Our Contact Details :
JMS LONDON SERVICES LTD (12190036)
160 City Road,
London, EC1V 2NX
+(44) 07440046406, is responsible for the processing of personal data as shown in this privacy statement.
1.0 ‘JMS Services’
the person named on a document, quotation or invoice who buys or agrees to buy Goods or Services from the JMSServices
the terms and conditions set out in this document and any special terms and conditions agreed in writing by JMSServices
a consumer as defined by the Unfair Contract Terms Act 1977 S.12
the articles (if any) specified on a document, quotation or invoice which the Buyer agrees to buy from JMSServices
All Goods other than Software
Performance of services and delivery of goods
1.7 ‘Date of Delivery’
This will be agreed on based on a per contract basis which will be signed by the client and JMSServices. the date or dates specificed on a document, quotation or invoice when servcies are to be delivered.
The price specified on a document, quotation or invoice for Services and Goods together with insurance and VAT at the prevailing rate on the date of the invoice
The services specified on a document, quotation or invoice which JMSServices agrees to perform for the Buyer including delivery and installation of Goods
Computer programmes being System or Application programmes
All orders for Services and Goods shall be subject to these Conditions whether or not specified on a document, quotation or invoicE
These conditions shall apply to the exclusion of all other terms and conditions which the Buyer may purport to apply under any order confirmation or similar document
Performance shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions
Any variation of these Conditions shall be inapplicable (unless agreed in writing by JMSServices)
Acceptance of any order from the Buyer must be signed by an authorised representative of the Buyer using manual or electronic methods as instructed by JMSServices. Orders for Goods are accepted subject to availability
Payment of the price :
Payment of the Price shall be due as follows:
On placement of order in respect of any Hardware, Software, development and design within 7 days of the date of the invoice up to the value of the agreed account credit limit in respect of Services unless otherwise stated, please note once past 7 days a 10% late fee charge will apply.
Non Account Holders: For Goods on placement of any order and for Services on completion of performance
Time for payment shall be of the essence. Interest on overdue invoices shall accrue from the date payment was due from day to day until the date of payment at the High Court judgement debt rate from time to time in force and shall accrue at such rate after as well as before any judgement (together with an administration charge of £25.00 per invoice and all other costs incurred as a result of such invoices being overdue)
Quantity and description of Services and Goods :
The quantity and description of the Services and Goods shall be as set out in JMSServices’s quotation. JMSServices reserve the right to make minor variations to any specification provided that such specification shall not affect suitability for the Buyer’s purpose insofar as the same is apparent or has been notified to JMSServices in writing.
Warranties and Liabilities :
Subject to 4. above JMSServices warrants that Services and Goods will at the time of Performance correspond to the description given by JMSServices. Except where the Buyer is dealing as a Consumer and as otherwise provided herein all other warranties conditions or terms relating to quality fitness for purpose merchantability or condition of Services and Goods and whether implied by statute common law or otherwise are excluded in so far as such exclusion shall be reasonable
Performance of Services:
JMSServices will use its reasonable endeavours to effect Performance at the address stipulated by the Buyer on the Performance Date (which will be delayed by the period of any delay by the Buyer in supplying a written order or confirming any technical details required). The Buyer shall make all arrangements necessary to enable Performance. JMSServices will notify the Buyer of any expected delay
Delivery of Goods :
All dates and times for Performance given by JMSServices are estimates and reasonable delay shall not entitle the Buyer to cancel an order
JMSServices may make split deliveries. All costs resulting from delays and split deliveries requested by the Buyer will be charged to the Buyer
Any delays due to the buyers response could potentially delay the timeline set and could be entitled to an additional charge based on the situation of the project and other projects present with JMSServices we set strict timelines.
Acceptance of Goods and Services :
Notwithstanding any earlier acceptance otherwise under this contract or implied by law the Buyer shall be deemed to have accepted Services and Goods concerned at the end of seven days following completion of Performance in respect of those Services and Goods and to have satisfied himself as to their quality and fitness for purpose (“Acceptance”). After Acceptance the Buyer shall not be entitled to reject Services or Goods accepted.
The Buyer must give JMSServices notice of any non-acceptance of Goods or Services or intention to return Goods in writing by letter, telex or facsimile. Such notice should set out detailed reasons for the non-acceptance. Goods returned by the Buyer are received by JMSServices without prejudice to JMSServices’s full rights.
The Buyer must give JMSServices a minimum of two business hours notice of cancellation of a chargeable appointment by telephone and confirmed in writing by facsimile or email, or a minimum fee of one hour being the normal ‘first’ hour’s charge will be levied
Returns Procedure: Before returning any Goods to JMSServices the Buyer shall obtain from JMSServices a designated return label and authority which will contain an identification number and which shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a return label shall not be taken as an admission of any fault or liability whatsoever on the part of JMSServices in relation to the Goods being returned. No Goods shall be returned without JMSServices’s prior approval
JMSServices reserves the right to charge an administration fee on cancellation on contractual agreements for Internet Service Provision or any such related service. That administration fee will include transfer of a domain name or hosting services to an alternative vendor. That fee will be charged at a rate of £25 per domain name
Domain Name, or any other Agreement may be terminated by the Account Holder on giving notice in writing to JMSServices of at least 60 days, for which no refund will be available
Liability for Services :
Goods shall be at the Buyer’s risk from delivery or collection (whichever is the sooner). In spite of delivery having been made title in goods shall not pass to the Buyer until the Buyer shall have paid the Price in full together with any interest and costs thereon. Until such time as title in Goods has passed the Buyer shall store the goods so as to identify them as the property of JMSServices and keep them free from charges. JMSServices shall be entitled to enter upon any premises owned occupied or controlled by the Buyer and repossess such Goods and the Buyer shall lend all reasonable assistance thereto.
Liability for Goods :
JMSServices will pass on to the Buyer all unexpired warranties it receives from the Manufacturer(s). JMSServices shall have no further liability for Goods supplied new and covered by a manufacturer’s warranty. In the event of equipment failure or other defects before Acceptance of other Goods caused by JMSServices’s negligence or breach of contract JMSServices will repair or replace them or at its absolute discretion accept back such Goods and refund the part of the Price relating to them in full. Failing notification by the working day following the day of such failure or other defect JMSServices shall have no liability therefore. JMSServices warrants that Goods are fit for such purposes as have been notified in writing by the Buyer to JMSServices.
Remedies of Buyer :
Where the Buyer validly rejects any Services or Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Services or Goods or the failure by JMSServices to supply Services or Goods which conform to this contract. Where the Buyer has accepted or has been deemed to have accepted any Services or Goods then JMSServices shall have no liability whatever to the Buyer for late Performance of such Services or short delivery of such Goods. JMSServices shall not be liable to the Buyer for late Performance or late or short delivery of Goods unless wholly caused by JMSServices’s own negligence or breach of contract. The amount of any liability shall be limited to a refund of the Price provided that the Goods shall be returned before any such refund.
In the event that the Buyer goes into liquidation makes any voluntary arrangement with its creditors becomes subject to an administration order ceases or threatens to cease to carry on business or if the Buyer should fail to pay sums due to JMSServices accordance with these Terms and Conditions, JMSServices shall be entitled to cancel all further deliveries until such payment is made in full.
Frustration of Contract :
In the event of this Contract being discharged by frustration if further performance of it is or becomes illegal contrary to manufacturer’s conditions of sale or otherwise impossible for JMSServices to perform JMSServices will not be liable for any loss thereby occasioned.
This contract does not affect the statutory rights of Buyers acting as Consumers and these conditions shall be read accordingly mutatis mutandis
Each of the provisions of this contract are entirely separate and severable.
Proper Law of Contract :
This contract is subject to the law of England and Wales.