Terms and Conditions of IT Support Services

1. Introduction

Agreement to terms by accessing or using the IT support services provided by Zircon IT Systems Limited (referred to as “the Company,” “we,” “us,” or “our”), you (“the Client,” “you,” or “your”) agree to be bound by these terms and conditions (the “Terms”). If you do not agree with any of these Terms, please do not use our services.

Please note that Zircon IT Systems may not issue a contract for signing; you are bound by these terms when you engage us to provide services.

2. Services

The Company offers a broad range of IT support services, including but not limited to the following categories. The Company will provide IT support services as agreed upon in writing or verbally with the Client. These services may include but are not limited to:

2.1 Troubleshooting and Technical Support

• Diagnosis and resolution of software, hardware, and network issues.
• Remote and on-site troubleshooting for PCs, laptops, servers, and mobile devices.
• Assistance with connectivity problems (e.g., Wi-Fi, VPN, LAN/WAN issues).
• Support for both Windows, Mac, and Linux environments, as applicable.
• User assistance in resolving operating system errors, performance issues, and crashes.

2.2 Software Installation, Configuration, and Updates

• Installation and setup of software applications, operating systems, and utilities as requested by the Client.
• Configuration of software to ensure compatibility with existing systems and processes.
• Installation of patches, updates, and upgrades to ensure software is running the latest, most secure versions.
• Custom configuration of business applications or third-party tools to align with Client workflows.

2.3 Hardware Installation, Configuration, and Maintenance

• Installation and setup of new hardware components including computers, servers, printers, routers, and other peripherals.
• Routine maintenance and checks to ensure hardware is functioning optimally.
• Recommendations on hardware upgrades or replacements to meet the Client’s growing needs.
• Management of warranties, replacements, or repairs for hardware components.

2.4 Network Setup, Configuration, and Support

• Design and implementation of network infrastructure, including LAN, WAN, VPN, and Wi-Fi setups.
• Configuration and troubleshooting of routers, switches, firewalls, and network-attached storage (NAS) devices.
• Network performance optimisation and security hardening to ensure reliable, fast, and secure data transmission.
• Remote and on-site support for network connectivity issues and system outages.
• Management of user access, permissions, and network policies.

2.5 Data Backup, Recovery, and Storage Solutions

• Setup of automated data backup solutions to prevent data loss.
• Configuration of cloud-based and on-premise backup systems tailored to the Client’s needs.
• Data recovery services in the event of accidental deletion, hardware failure, or system crashes.
• Development of disaster recovery plans to minimise downtime and data loss during unforeseen events.

2.6 Virus, Malware, and Security Solutions

• Installation and configuration of antivirus software and malware prevention tools.
• Removal of viruses, spyware, malware, and other security threats from systems.
• Security audits and vulnerability assessments to identify and mitigate risks.
• Implementation of firewalls, intrusion detection systems, and encryption technologies.
• Security training for users to help prevent phishing and other social engineering attacks.

2.7 IT Consulting and Strategy

• Advice on best practices for IT management and digital transformation.
• Strategic planning for IT infrastructure upgrades, including hardware and software investments.
• Consultation on cloud computing, virtualisation, and migration services to optimise cost and efficiency.
• Long-term technology planning, budget forecasting, and support for business growth.

2.8 Cloud Solutions and Management

• Setup and management of cloud-based services, including email, file storage, and collaborative platforms (e.g., Microsoft 365, Google Workspace, AWS, Azure).
• Migration of data and services from on-premise environments to the cloud.
• Ongoing management of cloud resources, including monitoring, optimisation, and security.
• Backup and disaster recovery planning for cloud services.

2.9 Remote Monitoring and Maintenance

• Proactive monitoring of the Client’s IT systems to detect and address issues before they lead to downtime.
• Remote maintenance tasks such as software updates, system health checks, and performance tuning.
• Alerts and notifications sent to both the Client and Company technicians for early intervention on critical issues.

2.10 Custom Projects and IT Development

• Assistance with one-time or special IT projects, such as office moves, new system rollouts, or custom software implementation.
• Development of custom scripts or automation solutions to streamline operations.
• Consultation on emerging technologies, tools, and methodologies to help the Client stay competitive.

2.11 Exclusions

The following items are generally not included in standard IT support services unless specifically agreed upon:

• Support for hardware or software not provided or recommended by the Company.
• Major infrastructure projects such as full network redesigns or large-scale hardware deployments without separate agreements.
• Services or tasks requiring highly specialised knowledge or certifications not within the Company’s standard expertise.
• Any support or services requested outside of normal working hours, unless agreed otherwise.

2.12 Third-Party Products and Services

The Company may recommend, install, or manage third-party products or services as part of its IT Services. However, the Company does not warrant the performance or availability of these third-party products or services. The Client agrees that any issues with third-party products or services must be addressed directly with the vendor or manufacturer, unless a separate agreement exists for managed support.

2.13 Service Customisation

All services can be tailored to meet the specific needs of the Client. Any such customisations must be agreed upon in writing before commencement of the services.

3. Payment terms

3.1 Monthly Payment Plans

The Client agrees to pay all fees associated with the services provided. Pricing for services will be agreed upon prior to commencement of work. Payment for services will be made on a monthly basis according to the level of service chosen. Payments must be made within payment terms agreed and stated on the invoice. Late payments may incur interest at a rate of 8% per annum above the Bank of England base rate.

3.2 Annual Payment Plans

You may opt to pay for services annually. Annual payments are due in full at the start of the service year.

3.3 Deposit

For first time consultancy work, we will ask for 50% of the total cost upfront as an initial deposit prior to any work begins. This deposit is non-refundable.

3.4 Early Termination

If You wish to terminate the contract before the end of the annual term, You are required to pay 50% of the remaining year’s cost as an early termination fee. This fee is payable within 30 days of termination and we reserve the right to withdraw services on non-payment.

3.5 Additional Charge

Any work outside the agreed service or consultancy work will be charged at our standard hourly rate of £120 per hour. Bespoke quotes can be provided upon request.

4 Non-payment and service suspension

4.1 Payment Obligation

The Client agrees that all fees for services rendered by the Company are due according to the terms stated in the invoice or service agreement. Failure to remit payment within the specified payment period constitutes a breach of these Terms.

4.2 Grace Period

In the event of non-payment, the Company will provide the Client with a written notice of overdue payment. The Client will have a grace period of 7 days from the date of the notice to make the required payment in full.

4.3 Suspension of Services

If full payment is not received within the specified grace period, the Company reserves the right to suspend all IT support services, including but not limited to:

• Disabling access to any hosted software or platforms managed by the Company.
• Discontinuing remote or on-site support.
• Turning off or restricting access to hardware, servers, or networks provided or managed by the Company.
• Halting any ongoing project or development work.

4.4 Data Access and Retention

During the suspension of services, We are not obligated to provide the Client access to any systems, data, or services until the outstanding balance is paid in full. We fully reserve the right to withhold any data, software, or equipment under its control until the Client’s account is settled.

4.5 Termination of Services

If payment is not received within 14 days after the suspension of services, We may, at Our sole discretion, terminate the Client’s account and cease all services permanently. Any data, configurations, or projects managed by the Us may be deleted or irreversibly altered at this point, and the We shall bear no liability for such actions.

4.6 Reinstatement Fee

Should the Client wish to reinstate services after suspension or termination due to non-payment, a reinstatement fee of £500 may be applied, in addition to settling all outstanding balances. Reinstatement of services will be at the discretion of the Company and may involve additional administrative and service re-setup fees.

4.7 Legal Action

We reserve the right to take legal action to recover any unpaid fees and related costs, including but not limited to collection costs, legal fees, and interest as permitted by law.

4.8 Client Responsibilities

The Client acknowledges that the We will not be liable for any damages, data loss, or disruption of services caused by the suspension or termination due to non-payment.

5. Response Time and Service Level Agreement (SLA)

The Company will make commercially reasonable efforts to respond to service requests within the agreed-upon timeframe. However, we do not guarantee that all issues will be resolved within a specific time unless explicitly stated in a separate SLA agreement.

6. Client Obligations

• The Client agrees to provide accurate and complete information to assist in the provision of IT support services.
• The Client is responsible for maintaining proper backups of their data unless specifically contracted otherwise.
• The Client must ensure that their hardware, software, and network comply with industry standards to avoid any service interruptions.

7. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information received from the other party. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party.

8. Limitation of Liability

The Company will not be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use the services, even if the Company has been advised of the possibility of such damages.
Our total liability for any claim arising under these Terms shall not exceed the amount paid by You for the services in question.

9. Warranty Disclaimer

• The Company makes no warranties, express or implied, regarding the services provided, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
• All services are provided on an “as is” basis.

10. Termination

Either party may terminate the agreement at any time by providing 30 days’ notice to the other party.
The Company may terminate the agreement immediately if the Client fails to make payment or breaches any of the terms outlined.

11. Force Majeure

The Company shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, or government regulations.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Changes to Terms

The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting. The Client’s continued use of the services constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms, along with any other agreements or documents referenced, constitute the entire agreement between the Client and the Company regarding IT support services and supersede all prior agreements.

15. Contact Information

For any queries or notices under these terms, please contact Us at:

Zircon IT Systems Limited
Unit A Telford Court,
Chester Gates Business Park,
Chester, CH1 6LT
Company Number: 08085478

Email: info@zircon-it.co.uk
Phone: 0151 433 8860

16. Acceptance of Terms and Conditions

16.1 Binding Agreement

By requesting, accessing, or using any of the IT support services provided by Zircon IT Systems, including but not limited to on-site support, remote assistance, software installation, network setup, or any other IT-related services, the Client expressly acknowledges and agrees to be bound by these Terms and Conditions in their entirety, as well as any amendments that may be made from time to time.

16.2 Implied Consent

The Client’s continued use of the Company’s services constitutes full acceptance of these Terms and Conditions, regardless of whether the Client has physically signed or explicitly acknowledged receipt of the Terms. This applies whether the services were requested verbally, via electronic communication, or through any other means.

16.3 No Need for Signature

The Company does not require a formal signature from the Client to validate acceptance of these Terms. By engaging with the Company, including requesting services, making payment, or receiving any form of IT support, the Client affirms their consent to abide by the terms set forth in this document.

16.4 Updates and Amendments

The Company reserves the right to modify or update these Terms at any time without prior notice to the Client. Continued use of the services following any changes or updates to the Terms signifies the Client’s agreement to the revised Terms. It is the Client’s responsibility to regularly review the Terms and ensure ongoing compliance.

16.5 Opting Out

If at any point the Client does not agree to these Terms and Conditions or any future amendments, they must immediately discontinue using the Company’s services and notify the Company in writing of their decision to terminate the service relationship. However, any obligations, including payment for services already rendered, will remain in effect.