Terms & Conditions

Limited Company and information referred to herein

1) ABC TP Ltd is trading as ABC Service Company No. 12478176

2) Throughout this website "ABC TP Ltd", "ABC TP Ltd T/A ABC Service" OR "ABC TP Ltd t/a ABC Services" OR variations of ABC TP Ltd will be referred to solely as ABC Service.

3) All contracts will officially be with ABC TP Ltd as the managing/parent company and all rights and responsibilities, contracts and financials and client data will therefore be held solely with this company.

4) Client data is managed under ABC TP Ltd a Ltd Company registered in the UK and registered with the ICO.

Registered Office Address: ABC Service, 69 West Street, Tavistock, Devon, PL19 8AJ
VAT GB192768168   |   Company Number 12478176

 

Limited Liability

ABC TP Ltd T/A ABC Service here in referred to solely as ABC Service shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

In no event will ABC Service be liable for loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, during servicing even if ABC Service has advised you of the possibility of damages or loss to property including data. ABC Service liability of any kind with respect to the services, shall be limited to the contract price for the services.

The client and ABC Service agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at ABC Services option, additional attempts by ABC Service to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of ABC Service services would be much greater if ABC Service undertook more extensive liability.

The client is made aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data and assumes any and all known risks of injury and property damage that may result in carrying out a repair. For example an old laptop could have parts that are brittle....when undoing screws in the bottom of an old laptop a couple of the plastic lugs could just break, no reason, just age and wear of the plastic which would make this unavoidable.

The client is aware that ABC Service hold no responsibility for and does not store passwords or such like that the client provides to us unless contracted to do so under our Managed IT Support contracts. The client also understands that ABC Service is not liable for any relevant information to potentially change/alter those passwords at the clients request. No password changes will be carried out unless required or requested by the client and must be by the original account or device holder.

Quotations

Upon initial inspection of the equipment, an estimate will be provided for the necessary repairs and may be subject to change by the end of the repair. We will endeavour to maintain pricing as near to the original quote as possible but this cannot be guaranteed. We will always update you prior to any increase in costings.

For work or product/part quotations above £300 a payment of 100% for goods and services will be required prior to the commencement of the works.

The acceptance of an estimate or quotation for a service or repairs and instruction to proceed by the Client either verbally by telephone or in person, or in electronic mail shall be deemed acceptance of these terms and conditions.

Unclaimed Equipment

Any equipment left with ABC Service and unclaimed for 90 days, will be disposed of to recover our costs incurred while carrying out a quotation, service or repair. After this period, ABC Service shall have no liability to the Client or any third party.

A letter or electronic communication will be issued at 30 days in respect of the above.

Confidentiality

ABC Service agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees of ABC Service subject to confidentiality agreements or as required by law. Any client data or files will be stored securely on a data server owned and maintained by ABC Service. Additionally, any client data seen including data or information of the customers on the clients machines will be kept strictly confidential under UK confidentiality laws.

A break of confidentiality will be made if the client is carrying out unlawful works including but not limited to, illegal activity around drugs, child pornography, human trafficking or the like.

Software

ABC Service will not install/configure any software the customer provides if we believe it to be illegal.

It is the customers responsibility to install any software that is not supplied to us at the time of repair. If upon return of devices we are asked to install software that we were not initially supplied/agree to do we reserve the right to charge additional fees.

Non Compatible Software

The Customer understands and accepts that some software applications may no longer work correctly after a repair or upgrade has taken place. This may be due to the installation of the latest hardware or software. It is therefore the Client’s responsibility to reinstall or reconfigure these applications.

Onsite Visit Cancellations

You may cancel an agreed home or business call out at any time up to 1 hour prior to the agreed appointment time.

Service or repair cancellations can be communicated by any of the following:

• Email
• Telephone
• Facebook Message

If no one was available when an engineer calls to the Client’s premises, a note or voicemail will be left confirming the call out. A new appointment can be re-scheduled however, the Client will be subject to a charge equivalent to 50% of our standard hourly rate in addition to the costs of the service or repairs.

Manufactures Warranty

During the performance of our services, we may affect a manufacturer’s warranty validity. It is the Clients responsibility to determine the consequences of our services on any manufacturer’s warranty and take the appropriate action necessary.

Beyond Economical Repair

ABC Service will always try to inform the client if we feel their equipment is beyond economical repair. This will be our opinion only and should not discourage the customer from seeking a second opinion.

Client Legal Rights

The Client is the legal owner of the computer equipment handed over to ABC Service for repairs. It is also acknowledged that all data stored on the computer equipment is the Clients property and ABC Service is not permitted to access this data without the explicit permission of the Client.

Client Data

ABC Service will make every possible effort to preserve the Client’s data, files and software, however it should be noted that there are NO GUARANTEES that the Clients data, files and software will remain intact after the repairs.

IT IS THEREFORE THE CLIENT’S SOLE RESPONSIBILITY TO ENSURE THAT ALL THE DATA AND INFORMATION STORED ON THE COMPUTER EQUIPMENT REQUIRING REPAIRS IS APPROPRIATELY BACKED UP TO OTHER STORAGE DEVICES PRIOR TO HANDING OVER FOR REPAIRS.

Charges will incur if ABC Service has to perform a lengthy backup procedure to protect the Clients own data in order to complete the repairs.

We cannot be held responsible for the following:

• Loss or corruption of data, files, information or records;
• Any loss of business goodwill
• Any losses attributed to the interruption to business activity while equipment is out of service for repairs
• Failure by the Client to follow our reasonable recommendations, instructions and advice to back up data
• Any losses you may suffer arising from failure to use anti-virus software
• Any loss considered to be unforeseeable
• Damage resulting from viruses or other malicious software that may have been transmitted during servicing or repairs and therefore escaped detection

Payment

Payment is due in full on the date of the invoice, prior to the release of the equipment whether delivered to the Clients address or picked up from ABC Service place of business unless by special previous arrangement.

If credit terms are approved, payment in full must be made within 14 days from the date of the invoice.

Overdue payments may place the Client on credit hold. This means no further services, repairs or equipment will be supplied or made available to the Client until all previous payments are paid in full. ABC Service may, at its discretion, withdraw credit facilities at any time if the Client is found to be in breach of these terms and conditions.

We will accept payment by cash, card or bank transfer. In circumstances when goods are supplied, you will only own these goods when payment in full is received.

Remote Support

Whilst ABC Service will use reasonable amounts of skill and care to resolve problems you have referred to us, you accept that we may not be able to correct your problem using our remote support service due to circumstances beyond our control. In the event that it is not possible, we will discuss alternative methods with you in order to resolve your problem, including our onsite service.

We rely on the information you give us to operate this service. Such information must be complete and as accurate as possible to enable us to effectively resolve your problem.

Remote Support Contract

Please refer to our remote support Terms and Conditions on this page.

Warranty

ABC Service provides a 90 day return to base warranty on labour only repairs carried out on computer equipment requested by the Client. ABC Service makes no warranty for data or computer files either expressed or implied. ABC Service disclaims any data warranty of any kind. If the same problem re-occurs within 30 days of the original repair, ABC Service will undertake the repair again without charge. However, charges will be incurred should additional parts be required. This warranty excludes faults caused by viruses, windows updates or other software issues.

All new items supplied by ABC Service come with a 12 month return to base hardware only warranty from the date of the invoice unless stated otherwise. This warranty also excludes faults caused by viruses, windows updates or other software issues. In some instances, we may offer second hand or reconditioned parts at a reduced cost. The Client will be consulted if they are willing to accept second hand or used parts prior to fitting. A 60 day return to base hardware warranty will be provided with second hand or reconditioned parts.

Any warranty offered will become invalid if the manufacturers marked label is removed or tampered with in any way from the parts installed during a repair.

Parts are only covered under warranty that fail due to manufacturing defects for the said parts and confirmed by the component manufacturer. Should the part fail because of mishandling of the computer equipment or inadequate subsequent servicing or failure from “fair wear and tear” the warranty becomes invalid.

Damage to a computer system or its components supplied by ABC Service under a repair contract caused by a power surge or spikes, including but not limited to mains power and telecoms connections or other unspecified sources e.g. voltage fluctuation, amperage fluctuation, water ingress are not covered under the warranty.

Furthermore, the warranty does not cover for any loss or damage due to negligence, mishandling, accidents, theft, water flooding, war outbreak, electrical storms, fire outbreak, earthquakes, or any other act of God.

Please note all items covered by our warranty are on a return to base basis, meaning you will need to return the equipment to us. Any items collected from a customer’s home or business premise are subject to a call out fee, customers will be made aware of this upon any warranty claim.

Custom Builds including Gaming Towers

A quote will be issued via email and any confirmed quotes are binding. Once payment has been received parts are ordered and the PC is built to the specifications on the quote / confirmed invoice.

At any point should an individual cancel or wish to no longer accept their custom build device after it has been built, payment will be refunded minus 20% of the total amount as a restocking fee for parts with our wholesaler and covering our engineers time.

 

PLEASE NOTE THIS IS NOT AN INSURANCE POLICY

Our remote support contract follows very simple terms and conditions

Service = Bench Fee / Our Time and does NOT include parts.

Discounts are only given on the service charge and cannot be given on the parts themselves.

Price - Price is per PC/Laptop/Mac device, this does not cover portable devices such as tablets and phones.

• You agree for ABC Service to install system monitoring software and remote software on your PC with anytime access. This allows us to remote in whenever you require support with ease and without fuss. (Please note that we use Splashtop which records all remote support sessions. Additionally, if this should pop up on your screen saying it needs to be updated please do so).
• Any callouts or send to base items are charged at full price minus 20% as part of the remote support contract.
• Callouts outside of Tavistock incur travel charges.
• Items sent to us to repair by courier is charged to you as the individual or business at cost. Items must be packaged well in a box and ideally in bubble wrap or similar to ensure the successful travel of the device without damage.
• Contract Duration is for a minimum of 12 months from date of form submission.
• At the end of every 12 months we request your device be brought into us for a full service. Any parts required are chargeable but the service itself is not (some people refer to this like an MOT).*
• We will endeavour to respond to support requests in a timely manner, in most instances the support can be carried out there and then, whilst in other instances within a 24-48 hour time period. Please note business remote support contracts are prioritised over home clients.
• If your PC requires additional servicing throughout the year please note that bench fees are reduced by 20% but parts are still chargeable in full.**
• We will at all times endeavour to support you and/or your business where possible and can understand that we may need to provide remote support outside of working hours. This must be booked in during normal working hours and are only provided in exceptional circumstances.
• To form part of these Terms and Conditions you must also refer to our Computer Terms and Conditons.

* A full service includes a strip down of your device, clean up inside and out, re-assembly and checks on main operating system including system checks and diagnostics.

** This would occur if we are unable to carry out the support via remote support software or if a component itself is going.

1. Interpretation

The following definitions and rules of interpretation apply in this agreement.

1.1 Definitions:

Commercially Reasonable Efforts: the same degree of priority and diligence with which the Supplier meets the support needs of its other similar customers.

Contact list: a current list of Supplier contacts and telephone numbers to enable the Customer to escalate its Support Requests, including:

1. the first person to contact; and
2. the persons in successively more qualified or experienced positions to provide the support sought.

Customer Cause: any of the following causes:

1. any improper use, misuse or unauthorised alteration of the Services by the Customer;
2. any use of the Services by the Customer in a manner inconsistent with the Service Specification or instructions (written or verbal) given by the Supplier;
3. the use by the Customer of any hardware or software not approved by the Supplier in for use by the Customer in connection with the Services; or
4. the use of a non-current version or release of the any software.

Fault: any failure of the Services to operate in all material respects in accordance with the Service Specification.

General Terms and Conditions: the Supplier’s General Terms and Conditions.

Help Desk Support: any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues.

Higher-level Support: any higher-level support provided by an individual on the Contact List.

Out-of-scope Services: any of the following services:

• any services provided by the Supplier in connection with any apparent problem regarding the Services reasonably determined by the Supplier not to have been caused by a Fault, but rather by a Customer Cause or a cause outside the Supplier’s control (including any investigational work resulting in such a determination); or
• any Higher-level Support provided in the circumstances specified in paragraph 3.

Service Levels: the service level responses and response times referred to in the Service Level Table.

Service Level Table: the table set out in paragraph 5.1

Service Specification: the specific services, functions and deliverables (if any) to be provided by the Supplier to the Customer as detailed in the Schedule.

Solution: either of the following outcomes:

• correction of a Fault; or
• a workaround in relation to a Fault (including a reversal of any changes to the Software if deemed appropriate by the Supplier) that is reasonably acceptable to the Customer.

Support Request: a request made by the Customer for support in relation to the Services.

Third Parties: other suppliers, service providers, vendors and other third parties contracted with the Customer.

1.2 The following rules of interpretation shall apply:

1. terms as defined in the General Terms and Conditions shall have the same meaning when used in this Agreement; and
2. rules of interpretation in the General Terms and Conditions shall apply to this Agreement; and
3. the Schedule shall form part of this Agreement.

Services and support

2.1 The Supplier shall provide the Services in accordance with the Service Specification.

2.2 As part of the Services the Supplier shall:

1. provide Help Desk Support by tech@abcservice.co.uk or 01822 613154
2. commit appropriate resources to the provision of Higher-Level Support;
3. where Help Desk Support is not provided within the relevant Service Level response time and the Customer escalates its Support Request to an individual of appropriate qualification or experience on the Contact List, provide Higher-Level Support;
4. use Commercially Reasonable Efforts to correct all Faults reported under clause 4; and
5. provide technical support for any software provided by the Supplier as part of the Services in accordance with the Service Levels.

2.3  Any Higher-level Support requested by the Customer and provided by an individual whose qualification or experience is greater than that reasonably necessary to resolve the relevant Support Request shall be deemed an Out-of-scope Service, provided that an appropriately qualified or experienced individual was available at the time when the Higher-level Support was sought.

2.4 The Supplier may reasonably determine that any services are Out-of-scope Services. If the Supplier makes any such determination, it shall promptly notify the Customer of that determination.

2.5 The Customer acknowledges that the Supplier is not required to provide Out-of-scope Services.

3 Fees

• In addition to the Service Fee, the Supplier shall be entitled to charge (on a time and materials basis) where:
• no fault is found;
• Out-of-scope Services are required; or
• the cause of the incident that gave rise to the Support Request is one or more of the following:
1. that power has been switched off or disconnected from a socket, device or external power supply unit;
2. that a network cable is disconnected at device, data point, switch or hub including at the communications cabinet;
3. that that the fault relates to a telephone line and/or broadband circuit unless the telephone line and/or broadband service has been supplied and is currently supported by the Supplier under a managed services agreement;
4. that the fault relates to a Wi-Fi router unless that Wi-Fi router has been supplied and is currently supported by the Supplier under a managed services agreement; or
5. the Supplier reasonably believes that the fault has been caused (wholly or in part) by damage or interference with equipment or software by the Customer.

4. Submitting support requests

4.1 Each Support Request shall include a description of the problem and the start time of the incident.

4.2 The Customer shall provide the Supplier with:

1. prompt notice of any Faults; and
2. such output and other data, documents, information, assistance and (subject to compliance with all Customer’s security and encryption requirements notified to the Supplier in writing) remote access to the Customer’s informational technology systems and infrastructure, as are reasonably necessary to assist the Supplier to reproduce operating conditions similar to those present when the Customer detected the relevant Fault and to respond to the relevant Support Request.

4.3 The Customer acknowledges that, to properly assess and resolve Support Requests, it may be necessary to permit the Supplier direct access at the Customer’s premises to the Customer’s information technology systems and infrastructure and the Customer’s files, equipment and personnel.

4.4 The Customer shall provide such access promptly, provided that the Supplier complies with all the Customer’s security requirements and other policies and procedures relating to contractors entering and working on the Customer’s notified to the Supplier.

5. Service levels

5.1 The Supplier shall:

• prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported; and
• resolve all Support Requests in accordance with the responses and resolution times specified in the table set out below:

Affected Service	Priority	Response Time	Resolution Time
Service not available (all users and functions unavailable)	1	1hr	2-24 hours*
Significant degradation of service (large number of users or business critical functions affected,	2	2 hours	12-24 hours*
Limited degradation of service (limited number of users or functions affected, business process can continue)	3	4 hours	48 hours*
Service Requests (e.g. new equipment request /new starter or leaver)	4	8 hours	120 hours*

*The average resolution time has been between 40minutes to 1hr 30mins. If it is due to external issues beyond our control then this resolution time is void.

5.2 The Supplier and the Customer may agree to vary the Service Level Response Times and Resolution Times.

5.3 The Supplier shall give the Customer regular updates of the nature and status of its efforts to correct any fault.

5.4 The Customer acknowledges that the achievement of the Service Levels by the Supplier may require the co-ordinated, collaborative effort of Third Parties, which can delay the resolution time, holidays will be taken into consideration.

5.5 The response times shown in the table above shall not apply to the following:

1. additions, moves or changes to users, devices, configurations or network;
2. issues reported otherwise than in accordance with paragraph 4.2 above;
3. issues reported outside of Service Hours;
4. issues caused by Equipment or Software not meeting the Supplier’s Minimum Standards;
5. requests relating to Software that is not Approved Software (see paragraph 5.6 below);
6. issues that have been caused by the Customer not acting on advice or recommendations given by the Supplier;
7. issues caused by the Customer or third parties modifying any Equipment or Software configuration;
8. issues related to user-initiated virus and malware infections;
9. issues involving the sourcing of Equipment or Software; and
10. issues involving Equipment or Software that are not under current warranty or maintenance coverage.

5.6  For the purposes of paragraph 5.5(5) above, the following Software is Approved Software:

5.6.1 Microsoft:

Office 365 (Word, Excel, PowerPoint, Outlook etc), Project 2019, Teams, OneDrive, Skype, Azure, Exchange Online

5.6.2 Adobe CC:

Acrobat Reader, Acrobat Pro, Photoshop, InDesign, Illustrator

5.6.3 Web Browsing:

Google Chrome, Mozilla Firefox, Safari, Edge and Opera

5.6.4 Conferencing:

Zoom, Teams, Google

5.5.5 Anti-Malware & Additional Security:

ABC Guard, Emsisoft, BitDefender, Email Security (Cloud), Vade

5.5.6 Backup:

Skykick, Hex Backup

5.5.7 File Sync:

DropBox Business, OneDrive for Business

5.5.8 Video:

VLC, Windows Media Player

5.5.9 Operating Systems:

Windows 10 and above, MacOS 10.12+

6. Data back-up services

• Where data back-up services are included, the following shall apply:

• The Supplier will provide the Customer with the ability to upload its data from its computer systems and store it on third-party servers for the purpose of offsite backup, and to restore this data if required.
• The Supplier will allocate to the Customer the designated storage quota for the storage of its data.
• The Supplier will encrypt the Customer’s data during transit and storage.
• The Supplier will store the Customer’s data in data centres providing a high level of environmental protection and physical security.
• The Supplier will automatically upgrade the Customer’s Allocated Storage Quota to ensure that its backups will continue uninterrupted should if the storage limit is reached.
• The Customer agrees not to permit any third party to use the data backup service.
• The Customer must not store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal offence or other unlawful act under any laws.
• The Customer agrees to securely store its service and access details and will not knowingly allow its service and access details, specifically any security codes or passwords, to be viewed or retrieved by any third parties.
• The Customer must promptly report any actual or suspected security breaches to tech@abcservice.co.uk & support@abcservice.co.uk | 01822 613154
• The Customer agrees that it is solely responsible for paying in full any costs due to any third party that result from the use of the backup service.

6.2 Whilst the Supplier will use Commercially Reasonable Efforts to ensure the security and protection of the Customer’s data, no warranties are given that:

• the backup service will be available at all times without interruption;
• data centres will be free from unauthorised physical or remote access;
• data stored will be entirely safe from loss or corruption; and
• a full restoration of data is always possible.

• The Customer’s attention is also drawn to the limitations on the Supplier’s liability found here https://abcservice.co.uk/terms-conditions/ under Computer Services and may be subject to change without notice.

This includes Office 365, Microsoft 365 and Azure products.

Microsoft stipulates that contracts are either a monthly or yearly contract term. In most instances to ensure you get the best possible price a 12 month contract is entered into. Any form of confirmation regarding taking out a Microsoft license through ABC Service will instantly commit you to a 12 month contract unless monthly is stipulated by you as a client. Note that with a monthly contract the cost is higher per month and still requires a 30 day notice of termination of which during that period you will still be charged.

 

https://www.microsoft.com/en-gb/servicesagreement

 

If a loss of service occurs under no circumstances shall ABC TP Ltd T/A ABC Service, here in solely referred to as ABC Service, be liable to you for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether ABC Service is advised of the possibility of any such damages.

Effectively if Microsoft goes down there isn't anything we can do about it. (The same would apply to Google as well) and we cannot be held liable for it.

Terms & Conditions

The following Terms and Conditions of Service apply to all design and branding services provided by ABC TP Ltd T/A ABC Service here in referred to solely as ABC Service and in the event of any dispute are governed by the laws of England.

All work is carried out by ABC Service on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by ABC Service on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of ABC Service, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, ABC Service will provide the customer with a written estimate or quotation by email or unless price is otherwise stated on our website.

An email response or phone call confirms the work can be carried out at the costs provided.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the ABC Service Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Design Charges

Charges for design services to be provided by ABC Service will be set out in the written estimate or quotation that is provided to the customer.

Unless agreed otherwise with the Client, all design services require full payment upon completion of the work prior to upload to the server or release of design by email.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with a Proof Email, and an Invoice prior to final publication release. At this time the amount due will become payable and the customer will also be required to verbally and/or in written form approve the design by ABC Service.

Any invoice queries must be submitted by email within 7 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charges set out in our Payments and Fees terms and conditions.

Payments may be made by online transfer, credit card (Visa, Mastercard), Debit Card or Paypal

Publication and/or release of work done by ABC Service on behalf of the client, may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. ABC Service shall be entitled to remove ABC Service ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for design and/or branding services carried out.

Removal of such materials does not relieve the customer of its obligation to pay the due amount.

Customers whose accounts become default agree to pay all ABC Service ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to ABC Service for inclusion in the customer’s medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by ABC Service on behalf of the customer, will remain the property of ABC Service and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from ABC Service, the necessary permission to use materials (for which ABC Service holds the copyright) in forms other than for which it was originally supplied, and ABC Service may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

By supplying images, text, or any other data to ABC Service, the customer grants ABC Service permission to use this material freely in the pursuit of the design.

Should ABC Service, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow ABC Service to remove and/or replace the file.

The customer agrees to fully indemnify and hold ABC Service free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that ABC Service holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by ABC Service, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of ABC Service and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

ABC Service will not be held responsible for any and all damages resulting from such claims.

ABC Service is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ABC Service responsible for any such loss or damage.

Any claim against ABC Service shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to ABC Service’s definition of acceptable means of supplying data to the company.

Text is to be supplied to ABC Service in electronic format as standard text (.txt), MS Word (.docx)  or via e-mail or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by ABC Service via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and ABC Service will not be held responsible for any image quality which the client later deems to be unacceptable.

ABC Service cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images

Design Project Duration

Any indication given by ABC Service of a design project’s duration is to be considered by the customer to be an estimation. ABC Service cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by ABC Service for the initial payment or by date confirmed in writing by ABC Service.

Design Project Completion

ABC Service considers the design project complete upon receipt of the customer’s phone call or signoff email.

Design Credits

The customer agrees to allow ABC Service to place a small credit on printed material exhibition displays, advertisements and/or a link to ABC Service own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow ABC Service to place websites and other designs, along with a link to the client’s site on ABC Service’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

ABC Service will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. ABC Service also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ABC Service does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow ABC Service to remove the contravention without hindrance, or penalty. ABC Service is to be held in no way responsible for any such data being included. E.g. Google Images or the like

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be invoiced for all work completed to date. The balance of monies due must be paid within the invoice due date. Please note: any cancellation which is not formally confirmed in writing, written or email, and received by ABC Service within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

ABC Service makes no warranties of any kind, express or implied, for any and all design services that it supplies. Any claim against ABC Service shall be limited to the relevant fee(s) paid by the customer.

ABC Service reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. ABC Service will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. For our Graphic Design or Branding service, ABC Service reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. However, we will update customers who currently have a service with us.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design offered by ABC Service, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.abcservicec.co.uk

An estimate validated by the customer’s agreement on the estimate or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and ABC Service.

Terms & Conditions

This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the print products ("Products") listed on our website www.abcservice.co.uk ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site – in particular, our limit of liability at paragraph 14 below. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

1. INFORMATION ABOUT US

Our site is operated by ABC TP Ltd T/A ABC Service ("we/us/our").

2. YOUR STATUS

2.1. By placing an order through our site you warrant that:

2.2.1. you are legally capable of entering into binding contracts; and

2.2.2. you are at least 18 years old.

2.3. If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.

2.4. You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the Products you have ordered.

2.5. Personal information is collected, processed and stored in accordance with our Privacy Policy, which you can find on our website.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the "Order Confirmation"). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us ("Contract") will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.

3.2. As all of the Products will be made to your specification or will be personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by telephone at 01822 613154 or email at support@abcservice.co.uk. If your order has not yet been submitted to print, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to place re-order the Products. However, if the order has been submitted to print, we will be unable to issue such cancellation.

3.3. We take payment at the time that you place an order with us. Please see paragraph 12 below for further information regarding prices and payment.

4. USE OF OUR DESIGNS

4.1. Our site and all intellectual property rights therein (including all text, imagery, template designs, trade names and logos) are owned by, or licensed to, us. Subject to paragraph 4.2 below, you may use our site and the template designs for the purpose of creating Products and placing orders, but such use shall not transfer ownership of any part of our site or our intellectual property rights to you. As set out in paragraph 5.8, you will only own Your Material and any customised element of our template designs.

4.2. If you wish to use any of our template designs on our site in creating your Products, you will need to pay us the appropriate fee as advertised on our site from time to time. We shall then grant to you a royalty-free, non-exclusive, perpetual, non-transferable licence for you to use that template design in your advertising and marketing material (such as vans and signage (such as posters and stickers) and business stationery as part of a Product PROVIDED that you do not use the template design on any product intended for sale or resale by you.

 

5. MATERIAL AND INFORMATION PROVIDED BY YOU

5.1. Whenever you make use of a feature that allows you to upload material to our site (“Your Material”) you must comply with the content standards set out in paragraphs

5.2 and 5.3 below (“Content Standards”). If Your Material does not comply with those Content Standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.

5.2. Your Material must:

5.2.1. be accurate (where it states facts);

5.2.2. be genuinely held (where it states opinions); and

5.2.3. comply with the law applicable in England and Wales and in any country from which it is uploaded.

5.3. Your Material must not:

5.3.1. be defamatory of any person;

5.3.2. be obscene, offensive, hateful or inflammatory;

5.3.3. promote sexually explicit material;

5.3.4. promote violence;

5.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.3.6. infringe any intellectual property rights of any third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their intellectual property rights;

5.3.7. be likely to deceive any person;

5.3.8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.3.9. promote any illegal activity;

5.3.10. be in contempt of court;

5.3.11. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

5.3.12. be likely to harass, upset, embarrass, alarm or annoy any other person;

5.3.13. impersonate any person, or misrepresent your identity or affiliation with any person;

5.3.14. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or

5.3.15. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

5.4. We have the right to remove any of Your Material if, in our opinion, Your Material does not comply with the Content Standards. You will receive a full refund of any sums already paid for an order we do not fulfil.

5.5. In addition to complying with the Content Standards, you agree that all of Your Material uploaded by you onto our site will be done at your own risk. You must retain a copy of Your Material that you upload. We expressly exclude all liability for any uploaded Your Material which is lost or damaged during or after the uploading process.

5.6. Failure to follow our site's preparatory instructions for uploading Your Material may result in Products of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality Products in those circumstances. You are further advised to review paragraph 6 below regarding Product.

5.7. We may amend our Privacy Policy from time to time concerning our storage of Your Material and the amount of Your Material that may be uploaded to our site. You are therefore advised to review our Privacy Policy regularly. We may delete Your Material stored by us which is inactive for an extended period of time without reference to you – we will review such inactivity and decide whether to delete Your Material at our sole discretion. We may change our Privacy Policy at any time in our sole discretion and, where appropriate, we will notify you of this by e-mail. To the extent that we are permitted to do so by law, we may delete Your Material stored by us at any time.

5.8. Nothing in these terms and conditions shall transfer ownership of Your Material or any personalisation of our template designs to us or to any third party. You will continue to own all of Your Material and any personalisation that you may create through our site. As set out in paragraph 4 above, we will continue to own all of our site and any intellectual property rights therein (including our template designs).

6. APPROVALS

6.1. Prior to producing the Products, we make an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.

6.2. Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.

6.3. If Your Material is submitted to us for online approval before 5pm, we will be able to set up a proof of the Product automatically that day. If Your Material is submitted to us for manual approval before 1pm, we will be able to set up a proof of the Product for you before 5pm. If Your Material is, however, submitted to us for manual approval after 1pm, we cannot guarantee a proof of the Product before 5pm.

6.4. If you do not require a proof on the Product, you must submit this before 1pm to ensure that it goes to print that day.

7. AVAILABILITY AND DELIVERY

7.1. Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process. We do not offer international delivery at this time, but we will update our site if we can offer this service in the future.

7.2. The dispatch timescales for your Products will be dependent upon what type of Products have been ordered. We use DPD to deliver all Products and these are sent on a Next Day Service excluding Inverness, Highlands, Northern Ireland, Isle of Man, Isle of Wight, Paisley and Aberdeen which will be delivered on a Two Day Service. The turnaround dates/times are estimates only and cannot be guaranteed.

7.3. An individual part is classed as a stand-alone product that may be sold in packages (e.g. in 1000 letterheads an individual part is 1 letterhead). We use our best efforts to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.

7.4. Working days for print are Monday to Friday, excluding UK Bank Holidays.

7.5. All Products will require signature upon delivery. If anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that the Product was delivered to the address provided by you as part of your order.

7.6. Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for.

7.7. Where delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see paragraph 19 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.

7.8. Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us and we will hold these for 7 working days. We will always attempt to contact you regarding this. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 14 working days, we may recycle the Products. Once products are recycled they will no longer be available to send to you and you will need to re-purchase these products with the correct delivery address.

8. NON-DELIVERY

8.1. You must notify us within 30 days of the date that the Products were dispatched of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. You should notify us by telephone at 01822 613154 or email at support@abcservice.co.uk. If you notify us after 30 days, paragraph 15.2 below shall apply.

8.2. The earliest date we can claim against most couriers / Royal Mail for non-delivery is 15 working days from the date of despatch. We cannot process a reprint or refund before this time.

9. QUANTITIES

9.1. All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. However, you acknowledge that variations in respect of quantities are inherent within the printing industry.

9.2. Our liability in respect of shortages are as follows:

Shortage of up to 5% - No credit or reprints awarded

Shortage of 6% and up - Credit or reprints awarded based on percentage shortage
(Example 1000 ordered, 900 received, reprint and supply of 100 only)

9.3. All refunds or re-prints shall be issued within 7 working days from the date of notification of an incorrect quantity. Unless the product is a specialised product that requires 10 working days.

9.4. All overages may be kept by you at no additional cost.

10. QUALITY

10.1. The images of Products and template designs on our site are for illustrative purposes only.

10.2. You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.

10.3. We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with the Product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both. Please contact us by telephone at 01822 613154 or email at support@abcservice.co.uk if you wish to discuss this further with us.

10.4. For a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line.

10.5. Please be aware there is also a 0.5mm off centre tolerance for trimming on some Products - for business cards, for example, the tolerance on trimming is 1mm.

10.6. The packaging of your Products may vary from that shown on images on our site.

10.7. If you wish to add any additional finishing tolerances, you can do so when completing your order process using our site. If the additional finishing tolerances are at an additional cost, these will be set out on our site.

11. RISK AND TITLE

11.1. The Products will be at your risk from the time of delivery.

11.2. Ownership of the Products will pass to you on delivery.

12. PRICE AND PAYMENT

12.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We sell a large number of Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.

12.2. The prices do not include VAT and delivery costs, which will be added to the total amount due as set out in the “basket” section of the order process.

12.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

12.4. You may pay for Products using PayPal, any debit or credit card or bank transfer.

13. OUR REPLACEMENT POLICY

13.1. If you believe that a Product is defective, we may request that you return the product for our examination.

13.2. Our liability in respect of misprints are as follows;

Misprints of up to 5%     - No credit or reprint awarded

Misprints of 6% and up inclusive – Reprint of the percentage quantity

14. OUR LIABILITY

14.1 Subject to paragraph 14.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).

14.2. We do not exclude or limit in any way our liability:

14.2.1. for death or personal injury caused by our negligence;

14.2.2. under section 2(3) of the Consumer Protection Act 1987;

14.2.3. for fraud or fraudulent misrepresentation; or

14.2.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14.3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:

14.3.1. any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or

14.3.2. any indirect or consequential loss or damage of any kind however arising, even if foreseeable.

14.4 In the case of a Commercial contract, except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. CLAIMS

15.1. Claims for damage, shortages or non-delivery must be advised by telephone at 01822 613154 or email at support@abcservice.co.uk within 30 days from the date that the Products were dispatched.

15.2. We shall not be liable in respect of any claim.

15.3. except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.

16. WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site, in accordance with our Privacy Policy. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

17. NOTICES

17.1 You must give notice to ABC Service either at its office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:

17.1.1. within 1 working day when given electronically; and

17.1.2. Three working days after the date of posting of any letter when served by post.

17.2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1. The Contract is binding on you and us and on our respective successors and assigns.

18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

19.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

19.2.1. Strikes, lock-outs or other industrial action;

19.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

19.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

19.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

19.2.5. Impossibility of the use of public or private telecommunications networks; and

19.2.6. The acts, decrees, legislation, regulations or restrictions of any government.

19.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. WAIVER

20.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2. A waiver by us of any default shall not constitute a waiver of any subsequent default

20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above.

21. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. ENTIRE AGREEMENT

22.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

22.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1. We have the right to revise and amend these terms and conditions from time to time.

23.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

24. THIRD PARTY RIGHTS

The Contract is between you and us. No other person has any rights to enforce any of its terms.

25. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales

26. CALL RECORDING

At ABC Service we want to ensure that all calls are dealt with in a consistently professional manner and, therefore, calls may be recorded for training, quality and monitoring purposes. You will also be advised of this at the start of each call that you may have with us. If you do not consent to such recording, please let us know and we will either remove the recording from our calls with you or we will contact you by other means.

Under no circumstances shall ABC Service be liable to you for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether ABC Service is advised of the possibility of any such damages.

Any request for a service means you agree to the above in its entirety.

Below is our latest:

Master Service Agreement - Telecoms - Broadband Connectivity

Broadband Schedule

Code of Practice

Please note that our Connectivity (Telecoms) agreement is separate to our VoIP (Digital Phone) Agreement.

Under no circumstances shall ABC Service be liable to you for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether ABC Service is advised of the possibility of any such damages.

• All VoIP Contract terms are on a 12 month contract term.
• Signing the online Order Form is a confirmation of contract acceptance
• Once the order form is received you have 24 hours to cancel the order. Unless ordered on a Friday whereby you have the weekend to cancel the order before it is processed on a Monday.
• We hold the telephone number for you on our systems. The number is assigned to you as part of the contract term.
• You can transfer your number to another provider if you so wish, please do contact us on support@abcservice.co.uk in this instance.
• Transferring your number ceases your service and therefore will incur the remaining contract to be cleared, additionally, moving the number also means you will experience loss of service unless the new provider is supplying a telephony service.
• We use eve as the Parent Platform for our VoIP services.
• VoIP stands for Voice over IP, this is a digital service hosted in the UK.
• All features supplied are as advertised on our VoIP Services page located here https://abcservice.co.uk/telecoms/digital-phones-voip/
• Add-ons are also listed on this page and relevant charges applicable to the add-on service.
• All prices on Telephony including VoIP and FTTP / Broadband Services are inclusive of VAT at the National VAT rate of Great Britain as these services are supplied to businesses primarily.

VoIP T&Cs with ABC Service - DOWNLOAD

Upon using our services you agree to these terms and conditions of payment:

• Any new customer is expected to pay up-front unless otherwise agreed with the Director.
• If a business would like to go onto a payment on invoice basis then we will use previous purchases to determine the amount of credit allowed on your account. A previous purchase must be made before we consider credit limits.
• If an invoice/quote equates to £300 or more at least 50% of this must be paid up-front before work is carried out.
• No items will be despatched without prior dealings unless payment has been received up-front.
• All invoices are on a 7 day basis.
• We reserve the right to charge interest on late paid invoices at the rate of 8% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998.
• Additionally, a late payment and admin fee of £10 will apply
• This will be added up on a weekly basis and charged to your account.
• If an account is in arrears then we will not complete any further work until the outstanding invoice is paid in full.
• Excessive amounts or failure to pay after consistent, reasonable requests, will go to a debt collection agency.
• Cheques are technically no longer accepted as a form of payment for goods or services. However, where some groups/charities cannot pay any other way a surcharge of £2.50 is applied to cover bank and processing costs. In this instance no goods or services will be provided until the bank confirms that the cheque is clearing successfully. If a cheque bounces then these charges are raised as an additional invoice plus VAT.

We reserve the rights to change these terms and conditions of payment at any time.

Code of Practice Regarding Complaint Handling and Dispute Resolution

ABC TP Ltd T/A ABC Service (here in referred to solely as ABC Service) is a provider of IT, Design, Print and communication services, supplying hosting, Internet and telecommunication solutions for residential and business customers across the UK.

The purpose of this code of practice.

This guide has been developed to help you to understand the relationship you have as a customer of ABC Service.

It will enable you to:

• Access summary details of our services
• Understand what you can expect from ABC Service after you have made a purchase or registered for a service
• Contact details for alternative complaint bodies
• Find out how to contact us

This Code has been approved by Ofcom for the purposes of section 52 of the Communications Act 2003.

How to contact ABC Service

Customer Services & Sales
Phone	01822 613154
Website	www.abcservice.co.uk
Email	support@abcservice.co.uk

Our Customer Services department is open Monday to Saturday from 9am to 5:00pm. Calls are charged at local rate.

Accounts Department
Phone	01822 613154
Website	www.abcservice.co.uk
Email	support@abcservice.co.uk

Our Accounts department is open Monday to Friday from 9am to 5:00pm. We are closed on weekends and bank holidays. Calls are charged at local rate.

Account Cancellations

To cancel your account please either call or email quoting your name. We will require all cancellation requests to be submitted as a written request in the form of an email or if you cannot access the Internet send the same details in a letter to our main office address shown.

Phone: 01822 613154
Email: support@abcservice.co.uk

ABC TP Ltd T/A ABC Service
69 West Street
Tavistock,
Devon
PL19 8AJ

Most of ABC Service's services do not have a minimum contract period but for those that do, we would be happy to discuss your requirements. A summary of our service contract periods are:

• Shared Hosting: Anytime
• Dedicated Servers: Anytime
• ADSL Internet: 1 Month
• FTTC Internet: 12 Months
• FTTP Internet: 12 Months
• PSTN Line Rental: 1 Month
• ISDN 2 Line Rental: 12 Months
• ISDN 30 Line Rental: 12 Months

Some services take a little time to cancel, as they require us to work with special industry processes (such as ADSL). When you cancel your service, we aim to advise you of the time period from us receiving your cancellation request to the time at which the service is withdrawn. During this period, you remain liable for the costs of any services we provide.

Disconnections and cancellation of services

We reserve the right to suspend or cancel your service within the contracted timescales - for example, if you do not pay your bill.

Complaints

If you would like to register a complaint, here are a number of different ways you can contact us:

By Email: You can e-mail us your complaint via support@abcservice.co.uk

By Phone: You can contact the Customer Care team directly on 01822 613154 from 9am to 5:00pm, Monday to Saturday.

By Letter: If you prefer to put the complaint in writing, you can send it to the following address:

ABC Service
69 West Street
Tavistock
Devon
PL19 8AJ

What happens once we receive your complaint?

We will acknowledge all complaints received by letter, fax or e-mail within 24 working hours of receiving your complaint.

Dispute resolution

If we are unable to resolve your complaint satisfactorily, we will issue a ”deadlock” letter so that you may make a complaint through Otelo, an independent alternative dispute resolution scheme. We can provide you with details of this service. Alternatively if more than three months has passed since you first made your complaint, please contact the ADR scheme directly.

Otelo
PO Box 730
Warrington
WA4 6WU

Phone: 0845 050 1614 or 01925 430 049
Email: enquiries@otelo.org.uk
Website: www.otelo.org.uk

Order processing

All services can be ordered online via our website, or simply by calling our customer services team on 01822 613154. The time it takes to setup can vary depending on the service purchased. We will aim to confirm all new orders by email within 4 hours during normal office hours (Monday – Saturday, 9am to 5:00pm, excluding bank holidays).

Pricing

Up-to-date prices for our products and services are always available on our website (www.abcservice.co.uk) or by calling our customer services team on 01822 613154

Billing

We currently accept the following payment methods:

• Credit / Debit Card
• BACS
• Direct Debit (Preferred)

Fault Repair

Faults can be reported around the clock via email at support@abcservice.co.uk. To report a fault to one of our representatives please call 01822 613154 during office hours. However, unless otherwise stated in your service agreement, engineers only attend to faults in normal working hours (Monday – Friday 9am to 5:30pm, excluding bank holidays). Faults can occur on our Network, or another operator’s network, as well as your own equipment.

If the fault is reported during normal working hours, we will try to establish the location of the fault. We may request that you carry out some simple checks to help us establish the cause of the fault. Repairing faults on our network is part of the maintenance cover we provide with our service. If the fault is not on our network then we may not be responsible for its repair.

We reserve the right to charge for any abortive work or visit arising from faults over which we have no control. Should an engineer need to visit your premises we will agree this with you.

Privacy

We take your privacy very seriously and we strictly follow the procedures laid down by the Data Protection Acts of 1984 and 1998 to protect all user information. Our Privacy Policy sets out the personal information we collect about you and describes how we may use that information. No customer information will be intentionally used or distributed outside of ABC Service, and we have a strict policy of not selling customer details to outside marketing agencies without your permission to do so. Our privacy policy also contains details of how you can opt in and out of receiving our marketing information.

Access to our Code of Practice

Customers can access this code of practice from our website or by requesting a copy to be posted or emailed to them.

Data Protection

We strictly follow the procedures laid down by the Data Protection Acts of 1984 and 1998 to protect all user information including the new GDPR of 2018

General philosophy

ABC Service is a Sole Trader company offering advanced Internet communications for both the home and business user, whatever their needs.

Our product range in very broad terms consists of:

• Broadband (ADSL, FTTC, and leased line Internet connectivity)
• Telecoms (Line rental and phone calls)
• Hosting (shared and dedicated servers)

Customers of ABC Service can take advantage of our technical support by email or phone. Through the automation of a control panel, a large number of customers can configure their packages at any time day or night, anywhere in the world, without the need to 'submit requests' for an operations engineer to action the request for them, allowing us to concentrate on improving the service further and focusing on new projects.

This Code has been approved by Ofcom for the purposes of section 52 of the Communications Act 2003.

The code will be regularly reviewed in line with Ofcom's requirements. We value all feedback from our services to this code of practice. Please email your comments to support@abcservice.co.uk

Contacting related organisations

Office of Communications (Ofcom)
Ofcom Contact Centre
Riverside House
2a Southwark Bridge Road
London
SE1 9HA

Tel: 020 7981 3040
Fax: 020 7981 3334
Email: contact@ofcom.org.uk
Website: www.ofcom.org.uk

Office of the Telecommunications Ombudsman (OTELO)
Wilderspool Park
Greenall’s Avenue
Warrington
WA4 6HL

Tel: 0845 050 1614
Fax: 01925 430059
Email: enquiries@otelo.org.uk
Website: www.otelo.org.uk

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.abcservice.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

INFORMATION ABOUT US

www.abcservice.co.uk is a site operated by ABC TP Ltd T/A ABC Service ("We"). We have our office at 69 West Street, Tavistock, Devon, PL19 8AJ. Our VAT number is 192768168

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@abcservice.co.uk or 01822 613154

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

If you are a business user, please note that in particular, we will not be liable for:

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact support@abcservice.co.uk

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

CONTACT US

To contact us, please email support@abcservice.co.uk

Thank you for visiting our site.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.abcservice.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.abcservice.co.uk is a site operated by ABC TP Ltd T/A ABC Service (we or us). We have our office at 69 West Street, Tavistock, Devon, PL19 8AJ.
Our VAT number is 192768168.

PROHIBITED USES

You may use our site only for lawful purposes.You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

PRIVACY POLICY

ABC TP Ltd t/a ABC Service (“We”)

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how data protection law protects you.

1. WHO WE ARE AND IMPORTANT INFORMATION
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
3. HOW WE COLLECT YOUR PERSONAL DATA
4. HOW WE USE YOUR PERSONAL DATA
5. WHO WE SHARE YOUR PERSONAL DATA WITH
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. Changes to this notice and your duty to inform us of changes
11. QUERIES, REQUESTS OR CONCERNS

 

1. WHO WE ARE AND IMPORTANT INFORMATION 

What is the purpose of this privacy notice?

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to our services, purchase an item from our website or contact us in any way.

This website is not intended for children and we do not knowingly collect data relating to children.

You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data controller(s)

ABC TP Ltd is the controller and responsible for your personal data (collectively referred to as ABC Service, "we", "us" or "our" in this privacy notice). Our contact details are ABC Service, 69 West Street, Tavistock, Devon, PL19 8AK, support @ abcservice.co.uk, 01822 613154. For all data matters contact Brett Kinsman-Daw, Director, via email or the contact us form at the bottom of this web page.

Third-party links outside of our control

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data including, First Name, Last Name, Username, Title and/or Gender.

Contact Data includes Billing/Delivery Address, email address, phone numbers including mobile number

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

• You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • Apply for our products or services;
  • Create an account on our website;
  • Subscribe to our service or publications;
  • Request marketing to be sent to you.

 

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Performance of Contract thismeans processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

• Legitimate Interestthis means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

 

• Comply with a legal or regulatory obligationthis means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us via email through one of the online contact us forms found on every page.

Purposes for which we will use your personal data

We have set out below, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us via the online form found at the bottom of this website page if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	a) Identity b) Contact	Performance of a contract with you
Ongoing service and support	a) Identity b) Contact c) Service data	To continue providing a contract for you
Marketing	a) Identity b) Contact	To provide relevant marketing to you and/or to simply keep in touch and check that, you, our customer are okay.

 

Opting out

You can ask us or third parties to stop sending you marketing messages by emailing us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product OR service experience or other transactions.

 

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy on this page.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via email only.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. WHO WE SHARE YOUR PERSONAL DATA WITH

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties
• External Third Parties Service
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• The South West Cyber Resilience Centre. The South West Cyber Resilience Centre is a police-led, academia-supported, not-for-profit business. They provide free online security support for ABC Service clients and key stakeholders. They exist for the sole purpose of making South West businesses, charities, and the public sector safer online. Any data sharing is underpinned by the UK GDPR Article 6 lawful base of 1(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Data subjects (individuals) have the Right to Object to this data sharing at all times;
• Analytics and search engine providers that assist us in the improvement and optimisation of our site;
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the UK KNOWINGLY.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 7 years after they cease being customers for FINANCIAL purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

• The right to request a copy of the personal data which we hold about you;

 

• The right to request that we correct any personal data if it is found to be inaccurate or out of date;

 

• The right to request your personal data is erased where it is no longer necessary to retain such data;

 

• The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;

 

• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);

 

• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

 

• The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact us via email using the contact us form on this page.

 

 

No fee required – with some exceptions

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10. Changes to this notice and your duty to inform us of changes

This version was updated on 26/05/2025, no major changes have been made from the old to policy to this one other than including latest legislation.

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.

11. Queries, requests or concerns

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact Brett Kinsman-Daw, Director.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

INFORMATION ABOUT OUR USE OF COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

WE USE THE FOLLOWING COOKIES:

• These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 30 days.

INTRODUCTION

The Company uses closed circuit television (CCTV) images to provide a safe and secure environment for employees and for visitors to the Company’s business premises, such as clients, customers, contractors and suppliers, and to protect the Company’s property.

This policy sets out the use and management of the CCTV equipment and images in compliance with the Data Protection Act 1998 and the CCTV Code of Practice.

The Company’s CCTV facility records images only.There is no audio recording i.e. conversations are not recorded on CCTV (but see the section on covert recording).

PURPOSES OF CCTV

The purposes of the Company installing and using CCTV systems include:

• To assist in the prevention or detection of crime or equivalent malpractice.
• To assist in the identification and prosecution of offenders.
• To monitor the security of the Company’s business premises.
• To ensure that health and safety rules and Company procedures are being complied with.
• To assist with the identification of unauthorised actions or unsafe working practices that might result in disciplinary proceedings being instituted against employees and to assist in providing relevant evidence.
• To promote productivity and efficiency.

LOCATION OF CAMERAS

Cameras are located at strategic points throughout the Company’s business premises, principally at the entrance and exit points.The Company has positioned the cameras so that they only cover communal or public areas on the Company’s business premises and they have been sited so that they provide clear images.No camera focuses, or will focus, on toilets, shower facilities, changing rooms, staff kitchen areas, staff break rooms or private offices.

All cameras (with the exception of any that may be temporarily set up for covert recording) are also clearly visible.

Appropriate signs are prominently displayed so that employees, clients, customers and other visitors are aware they are entering an area covered by CCTV.

 

RECORDING AND RETENTION OF IMAGES

Images produced by the CCTV equipment are intended to be as clear as possible so that they are effective for the purposes set out above.Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images.

Images may be recorded either in constant real-time (24 hours a day throughout the year), or only at certain times, as the needs of the business dictate.

As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, are not held for more than one month. Once a hard drive has reached the end of its use, it will be erased prior to disposal.

Images that are stored on, or transferred on to, removable media such as CDs are erased or destroyed once the purpose of the recording is no longer relevant. In normal circumstances, this will be a period of one month. However, where a law enforcement agency is investigating a crime, images may need to be retained for a longer period.

ACCESS TO AND DISCLOSURE OF IMAGES

Access to, and disclosure of, images recorded on CCTV is restricted.This ensures that the rights of individuals are retained.Images can only be disclosed in accordance with the purposes for which they were originally collected.

The images that are filmed are recorded centrally and held in a secure location.Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system.Viewing of recorded images will take place in a restricted area to which other employees will not have access when viewing is occurring.If media on which images are recorded are removed for viewing purposes, this will be documented.

Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to:

The police and other law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness.

Prosecution agencies, such as the Crown Prosecution Service.

Relevant legal representatives.

Line managers involved with Company disciplinary and performance management processes.

Individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).

The Managing Director of the Company (or another senior director acting in their absence) is the only person who is permitted to authorise disclosure of images to external third parties such as law enforcement agencies.

All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required.If disclosure is denied, the reason will be recorded.

INDIVIDUALS’ ACCESS RIGHTS

Under the Data Protection Act 1998, individuals have the right on request to receive a copy of the personal data that the Company holds about them, including CCTV images if they are recognisable from the image.

If you wish to access any CCTV images relating to you, you must make a written request to the Company’s Data Protection Officer and the Company reserves the right to charge you a fee of £10.00 for the supply of the images requested.Your request must include the date and approximate time when the images were recorded and the location of the particular CCTV camera, so that the images can be easily located and your identity can be established as the person in the images.The Company will respond promptly and in any case within 40 calendar days of receiving the request.

The Company will always check the identity of the employee making the request before processing it.

The Data Protection Officer will first determine whether disclosure of your images will reveal third party information as you have no right to access CCTV images relating to other people.In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy.

If the Company is unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.

COVERT RECORDING

The Company will only undertake covert recording with the written authorisation of the Managing Director (or another senior director acting in their absence) where there is good cause to suspect that criminal activity or equivalent malpractice is taking, or is about to take, place and informing the individuals concerned that the recording is taking place would seriously prejudice its prevention or detection.

Covert monitoring may include both video and audio recording.

Covert monitoring will only take place for a limited and reasonable amount of time consistent with the objective of assisting in the prevention and detection of particular suspected criminal activity or equivalent malpractice.Once the specific investigation has been completed, covert monitoring will cease.

Information obtained through covert monitoring will only be used for the prevention or detection of criminal activity or equivalent malpractice.All other information collected in the course of covert monitoring will be deleted or destroyed unless it reveals information which the Company cannot reasonably be expected to ignore.

STAFF TRAINING

The Company will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of the Data Protection Act 1998 with regard to that system.

IMPLEMENTATION

The Company’s Data Protection Officer is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct a regular review of the Company’s use of CCTV.Any complaints or enquiries about the operation of the Company’s CCTV system should be addressed to them.