Support Contract Standard Terms & Conditions
References to “Default” means any act, representation or omission by Black Bear IT Solutions Ltd, it’s officers, employees or agents which is done, made or not done as a result of any act, representation or omission in connection with this Agreement as a result of which Black Bear IT Solutions Ltd is legally liable to the Customer or any third party whether in contract, tort or otherwise. A number of Defaults which together result in or contribute substantially the same loss or damage shall be treated as one Default occurring on the date of occurrence of the last such default.
- Support Services
Black Bear IT Solutions Ltd will provide support for all systems or software. Any material changes to the system configuration without Black Bear IT Solutions Ltd being informed will render that system excluded from the Support Contract. It is the Customer’s responsibility to ensure that all systems or software not installed by a Black Bear IT Solutions Ltd engineer is compliant and free from corruption and to notify Black Bear IT Solutions Ltd of any new systems, hardware or software or it will not be supported.
Where parts are to be purchased on behalf of a Customer, the Customer will be responsible for all costs including VAT and delivery. Payment for parts or software shall be made prior to ordering the equipment, although Black Bear IT Solutions Ltd may accept normal invoiced payment in urgent cases and at it’s discretion. Delivery times cannot be guaranteed and no liability can be accepted for consequential damages caused directly or indirectly by late deliveries whatever the cause. Black Bear IT Solutions Ltd warrants replacing defective goods within the manufacturer’s “returns” period which ranges from 0 to 3 days depending on the source of the goods. The Customer shall also return all warranty cards and execute all licenses with the manufacturers of all and any hardware or software provided by Black Bear IT Solutions Ltd under this Agreement.
The property purchased on behalf of the customer remains with Black Bear IT Solutions Ltd until payment has been made in full. On delivery of the equipment to the customer’s designated address the customer becomes responsible for ensuring that it is housed in a safe appropriate place. If at any time it appears that the equipment has been tampered with by either the customer or a third party not in accordance with this agreement then Black Bear IT Solutions Ltd reserve the right to remove the equipment without prior notice.
Damaged parts (not having been supplied by Black Bear IT Solutions Ltd) being installed by Black Bear IT Solutions Ltd, and subsequent damage to Customers’ machines resulting directly from the installation of the damaged parts are not covered by this warranty.
Unless agreed between the Parties in writing, it is the Customer’s responsibility to ensure that back-ups and anti-virus software are operating correctly. This is a regular function that can be achieved either by the Customer or by booking a specific technical call out for this purpose.
Support Contract Hours, unless otherwise set out above are from 9:00 am – 5:00 pm, Monday to Friday. No support is provided on Saturday, Sunday or Bank Holidays, unless agreed above. Work performed for Customers outside these hours will be charged at different rates depending on evenings or bank holidays, contracted hours do not include out of hours support unless agreed above. We do not provide cover from the 25th of December to 1st of January even where extended hours and/or weekend cover and/or bank holiday cover is taken, unless specifically mentioned above.
Response times provided under this contract will be 4 working hours from the time of the call received, whereby response is the response by Black Bear IT Solutions Ltd for a request for support. Black Bear IT Solutions Ltd will use reasonable endeavours to respond and resolve individual problems under the 4 working hours of the request for support being logged by telephone and the Customer recognises that certain problems, due to their nature, are not resolvable within the 4 working hours. Examples of such issues include service outages from third party providers, such as ISP’s or other hardware failures. The Customer is responsible for ensuring that calls are logged as soon as practicable. 4 hour response time refers to phone or remote support should an engineer be required onsite we will provide this within 3 working days, except where the customer is unable to function due to the problem in which case an engineer will be onsite within 4 working hours.
If a solution is not reached in the initial support period, the support engineer may arrange another time, with agreement of the client, to return with a solution to the problem. The support engineer has the final decision as to whether the initial support period is by call out or telephone. The support engineer has the final decision as to whether the additional support period is at another time and date.
If the support engineers are currently engaged on other support calls, then they will seek to contact any new support calls as soon as possible to assess their situation.
Response times set out herein are subject to delay due to strikes or other forms of industrial action or other natural events occurring which may restrict our ability to provide services.
Black Bear IT Solutions Ltd reserves the right not to install, configure or support any software package for which the client cannot produce valid and sufficient licensing upon request. Black Bear IT Solutions Ltd will only provide support for software which is bespoke on a case by case basis. Response times will not apply to software which contains any inherent problems, defects or bugs and Black Bear IT Solutions Ltd will notify the Customer if it reasonably believes this to be the case in relation to specific calls logged.
- Installation of new hardware other than PC’s and PC components, printers or scanners
- Server installation and installation or upgrades of server operating systems
Development, installation and support of bespoke applications, although Black Bear IT Solutions Ltd will work with and manage interaction with third party application providers as part of the Flat Fee All Inclusive Services.
- Leased line configuration
- Support for home users (unless agreed between the parties)
- Printers – hardware repair. Software related to printer usage, such as drivers is covered
- Consultancy and planning services
- Data back-up (unless agreed between the parties)
- Black Bear IT Solutions Ltd do not take away equipment replaced, this remains the customer’s responsibility.
Black Bear IT Solutions Ltd may from time to time recommend or procure third party services for the benefit of the Customer. Black Bear IT Solutions Ltd shall not be liable for the defaults of any third party provider. Black Bear IT Solutions Ltd will use reasonable efforts to ensure compliance by third party providers of services used by the Customer, however, no warranty, express or implied is given in relation to 3rd party suppliers.
Black Bear IT Solutions Ltd shall use all reasonable care and skill in providing the Services anticipated under this Agreement.
Exemptions and Limitations
The following clause specifies the extent to which Black Bear IT Solutions Ltd will be liable for Default. Its principal terms are a financial limit on Black Bear IT Solutions Ltd liability (except for death or personal injury), the liability of Black Bear IT Solutions Ltd only for certain defined losses and a time limit applicable to both parties for the enforcement of claims. Black Bear IT Solutions Ltd’s entire liability and the Customer's sole remedies, whether in contract, tort or otherwise, shall be as set out in this clause 3.
The Customer accepts that it is its responsibility to select how the Services meet its specific requirements. Except as expressly provided in this Agreement, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose or reasonable care. Clause 3.1 shall not apply where the supplied products are not used in accordance with the instructions of the manufacturer or Black Bear IT Solutions Ltd; the supplied product is altered, modified or converted by the Customer or a third party; a malfunction in the system resulting from a malfunction of a third party's or the Customer's equipment or software; the supplied product is no longer a version or release that is being generally supported by Black Bear IT Solutions Ltd.
The Customer shall always inform Black Bear IT Solutions Ltd of any Default and afford it a reasonable opportunity of correcting that Default including, without limitation, the option of replacing the supplied products or correcting any defect in the same.
- Black Bear IT Solutions Ltd will be liable as under British Law for actions it provides which cause loss of business resources or cause the business to suffer loss of revenue or profit only up to a maximum of the losses the customer can prove have been accrued and only up to maximum of £1,000,000.
Except in respect of payments due under this agreement no action may be brought by either party against the other more than two years after the cause of action has accrued.
The Customer agrees to indemnify Black Bear IT Solutions Ltd against all actions, proceedings, claims and demands in any way connected with the supplied products brought or threatened against Black Bear IT Solutions Ltd by a third party except to the extent that Black Bear IT Solutions Ltd is liable to the Customer for a Default.
The price for the Services has been calculated on the basis that Black Bear IT Solutions Ltd excludes and/or limits its liability to the Customer in accordance with this agreement; that the exclusions and limitations contained in this Agreement are fair and reasonable in all the circumstances known at the date of this Agreement; it is not possible to foresee and provide in the agreement (in particular by way of adjustments to the price of the materials) for all contingencies which may give rise to loss, damage or liability.
Each of the limitations and exclusions set out above is to be construed as a separate limitation or exclusion, applying and surviving even if for any reason one or other of the limitations or exclusions is held inapplicable or unreasonable in any circumstances, and shall remain in force despite termination of this agreement.
The Customer shall not assign or otherwise seek to transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior consent of Black Bear IT Solutions Ltd. Black Bear IT Solutions Ltd may assign or subcontract all or part of the Services to whomever in Black Bear IT Solutions Ltd’s reasonable opinion is qualified to provide the Services.
Black Bear IT Solutions Ltd shall exercise all reasonable care in keeping information supplied by the Customer confidential and preventing access thereto by unauthorised persons.
- Black Bear IT Solutions Ltd’s failure to insist upon the strict performance of any of the Customer's obligations under the Contract shall not be construed as a waiver and shall not affect Black Bear IT Solutions Ltd’s rights to require strict performance of such obligations.
The Customer shall pay to Black Bear IT Solutions Ltd all expenses, including cost of employee's time and legal costs on a full indemnity basis, incurred by or on behalf of Black Bear IT Solutions Ltd in enforcing the provisions of this Contract.
Where work requires Black Bear IT Solutions Ltd to hold copies of personal data held by the Customer, the Customer must ensure that this is covered under their data protection register entry.
Initial payment will be by cheque, or company invoice, on signing the contract.
Subsequent payments will be by standing order, and will be due on the 1st working day of each month after the contract signing date i.e. signed on 3rd of April, next payment due on 1st of May, and each subsequent month following.
Default on payment will be dealt with under the late payment of commercial debts regulations incurring an immediate £40.00 penalty.
Black Bear IT Solutions Ltd reserves the right to remove equipment installed by them, even if paid for, if the customer defaults on subsequent payments due to Black Bear IT Solutions Ltd.
On default of payment Black Bear IT Solutions Ltd will withhold support, and be entitled to serve a notice to terminate.
Unless otherwise stated above this Agreement runs for a minimum of 12 months. After the initial contract period the customer must give a minimum of 6 months written notice of termination. Support fees, as defined in Table A, are only applicable for the length of the contract as mentioned above and Black Bear IT Solutions Ltd has the rights to review these at each renewal. No refund of advance payments shall be made. Customers can terminate early and pay 85% of the remaining contract charges but will receive no support for this charge.
Black Bear IT Solutions Ltd reserves the rights to cancel the contract at any time without notice.
Black Bear IT Solutions Ltd may obtain, use, process and disclose personal data about the Customer in order that Black Bear IT Solutions Ltd may discharge the services agreed under this support contract, and for other related purposes including updating and enhancing client records, analysis for management purposes, crime prevention and legal and regulatory compliance. The Customer has the right of access, under data protection legislation, to the personal data that Black Bear IT Solutions Ltd holds about the Customer. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about the Customer is Dave Kitson of Black Bear IT Solutions Ltd.
This Contract shall be governed by and construed in accordance with English law and the parties hereto irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of it.
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A managed support contract could start from as low as
£65 per month
The benefits of a managed support contract are clear in terms of financial gain and the pain of staffing your own IT department. A typical managed support contract we would recommend is an hour per server on your site and additional hours based on your requirement.
- Save money on staffing.
- Never worry about staff holidays again.
- Pay per hour not a salary.
- Have a full team of engineers on hand.
- Proactive management.
- 24-7 Monitoring of key machines.
- Remote & telephone support.
Hosted server benefits
No large capital outlay
Hardware upgrades included in cost.
Backups included in cost.
Work from any location.
Improved business continuity.