The agreement is between the customer as named on the invoice and Temple Knight Plc (Co Reg: 01973532), registered office Marlbridge House, Enterprise Way, Edenbridge, Kent, TN8 6HF.
The agreement provides network and IT Support for printer related issues only and is subject to the following terms.
The terms and conditions within this agreement apply only to customers who are business customers and not consumers. A client is a business customer, if the client purchases support / goods from Temple Knight Plc for the purpose of the client’s business, trade or profession, rather than for private use. All other customers are consumers.
- Start Date, Term, Termination & Hours of Business
Upon the invoice date we will provide services for 12 months (unless otherwise stated).
Hours of support are Monday to Friday 9am to 5pm (excluding bank holidays).
Either party can terminate the agreement by giving 30 days written notice to the other, please see clauses 8, 9 & 15.
- What Equipment is Covered & Charges
If you have either a Temple Knight CPP Service agreement or cost per copy maintenance agreement for your copier or printer we will include all machines for network & IT support, unless other wised agreed.
We charge the following tariffs for IT Printer Support:
- Level 1 – Single machine is £179.00 per annum (or £17.90 per month by DD)
- Level 2 – 2 to 5 machines is £299.00 per annum (or £29.90 per month by DD)
- Level 3 – 5 to 9 machines is £499.00 per annum (or £49.90 per month by DD)
- Level 4 – 10 to 15 machines is £799.00 per annum (or £79.90 per month by DD)
- Level 5 – 15 to 20 machines is £1,099.00 per annum (or £109.90 per month by DD)
- Level 6 – 20 machines plus is £1,500.00 per annum (or £150.00 per month by DD)
Temple Knight can review the charges under this agreement and increase the costs on an annual basis. Temple Knight will communicate any price rise by email or letter and give the customer 30 days’ notice of such increase.
- Services We Provide Under this Agreement
We will provide support on request for network and IT related printer issues on a best endeavours basis.
The scope of what is offered under this agreement covers the following areas:
- Adding or deleting users
- Troubleshooting IT related printer issues
- Firmware (if available)
- All support will be provided by telephone or remote diagnostics.
Any printer related software issue which takes more than 4 working hours or requires a site visit, will be quoted for separately.
- Exclusions under this agreement
We exclude the following unless otherwise stated:
- Support on 3rd party software
- Support if the customer is not using the manufacturers drivers or software.
- Support on any device not listed on a Temple Knight service agreement.
- Support on any device that is using either a Microsoft or MAC OS which is no longer supported.
- Any situation deemed by Temple Knight at its absolute discretion to be out of the scope of this agreement.
- Payment Terms & Direct Debit
If paying by invoice, payment terms are strictly 30 days from the date of the invoice, on an annual basis.
If paying by direct debit we will bill over 10 months on or around the 1st day of the month.
If you decide to pay by direct debit, Temple Knight will take all payments by direct debit for all other contracts and services unless the customer provides written instructions to the contrary.
- Temple Knight’s Obligations under this Agreement
Under this agreement we will provide service and support by either telephone or remote session on the request of the customer.
Temple Knight will provide operatives to assist the customer on a best endeavours basis.
Where Temple Knight cannot provide a resolution, we will inform the customer in writing by either email or letter.
- Customers Obligations under this Agreement
- To pay all invoices on time and in full.
- Co-operate with Temple Knight in all matters relating to the provision of services.
- To allow as appropriate remote access to the customers server whether on premise or in the cloud along with access codes and passwords as required for the Temple Knight operative to complete their tasks.
We may end this agreement immediately at any time if:
(a) you do not make any payment on time or do not carry out any of your other duties or
(b) you are unable to pay your debts. You go into liquidation or have a receiver, or an administrative receiver appointed over any of your assets.
If we end this agreement because of your default, you will have to pay us the total of the following:
(a) any money and any interest that you owe, plus
(b) our costs in collecting the payments (details available on our website) and interest that you owe, plus:
(c) compensation for agreed loss of revenue. This will be an amount equal to the total of service payments you would have paid for the rest of the initial period.
Temple Knight plc shall not be liable for any loss or damage caused directly or indirectly by any defect in the repair services carried out under this agreement or any parts or equipment supplied to the customers, save for any liability for death or personal injury for which liability is excluded only to the extent allowed by law.
- LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
Nothing in the Contract limits any liability which cannot legally be limited, including [but not limited to] liability for:
(a) death or personal injury caused by negligence.
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to the remaining provisions of this Clause 9;
(d) the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the annual Contract Price; and
(e) the Supplier shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
If at any time any one or more of the provisions of these conditions becomes invalid, illegal or unenforceable under any lay or is held by a court to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions hereof shall not be in any way affected or impaired thereby.
- Data Protection
For complete details of Temple Knight’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Temple Knight’s rights and how to exercise them, and personal data sharing (where applicable), please visit Temple Knight’s website at:
- Assigning the Agreement
The customer may not assign or transfer its rights and obligations under this agreement without the written consent of us (such a consent not to be unreasonably
withheld). We may assign its obligations hereunder giving no less than one month’s notice in writing to the customer.
Any notice sent by you or us under this agreement must be sent email to email@example.com . The notice is only served once Temple Knight confirms the receipt of the notice.
16.Joint and several liabilities
If you are two or more customers, you will be liable together and separately.
- Waiver of rights
Our rights under this agreement will not be charged by any delay or failure in enforcing any of the terms of this agreement.