General Enquiries
0808 169 1551
General Enquiries
0808 169 1551The entire Infinium group works to and abides by a stringent set of terms and conditions. These terms and conditions cover everything relating to temporary installation and event networks, the registering of UK domains, complaints handling and all consumer and business customer matters. To find out more, click on each of the terms and conditions below.
1. Application
1.1 These Standard Terms and Conditions are intended to establish the fundamental terms and conditions applicable to the relationship of the Supplier and the Client, the nature of which is more specifically set out in the attachment to these Terms and Conditions. The Supplier shall sell or provide and the Client shall purchase the goods and/or services in accordance with (i) these terms and conditions and (ii) the supplementary terms and conditions contained in any Client Order, Schedule or System Support Agreement, Services Support Agreement signed by the Client and accepted by the Supplier PROVIDING however that the Client Order, Schedule or System Support Agreement, Services Support Agreement may contain additional and/or different conditions which shall take precedence over similar terms set out in these Standard Terms and Conditions.
1.2 The Service Schedules and Acceptable Use Policy detailed at www.infinium.co.uk/legal form part of these Standard Terms and Conditions
2. Definitions
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Client” means any individual, firm or corporate body (which expression shall, where the contexts so admits, include its successors and assigns) which purchases Services from the Supplier
“Goods” any tangible products, including but not limited to, computer hardware, firmware or software and networking equipment sold, leased, rented, licensed or otherwise delivered to the Client pursuant to any accepted Sales Order or System Support Agreement between the parties.
“Sales Order” a written or oral request from the Client to the Supplier for the Supplier to provide Goods and/or Services.
“Schedule” Schedule A to L containing specific terms and conditions relating to individual service lines.
“Services” means all services provided and/or goods sold by the Supplier to the Client as agreed from time to time
“Supplier” refers to the individual company within the Infinium Group, including;
Infinium IT Limited (Company Number – 04521964) whose registered office is at Unit 4 Bartle Court Business Village, off Rosemary Lane, Bartle, Preston PR4 0HB
Infinium (South West) Limited (Company Number – 06676017) whose registered office is at Unit 4 Bartle Court Business Village, off Rosemary Lane, Bartle, Preston PR4 0HB
“System Support Agreement” The System Support Agreement made between the Client and the Supplier.
“Data Protection Legislation” (i) the Data Protection Act 1998 (“DPA”); (ii) with effect from 25 May 2018 and unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the DPA.
“Data Controller” has the meaning given to it in the Data Protection Legislation.
“Data Processor” has the meaning given to it in the Data Protection Legislation.
“Personal Data” has the meaning given to it in the Data Protection Legislation.
“Data Subject” has the meaning given to it in the Data Protection Legislation.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
3. Services
3.1 The Supplier shall, in consideration of the fees and charges and/or price being paid by the Client to the Supplier in accordance with the provisions for payment, set out in the System Support Agreement, Services Agreement, Schedule or Sales Order annexed hereto supply the Services and/or the Goods more particularly described in the said System Support Agreement, Services Agreement and/or Sales Order.
3.2 The Supplier will provide the Client with the Services as described in the appropriate System Support Agreement, Schedule and/or Sales Order annexed to these terms and conditions.
3.3 Title to the Goods sold under any Sales Order shall pass to the Client upon payment in full to the Supplier of the price agreed therefor.
3.4 System Support arising out of the circumstances listed below are not included under the terms of the System Support Agreement. Upon receipt of a Sales Order from the Client the Supplier will undertake the work requested which will be charged according to the Standard Support Rates prevailing from time to time according to the System Support Agreement. If requested by the Client the work will be carried out and charged under the Suppliers Standard Terms and Conditions prevailing at the time.
3.4.1 Support of other software, firmware, accessories, attachments, peripherals, machines or other devices not supplied or previously maintained by the Supplier
3.4.2 Repair of damage arising from:-
(i) Transportation or relocation of hardware and ancillary equipment not undertaken by the Supplier;
(ii) Failure of electrical power, air conditioning or humidity control;
(iii) Changes, alterations or additions to the Client’s hardware or software not carried out by the Supplier;
3.4.3 Attendance to faults caused by operating the Network outside design specifications or outside any documentation or manuals supplied with the Network components;
3.4.4 Cleaning, painting, refinishing or touching-up; specification changes, relocation of hardware and other equipment, and the addition/removal of accessories, attachments and other devices;
3.4.5 Repair of any malfunction due to radiation in the environment of the hardware and other equipment;
3.4.6 Diagnosis and/or rectification of problems not associated with the Network;
3.4.7 Workshop overhaul or repair of hardware and other equipment which, as a result of fair wear and tear, can no longer be supported in good working order. For such items the Supplier will, upon request by the Client, submit a cost estimate of the work required. In the event that the Client does not authorise the work to be carried out, the item or items concerned may be deleted from the Schedule and such deletion initialled by an
authorised signatory of the Supplier.
3.4.8 Attempts by the Supplier to recover and/or rectify lost or corrupted data arising for any reason other than the Supplier’s own negligence, including (but not limited to) failure by the Client to implement adequate antivirus control and data backup procedures.
3.4.9 Work which has been completed by the Supplier even though not previously specified or estimated for prior to onsite inspection will be charged at the prevailing rate of the onsite support Charge according to the System Support Agreement.
3.4.10 Development work to enhance the current system or operation. Examples include but are not limited to, setting up or removing email accounts, adding peripheral hardware to stand alone or Network PC’s, deck move and setup.
3.4.11 Any work that represents an expansion, improvement, development or addition to the Network in existence at the date the System Support Agreement is signed.
3.4.12 The following work is excluded from Support Services as defined in the System Support Agreement:-
(i) Support work relating to the development, expansion or alteration of the Network including new hardware, the installation of new software, relocation of hardware and equipment, installation of new hardware and software at new locations and the addition or removal of end users.
4. Price
4.1 The Client agrees to pay the fees and charges and/or the price in accordance with the terms of payment contained in the Sales Order and/or the System Support Agreement.
4.2 In addition the Supplier shall be entitled to recover from the Client its reasonable incidental expenses for consumable materials used and for third party goods and services supplied in connection with the provision of the Services.
4.3 The Supplier will also be entitled to recover from the Client reasonable incidental expenses, including but not limited to travel, accommodation and subsistence relating to its staff working on Client’s affairs.
4.4 The Client will pay for any additional services provided by the Supplier that are not pre- agreed in accordance with the Supplier’s then current daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for the expenses described in clauses 4.2 and 4.3 above.
4.5 All sums payable pursuant to these terms and conditions are exclusive of VAT and, where applicable, any additional or substitute taxes, levies, imposts, duties, whatsoever and whenever, all of which shall be paid by the Client.
4.6 On each anniversary of the date of the System Support Agreement the Supplier’s various fees and charges as set out in the System Support Agreement shall each be increased by the proportion by which the Retail Price Index has increased during the preceding 12 months.
5. Payment
5.1 All payments required to be made pursuant to the System Support Agreement shall be made upon presentation of the relevant invoice payable at the address stated on the invoice in pounds sterling unless alternative credit terms have been agreed in writing in advance. Payments shall be made without any set-off, withholding or deduction.
5.2 The time for payment shall be of the essence. If the Client fails to make payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of six per cent above the base rate of Barclays Bank Plc from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on that basis and shall run from day to day and accrue after as well as before any judgment.
5.3 In the event that the Client disputes any portion of an invoice raised by the Supplier, the Client must pay the undisputed portion of such invoice in full, and within 30 days of receipt of the said invoice, submit to the Supplier a documented claim for the disputed amount.
6. Variations
6.1 The Supplier reserves the right, if reasonably required, to vary the terms of the Sales Order, Schedule or System Support Agreement at any time, provided that the Supplier shall inform the Client of such variations where the Supplier deems it necessary to do so and where reasonably practicable in the circumstances. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client variations as close to the original specifications as is reasonably possible in the circumstances.
6.2 In the event of a change in applicable law or regulations that materially changes the cost of delivery of the Services, the Supplier shall give the Client written notice thereof and the Client shall have 30 days to accept or tender notice of termination. The Services provided after the said 30 day period shall be at the increased rate, provided however, should the Client choose to terminate the System Support Agreement or Sales Order, any such termination shall not trigger any otherwise applicable termination charge.
7. Termination
7.1 The Supplier may terminate its System Support Agreement or Sales Order with the Client forthwith if:
7.1.1 the Client is substantially in breach of any of its obligations under these Terms and Conditions or under the provisions of any System Support Agreement or Sales Order and fails to remedy such breach within 14 days of written notice thereof by the Supplier.
7.1.2 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntary or compounds with its creditors generally or has an administrator, with administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or
7.1.3 the Client has become bankrupt or has entered into a voluntary arrangement with its creditors or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or
7.1.4 the Client ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the Services through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of the Services.
7.2 In the event of termination under clause 7.1 the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have and shall not relieve the Client of its obligation to pay any fees or other monies payable which have been incurred prior to termination.
7.3 Within 14 days of the date of expiry or termination of the System Support Agreement for whatever reason, the Client agrees to furnish the Supplier with a certificate, certifying that the principal and all copies of any support software or diagnostic software and/or related documentation or any part thereof, in any form including partial copies or modifications of such software and documentation (in whole and in part), in any form including partial copies or modifications of such software received from the Supplier or made in connection with the System Support Agreement, or Services have been destroyed, or returned to the Supplier unless the Client has obtained the Supplier’s prior written authorisation to retain the same or any part thereof.
8. Sub-Contracting
8.1 Either party may sub-contract the performance of any of its obligations under this Agreement without the prior consent of the other party. Where either party sub-contracts the performance of any of its obligations under this Agreement to any person with or without the prior consent of the other party, that party shall be responsible for every act or omission of the subcontractor as if it were an act or omission of the party itself.
9. Warranty
9.1 The Supplier warrants the work of its employees for a period of three months following completion of the work.
9.2 The Supplier does not warrant any equipment/hardware provided by or sourced by the Supplier. Any such equipment or hardware will be covered only by the warranty of its manufacturer. The Supplier does not offer any further cover or extension to the manufacturer’s warranty.
9.3 Any incidental costs, including but not limited to data recovery, systems reconstruction and/or hardware rebuilding, caused by the failure of equipment, how so ever caused, will be liability of the Client.
10. Client responsibilities
10.1 The Client accepts responsibility for the security and integrity of all hardware and software supplied as part of or incidental to the Services. Security includes both physical security and electronic security including but not limited to access control, password control and electronic usage.
10.2 The Client is responsible for ensuring that appropriate and up to date antivirus software is installed on all computer equipment and that an appropriate electronic and internet usage policy is in place and enforced.
10.3 The Client is responsible for ensuring that no unauthorised persons gain access to the Client computer network and that no unauthorised equipment or software is added to the Client’s computer network.
10.4 The Client will at all times use the hardware and software provided by the Supplier in a skilful and proper manner and in accordance with any operating instructions issued for them and to ensure that such hardware and software is operated and used by properly skilled and trained personnel.
10.5 The Client will at all times keep the said hardware and software at its own expense and at all times in good repair, condition and working order properly serviced and maintained.
10.6 The Client will make no alterations to the existing hardware and software and will not remove any existing components therefrom unless in the ordinary course of repair and maintenance by the Supplier.
10.7 The Client will pay for all data and communications costs arising out of the use of the Supplier’s software.
11. Modifications and dealings
11.1 All information, drawings, specifications, documentation, software listings or code which the Supplier may have imparted and may from time to time impart to the Client relating to any support software or diagnostic software or hardware supplied by the Supplier to the Client or generally for whatever reason, is proprietary and confidential and the Client agrees that it shall use the same solely for the purpose for which it has been provided and that it shall not at any time during or after expiry or termination of this Agreement disclose the same whether directly or indirectly to any third party without the Supplier’s prior written consent.
11.2 The Client further agrees that it shall not itself or through any subsidiary, agent or third party modify, vary, enhance, copy, sell, lease, licence, sub-licence or otherwise deal with any support software, diagnostic software or hardware or variations, modifications, copies, releases, versions or enhancements thereof supplied by the Supplier to the Client or, except as permitted by law, have any software or other program written or developed for it based on any confidential information supplied to it by the Supplier.
12. Data confidentiality
12.1 Both the Supplier and the Client mutually undertake, except as provided below, to treat as confidential and keep secret all information marked “confidential” or which may reasonably be supposed to be confidential,(which is the case of the Client will include the Licence, Software and in the case of the Supplier all information relating to the Client), including without limitation, information contained or embodied in software supplied by the Supplier to the Client or other information supplied by the Client to the Supplier (in these terms and conditions collectively referred to “the Information”) with the same degree of care as it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices, provided that, this clause shall not extend to any information which was rightfully in the possession of either party prior to the commencement of the negotiations leading to an Agreement or Agreements between the Supplier and the Client or which is already public knowledge or which becomes so at a future date (otherwise done as a result of a breach of this clause).
12.2 Both the Supplier and the Client mutually undertake to ensure that persons and bodies referred to in this clause are made aware before the disclosure of any part of the Information that the same is confidential and that they owe a duty of confidence to the other party.
12.3 Each party to this Agreement shall promptly notify the other party if it becomes aware of any breach of confidence by any person to whom it divulges all or any part of the Information and shall give the other party all reasonable assistance in connection with any proceedings which the other party may institute against such person for a breach of confidence.
12.4 Neither the Supplier nor the Client shall without the prior written consent of the other party divulge any part of the other party’s Information to any person except:-
12.4.1 to their own employees only to those employees who need to know the same
12.4.2 to either party’s auditors, a court of competent jurisdiction, government body or applicable regulatory authority and any other persons or bodies having a lawful right, duty or obligation to know the business of the other party and then only in pursuance of such right, duty or obligation:
12.4.3 any person who is for the time being appointed by either party to maintain the software and hardware supplied by the Supplier to the Client and then only to the extent necessary to enable such person to properly maintain it
12.4.4 You have enabled Google Analytics Remarketing, Advertising Reporting Features.
12.4.5 Instructions on how you and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party
identifiers together.
12.4.6 Instructions on how visitors can opt-out of the Google Analytics Advertising Features you use, including through
Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer optout)
13. Liability
13.1 Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) in connection with the performance of the licensed software or hardware of these terms and conditions or of any Sales Order or System Support Agreement.
13.2 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
13.3 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions or those of any System Support Agreement or Sales Order by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control including force majeure. For the avoidance of doubt the Supplier shall not be held responsible for any failure or delay resulting from a breakdown in telecommunication services caused by internet service providers.
13.4 Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each of them. All obligations on the part of such Client shall be joint and several obligations of such persons.
13.5 No employee or representative of the Supplier, other than a duly authorised officer, has authority to bind the Supplier to any warranty whatsoever other than that, if any provided in these terms and conditions or in any System Support Agreement or Sales Order, or to vary such terms and conditions and any contrary representation shall be void.
13.6 The provisions of these terms and conditions set out the maximum liability of the parties under or in connection with any agreement between the parties and all other liability is excluded, provided that nothing in these terms and conditions shall exclude or limit any liability of either party to the extent that such liability may not be excluded or limited by law.
13.7 For so long as the System Support Agreement shall remain in force the Client shall not authorise or permit any alterations or additions to the Network to be carried out other than by he Supplier and the Supplier will not accept any liability for repairs to the Network or any consequential loss incurred by the Client as a result of any problem or fault in the Network which has occurred following alterations or additions or maintenance work carried out to the Network other than by the Supplier.
14. Force Majeure
14.1 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions or those of any System Support Agreement or Sales Order by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:
14.1.1 act of God, explosion, flood, tempest, fire or accident;
14.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
14.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
14.1.4 import or export regulations or embargoes;
14.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the Supplier of the Client or of a third party);
14.1.6 difficulties in obtaining raw materials, labour, fuel, part or machinery;
14.1.7 power failure or breakdown of machinery.
14.2 If such cause or causes of delay or failure to perform shall continue for a continuous period of more than 6 months, either party may terminate its System Support Agreement or Sales Order by written notice thereof given to the other party.
15. Waiver
15.1 No waiver by the Supplier of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall only be effective if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
15.2 No failure, delay, forbearance or neglect on the part of either party in enforcing against the other party any of these terms and conditions or of those contained in any System Support Agreement or Sales Order shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these terms and conditions. No right, power or remedy in these terms and conditions conferred upon or reserved by either party is exclusive of any other right, power or remedy available to that party.
16. Severance
If any provision of these terms and conditions or of the terms and conditions of any System Support Agreement and/or Sales Order agreed between the parties is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provisions shall, to the extent required, be severed from such terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and those of any other agreement between the parties referred to, and shall not in any way affect any other circumstance of or the validity or enforcement of such terms and conditions.
17. Copyright
17.1 The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Supplier’s service and facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
18. Third Party Rights
Except as expressly provided otherwise, the parties do not intend any term of these terms and conditions or of the terms and conditions of any System Support Agreement or Sales Order between the parties to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999. In these terms and conditions references to a party or the parties is a reference to the party or the parties (as the case may be) to these terms and conditions and any System Support Agreement and/or Sales Order and shall include any permitted assignees of a party.
19. Data Protection
19.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 19 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
19.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Data Controller and the Supplier is the Data Processor.
19.3 The Customer shall, as soon as reasonably practicable if not already provided, provide the Supplier with a schedule in a form reasonably acceptable to the Supplier setting out the scope, nature and purpose of processing by the Supplier, the duration of the processing and the types of Personal Data and categories of Data Subject (“Personal Data Scoping Document”) The Customer warrants and represents that the information contained in the Personal Data Scoping Document is true, complete and accurate.
19.4 Without prejudice to the generality of clause 19.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier for the duration and purposes of this agreement and shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with the Customer’s breach of this clause 19.4
19.5 Without prejudice to the generality of clause 19.1, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under this agreement:
19.5.1 process that Personal Data only on the written instructions of the Customer unless the Supplier is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Supplier to process Personal Data (“Applicable Laws”);
19.5.2 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
19.5.3 not transfer any Personal Data outside of the European Economic Area without the prior written consent of the Customer unless the Supplier has provided appropriate safeguards in relation to the transfer and complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred.
19.5.4 assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
19.5.5 notify the Customer without undue delay on becoming aware of a Personal Data breach;
19.5.6 at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
19.5.7 maintain appropriate records and information to demonstrate its compliance with this clause 19.
19.6 The Customer consents to the Supplier appointing the following categories of third-parties as a third-party processor of Personal Data under this agreement:
19.6.1 Telecoms providers
19.6.2 Datacentre providers
19.7 As between the Customer and the Supplier, the Supplier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to clause 19.6.
20. Agency, Partnership
These terms and conditions and any System Support Agreement or Sales Order between the parties subject thereto shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these terms and conditions and in any System Support Agreement and/or Sales Order between the parties.
21. Notices and Service
21.1 Any notice or other information required or authorised by this Agreement to be given by either party to the other in writing and shall be given by sending via pre-paid registered post, email, facsimile transmission or other comparable means of communication.
21.2 Any notice or information given by post in the manner provided by Clause 21.1 which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned by the sender, shall be sufficient evidence that the notice or information has been duly given.
21.3 Any notice or information sent by email, telex, cable, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent to the other party within 24 hours of transmission.
21.4 All notices to the Supplier hereto shall be addressed as follows:
Infinium IT Ltd
Unit 4, Bartle Court Business Village
Off Rosemary Lane
Bartle
Preston
PR4 0HB
Contact: Peter Miles/Ian Gaskell
21.5 Service of any document for the purposes of any legal proceeds concerning or arising out of this Agreement shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
22. Proper Law and Jurisdiction
22.1 These terms and conditions and those of any System Support Agreement and/or Purchaser Order between the parties and all matters arising from them shall be governed by and construed in accordance with English law notwithstanding the conflict of law provisions and other mandatory legal provisions save that:-
22.1.1 Each party shall have the right to sue to recover its fees in any jurisdiction in which the other party is operating or has assets: and
22.1.2 Each party shall have the right to sue for breach of its Intellectual Property Rights and other proprietary information and trade secrets (“IPR”) (whether in connection with these terms and conditions or otherwise) in any country where it believes that infringement or breach of these terms and conditions relating to its IPR might be taking place.
22.2 Each party recognises that the other party’s business relies upon the protection of its IPR and that in the event of a breach of threatened breach of IPR, the other party will be caused irreparable damage and such other party may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of its IPR.
1. Application
1.1 These Standard Terms and Conditions are intended to establish the fundamental terms and conditions applicable to the relationship of the Supplier and the Client, the nature of which is more specifically set out in the attachment to these Terms and Conditions. The Supplier shall sell or provide and the Client shall purchase the goods and/or services in accordance with (i) these terms and conditions and (ii) the supplementary terms and conditions contained in any Wi-Fi Services Sales Order signed by the Client and accepted by the Supplier PROVIDING however that the Wi-Fi Services Sales Order may contain additional and/or different conditions which shall take precedence over similar terms set out in these Standard Terms and Conditions.
2. Definitions
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“The Client” means any individual, firm or corporate body (which expression shall, where the contexts so admits, include its successors and assigns) which purchases Services from the Supplier
“Goods” any tangible products, including but not limited to, computer hardware, firmware or software and networking equipment sold, leased, rented, licensed or otherwise delivered to the Client pursuant to any accepted Wi-Fi Services Sales Order between the parties.
“Wi-Fi Services Sales Order” a written or oral request from the Client to the Supplier for the Supplier to provide Goods and/or Services.
“Services” means all services provided and/or goods sold by the Supplier to the Client as agreed from time to time.
“The Supplier” Infinium IT Limited (Company Number) 04521964 whose registered office is at Unit 4, Bartle Court Business Village, Off Rosemary Lane, Bartle, Preston, PR4 0HB
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
3. Services
3.1 The Supplier shall, in consideration of the fees and charges and/or price being paid by the Client to the Supplier in accordance with the provisions for payment, set out in the Wi-Fi Services Sales Order supply the Services and/or the Goods more particularly described in the said Wi-Fi Services Sales Order.
3.2 The Supplier will provide the Client with the Services as described in the appropriate Wi-Fi Services Sales Order.
3.3 Unless agreed otherwise no Title to the Goods utilised in the provision of the service as sold under any Wi-Fi Services Sales Order shall pass to the Client.
3.4 System Support arising out of the circumstances listed below are not included. If requested by the Client the work will be carried out and charged under the Suppliers Standard Terms and Conditions prevailing at the time.
3.4.1 Support of other software, firmware, accessories, attachments, peripherals, machines or other devices not supplied by the Supplier
3.4.2 The supplier is not responsible for:-
i. Transportation or relocation of hardware and ancillary equipment not undertaken by the Supplier;
ii. Failure of electrical power, air conditioning or humidity control;
iii. Changes, alterations or additions to the Client’s hardware or software not carried out by the Supplier;
iv. Failure or limitation in the connectivity as a result of the Carriers service or network;
v. Limitations in the service provision due to the demand for services at the location.
3.4.3 Attendance to faults caused by operating the Network outside design specifications;
3.4.4 Repair of any malfunction due to radiation or other interference in the environment of the hardware and other equipment;
3.4.5 Diagnosis and/or rectification of problems not associated with the Network;
3.4.6 Attempts by the Supplier to recover and/or rectify lost or corrupted data arising for any reason other than the Supplier’s own negligence
4. Price
4.1 The Client agrees to pay in advance the fees and charges and/or the price in accordance with the terms of payment contained in the Wi-Fi Services Sales Order.
4.2 The Client will pay for any additional services provided by the Supplier that are not pre- agreed in accordance with the Supplier’s then current daily rate in effect at the time of the performance or such other rate as may be agreed.
4.3 All sums payable pursuant to these terms and conditions are exclusive of VAT and, where applicable, any additional or substitute taxes, levies, imposts, duties, whatsoever and whenever, all of which shall be paid by the Client.
5. Payment
5.1 All payments required to be made pursuant to the Wi-Fi Services Sales Order shall be made upon presentation of the relevant invoice and in advance of any service provision.
6. Variations
6.1 The Supplier reserves the right, if reasonably required, to vary the terms of the Wi-Fi Services Sales Order at any time, provided that the Supplier shall inform the Client of such variations where the Supplier deems it necessary to do so and where reasonably practicable in the circumstances. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client variations as close to the original specifications as is reasonably possible in the circumstances.
6.2 In the event of a change in applicable law or regulations that materially changes the cost of delivery of the Services, the Supplier shall give the Client written notice thereof and the Client shall have 7 days to accept or tender notice of termination. The Services provided after the said 7 day period shall be at the increased rate, provided however, should the Client choose to terminate the Wi-Fi Services Sales Order, any such termination shall not trigger any otherwise applicable termination charge.
7. Termination
7.1 The Supplier may terminate its Wi-Fi Services Sales Order with the Client forthwith if:
7.1.1 The Client is substantially in breach of any of its obligations under these Terms and Conditions or under the provisions of any Order.
7.1.2 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntary or compounds with its creditors generally or has an administrator, with administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or
7.1.3 the Client has become bankrupt or has entered into a voluntary arrangement with its creditors or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or
7.1.4 the Client ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the Services through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of the Services.
7.2 In the event of termination under clause 7.1 the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have and shall not relieve the Client of its obligation to pay any fees or other monies payable which have been incurred prior to termination.
8. Sub-Contracting
8.1 Either party may sub-contract the performance of any of its obligations under this Agreement without the prior consent of the other party. Where either party sub-contracts the performance of any of its obligations under this Agreement to any person with or without the prior consent of the other party, that party shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the party itself.
10. Client responsibilities
10.1 The client is responsible for the provision of a suitable electrical supply to power the equipment.
10.2 The Client must be in attendance at the install and setup of the equipment at the pre-agreed time and location.
10.3 The Client accepts responsibility for the security and integrity of all hardware and software supplied as part of or incidental to the Services. Security includes both physical security and electronic security including but not limited to access control, password control and electronic usage. The Supplier reserve the right to charge the Client for any equipment that is lost or damaged whilst on the clients stand or site.
10.4 The Client is responsible for ensuring that appropriate electronic and internet usage policy is in place and enforced including any requirements they may have under GDPR.
10.5 The Client is responsible for ensuring that no unauthorised persons gain access to the Client computer network and that no unauthorised equipment or software is added to the Client’s computer network.
10.6 The Client will at all times use the hardware and software provided by the Supplier in a skilful and proper manner and in accordance with any operating instructions issued for them and to ensure that such hardware and software is operated and used by properly skilled and trained personnel.
10.7 The Client will make no alterations to the existing hardware and software and will not remove any existing components therefrom unless in the ordinary course of repair and maintenance by the Supplier.
12. Data confidentiality
12.1 Both the Supplier and the Client mutually undertake, except as provided below, to treat as confidential and keep secret all information marked “confidential” or which may reasonably be supposed to be confidential,(which is the case of the Client will include the Licence, Software and in the case of the Supplier all information relating to the Client), including without limitation, information contained or embodied in software supplied by the Supplier to the Client or other information supplied by the Client to the Supplier (in these terms and conditions collectively referred to “the Information”) with the same degree of care as it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices, provided that, this clause shall not extend to any information which was rightfully in the possession of either party prior to the commencement of the negotiations leading to an Agreement or Agreements between the Supplier and the Client or which is already public knowledge or which becomes so at a future date (otherwise done as a result of a breach of this clause).
12.2 Both the Supplier and the Client mutually undertake to ensure that persons and bodies referred to in this clause are made aware before the disclosure of any part of the Information that the same is confidential and that they owe a duty of confidence to the other party.
12.3 Each party to this Agreement shall promptly notify the other party if it becomes aware of any breach of confidence by any person to whom it divulges all or any part of the Information and shall give the other party all reasonable assistance in connection with any proceedings which the other party may institute against such person for a breach of confidence.
12.4 Neither the Supplier nor the Client shall without the prior written consent of the other party divulge any part of the other party’s Information to any person except:-
12.4.1 to their own employees only to those employees who need to know the same
12.4.2 to either party’s auditors, a court of competent jurisdiction, government body or applicable regulatory authority and any other persons or bodies having a lawful right, duty or obligation to know the business of the other party and then only in pursuance of such right, duty or obligation:
12.4.3 any person who is for the time being appointed by either party to maintain the software and hardware supplied by the Supplier to the Client and then only to the extent necessary to enable such person to properly maintain it
13. Liability
13.1 Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) in connection with the performance of the licensed software or hardware of these terms and conditions or of any Wi-Fi Services Sales Order.
13.2 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
13.3 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions or those of any Wi-Fi Services Sales Order by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control including force majeure. For the avoidance of doubt the Supplier shall not be held responsible for any failure or delay resulting from a breakdown in telecommunication services caused by internet service providers.
13.4 Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each of them. All obligations on the part of such Client shall be joint and several obligations of such persons.
13.5 No employee or representative of the Supplier, other than a duly authorised officer, has authority to bind the Supplier to any warranty whatsoever other than that, if any provided in these terms and conditions or in any Wi-Fi Services Sales Order, or to vary such terms and conditions and any contrary representation shall be void.
13.6 The provisions of these terms and conditions set out the maximum liability of the parties under or in connection with any agreement between the parties and all other liability is excluded, provided that nothing in these terms and conditions shall exclude or limit any liability of either party to the extent that such liability may not be excluded or limited by law.
13.7 For so long as the network is live the Client shall not authorise or permit any alterations or additions to the Network to be carried out other than by the Supplier and the Supplier will not accept any liability for repairs to the Network or any consequential loss incurred by the Client as a result of any problem or fault in the Network which has occurred following alterations or additions or maintenance work carried out to the Network other than by the Supplier.
14. Force Majeure
14.1 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions or those of any Wi-Fi Services Sales Order by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:
14.1.1 act of God, explosion, flood, tempest, fire or accident;
14.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
14.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
14.1.4 import or export regulations or embargoes;
14.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the Supplier of the Client or of a third party);
14.1.6 difficulties in obtaining raw materials, labour, fuel, part or machinery;
14.1.7 power failure or breakdown of machinery.
15. Waiver
15.1 No waiver by the Supplier of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall only be effective if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
15.2 No failure, delay, forbearance or neglect on the part of either party in enforcing against the other party any of these terms and conditions or of those contained in any Wi-Fi Services Sales Order shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these terms and conditions. No right, power or remedy in these terms and conditions conferred upon or reserved by either party is exclusive of any other right, power or remedy available to that party.
16. Severance
If any provision of these terms and conditions or of the terms and conditions of any Wi-Fi Services Sales Order agreed between the parties is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provisions shall, to the extent required, be severed from such terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and those of any other agreement between the parties referred to, and shall not in any way affect any other circumstance of or the validity or enforcement of such terms and conditions.
17. Copyright
The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Supplier’s service and facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
18. Third Party Rights
Except as expressly provided otherwise, the parties do not intend any term of these terms and conditions or of the terms and conditions of any Wi-Fi Services Sales Order between the parties to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999. In these terms and conditions references to a party or the parties is a reference to the party or the parties (as the case may be) to these terms and conditions and any Wi-Fi Services Sales Order and shall include any permitted assignees of a party.
19. Data Protection
The parties undertake to comply with the provisions of the Data Protection Act 1998, General Data Protection Legislation and any other related legislation in so far as the same relates to the provisions and obligations of these terms and conditions.
20. Agency, Partnership
These terms and conditions and any Wi-Fi Services Sales Order between the parties subject thereto shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these terms and conditions and in any Wi-Fi Services Sales Order between the parties.
21. Notices and Service
21.1 Any notice or other information required or authorised by this Agreement to be given by either party to the other in writing and shall be given by sending via pre-paid registered post, email, facsimile transmission or other comparable means of communication.
21.2 Any notice or information given by post in the manner provided by Clause 21.1 which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned by the sender, shall be sufficient evidence that the notice or information has been duly given.
21.3 Any notice or information sent by email, telex, cable, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent to the other party within 24 hours of transmission.
21.4 All notices to the Supplier hereto shall be addressed as follows:
Infinium IT Ltd
Unit 4, Bartle Court Business Village
Off Rosemary Lan
Bartle
Preston
PR40HB
Contact: Peter Miles/Ian Gaskell
21.5 Service of any document for the purposes of any legal proceeds concerning or arising out of this Agreement shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
22. Proper Law and Jurisdiction
22.1 These terms and conditions and those of any Wi-Fi Services Sales Order between the parties and all matters arising from them shall be governed by and construed in accordance with English law notwithstanding the conflict of law provisions and other mandatory legal provisions save that:-
22.1.1 Each party shall have the right to sue to recover its fees in any jurisdiction in which the other party is operating or has assets: and
22.1.2 Each party shall have the right to sue for breach of its Intellectual Property Rights and other proprietary information and trade secrets (“IPR”) (whether in connection with these terms and conditions or otherwise) in any country where it believes that infringement or breach of these terms and conditions relating to its IPR might be taking place.
22.2 Each party recognises that the other party’s business relies upon the protection of its IPR and that in the event of a breach of threatened breach of IPR, the other party will be caused irreparable damage and such other party may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of its IPR.
These Terms are to be read in conjunction with our General Provisions for the Supply of Services. Unless the context otherwise requires initially capitalised terms used herein shall have the same meaning as when used in our General Provisions.
Agreement to Nominet’s Terms and Conditions
When you search and or register a domain name with Infinium, you are obliged to familiarise yourself with and agree to the terms and conditions that Nominet set out for domain registration, taking note of within those terms of the DRS Policy and DRS Procedure. When registering a domain you will be asked to confirm that you have read and understood these terms and any obligation and agreement you are making when registering a UK domain, a link to which is here Nominet’s Terms and Conditions
https://www.nominet.uk/go/terms
Registrant Data Quality Compliance Terms
When registering a UK domain through Infinium, the data you use to create an account, will be used to match your billing data provided, and the data used to register any subsequent domains, furthermore, the data provided can not be changed once created without the permission and intervention of Infinium. You agree to supply us with a verifiable registrant name and address and agree to liase with Infinium to correct any mistakes, and supply proof when required to do so to help Infinium validate your data. Should you have made a mistake, please send your corrected address details and one of these proofs, For individuals; Driving Licence, Valid ID for non UK residents (for .uk a verifiable UK service address must be used), HMRC Tax Notification(dated last 3 months), Utility Bill (dated last 3 months), Bank Statement (dated last 3 months). For Businesses; Bank Statement (dated last 3 months), HMRC Tax Notification (dated last 3 months), Utility Bill (dated last 3 months), Company letterhead, Official Company Stamp/Seal. You can email support@infinium.co.uk and we will endeavour to correct it as soon as possible. We reserve the right should we not be able to verify your given details to use third party resources such as the electoral role and for businesses, to check with companies house or business directories to enable us to correctly and quickly verify your registrant data.
Data quality is at the heart of what we do at Infinium, this contributes to the security of the UK namespace, and allows the relevant authorities to act quickly to protect the public should they need to. Should we not be able to validate any data that we feel needs secondary examination, we will after 30 days of trying place a Registrar Data Quality Lock on the domain contact, this will suspend the domain and any other domains associated to the contact. In the event of Nominet contacting us regarding invalid data, we will immediately place a Data Quality Lock on the domain or domain contact. Infinium reserves the right when data validation has failed to delete the contact and all domains associated in line with Nomninet’s terms of use and data policy.
Abuse
Infinium do not allow the registration through its services of any domain that is done so with the sole intent of causing another person or body harm, be that threatening, offensive, illegal or trademark infringing. Should you breach these terms or violate any of Nominet’s terms, you agree for Infinium to lock at their discretion any said domain, and if needed report serious abuse to Nominet and the relevant authorities. Should Infinium receive information with suspected abuse, we will endeavour to contact you to discuss the matter and resolve any abuse complaint that we receive. Should you have any questions about a domain you wish to register, please contact us via the contact form on our web site. In the first instance any abuse complaint should be emailed to support@infinium.co.uk
Resellers
It is the responsibility of Infinium’s resellers to ensure that the end client has been made aware of Nominet’s terms and conditions where applicable.
Additional Terms For .gov.uk Agreements
These terms take precedence over any other terms in this agreement.
The latest version of these terms can be found here https://www.gov.uk/guidance/additional-terms-for-govuk-agreements.
The party selling or issuing the gov.uk domain or subdomain must apply best endeavours to seek to update this agreement annually to reflect the latest version of the terms made available by the Critical Domain Holder (as defined below) from time to time.
The Purpose of this Code of Practice (“Code”)
As a provider of ADSL services, we are required by Ofcom to develop and publish a Code of Practice setting out the key information concerning the Services we provide to you and the key support services and company procedures which underpin them. This Code contains information about:
• Who we are and the Services we provide
• How to contact us
• How we communicate with you
• Customer Care
• Confidentiality of Customer Information
This Code is accessible through our web site at www.infinium.co.uk. A large print or hard copy version of the Code can be requested by calling 01253 353537 or by writing to our Customer Services Department at the address specified below.
Who we are and the Services we Provide
Infinium is the trading name of Infinium IT Limited. We provide the following services:
• hosted services,
• broadband services,
• domain name registration services,
• dedicated services, Ethernet services and
• consultancy and support services
to both consumers and to small and medium sized business. Our registered office address and our main office are located at Unit 4 Bartle Court Business Village, Rosemary Lane, Preston, Lancashire, PR4 0HF. For other contact details please see below under the section “How to contact us”.
How to Contact us
All correspondence to us should be directed to our registered and main office at Unit 4 Bartle Court Business Village, Rosemary Lane, Preston, Lancashire, PR4 0HF. In addition to contacting us there, there are a number of other ways that you can contact us, and we will be happy to answer your questions. We always aim to respond to your correspondence within 3 business days.
General Enquiries
If you have any questions about this Code, any of our Terms and Conditions or any other matter, you may contact us on 01253 353537.
Sales and Support
If you are a customer or a potential customer and have any questions about any of our products or Services or a need for support, please contact us on 01253 353537 or by email on either sales@infinium.co.uk or support@infinium.co.uk
Privacy
If you would like to notify us of how we may communicate with you for marketing purposes, or otherwise would like to contact us in connection with privacy issues, please contact us on 01253 353537. We will respect your choices.
Complaints
If you have a complaint, we need to know as quickly as possible. To avoid delay, please contact us by:
Phoning: 01253 353537
Writing to: Customer Services at Unit 4 Bartle Court Business Village, Rosemary Lane, Preston, Lancashire, PR4 0HF; or Emailing: sales@infinium.co.uk. We will do our best to resolve your complaint in accordance with the procedure outlined below under the section headed “Customer Care “.
How we communicate with you
We believe in effective communications with our customers. Customers can contact us as outlined above in the Section of this Code headed “How to Contact us”. We may contact you using both online methods such as email and offline methods such as post or telephone. We may need to do so if we have any account queries, or need to inform you of any changes to this Code or to our Terms and Conditions. We may also promote our products and Services, including special offers, through a variety of media. In doing so, we will respect any choices you have made regarding use of your contact details as notified to us (see above under “How to Contact us”) and we will also abide by all applicable industry-accepted standards, such as the Code of Advertising Conduct of the Direct Marketing Association.
Customer Care
Cancelling Services
Customers may cancel their contract with us at any time in accordance with our Terms and Conditions. A contract will run for the applicable minimum period after which time the contract will lapse if it is not renewed. Please contact our Customer Services (as above) for more information or if you are unsure which minimum period applies to the particular product or Service you have purchased or are considering purchasing from us.
Prices
Please contact our Sales Department (as above) for details of our prices for particular products and Services.
Resolution of Complaints
If you are unhappy with any of our products or the level of our Services, please contact us and let us know. It is mainly through your feedback that we are able to review and keep improving the overall level of the Services we provide. We will do our best to resolve any complaint that you have as quickly as possible, once it has been investigated.
Phoning: 01253 353537
Writing to: Customer Services at Unit 4 Bartle Court Business Village, Rosemary Lane, Preston, Lancashire, PR4 0HF.
Emailing: sales@infinium.co.uk
We will deal with your complaints or queries as quickly as possible. As a guideline, we will try to respond to written correspondence within 10 working days of receipt of your correspondence. All complaints are dealt with by managers at the highest appropriate level. If your complaint is not resolved to your satisfaction you can ask us to escalate the matter internally by writing to our Customer Services Department at the address given above, explaining that you wish the matter to be escalated.
The following section only applies to consumers and small businesses:
If within twelve weeks of a complaint being referred to us as outlined above, it has still not been resolved to your satisfaction, or if we write to you to say that “deadlock” has been reached, you may refer it to CISAS. CISAS will take evidence from both you and Infinium and will make an independent decision based purely on the merits of the case. You can find out more about the scheme at www.arbitrators.org/cisas/. By post you can write to them at CISAS, The Chartered Institute of Arbitrators, 24 Angel Gate, City Road, London EC1V 2PT, or by phone on 020 7520 3827.
Refunds
We will consider requests for refunds depending on the circumstances giving rise to the request.
Confidentiality of Customer Information
We will treat any information we have about you in confidence and will not disclose it to anyone except yourself, or in accordance with your instructions to us unless we are required to do so in the circumstances set out below. There may be circumstances in which we may be required by law to disclose such information. Such requests may come from the police, Customs & Excise, or other regulatory bodies. If we are required to disclose any information by law or to any official body we will wherever possible notify you in advance before we do so.
What Are Cookies
As is common practice with almost all professional websites, this site uses cookies, which are small text files placed onto your computer or electronic device when you access our website. These files can be used to track user’s actions and activities and to store information about them. We use cookies on this website for the following purposes.
How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.
The Cookies We Set
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features, these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
The Google Ads service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google Ads see the official Google Ads privacy FAQ.
In some cases, we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.
Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, LinkedIn, YouTube, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
More Information
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However, if you are still looking for more information then you can contact us through one of our preferred contact methods.
Email: enquiries@infinium.co.uk
Phone: 0808 169 1551
Goals
Our goals are to preserve our and your privacy and security and maximize the usefulness to you and our other customers of our Services and the Internet, to protect network resources and to ensure compliance with applicable law at all times.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that in our sole opinion damage our commercial reputation and goodwill.
Security
Any “denial of service” attack, any attempt to breach authentication or security measures, or any unauthorised attempt to gain access to any other account, host or network is prohibited, and will result in immediate termination of Services which may be affected without notice.
Bandwidth Usage
If your bandwidth either exceeds the allowance set as part of your package or reaches the point where it has an adverse effect on other customers we reserve the right to:
i) restrict your bandwidth usage, without prior notice, until you can reduce your bandwidth usage; or
ii) charge you for excess bandwidth usage, over and above your package allowance, as published by us from time to time.
Unacceptable Use
i) The use of any of our servers for any of the following purposes is prohibited: a) to send bulk or unsolicited e-mail messages (commercial or otherwise); b) to collect responses from unsolicited e-mail; c) to engage in “spamvertising” (i.e. the publication of webpages used or promoted by spam); or d) to post advertisements or messages that violate the charter of any newsgroup or mailing list.
ii) We reserve the right to decide whether a message violates the newsgroup or mailing list charter. In most cases we will defer to the judgment of the newsgroup or mailing list moderator or administrator.
iii) Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted.
iv) Conduct in connection with e-mail that is an obvious nuisance (such as “mail bombing”) or that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, or software piracy) is prohibited.
Forgery of Identity
Falsifying address information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing this policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
Copyright, Privacy, and Intellectual
Property Using one of our hosted Domain Names to commit, aid or abet any violation of copyright or intellectual property law is prohibited. This prohibition includes publishing a private e-mail message or that of a third party, by any means, without the express prior consent of the author. Our and your e-mail addresses are not for sale or commercial distribution to third parties without our express prior consent or that of the subscriber.
Cooperation with Other Providers
Using our facilities to engage in activities that violate the terms of services of any other Internet Services Provider is prohibited. For example but without limitation, sending unsolicited commercial e-mail through our facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.
Consequences of Violation
Violation of any part of the Policy set down herein may result in temporary suspension or permanent termination of one or more Service provided to you at our sole discretion. We do not issue service credits for any outages incurred though Service disablement resulting from Policy violations.
Modification
We reserve the right to add, delete or modify any provision of this Policy at any time without notice. Any such variation will be posted on our website and you may refer to the terms of this Policy at any time.
Your Obligations and Warranties
In signing up to take any of our Services or any of them you represent, undertake and warrant to us that you will use our Services for lawful purposes only and only as authorised. In particular, but without limitation, you represent, warrant and undertake to us that you will:
i) keep secure and not disclose any password which may be given to you by us to third parties and that any such password will only be used for the authorised purpose communicated to you by us and further that you will notify us immediately of any known or suspected unauthorised use of the password. You will be liable for any unauthorised use of your password;
ii) observe the procedures which we may from time to time prescribe;
iii) not post, link or transmit to any of our servers any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or otherwise objectionable in any way;
iv) not post, link or transmit to any of our servers any material which contains a virus or other hostile computer program or run any applications that could lead to a modification of the physical or logical structure of the networks being used;
v) not post, link or transmit to any of our servers any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons;
vi) adhere to laws for the protection of minors;
vii) respect the privacy of others and that you will not send unsolicited, harassing, slanderous or threatening content;
viii) not use any names, documents, pictures or other elements of our site so as to create the impression of any relationship whatsoever with any of our products or Services, or of support for any of our products or Services without our prior written consent;
ix) not develop or attempt to develop programs designed to bypass the user interface to access our program functions;
x) treat all confidential and proprietary information and documents provided by us to you, including without limitation any password, as confidential and not to disclose the same to a third party.