|
|
|
| Terms&Conditions |
 |
TERMS & CONDITIONS of the Technical Service Department OF DIAMOND ICT LTD
1. The term "Diamond ICT" means Diamond ICT Ltd. These terms and conditions will apply to and be incorporated into every agreement between Diamond ICT Ltd and any other company, firm or person ("Customer"), under which the Technical Service Department of Diamond ICT supplies services or goods. These terms and conditions shall supersede all earlier terms and conditions of the Technical Service Department of Diamond ICT. Acceptance of delivery of the goods or services shall be deemed conclusive evidence of the Customer’s acceptance of these conditions. Any variation to these Conditions (including any special terms and conditions agreed by the parties) shall be inapplicable unless agreed in writing by Diamond ICT.
2. Technical Services to be delivered are as listed, described and specified in the quotation or estimate.
3. All services will be provided during normal business hours of Diamond ICT from 8am – 5.30pm Ugandan time, Monday through Friday, excluding holidays. Holidays include, but may not be limited to, the Ugandan holidays. In the event that one of these holidays falls on a Saturday, the preceding Friday shall be a holiday. In the event that one of the holidays falls on Sunday, the following Monday shall be a holiday.
4. The professional fees payable for performing the Technical Services are to be in accordance with the rates as defined in the quotation or estimate of Diamond ICT. All fees and expenses are to be paid to Diamond ICT in cash.
5. Any and all payments made by the Customer pursuant to the quotation or estimate shall be non-refundable.
6. In the event that the Customer fails to pay Diamond ICT pursuant to the quotation or estimate, Diamond ICT reserves the right to withhold any items belonging to the Customer and to suspend any further Technical Services until Diamond ICT receives full payment for all fees, including reimbursable expenses, due to Diamond ICT.
7. Diamond ICT warrants that all of its Technical Services will be performed in a professional and workmanlike manner consistent with industry standards reasonably applicable to such services. The Customer acknowledges and understands that no hardware or software is perfect or error free, and that despite its commercially reasonable efforts, Diamond ICT may be unable to provide answers to or resolve some or all requests for Technical Services. Diamond ICT makes no promises, guarantees or assurances of any kind that it will be able to provide the Technical Services the Customer seeks. Diamond ICT promises to do the best to satisfy each customer, whether it be complete software or hardware fixes, or workarounds to a problem.
8. Technical Services, other services, information, required hardware parts, and required software provided to the Customer by Diamond ICT are provided "as is" without warranty of any kind, express, or implied, including, but not limited to, the implied warranties of the vendors or manufacturers.
9. Diamond ICT warrants that any Technical Service done by its personnel will not infringe any third party copyrights, patents or trade secrets. Diamond ICT is not responsible for any infringements caused by the Customer or its affiliates or other parties to third party copyrights, patents or trade secrets. If a third party takes action against the Customer for any infringements of this nature, then the Customer will, at its own expense, settle the claim or arrange to defend himself in such proceedings, and, in such circumstances, the Customer will pay all settlement costs, damages, and legal fees and expenses finally so awarded.
10. In no event shall Diamon ICT be liable to any person for any special, general, incidental, indirect, consequential, or punitive damages of any kind, including, without limitation, those resulting from negligent or criminal acts of third parties, loss of use, loss of data, lost profits, or computer hardware damage, in connection with any of its services, or any other information, documents, products, software, downloads, repair services, advice, and information provided by Diamond ICT or any of its third-party product or service providers, whether such person is advised of the possibility of such damages. The Customer shall not be entitled to demand any penalties or refunds from Diamond ICT.
11. In the event Diamond ICT’s delivery of the Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; power outages, technical equipment failures, or any other cause beyond Diamond ICT’s reasonable control, then Diamond ICT shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
12. Diamond ICT reserves the right to refuse, suspend or terminate any of its services to any user in its sole discretion, without notice. Reasons for refusing service include, but are not limited to: using computer system fraudulently, illegally, or for propagating libelous or otherwise defamatory, obscene, pornographic, abusive, harassing or threatening material.
Kampala, 04 February 2008
|
|
|
|
|