Gain Time IT Terms & Conditions

Date Updated: Oct 2009

1.  Definitions
Within this document the following terms are used:
   ‘we’   and  ‘ours’   refers to Gain Time IT
   ‘you’   and  ‘your’   refers to the Customer 
   ‘the services’ refers to the services you have contracted us to obtain on your behalf 

2.  Information about Us
Gain Time IT is an IT Consultancy company trading under the name of Edgescale Ltd whose registered office is at Windy Ridge, Summer Cross, Tideswell, Buxton, Derbyshire, SK17 8HU. The company is registered in England and Wales as company number 2915004 and under the Data Protection Act. 

3.  Website Access
3.1 A ccess to www.gaintime.co.uk  is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable for any reason if our site is unavailable. We may also restrict access to some parts of our site to users who have registered with us.
3.2  We process information about you in accordance with our ‘Privacy Policy’. In using our site you consent to us processing your data.
3.3  We will not be liable for any loss or damage due to a denial-of-service attack, viruses or any other harmful material which may infect your computer equipment, data or software due to your use of our site.
3.4  Where our site contains links to other websites provided by third party, we accept no responsibility for these sites or any loss/damage which arises from your use of them.

4.  Membership Conditions
4.1 Unique logon IDs and passwords will be required to access this website and must not be passed onto users other than the registered user for the logon.
4.2 Any user found to be sharing their UID will be notified by email and have their site membership terminated.
4.3 Membership lasts for a period of 6 months from the date of registration and payment of the relevant Fee. Membership may be cancelled at any time by the Member giving notice to Gain Time IT.
4.4  In case of non-payment of any sum due from you or due to any breach or non-observance of any of these Terms and Conditions, Gain Time IT reserves the right to terminate your access to the Site and Services immediately.

5. Workshop Terms & Conditions
5.1 All workshops must be paid for at least one week in advance of the course.
5.2 As the workshops are all held on third party premises using online software services, Gain Time IT cannot guarantee access to these tools during the workshops. In the event that the online tools are not available during the workshop all attendees will be given a refund proportional to the time lost on the workshop.
5.3 Full refunds for workshops will only be provided where at least one week’s notice prior to the event has been provided by the attendee. Gain Time IT may allow attendees to book onto alternative workshops at their discretion.

6. General Terms of Business
6.1 Our office hours are 9am to 5pm, Monday to Friday excluding all bank holidays.
6.2 If we carry out tasks outside of these hours there will be an additional charge agreed with you prior to commencing our tasks.
6.3 Wherever practical, you will be provided with a detailed breakdown of the services requested along with associated costs.
6.4 Our general rates for our services will be agreed with you prior to completion of the work.
6.5 There will be a minimum charge of half day or 3.5 hours for any meetings or work related activities which cannot be carried out within Gain Time IT offices.
6.6  We shall not be held responsible for the security of any communications sent by email/fax/SMS/post from us to you or any suppliers in relation to our tasks.
6.7 We will rely on the written terms within this document to ensure our expectations of each other are clear. If you require any changes, please ask for them to be put in writing by ourselves.
6.8 When services are to be performed at a particular location, you will provide reasonable access to this location to us, our employees, agents and the supplier and it’s employees and agents as required for the services to be performed without hindrance.
6.9 We will not be liable under this agreement for any loss or damage caused by us or our employees or agents where
 i) there is no breach of a legal duty of care owed to you by us or by our employees or
    agents
 ii) the loss or damage was not a reasonably foreseeable result of any such breach
 iii) the loss or damage was caused by you being in breach of the agreement
6.10 We shall not be liable if we are prevented from delivering the services to you by reasons beyond our control. Eg. Strike, transport problems, act of God, lockout, war, riot, civil unrest, malicious damage, fire, flood, storm, accidental breakdown of equipment or machinery and other unexpected circumstances affecting the delivery of services.
6.11 Communication notices provided under the terms of this agreement or in relation to our tasks will be sent by first-class post and shall be deemed as being received by you on the second working day after posting. Fax, email or SMS will be deemed to be received on the day of transmission if sent prior to 5pm r the following working day if sent after 5pm.

7.  Downloading of Documents From Our Website
Any documents downloaded from our website, whether free or paid, are for your personal or business use only. The information within these documents is copyrighted to Gain Time IT and may not be copied, forwarded or sold to any other person or company without our prior agreement.

8.   Intellectual Property Rights
You acknowledge that the ownership of any Intellectual Property Rights in the Site belongs to Gain Time IT. Any part of this Site (including source HTML, other code, RSS feeds, content within emails and downloadable files) may not be used, transferred, copied or reproduced in whole or in part in any manner without the prior written consent of Gain Time IT. You may only display this information on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.

9.  Cancellation Terms & Complaints
9.1  If you are acting as a consumer, under the Distance Selling Regulations 2000, you have a statutory right to cancel any distance contract within 7 days of the date of purchase as long as you have not yet accessed the relevant Services. Accordingly, you may cancel any subscription to purchase Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to any of the Sites or services provided by Gain Time IT) or the end of 7 days from the date of purchase, whichever is shorter. If you are acting as a consumer and validly cancel any contract for Services within this period Gain Time IT shall refund to you the Fees paid for the relevant Services. If you are acting as a consumer and cancel any contract for Services outside this period, the Fees paid by you shall be non-refundable.
9.2 If you are not acting as a consumer (i.e. using the Services in the course of your business), the Distance Selling Regulations 2000 shall not apply but the same cancellation policy as in 9.1 shall apply.

10.  Payment Terms
10.1 Payment of our charges for our tasks shall be payable on presentation of an invoice to you and is payable within 14 days of the invoice date. Interest at 2% over the base rate of Lloyds TSB Bank plc will be charged upon any balance remaining unpaid after 14 days from the invoice date.
10.2 Payment for all workshops is required one week in advance of the workshop.
10.3 Payment for products and services to be downloaded from our website will be due before access to the products/services will be provided.
10.4 We may perform a search into your financial status with a credit reference agency which will keep a record of that search. If you are a company we may make similar enquiries about your directors.

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