Terms & Conditions for Cosstec IT Solutions

1. Definitions and Interpretation

1.1 “Client” means the person or organization who purchases or agrees to purchase services from Cosstec IT Solutions.

1.2 “Company” means Cosstec IT Solutions, a registered IT Support / MSP company based in North London.

1.3 “Services” means any IT support, consultancy, managed services or other IT-related services provided by the Company to the Client.

1.4 “Terms and Conditions” means these terms and conditions for the provision of Services by the Company.

2. Application of Terms and Conditions

2.1 These Terms and Conditions shall apply to all Services provided by the Company to the Client and shall supersede any previous agreements or representations, whether written or oral.

2.2 Any variation to these Terms and Conditions shall only be valid if agreed in writing by both the Company and the Client.

3. Provision of Services

3.1 The Company shall provide the Services as specified in the agreed Service Proposal, Service Level Agreement, or other written agreement between the Company and the Client.

3.2 The Company shall use reasonable endeavours to provide the Services in accordance with the agreed schedule, but the Client acknowledges that the Services may be subject to change due to circumstances beyond the Company’s control.

4. Client Obligations

4.1 The Client shall provide the Company with all necessary access, information, and materials required to enable the Company to perform the Services.

4.2 The Client shall be responsible for maintaining appropriate backups of its data and software.

4.3 The Client shall comply with all applicable laws, regulations, and licensing requirements in connection with the use of the Services.

5. Charges and Payment

5.1 The Client shall pay the Company the charges for the Services as agreed in the Service Proposal, Service Level Agreement, or other written agreement between the Company and the Client.

5.2 Payment for the Services shall be due within 30 days of the date of the Company’s invoice, unless otherwise agreed in writing.

5.3 The Company reserves the right to charge interest on overdue invoices at the rate of 4% per annum above the Bank of England base rate.

6. Termination

6.1 Either party may terminate the provision of Services by giving the other party not less than 30 days’ written notice.

6.2 The Company may terminate the provision of Services immediately if the Client fails to make payment in accordance with these Terms and Conditions or is in material breach of any other term of these Terms and Conditions.

7. Liability and Indemnity

7.1 The Company’s total liability to the Client in respect of any claim arising out of or in connection with the provision of Services shall be limited to the total amount paid by the Client to the Company for the Services giving rise to the claim.

7.2 The Company shall not be liable for any indirect, consequential, or special losses or damages, loss of profits, loss of data, or business interruption, whether arising in contract, tort, or otherwise.

7.3 The Client shall indemnify the Company against all claims, costs, damages, and expenses arising from any breach of these Terms and Conditions by the Client or any negligence, wilful misconduct, or infringement of intellectual property rights by the Client.

8. Force Majeure

The Company shall not be liable for any failure to perform or delay in performing its obligations under these Terms and Conditions if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, or natural disasters.

9. Confidentiality and Data Protection

9.1 Both the Company and the Client shall keep confidential any information relating to the other party’s business or affairs which is disclosed to them in connection with the provision of Services, except to the extent that such information is already in the public domain or is required to be disclosed by law.

9.2 The Company and the Client shall each comply with all applicable data protection laws and regulations, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, in relation to the processing of personal data in connection with the provision of Services.

10. Intellectual Property Rights

10.1 All intellectual property rights in any materials, software, or other deliverables provided by the Company to the Client in connection with the provision of Services shall remain the property of the Company or its licensors.

10.2 The Company grants the Client a non-exclusive, non-transferable, royalty-free license to use such materials, software, or other deliverables solely for the purpose of receiving and using the Services in accordance with these Terms and Conditions.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

11.2 Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Notices

All notices or other communications required or permitted under these Terms and Conditions shall be in writing and delivered by hand, sent by first-class post, or sent by email to the addresses specified by the parties in the Service Proposal, Service Level Agreement, or other written agreement between the Company and the Client.

13. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

14. Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

15. Entire Agreement

These Terms and Conditions, together with any Service Proposal, Service Level Agreement, or other written agreement between the Company and the Client, constitute the entire agreement between the parties relating to the provision of Services by the Company to the Client and supersede all prior discussions, negotiations, or representations, whether written or oral, relating to the subject matter hereof. No amendment or modification of these Terms and Conditions shall be valid unless in writing and signed by both parties.