Support Services Terms & Conditions

1. Introduction

These Terms and Conditions govern the provision of audio-visual related support services provided by AV Xpert Limited (the "Company").

"You", "Your", and "Client" refer to the person or entity receiving our products and services. "We", "Us", and "Company" refer to AV Xpert Limited, a company registered in England and Wales (Company Number: 8967195), with a registered office at Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA.

These Terms are governed by the laws of England and Wales, and any disputes arising from or in connection with these Terms will be subject to the exclusive jurisdiction of the English courts.

By signing the quotation provided by the Company, which details the cost of goods and services to be provided, the Client accepts these terms and conditions.

2. General

If any provision of these Terms and Conditions is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), the invalid or unenforceable provision will be severed, and the remaining provisions will continue in full force and effect.

3. Acceptance of Orders

All orders for the support of audio-visual equipment and associated systems must be accepted by the Client via the Company's online quotations and Acceptance Portal. By signing electronically within the portal, the Client acknowledges and agrees to these Terms and Conditions, and the order will be deemed accepted.

The electronic signature provided by the Client is legally binding and has the same legal effect as a physical signature. The Client agrees that their electronic signature is an indication of intent to enter into a binding agreement with the Company, and that the order is confirmed upon submission of the electronic signature.

The Company reserves the right to refuse any order, at its sole discretion, including but not limited to cases where any required payment is not received, or the Company believes the order does not comply with its Terms and Conditions.

4. Scope of Service

The services provided under this agreement are for the one-off provision of technical support to attempt to resolve a specific issue or issues within the client's audio-visual system, or to add additional functionality to a system through the adjustment of setting or reprogramming of the system, as brought to the Company's attention in advance when enquiring about a resolution, before providing a quotation. This may involve the provision of technicians to visit customer sites or provide over-the-phone support, as agreed upon in advance.

The service is not ongoing and is contracted solely for the resolution of the identified issue(s) and does not constitute an ongoing support and maintenance agreement.

5. Service Availability and Delivery

The availability of the service is subject to the Company's discretion and technician availability. The service will be provided on a one-off basis to attempt to resolve the specific issue(s) or add further functionaility to the system, as described by the client.

If the implementation cannot be fully resolved during this service visit, within the allocated time, further charges may apply for any additional time or further services required to complete the resolution.

If additional time is required beyond the allocated time for the visit, this must be agreed upon by the client in writing, and will be chargeable at the standard hourly technician rates, subject to the availability of the technician's schedule.

The Company will bring standard cabling and components to the service visit, which may be required to resolve the issue(s), but cannot guarantee that all required parts will be available to fully resolve the issue(s).

If any additional or specific components are required, that are not already included on the Order Confirmation, these will be chargeable, and the costs must be agreed upon in writing. If the necessary components are not available to the technician at the time of the visit, a further chargeable visit will be required to complete the resolution, at the client's expense.

6. Service Fees and Proposed Resolution

When you contact us regarding an issue with your audio-visual system, we will assess the problem based on the information you provide. In some cases, an initial consultation with a technician may be required, which will be provided free of charge. This consultation, typically conducted over the phone, helps us understand the issue more clearly and allows us to use our best judgement to propose a suitable resolution. Following the consultation, if we determine a service visit is necessary, we will provide a quotation outlining the anticipated resolution, including the charges for the service visit. The quotation will reflect our professional judgement of the time, resources, and components required to address the issue.

The agreed-upon charges for the service visit will cover the technician's time, any components or materials used, and any additional costs as specified in the quotation. Services are generally billed on a per-hour basis, depending on the nature of the work.

For hourly or day-rate services detailed on your Order Confirmation, no refunds will be issued for unused time if the service is completed sooner than expected, or if the Client requests a reduced duration. However, if the service is delayed or extended due to factors within our control, the service will be provided without additional cost.

If the issue cannot be fully resolved during the service visit, additional charges may apply for further visits or services required to complete the resolution. These charges will be agreed upon by means of a separate quotation, that will need to be accepted before proceeding with any additional work.

If the issue requires a repair that cannot be performed on-site or may be covered under warranty, we are happy to take any faulty units away for further investigation. After assessing the equipment, we will provide a cost for either handling the warranty repair and reinstating the unit, or for having the unit professionally repaired and reinstated. If under these circumstances, the client does not wish to accept the proposed quote for the required work, they will either need to collect the equipment from our warehouse or pay for shipping to have it returned. Alternatively, we can offer to dispose of the unit in an ethical manner free of charge, provided the client agrees to this in writing. If we do not hear from the client within 3 months of notifying them about the status of the equipment, we reserve the right to dispose of the item.

7. Safety and Access for Service Delivery

AV Xpert requires sufficient and safe access to the site for the entire duration of the agreed service visit. This includes access to all relevant areas where the audio-visual system is located, as well as the necessary permissions, keys, or codes for entry. The site should provide adequate space for the technician to work, including space to store tools and equipment used during the service visit.

Failure to provide adequate access may result in additional service charges, delays in the completion of the service, or the inability to carry out the service as scheduled.

For reasons of health and safety, it is essential that the work area is free from any hazards or obstacles that could impede the technician's work. As the Client, you are responsible for ensuring the work area is prepared in advance and free from unnecessary interference during the service visit. If access to the site is restricted or compromised due to factors outside of AV Xpert's control, additional charges may apply, and the service may need to be rescheduled.

AV Xpert reserves the right to delay or reschedule the service if proper access cannot be provided or if health and safety concerns arise during the visit. Any delay caused by inadequate access may result in additional charges to cover the rescheduling or additional technician time required.

The Client is responsible for ensuring a professional and safe working environment for AV Xpert personnel. Any form of verbal or physical abuse towards AV Xpert staff may result in immediate termination of services, with full payment still required.

All activities must comply with relevant health and safety laws. AV Xpert is not liable for injuries, damages, or losses resulting from the Client's failure to uphold safety responsibilities.

Please note that some repairs may generate noise or cause temporary disruption to the working environment. If the Client requests that the service be stopped due to disruption or noise, additional charges may apply. Furthermore, if the work cannot be completed within the agreed timeframe, AV Xpert may need to return at a later date to finish the service, which could incur additional costs. The Client accepts responsibility for any inconvenience or disruption that may occur during the service visit, and acknowledges that such activities may be necessary to complete the work.

Where possible, the Client shall provide free on-site parking for the technician's vehicle for the entire duration of the service visit. If on-site parking is not available, any parking fees or costs incurred will be passed on to the Client. The Client is responsible for ensuring the technician has access to a nearby parking space and that these fees are covered.

8. Disposal of Waste during Service Visits

AV Xpert is committed to environmentally responsible disposal of any waste generated during a service visit. We will remove and dispose of any packaging, old redundant equipment that is being replaced under this visit, and debris directly resulting from the service visit and any repairs carried out on-site. However, we will not dispose of any waste that was not created directly through the service provision.

If the service visit involves the replacement or repair of existing equipment, AV Xpert will remove and dispose of the faulty or replaced equipment in an environmentally responsible manner. The work area will also be cleared of any waste generated during the visit, including cable off-cuts, packaging, and other debris.

If you wish to keep any equipment that is being replaced or removed during the service, please inform the technician on-site, and the equipment will be left in a designated area.

Any waste not related to the service visit, including materials or waste from other contractors, is the responsibility of the Client. The Client agrees to manage and dispose of any such waste separately.

9. Limitation of Liability

AV Xpert will provide services with reasonable skill and care, and in accordance with industry standards. However, the Company's total liability to the Client under this agreement, whether arising from negligence, breach of contract, or otherwise, shall not exceed the total amount paid by the Client for the specific service being provided.

AV Xpert shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to, loss of profit, loss of use, loss of data, or damage to reputation, arising from or in connection with the service visit, even if the Company has been advised of the possibility of such damages.

AV Xpert will not be held liable for any damage or loss caused by factors beyond its control, including but not limited to, third-party actions, natural disasters, or power failures. Additionally, AV Xpert is not responsible for any pre-existing issues within the Client's system or equipment that were not brought to the Company's attention prior to the service visit.

The services provided under this agreement do not come with a warranty due to the nature of the work being carried out. While AV Xpert will make every reasonable effort to resolve the Client's issues during the service visit, there is no guarantee that the issue will be fully resolved or that the system will perform without further issues after the service.

If AV Xpert is unable to resolve the issue during the service visit, the Company shall not be liable for any resulting damage, loss of functionality, or any other consequences arising from the unresolved issue.

In the event of a fault or defect in the service, AV Xpert will, at its discretion, either re-perform the service or refund the cost of the service, excluding any costs for equipment or materials used.

10. Payment

Payment for services provided under this agreement must be made in accordance with the terms outlined in the quotation or invoice provided by AV Xpert. By accepting the quotation or signing the acceptance document, the Client agrees to adhere to the payment terms as set out by the Company.

A 30% deposit is required at the time of order to secure the service appointment and reserve any required materials. This deposit must be paid within 7 days of receiving the payment request. The remaining balance is due upon completion of the service visit, with payment terms of 30 days from the date of invoice.

Payments must be made using traceable and secure methods, including card payment, bank transfer, or other electronic payment methods as specified by AV Xpert. For payments over GBP500, BACS transfer or cheque is the only accepted method. Payments must be made from an account in the Client's name.

Any delays in payment may result in delays to the service, suspension of services, or cancellation of the agreement. In such cases, AV Xpert reserves the right to retain the deposit as non-refundable and to charge for any additional costs incurred due to non-payment, including legal fees and collection costs.

AV Xpert reserves the right to apply late payment interest at a rate of 8% above the Bank of England base rate per month for any overdue payments. Failure to adhere to these payment terms may result in the suspension of services or cancellation of the contract, and the Client will remain liable for all outstanding balances.

In the event that payment remains overdue, AV Xpert may refer the account to a third-party debt collection agency. Any costs incurred from the use of a debt collection agency will be added to the outstanding balance and will be the responsibility of the Client.

11. Cancellation and Postponement

The Client may cancel or postpone the service appointment, subject to the following terms:

Cancellation: If the Client wishes to cancel the service, they must provide at least 48 hours' notice prior to the scheduled service visit. In the event of cancellation of the scheduled visit, AV Xpert reserves the right to retain the full deposit paid, which is non-refundable.

Postponement: If the Client wishes to postpone the service appointment, they must provide at least 48 hours' notice. AV Xpert will make reasonable efforts to accommodate the rescheduled date, subject to availability. If the rescheduled date is within 30 days of the original service start date, the deposit will be applied to the new service date. If the postponement results in a delay beyond 30 days, a new quotation may be required, and any increase in costs will be communicated to the Client.

12. Confidentiality

Both parties agree to maintain the confidentiality of any information, documents, or data that is shared in the course of providing or receiving the services under this agreement. This includes, but is not limited to, technical details, business practices, client information, and any proprietary systems or methods.

AV Xpert acknowledges that, in the course of providing service, it may have access to the Client's confidential information, and will take reasonable steps to ensure that such information is not disclosed to any third party without the Client's prior consent, except where required by law or regulation.

The Client acknowledges that any information shared with AV Xpert is provided with the understanding that AV Xpert will use it only for the purpose of performing the agreed-upon service. AV Xpert will not use the Client's confidential information for any other purposes without prior written consent from the Client.

13. Intellectual Property

Any custom software, programming, or unique system designs developed by AV Xpert, whether as part of an initial system installation or subsequent updates to an existing system, remain the intellectual property of AV Xpert unless otherwise agreed in writing. The Client is granted a non-exclusive, non-transferable licence to use such intellectual property for its intended purpose, subject to the terms and conditions outlined in this agreement.

In cases where AV Xpert is tasked with updating or modifying an existing system provided by another installer, the Client is responsible for ensuring that AV Xpert is granted the necessary access to the system, including access to original programming, configurations, or software. This may include, but is not limited to, providing passwords, security access, or other relevant documentation. The Client agrees to arrange any necessary permissions or consents from the original installer or third-party provider for AV Xpert to access and modify the system.

If AV Xpert encounters difficulties obtaining access to the original system programming or components due to restrictions or lack of cooperation from the previous installer, AV Xpert will inform the Client. Any delays or additional costs incurred due to such access issues will be the responsibility of the Client. AV Xpert cannot be held liable for any inability to complete the updates or modifications as initially agreed if such access is not provided.

The Client acknowledges that they do not acquire any rights to proprietary software, configurations, or documentation created by AV Xpert, unless explicitly stated in the contract or agreement. Any unauthorised reproduction, modification, or distribution of AV Xpert's intellectual property is strictly prohibited.

In the event that AV Xpert is required to use any third-party software or components as part of the system update, the Client will be informed of any applicable licensing terms. Any such software or components remain the intellectual property of their respective owners.

14. Force Majeure

AV Xpert shall not be liable for any delay, failure, or inability to perform its obligations under this agreement if such delay or failure is caused by an event or circumstance beyond its reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, war, civil unrest, terrorist activity, strikes, labour disputes, supply shortages, or any other cause that could not have been foreseen or reasonably avoided.

In the event of a Force Majeure situation, AV Xpert will notify the Client as soon as reasonably possible and will make reasonable efforts to resume performance of its obligations as soon as the situation allows. If the Force Majeure event continues for an extended period, both parties will have the right to terminate the agreement without liability, except for obligations that have already been performed. Any deposit payments made prior to the Force Majeure event will remain non-refundable.

15. Waiver

No waiver of any provision of this agreement shall be deemed a waiver of any other provision, and no waiver shall be effective unless it is in writing and signed by both parties.

Failure or delay by AV Xpert to enforce any part of this agreement or exercise any right or remedy under this agreement shall not constitute a waiver of such right or remedy, and any waiver, if given, shall not be deemed to be a continuing waiver, nor shall it operate as a waiver of any subsequent breach of the same or any other provision of this agreement.