Terms (Services)
1. Introduction
These terms and conditions and any “order confirmation” which incorporates a “helpdesk support plan” that we provide to you in relation to IT support services, together set out the contract between us. If there is any conflict between these terms and conditions and the order confirmation the latter will apply. In these terms and conditions, “you” means the person who is our customer, or if there is more than one person, those people who together are our client. Where the client is more than one person they will be jointly and severally liable for our fees. We will identify who our client is in the order confirmation. “We” means Think IT Services Ltd T/a Techpal and its successors (also referred to as “Techpal”)..
2. Our List Of Services
We supply services either On Demand or Via Subscription
On Demand / Ad-Hoc Telephone/Remote Helpdesk/Workshop/IT Consultancy
You can purchase services On Demand. These services are non subscription. You can request a one time, on demand service which is delivered via telephone/remote/onsite/workshop/ on a per project basis.
Our On Demand /Ad-Hoc Services include
Telephone / Remote Tech Help
Web Design
Supply Hardware/Software/Accessories
Installation Services
New / Refurbished Computer Installations
Data / Email Migration
Date / Email Recovery
Virus/ Malware Removal
System Clean-up / Optimisation
App Design/Creation
On Site Tech Services
Domain Registration
Setup Domain Hosting
Setup Website Hosting
Setup Domain Email Hosting
Google Business Profile Services
Our rate card for On Demand services is available by contacting sales @ techpal.co.uk. You can book an engineer to provide support via telephone, remote support (using our secure remote support app ) or on site visit to your premises. All prices will be agreed in advance via email. Client will be required to provide our engineer with full access to the equipment/ premises in order to carry out the service.
New Hardware & Accessories are offered with manufacturer warranties.
Refurbished Hardware & Accessories Refurbished computers are guaranteed for 90 days from the date of sale against hardware failure and will always be supplied with genuine, licenses software unless specifically agreed to be supplied without software. Problems arising from the misuse, damage (accidental or otherwise), failure to adequately protect the computer from viruses, spyware, malware and other such malicious programs are not covered. Batteries, Mice, Keyboards are considered consumables and therefore not covered under any warranty.
Any estimates for work to be carried out are always estimated based on standard procedures where no other problems are detected. Installation fees may be higher if unexpected issues are uncovered in the process.
Subscription Services supplied either rolling monthly or 12 monthly agreements
Subscription Services include
Helpdesk Service Plans
Microsoft Hosted Exchange Email
Microsoft 365
Microsoft 365 Portal Management
Domain Hosting Management
Website Hosting Basic (Client Self Managed)
Website Hosting Managed (Techpal Managed) Plan
Work From Home License
Bitwarden Password Manager
Online Backup
Online Drive / TeamFolders
Hosted Business Telephones
4G Router Services
Business Broadband
Business Telephone Lines
Leased Lines
Helpdesk Service Plans
Level 1 Lite – the plan includes updates monitoring and Endpoint Protection Business Edition. No helpdesk is included. Helpdesk can be requested and will be charged at 50% of the On demand helpdesk rate card prices.
Level 1 Basic helpdesk is provided during normal working hours. The plan includes updates monitoring and Endpoint Protection Business Edition. Depending on your needs, the helpdesk is offered with either 15 or 60 mins helpdesk per device per month. Minutes can be shared between devices per month. Extra time is charged at 50% of the On demand helpdesk rate card prices.
Level 2 Standard helpdesk is provided during normal working hours. The plan includes updates monitoring, windows & 3rd party patch management application and Endpoint Protection Business Edition software. Depending on your needs, the helpdesk is offered with either 15 or 60 mins helpdesk per device per month. Minutes can be shared between devices per month. Extra time is charged at 50% of the On demand helpdesk rate card prices.
Our plans are offered on a monthly or 12 monthly rolling agreement. The contract between you and Techpal starts on the date stated in any order confirmation or email agreement.
If helpdesk services are required then all computers devices connected to the client business data should be included in the helpdesk support to provide a more comprehensive service.
Our helpdesk services include industry standard approved software for monitoring and protection. Techpal cannot be responsible for the performance and integrity of any third party software / service providers.
All helpdesk services require 30 days notice of cancellation by you or Techpal in accordance with clause 2.2 or clause 8. Subject to clause 8, either party must give the other party 30 days written notice (including by email) of its intention to terminate the contract prior to the anniversary of the date the contract started. Otherwise, the contract will remain in force and you will be bound by the terms and conditions of the contract. The contract between you and Techpal, and all terms and conditions in this document remain in effect until such time as the written notice (including by email) of termination given by either party has elapsed.
Hosted Services
Domain Hosting – we offer domain services which renew annually. We offer our domain services subject to providing an annual domain management fee. Domain renewal fees are charged annually in advance. Domain fees not paid within the terms will mean the domain is cancelled and not renewed.
Webhosting – we offer web hosting including WordPress hosting services for any domain under our management. Web hosting fees are charged annually in advance and do not include maintenance or management fees. Webhosting management ie updates of WordPress sites/backups/maintenance is charged separately annually in advance and prices are available on request. Clients with no maintenance are liable for the health of any hosted websites.
SSL Certificate – we offer SSL certificates for any domain under our management. SSL fees are charged annually in advance.
Microsoft Exchange Services – we offer Microsoft Hosted Exchange via Giacom on a monthly or annual basis depending on client agreement in place. Hosted Exchange Email is offered to clients with or without a support plan. Clients without a support plan will not have any support included for their hosted exchange subscription. Clients with Basic Level 1 or Standard Level 2 will receive support with their Hosted Exchange Services.
Microsoft 365 – we provide Microsoft 365 via Giacom. Microsoft 365 plans are only offered to clients with one of our 3 support plans. All 365 plans as of Jan 2023 are offered on a Microsoft 12 month rolling agreement.
Clients who require Techpal to manage their 365 Portal will be charged 365 portal management Fees apply.
Online Backup
We offer hosted cloud backup and services via Livedrive and terms for the backup are available to view at https://techpal.co.uk/backup-terms-and-conditions/
Business Telephone Systems
We provide a full feature hosted telephone system. Phone systems are customisable to a client requirements. Phone services are provided on a monthly or 12 monthly rolling agreement with 30 day termination terms.
All hosted services require 30 days notice of cancellation by you or Techpal in accordance with clause 2.2 or clause 8.
Our hosting agreements are billed monthly 1st – last of the month. Any agreement started within a month will be subject to a pro rata invoice at the first month and at the last month of the agreement period.
SOGEA FTTP Broadband
We offer SOGEA FTTP Broadband products and services on a 12 month rolling agreement with 90 day termination terms.
Leased Lines
We offer leased lines from various suppliers normally on a 12month, 36month or 60month agreement and have their own 90 day termination terms.
3. Our role
Our role is to provide IT support services and IT support software, in order that we can help you maintain and resolve any functionality issues relating to your IT software, hardware and equipment (the “IT support services”). on a subscription Support Plan or On Demand / Pay As You Go basis.
We use industry standard trusted software to help us provide you with our support plans including secure remote connection software to assist, monitoring and patch management to keep systems healthy and Endpoint security to protect your computers.
Our helpdesk services include industry standard approved software for monitoring and protection. Techpal cannot be responsible for the performance and integrity of any third party software / service providers.
Techpal, cannot be responsible for the performance and integrity of any third party software and/or vendors including internet service providers, although charges will still apply for work undertaken by us
We will endeavour to provide our subscription helpdesk services in a prompt and timely manner and conduct these services professionally according to our SLA service level agreement. Our aim is to provide guidance and support to help you maintain a healthy computer environment.
We will be under no obligation to provide IT support services if you have not paid in full the value of the contract within the payment terms stated in the support plan.
Our Hours of Service
We provide services during 2 named working hour periods i.e.
1) Normal Hours 0900-1700 hrs Mondays to Fridays.
2) Extended Hours 1700-2000 hrs Mondays to Fridays, 0900-1300 Saturdays.
Both exclude any public holidays and company closures during the December holidays.
For quality and training purposes, Techpal may record all telephone calls and other communication, digital or otherwise.
4. Helpdesk Plans Service Level Agreement (SLA)
The Service Level Agreement (SLA) regulating user support is described below.
The SLA general terms are as follows:
Service Request: No time limits, via email, ticketing system, telephone;
Service Request Processing: within 4 business hours from service request;
Resolution: within 8 business hours from service request, except in the case of specific user requirements and subject to availability of materials and equipment, in 90% of cases;
In the event of repairs under warranty, the above time frames might be longer depending on the time required for repair by the supplier.
In order to optimise service response times and improve the quality of the service customer requests will be accepted via email, ticketing system or telephone. Please submit your request to: supportteam (at) techpal.co.uk . Given the difficulty in filtering incoming spam messages, it is not possible to guarantee the processing of requests from all email addresses.
We aim to provide diagnosis and repair (where possible) within a ‘reasonable’ period of time. Customers must accept that our charges are time-driven and the service represents the opinion of a professional, employed by Techpal. We do not operate a ‘no fix-no fee’ policy.
Our helpdesk services include industry standard approved software for monitoring and protection. Techpal cannot be responsible for the performance and integrity of any third party software / service providers.
Techpal, cannot be responsible for the performance and integrity of any third party software and/or vendors including internet service providers, although charges will still apply for work undertaken by us
5. Your Contribution
While we provide services to help protect your company data, your company data and systems are your responsibility. We do offer an automated cloud backup service on some plans, you are also advised to carry out a full manual data backup regularly on all your IT software and hardware (not limited to the IT software and hardware listed in the equipment inventory). We accept no liability for any data loss in the case of software failure, internet connectivity issues, or absence of a regular manual backup. All your IT software and hardware must be licensed, used and maintained as prescribed by the manufacturers. You will provide us with full access to all equipment, IT software and hardware, working documents and current data backups to allow Techpal to provide the IT support services. You will take all reasonable precautions to ensure the safety and health of our engineers while at your premises
6. Payment & Fees
You are ultimately responsible for the payment of our fees. Our fees exclude VAT.
Clients with no credit terms are required to pay their invoice immediately.
Clients with credit terms and monthly subscriptions will be billed at the end of each month for all services provided. Any additional services provided during the month will be added to the monthly invoice for payment. All credit term invoices will be issued with 7 day terms.
Techpal will be entitled to recover from you any reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the IT support services.
Techpal reserves the right to amend or vary the fee we charge you as stated in any order confirmation or email and support plan at any time to reflect any changes in your contract or changes to the provision of our IT support services (including, but not limited to, the equipment inventory, support plan, order confirmation or any increases in the cost to Techpal of providing the IT support services). Any changes will be confirmed by Techpal to you in writing (including by email) and will take effect from the date confirmation is sent to you
7. Changes
We can make reasonable changes to the contract and these terms and conditions between you and Techpal at any time. All changes will be confirmed by Techpal to you in writing (including by email) and will take effect from the date confirmation is sent to you.
8. Termination
Techpal may terminate the contract between us at any time if: –
You are in breach of any of your obligations under the contract; You have entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with your creditors generally or you have an administrator, administrative receiver or receiver appointed over all or a substantial part of your undertaking or assets; You become bankrupt or shall be deemed unable to pay your debts by virtue of section 123 of the Insolvency Act 1986;You cease or threaten to cease to carry on business; or
Any circumstances whatsoever beyond our reasonable control necessitate and justify termination of the provision of the IT support services.
You and Techpal may terminate the contract between us in accordance with clause 2.1.
9. Liability of Techpal
9.1 Our duty of care is to provide IT support services with reasonable skill and care using industry standard tools. Techpal use industry standard apps for monitoring and protection for its helpdesk services. Techpal may recommend specific software to detect/remove malware/viruses/spyware and further protect your computer from other such malicious items in the future. We cannot, however, guarantee 100% protection from these items and will not be held responsible if your computer / drives or network becomes infected.
9.2 Nothing in this contract shall operate to exclude or limit our liability for death or personal injury caused by our negligence or for liability for fraud or fraudulent misrepresentation.
9.3 Notwithstanding clause 9.2, we will limit all liability of whatever kind howsoever caused, whether or not due to our negligence, tools used or wilful default whether from the supply or use of IT support services or otherwise to an amount equal to the maximum sum actually available and paid under any policy of insurance which covers the circumstances and liability in question.
9.4 In addition, we will under no circumstances be liable for any indirect or consequential loss whatsoever or howsoever arising as a result of the delivery of the IT support services, or any failure of all or part of the IT support services or otherwise pursuant to this contract including (by way of illustration only and without prejudice to the generality of the foregoing):
9.5 Any loss of profit, contract, or opportunity, whether due to a failure of the IT support services or otherwise and including any such loss arising from a loss, failure or corruption of data as a result of the provision of IT support services;
9.6 Any costs associated with the recovery of data or arising as a result of a failure of a computer system to perform as expected;
9.7 Any loss or liability attributable to obsolescence; or
9.8 Any economic loss suffered by you.
10. Confidentiality
We will keep all information relating to your affairs confidential and we will not disclose your confidential information to others. If, on your authority, we are working in conjunction with other advisors instructed by you (either directly or through us), we will assume that we may disclose any relevant aspect of your affairs to them. We may also disclose information about you and your affairs to third parties if: –
You agree we should; It is within the scope of our instructions to do so; It is in accordance with our data protection policy outlined below; or
We are required to do so by law or by our insurers.
We have no obligation to disclose to your confidential information about other clients.
11. Data Protection
In the course of providing IT support services to you, we may hold personal information about you, your officers and/or your employees. We will use such personal information to provide advice to you and for related services including updating and enhancing our customer records and analysis to help us manage our services. We may also pass your personal information to other people or organisations (“data processors”) to carry out these activities on our behalf. If we do this, we will require those data processors to put in place appropriate measures to protect your personal information. We may from time to time use your personal information to contact you about products, services, events and updates which we believe may be of interest to you. If you would prefer not to receive such communications, please contact us.
12. Assignation
You will not assign or otherwise deal with any benefit or liability under the contract without our prior written consent. We may assign or sub-contract the whole or any part of the contract without your
consent.
13. Severance
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. If you are unhappy with our service please write to us at Techpal, 102 Stockingstone Road, Luton Alternatively, we can be contacted via email or the telephone number on our website.
14. Intellectual Property Rights
All intellectual property rights in or arising out of or in connection with the IT support services will be owned by us.
15. Governing Law and Jurisdiction
English Law will apply to the contract between us and you agree that the English courts will have exclusive jurisdiction in the event that a dispute arises.