PaaS Terms & Conditions
The legal bit
Print as a Service – T&C’S
1. Definitions
1.1 “Datasharp” means Datasharp Independent Solutions Limited, any associated company and/or any subsidiary; “the Customer” means the person, partnership, corporate body or unincorporated association named overleaf entering into this agreement; “Commencement Date” means the date on which this plan commences as set out overleaf; “Consumables” means colour and black toner, drum, developer, fuser kits and maintenance kits; “the Equipment” means the machine(s) listed in the Equipment Schedule to this agreement; “Parts” means parts used in conjunction with the maintenance of the device as recommended by the manufacturer; “Meter Charges” means the charge for servicing, repairs and maintenance of parts in respect of the equipment but shall exclude the cost of paper and staples.
2. Basis of Plan
2.1 Datasharp will retain title to all equipment supplied under this plan.
2.2 The Customer shall keep the equipment maintained in good repair and they are responsible for all loss or damage to the equipment (except fair wear & tear) even if caused by acts or events outside the Customers control.
2.3 The Customer shall ensure that the Equipment is continuously insured under a full comprehensive policy of insurance and, if requested, provide satisfactory evidence of such insurance to Datasharp.
2.2 Datasharp shall carry out routine periodic servicing of the Equipment between the hours of 8.30am and 5.30pm Monday to Friday, except Public and Bank Holidays, and any non-routine maintenance or repairs as required in accordance with clause 7 below.
2.3 Datasharp shall provide, up to 1 hours training upon optional chargeable installation of the equipment.
2.4 Datasharp shall delivery of equipment free of charge to the address in the UK specified by the Customer.
3. Commencement and Duration of Agreement
3.1 This agreement shall commence on the date of signature of acceptance by Datasharp Independent Solutions Ltd and shall continue subject to the provisions for termination below for a minimum period of 18 months for the print only device and 24 months for the MFD devices.
3.2 Changing plan levels. The customer has the right to change their plans levels (up or down) annually at the anniversary of the start of the agreement providing that 60 days noticed has been given of the change.
4. Payments
4.1 Payment of the monthly plan subscription will be taken by direct debit monthly in advance.
4.2 Any excess prints taken over the agreed monthly plan volume will be charged accordingly at the current plan rate:
Starter Plan – colour = 6.9 pence per page / mono = 1 pence per page
Office Plan – colour = 6.5 pence per page / mono = 0.9 pence per page
Pro Plan – colour = 6 pence per page / mono = 0.8 pence per page
Payment will be taken within the direct debit monthly in arrears.
4.3 All devices will need to be connected to our secure Meter and Toner ordering system. Failure to be connected will incur a monthly charge of £5.95 to process invoices and deliveries manually.
5. Supplemental Charges
5.1 Supplemental charges shall be payable by the Customer if Datasharp carries out non-routine repairs referred to in Clause 7.3 and where performance of its obligations are made more difficult or costly by reason of breach of the Customer’s obligations set out herein. 5.2 Datasharp reserve the right to charge for excessive usage of toner over the industry standard level of 5% coverage per colour per page. This will be measured by machine data. Toner over usage will be charged on a pro-rata basis.
5.2 All supplemental charges are payable immediately.
6. Late Payment
6.1 In the event that the Customer fails to make payment on time of any invoice, Datasharp, (without prejudice to its other rights and remedies), may without being in breach to the Customer, suspend the performance of its obligations set out herein until such time as the overdue sum is paid in full.
7. Non-Routine Repair and Maintenance
7.1 Upon any fault occurring to the Equipment or if the Equipment becomes a health and safety hazard:
7.1.1 the Customer shall notify Datasharp as soon as possible and take such steps as are reasonably necessary to mitigate the effect of such fault or hazard; and
7.1.2 subject to Clauses 7.2 and 7.3 below, Datasharp will, repair a fault with the equipment within 8 hours of receiving a service call and will take all proper steps to correct the fault at its own cost by repairing or, at its option, replacing all or part of the Equipment.
7.2 No supplementary charge shall be payable for the provision of non-routine repairs of faults required as a result of a malfunction or component failure subject to Clause 7.3 below.
7.3 A supplementary charge shall be payable for repair of any faults resulting from misuse, vandalism, excess usage, incorrect environmental conditions (including incorrect temperature levels), mains electrical surges or failures or any other accidental, negligent or wilful damage, this also includes the use of poor quality paper.
8. The Customer’s Obligations
8.1 The Customer hereby agrees with Datasharp as follows:
8.1.1 to allow Datasharp and its agent’s full, convenient and safe access to the Equipment during such hours as may be necessary to perform its obligations hereunder;
8.1.2 not to interfere with the Equipment (including attempting to repair, adjust or modify the Equipment) or remove any registration or other identifying marks from the Equipment;
8.1.3 to use the Equipment only for the purpose for which it is intended and not use it contrary to the manufacturer’s design expectations; 8.1.4 not to connect the Equipment (other than with Datasharp’s prior written consent) to any other equipment;
8.1.5 to promptly carry out such action in relation to the Equipment as may from time to time be advised by Datasharp;
8.1.6 to notify Datasharp immediately of any loss of, or damage to, the Equipment;
8.1.7 to only use Parts and Consumables, supplied by Datasharp and/or any third party authorised by Datasharp, in the Equipment; and 8.2 The Customer agrees that if the Equipment is damaged through accident, misuse, neglect, the use of unsuitable paper and/or materials it will pay for the cost of repair at the then current chargeable rates.
8.3 The Customer agrees not to transfer this agreement without the prior express written consent of Datasharp.
9. Termination
9.1 If the Customer breaches any term of this plan, or commits any act of bankruptcy or goes into liquidation, or enters into any arrangement or composition with its creditors or if a receiver is appointed over the whole or any part of its business or assets then, without prejudice to its other rights or remedies, Datasharp may terminate this plan on or after the date specified in any notice.
9.2 Upon termination of the plan, the Customer shall, without prejudice to Datasharp’s other rights and remedies, pay to Datasharp on demand all arrears, interest and any other sums payable under this plan to the date of termination; and
9.2.1 the provision of the services by Datasharp shall cease forthwith; and
9.2.2 the Customer shall allow immediate access to Datasharp to its premises to collect the Equipment.
9.3 Persistent late payment of invoices by the Customer shall be deemed to be a breach of this agreement.
9.4 The Customer may terminate this agreement before the end of the minimum contract period, specified in clause 9.6, by providing 90 days written notice, returning the equipment to Datasharp and paying a sum equivalent to that specified in clause 9.5
9.5 Upon early termination by the Customer during the minimum contract period, specified in clause 9.6, or during any extension to the term, as stated in clause 9.7, the Customer shall pay to Datasharp a sum equivalent to the aggregated sum of all future instalments due until the end of the minimum contract period or extended contract period.
9.6 The Plan shall continue for a minimum period of 24 months and termination shall be subject to 90 days written notice.
9.7 At the end of the minimum plan period, unless written notice has been received by the Customer, in accordance with clause 9.4, the minimum plan period will automatically be renewed for a further 12 months up to a maximum of 48 months since the start of the plan.
10. Liability
10.1 Datasharp does not exclude or limit liability for death or personal injury but, subject to this, its liability to the Customer in contract, tort or otherwise for any damage, loss, or expense shall be as follows:
10.1.1 Datasharp’s liability for loss or damage to buildings and fixtures and fittings caused by an act or omission of Datasharp, its agents or servants, shall not exceed £1,000,000.
10.1.2 Datasharp’s liability for all other damage suffered by the Customer in any 12 month period and caused by an act or omission of Datasharp, its agents or servants, shall not exceed the sum actually paid by the Customer to Datasharp during that 12 month period.
10.1.3 the Customer agrees that Datasharp shall not be liable for any loss of profits, nor shall it be liable for any indirect, consequential or special loss or damage howsoever caused and arising from the Customer’s use or possession of the Equipment or benefit from the services provided by Datasharp; and
10.1.4 Datasharp shall not be liable for any delay or failure to comply with its obligations where the failure is caused by fire, flood, inclement weather, strikes, industrial action or any other reason or circumstances beyond its reasonable control.
10.2 Without prejudice to Datasharp’s other rights and remedies, the Customer shall indemnify Datasharp against all or any of the following:
10.2.1 any loss, damage or expense which Datasharp suffers as a result of a third party claim arising out of the customers own negligence or breach of agreement, except as a result of a breach by Datasharp of its obligations under this agreement; and
10.2.2 all costs and expenses (including legal costs on a full indemnity basis) incurred by Datasharp in enforcing any of the terms of this Agreement.
11. General
11.1 The person who signs this agreement on behalf of the Customer warrants that they have the authority to do so and to bind the Customer to the terms of this Agreement.
11.2 Any notice or other information shall be deemed to have been validly given if served personally upon any party or if sent by 1st class post to the address of any party as stated overleaf or to its last known address and shall be deemed to have been received by the other party within 48 hours after the date of posting.
11.3 All amounts due under this agreement are (unless otherwise stated) subject to the addition of VAT at the prevailing rate which shall be additionally payable by the Customer.
11.4 This Agreement contains the entire agreement between the parties. If any part of it shall, for any reason, be found or held invalid or unenforceable, this shall not affect the remainder of its terms which shall survive and be construed as if the invalid or unenforceable part had not been contained therein.
11.5 Any failure by Datasharp to enforce any provision of this agreement shall not constitute a waiver and/or acceptance of any breach of such provision or prejudice in any way any right of Datasharp under this agreement.
11.6 A person who is not a party to this agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this agreement.
11.7 The agreement shall be governed by English law and the English and Welsh Courts shall have exclusive jurisdiction in relation to any disputes arising out of it.
1.1 “Datasharp” means Datasharp Independent Solutions Limited, any associated company and/or any subsidiary; “the Customer” means the person, partnership, corporate body or unincorporated association named overleaf entering into this agreement; “Commencement Date” means the date on which this plan commences as set out overleaf; “Consumables” means colour and black toner, drum, developer, fuser kits and maintenance kits; “the Equipment” means the machine(s) listed in the Equipment Schedule to this agreement; “Parts” means parts used in conjunction with the maintenance of the device as recommended by the manufacturer; “Meter Charges” means the charge for servicing, repairs and maintenance of parts in respect of the equipment but shall exclude the cost of paper and staples.
2. Basis of Plan
2.1 Datasharp will retain title to all equipment supplied under this plan.
2.2 The Customer shall keep the equipment maintained in good repair and they are responsible for all loss or damage to the equipment (except fair wear & tear) even if caused by acts or events outside the Customers control.
2.3 The Customer shall ensure that the Equipment is continuously insured under a full comprehensive policy of insurance and, if requested, provide satisfactory evidence of such insurance to Datasharp.
2.2 Datasharp shall carry out routine periodic servicing of the Equipment between the hours of 8.30am and 5.30pm Monday to Friday, except Public and Bank Holidays, and any non-routine maintenance or repairs as required in accordance with clause 7 below.
2.3 Datasharp shall provide, up to 1 hours training upon optional chargeable installation of the equipment.
2.4 Datasharp shall delivery of equipment free of charge to the address in the UK specified by the Customer.
3. Commencement and Duration of Agreement
3.1 This agreement shall commence on the date of signature of acceptance by Datasharp Independent Solutions Ltd and shall continue subject to the provisions for termination below for a minimum period of 18 months for the print only device and 24 months for the MFD devices.
3.2 Changing plan levels. The customer has the right to change their plans levels (up or down) annually at the anniversary of the start of the agreement providing that 60 days noticed has been given of the change.
4. Payments
4.1 Payment of the monthly plan subscription will be taken by direct debit monthly in advance.
4.2 Any excess prints taken over the agreed monthly plan volume will be charged accordingly at the current plan rate:
Starter Plan – colour = 6.9 pence per page / mono = 1 pence per page
Office Plan – colour = 6.5 pence per page / mono = 0.9 pence per page
Pro Plan – colour = 6 pence per page / mono = 0.8 pence per page
Payment will be taken within the direct debit monthly in arrears.
4.3 All devices will need to be connected to our secure Meter and Toner ordering system. Failure to be connected will incur a monthly charge of £5.95 to process invoices and deliveries manually.
5. Supplemental Charges
5.1 Supplemental charges shall be payable by the Customer if Datasharp carries out non-routine repairs referred to in Clause 7.3 and where performance of its obligations are made more difficult or costly by reason of breach of the Customer’s obligations set out herein. 5.2 Datasharp reserve the right to charge for excessive usage of toner over the industry standard level of 5% coverage per colour per page. This will be measured by machine data. Toner over usage will be charged on a pro-rata basis.
5.2 All supplemental charges are payable immediately.
6. Late Payment
6.1 In the event that the Customer fails to make payment on time of any invoice, Datasharp, (without prejudice to its other rights and remedies), may without being in breach to the Customer, suspend the performance of its obligations set out herein until such time as the overdue sum is paid in full.
7. Non-Routine Repair and Maintenance
7.1 Upon any fault occurring to the Equipment or if the Equipment becomes a health and safety hazard:
7.1.1 the Customer shall notify Datasharp as soon as possible and take such steps as are reasonably necessary to mitigate the effect of such fault or hazard; and
7.1.2 subject to Clauses 7.2 and 7.3 below, Datasharp will, repair a fault with the equipment within 8 hours of receiving a service call and will take all proper steps to correct the fault at its own cost by repairing or, at its option, replacing all or part of the Equipment.
7.2 No supplementary charge shall be payable for the provision of non-routine repairs of faults required as a result of a malfunction or component failure subject to Clause 7.3 below.
7.3 A supplementary charge shall be payable for repair of any faults resulting from misuse, vandalism, excess usage, incorrect environmental conditions (including incorrect temperature levels), mains electrical surges or failures or any other accidental, negligent or wilful damage, this also includes the use of poor quality paper.
8. The Customer’s Obligations
8.1 The Customer hereby agrees with Datasharp as follows:
8.1.1 to allow Datasharp and its agent’s full, convenient and safe access to the Equipment during such hours as may be necessary to perform its obligations hereunder;
8.1.2 not to interfere with the Equipment (including attempting to repair, adjust or modify the Equipment) or remove any registration or other identifying marks from the Equipment;
8.1.3 to use the Equipment only for the purpose for which it is intended and not use it contrary to the manufacturer’s design expectations; 8.1.4 not to connect the Equipment (other than with Datasharp’s prior written consent) to any other equipment;
8.1.5 to promptly carry out such action in relation to the Equipment as may from time to time be advised by Datasharp;
8.1.6 to notify Datasharp immediately of any loss of, or damage to, the Equipment;
8.1.7 to only use Parts and Consumables, supplied by Datasharp and/or any third party authorised by Datasharp, in the Equipment; and 8.2 The Customer agrees that if the Equipment is damaged through accident, misuse, neglect, the use of unsuitable paper and/or materials it will pay for the cost of repair at the then current chargeable rates.
8.3 The Customer agrees not to transfer this agreement without the prior express written consent of Datasharp.
9. Termination
9.1 If the Customer breaches any term of this plan, or commits any act of bankruptcy or goes into liquidation, or enters into any arrangement or composition with its creditors or if a receiver is appointed over the whole or any part of its business or assets then, without prejudice to its other rights or remedies, Datasharp may terminate this plan on or after the date specified in any notice.
9.2 Upon termination of the plan, the Customer shall, without prejudice to Datasharp’s other rights and remedies, pay to Datasharp on demand all arrears, interest and any other sums payable under this plan to the date of termination; and
9.2.1 the provision of the services by Datasharp shall cease forthwith; and
9.2.2 the Customer shall allow immediate access to Datasharp to its premises to collect the Equipment.
9.3 Persistent late payment of invoices by the Customer shall be deemed to be a breach of this agreement.
9.4 The Customer may terminate this agreement before the end of the minimum contract period, specified in clause 9.6, by providing 90 days written notice, returning the equipment to Datasharp and paying a sum equivalent to that specified in clause 9.5
9.5 Upon early termination by the Customer during the minimum contract period, specified in clause 9.6, or during any extension to the term, as stated in clause 9.7, the Customer shall pay to Datasharp a sum equivalent to the aggregated sum of all future instalments due until the end of the minimum contract period or extended contract period.
9.6 The Plan shall continue for a minimum period of 24 months and termination shall be subject to 90 days written notice.
9.7 At the end of the minimum plan period, unless written notice has been received by the Customer, in accordance with clause 9.4, the minimum plan period will automatically be renewed for a further 12 months up to a maximum of 48 months since the start of the plan.
10. Liability
10.1 Datasharp does not exclude or limit liability for death or personal injury but, subject to this, its liability to the Customer in contract, tort or otherwise for any damage, loss, or expense shall be as follows:
10.1.1 Datasharp’s liability for loss or damage to buildings and fixtures and fittings caused by an act or omission of Datasharp, its agents or servants, shall not exceed £1,000,000.
10.1.2 Datasharp’s liability for all other damage suffered by the Customer in any 12 month period and caused by an act or omission of Datasharp, its agents or servants, shall not exceed the sum actually paid by the Customer to Datasharp during that 12 month period.
10.1.3 the Customer agrees that Datasharp shall not be liable for any loss of profits, nor shall it be liable for any indirect, consequential or special loss or damage howsoever caused and arising from the Customer’s use or possession of the Equipment or benefit from the services provided by Datasharp; and
10.1.4 Datasharp shall not be liable for any delay or failure to comply with its obligations where the failure is caused by fire, flood, inclement weather, strikes, industrial action or any other reason or circumstances beyond its reasonable control.
10.2 Without prejudice to Datasharp’s other rights and remedies, the Customer shall indemnify Datasharp against all or any of the following:
10.2.1 any loss, damage or expense which Datasharp suffers as a result of a third party claim arising out of the customers own negligence or breach of agreement, except as a result of a breach by Datasharp of its obligations under this agreement; and
10.2.2 all costs and expenses (including legal costs on a full indemnity basis) incurred by Datasharp in enforcing any of the terms of this Agreement.
11. General
11.1 The person who signs this agreement on behalf of the Customer warrants that they have the authority to do so and to bind the Customer to the terms of this Agreement.
11.2 Any notice or other information shall be deemed to have been validly given if served personally upon any party or if sent by 1st class post to the address of any party as stated overleaf or to its last known address and shall be deemed to have been received by the other party within 48 hours after the date of posting.
11.3 All amounts due under this agreement are (unless otherwise stated) subject to the addition of VAT at the prevailing rate which shall be additionally payable by the Customer.
11.4 This Agreement contains the entire agreement between the parties. If any part of it shall, for any reason, be found or held invalid or unenforceable, this shall not affect the remainder of its terms which shall survive and be construed as if the invalid or unenforceable part had not been contained therein.
11.5 Any failure by Datasharp to enforce any provision of this agreement shall not constitute a waiver and/or acceptance of any breach of such provision or prejudice in any way any right of Datasharp under this agreement.
11.6 A person who is not a party to this agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this agreement.
11.7 The agreement shall be governed by English law and the English and Welsh Courts shall have exclusive jurisdiction in relation to any disputes arising out of it.