the maximum extent permitted by law, Emmitech Ltd's total liability for any claims arising from services provided shall not exceed the total fees paid by the client in the 12 months preceding the claim, or £5,000, whichever is lower.

10.2 Exclusions

We will not be liable for:

• Loss of data (unless caused by our gross negligence)
• Loss of profits, revenue, or business opportunity
• Consequential, indirect, or special damages
• Issues caused by third-party software, services, or hardware failures
• Issues resulting from client failure to follow our recommendations
• Issues arising from cyberattacks, malware, or security incidents (unless directly caused by our negligence)
• Downtime or service interruptions caused by factors outside our reasonable control

10.3 Legal Rights

Nothing in these Terms and Conditions excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under UK law

10.4 Client Insurance

We strongly recommend that clients maintain appropriate business insurance including professional indemnity, cyber liability, and business interruption insurance to protect against IT-related risks.

11 Termination of Services

11.1 Termination by Client

Clients may terminate managed service agreements with 30 days' written notice. Any prepaid fees for the notice period are non-refundable. Clients may cancel one-off services or projects before work begins without penalty.

11.2 Termination by Emmitech

We reserve the right to terminate services immediately if:

• Payment is more than 30 days overdue
• The client breaches these Terms and Conditions
• The client engages in abusive, threatening, or unlawful behavior toward our staff
• The client uses our services for illegal activities
• The service relationship is no longer viable or beneficial to either party

11.3 Effects of Termination

Upon termination:

• All outstanding invoices become immediately due and payable
• We will return or securely destroy client data as requested
• Access credentials and remote access will be revoked
• Any ongoing projects or services will cease unless alternative arrangements are made
• We will provide reasonable assistance with transitioning to a new provider (may be subject to additional fees)

11.4 Survival

Sections relating to payment obligations, confidentiality, intellectual property, liability, and dispute resolution survive termination of this agreement.

12 Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and Conditions are governed by the laws of England and Wales. Any disputes arising from these terms or services provided will be subject to the exclusive jurisdiction of the courts of England and Wales.

12.2 Dispute Resolution

In the event of a dispute, both parties agree to:

1. First attempt to resolve the matter through good-faith negotiations
2. Consider mediation or alternative dispute resolution before pursuing litigation
3. Provide written notice of any claims within a reasonable timeframe

12.3 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control including (but not limited to) acts of God, natural disasters, pandemics, war, terrorism, telecommunications failures, power outages, or government actions.

13 General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with any written service agreements, quotations, and invoices, constitute the entire agreement between Emmitech Ltd and the client regarding the services provided.

13.2 Amendments

We reserve the right to amend these Terms and Conditions at any time. Clients will be notified of significant changes via email or through our website. Continued use of our services after notification constitutes acceptance of the amended terms.

13.3 Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Waiver

Failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by both parties.

13.5 Assignment

Clients may not assign or transfer their rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of business.

13.6 Third-Party Rights

These Terms and Conditions do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999.

14 Fair Usage Policy

14.1 Policy Overview

1. The Managed IT Support Services are priced on the basis of reasonable day-to-day usage by the Client's Users and systems.
2. For the purposes of this Agreement, "Support" means remote service desk assistance and standard change requests during Business Hours, relating to the covered Users, devices and services defined in Schedule X.
3. The parties acknowledge that the Service is not intended to provide unlimited project work, major system changes, or continuous one-to-one assistance to a small number of heavy-use Users.

14.2 Reasonable Use Threshold

1. Emmitech monitors aggregate usage across the Client's estate to ensure service quality for all Clients.
2. Where average monthly usage consistently exceeds a reasonable level (for guidance, more than 2.0-2.5 engineer hours per User per month over a rolling three-month period), Emmitech may:
   1. propose an adjustment to the Fees and/or applicable Service tier; and/or
   2. agree a separate Statement of Work for the additional demand.
3. The guidance in clause 5 is not a hard cap but a reference point for identifying unusually high usage and initiating a commercial review.

14.3 Exclusions from Fair Usage

1. The following activities are expressly excluded from the Fair Usage allowance and shall be chargeable at Emmitech's then-current rates or under a separate Statement of Work:
   1. projects, migrations, large-scale roll-outs or major upgrades;
   2. on-site visits and emergency call-outs;
   3. work performed outside Business Hours, at weekends or on UK bank holidays (unless expressly included in the Order Form);
   4. third-party vendor liaison beyond reasonable ticket logging and escalation;
   5. remediation of issues caused by unauthorised changes, unsupported software or hardware, misuse, or negligence by the Client or its Users;
   6. support for systems, locations or Users that are not covered under this Agreement or the relevant Schedule.

14.4 Service Protection

1. Emmitech reserves the right, acting reasonably, to limit, suspend or re-scope elements of the Support Service where excessive or abnormal usage by the Client is materially degrading service levels for other clients, pending agreement of revised commercial terms.
2. Emmitech will notify the Client in writing if such excessive or abnormal usage is identified and will work with the Client in good faith to agree a fair and commercially reasonable resolution, which may include:
   1. moving to a different Service tier;
   2. revising the Fees; and/or
   3. placing certain activities into a separately chargeable project or Statement of Work.
3. Nothing in this Fair Usage Policy limits the Client's obligation to pay for Services properly rendered in accordance with this Agreement.