Terms And Conditions
Tornado Client Hosting Terms
Please take the time to read this document carefully.
We like to think that we at Tornado are friendly and easy to work with, but it is always important to understand what we expect from you as our client and what you should expect from us.
If you have any questions at all, please contact us and we will be pleased to help.
Definitions
Company Name: Tornado Recycling Ltd
Registered Office: 2 Majors Fold, The Staits, Dudley, DY3 3AG
Company Number: 08345797. Registered in England.
VAT Registration: 160895585
Telephone: 01902 590458
Email: spencer@tornadorecycling.co.uk
Website: www.tornadorecycling.co.uk
For the purpose of this agreement:
A 'client' is a person, persons, business or organisation using any of the services provided by Tornado (Tornado Recycling Ltd).
'Hosting' is a yearly service to keep the client's data within the Tornado system available online.
General
The contract between Tornado and the client will be on these conditions, to the exclusion of all other terms and conditions. This agreement is not intended to benefit, or be enforceable by, any other person.
This agreement becomes effective once the client has agreed to these terms and conditions via an email acknowledgement and once either the full payment or deposit payment has been received.
The client agrees that for purposes of venue, this agreement was entered into in the UK and any dispute will be litigated or arbitrated in the UK.
Tornado is VAT registered and all sums discussed with the client will have VAT added accordingly at the prevailing rate.
Any variations to these conditions shall have no effect unless agreed in writing.
Both Tornado and the client should take care to protect the interests and property of the other party.
Our Hours of Work & Conduct
The staff at Tornado will always endeavour to make themselves available as much as possible to answer client emails and telephone calls.
Our office hours are 9am – 5pm Monday to Friday.
Tornado will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct.
Support and Ongoing Maintenance
Support will be provided by Tornado during our normal working hours and will be provided via email or over the phone.
If a visit to the client's premises is necessary then additional fees may be charged to the client for mileage and time on site.
An out-of-hours support agreement and/or service level agreement (SLA) can be put in place by arrangement, and may be separately chargeable. The client is responsible for ensuring that their business-critical processes are adequately supported.
All amendments to the Tornado system will be quoted for by Tornado and agreed upon with the client before any work is carried out. The client is responsible for providing Tornado with a Purchase Order for any amendment if necessary.
Additional web-related third-party services are not included unless explicitly stated. Tornado will consult and provide advice and the client will be responsible for any third-party costs incurred.
Browser Compatibility
The Tornado system is designed to be compliant with the current versions of Chrome, Firefox and Internet Explorer v10+.
Tornado strongly recommend that all customers upgrade to the latest version of their preferred browser to avoid any security issues and to benefit from rapidly progressing web standards.
Invoices & Payments
Invoices will be emailed to the client and are to be paid within 5 working days of the due date. Our standard payment terms are 14 days from the date of the invoice, unless agreed in a separate document.
We reserve the right to charge interest at a rate of 8% above the Bank of England base rate for late payment, as stated under the Late Payments Act 1998.
Tornado reserves the right to suspend the client’s access to the Tornado system, and any other services, until an outstanding invoice is paid in full.
If case collection proves necessary, the client agrees to pay all fees incurred by that process.
Hosting Service
Tornado will endeavour to provide a reliable and professional hosting service to the client, but do not guarantee that the project will be available at all times,especially in the event of a technical failure beyond our control.
Tornado will not be held responsible for any consequential damages due to the use of or inability to use the Tornado system.
The hosting charges will begin in the month that the Tornado system is made available to the client to begin using.
The ongoing hosting costs will be reassessed at regular intervals and advance notice of one calendar month will be given of any change to the hosting cost. Where hosting has been paid for in-advance, the new charge will start at the end of the paid-for period.
Renewal
The contract between Tornado and the client will automatically renew on a 12 month rolling basis.
Termination
This agreement may be terminated by either party at any time after a notice period of not less than three months, and must be provided in writing. If not received in writing the full 12 month fee will be charged and recovered.
Tornado will remove the client's data from the Tornado system and discontinue any other
services subscribed to by the client.
Where appropriate, the control of the domain name(s) will be given back to the client.
Tornado reserves the right to cancel or postpone amends to the Tornado system where unforeseen intervening events prevent its completion.
Tornado reserves the right to refuse, cancel, or suspend services at our sole discretion.
Work on the client's Premises
Where work is carried out on the client's premises every effort must be made to inform Tornado of any health and safety procedures for the premises; including action to be taken in the event of a fire.
Where work involves using the client's resources (for example computers and office equipment) Tornado will specify what is required when providing a quotation. The client will ensure that these items are available throughout the time agreed for work to be carried out. The client will also ensure that they are in proper working order and safe to use.
Computer Security and Records
Where work involves use of the client's computer equipment suitable back up records should be maintained and appropriate virus protection should be in place. Although all reasonable care will be taken to protect your equipment Tornado cannot be held responsible for any loss or damage caused as a result of the client's failure to comply with this requirement.
Tornado reserves the right to refuse to use equipment if the client cannot show that suitable protection and backups are in place.
Insurance
Tornado holds Public Liability and Professional Indemnity insurance (details of which are available on request).
The client should, however, have their own insurance cover where this is required by law or to protect their business and assets. Tornado cannot be held responsible for any loss due to the failure to arrange insurance or to ensure that it is adequate.
Data Protection
The client must comply with the Data Protection Act 1988 by protecting against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
The Tornado system allows the processing of personal data securely, including appropriate data access controls, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
The client takes full responsibility for the use of the Tornado system to ensure it complies with the Data Protection Act 1988.
The ongoing support and hosting service provided by Tornado will include appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
For more information see www.dataprotection.gov.uk
Warranty
Both the client and Tornado warrants to the other that it has full power and authority to enter into and perform this agreement.
Tornado shall create the project and provide other services with reasonable care and skill.
Tornado warrants that the Tornado system will perform substantially in accordance with the initial proposal.
This agreement sets out the full extent of Tornado’s obligations and liabilities in respect of the supply of the Tornado system. All conditions, warranties or other terms concerning the Tornado system which might otherwise be implied into this agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
Limitation of Liability
The project, including source code and operational programs, and other Tornado services are provided 'as is' and no guarantee is made to its suitability or fitness for any purpose.
Nothing in this agreement shall operate to exclude or limit the Supplier’s liability for: death or personal injury caused by its negligence; or any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or fraud; or any other liability which cannot be excluded or limited under applicable law.
Tornado shall not be liable to the client for any damage to software, damage to or loss of data, loss of profit,anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Legal Disputes
If the client intimates that they are entering into legal action against Tornado, their account will be suspended until the legal dispute has been resolved. This may include, but not limited by, all hosting and email services being stopped.
Changes to these Terms and Conditions
Tornado reserves the right to change or amend these Terms of Service at any time without prior notice.