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IT support terms and conditions (B2C)

This is a B2C-specific version of our short-form (ie "basic") IT support services terms and conditions document.

The terms and conditions have been created to regulate the supply of IT support services to consumers (not businesses). Optional provisions cover the supply of hardware and software licences.

A special clause included in the document covers distance contracts and off-premises contracts - in respect of which consumers have special cancellation rights.

A draft statement of work is included: the terms and conditions should be attached to a completed statement of work. The statement is then signed by the parties.

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IT support terms and conditions (B2C) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Support Services: IT support services provision; standard of support services; suspension of support services.
  4. Product supply: obligation to supply products; products to be delivered; products to be collected; passage of title to products.
  5. Third Party Software supply: obligation to supply third party software; third party software to be supplied in executable format; supply of third party software licence; third part software licensing responsibility; third party software rights and obligations in licence; compliance with third party software licence terms; third party software licence privity.
  6. Customer
    obligations:
    general second party obligations; access to computer systems.
  7. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  8. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  9. Distance contracts: cancellation right: distance contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  10. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  11. Limitations and exclusions of liability: caveats to limits of liability (B2C); interpretation of limits of liability; no liability for force majeure; no liability for business losses; aggregate liability cap under contract.
  12. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  13. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  14. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  15. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2C); no third party rights; entire agreement (with statement of work); governing law; exclusive jurisdiction.

STATEMENT OF WORK

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