Nuwood Technologies Terms & Conditions
Software Disclaimer
Software from Nuwood Technologies Ltd or downloaded from the Nuwood Technologies Ltd web site is provided 'as is' without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement. Without limiting the foregoing, Nuwood Technologies Ltd makes no warranty that:
  • the software will meet your requirements
  • the software will be uninterrupted, timely, secure or error-free
  • the results that may be obtained from the use of the software will be effective, accurate or reliable
  • the quality of the software will meet your expectations
  • any errors in the software obtained from NuWood Technologies Ltd will be corrected.

Software and its documentation made available in any format from NuWood Technologies Ltd: vi. could include technical or other mistakes, inaccuracies or typographical errors. Nuwood Technologies may make changes to the software or documentation made available to its clients. vii. may be out of date and Nuwood Technologies makes no commitment to update such materials. NuWood Technologies Ltd assumes no responsibility for errors or omissions in the software or documentation available from its web site or any other source.

In no event shall NuWood Technologies Ltd be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not NuWood Technologies Ltd has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this software. The use of software provided by Nuwood Technologies or downloaded through the Nuwood web site is done at your own discretion and risk and with agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from Nuwood Technologies or from the NuWood Technologies Ltd web site shall create any warranty for the software.


Standard Terms & Conditions for sale of Goods and supply of Services
1. All hardware will remain the property of NuWood Technologies Ltd until payment is received in full.

2. All external company software purchased through NuWood Technologies Ltd will remain the property of NuWood Technologies Ltd until payment is received in full.

3. All software commissioned from and authored by NuWood Technologies Ltd will remain the property of NuWood Technologies Ltd. Once payment has been received in full, the agreed and/or invoiced number of User Licences will be granted to the purchasing Company.

4. No Warranty is given or implied unless stated on the invoice.

5. It is the responsibility of the customer to determine that the type of goods purchased is fit for the intended use. Any advice given by NuWood Technologies Ltd is given in good faith and may be inaccurate if the customer supplies insufficient or inaccurate information. No disputes will be accepted in respect of verbal communication.

6. NuWood Technologies Ltd shall not be liable for any indirect, special or consequential loss or damage (including without limitation or loss of profits) arising from the use of any product or any breach of warranty.

7. No goods returns will be accepted without prior authorisation from NuWood Technologies Ltd.

8. Refunds for any reason will only be given for goods returned with original packaging, documentation and software in original condition with original receipt. Unsolicited return of goods will be subject to a minimum handling charge of fifteen pounds sterling plus cost of return shipping where appropriate.

9. Where goods are agreed to be dispatched C O D and the goods are not paid for on receipt the purchaser will be liable for the full cost for transport plus the C O D surcharge.

10. NuWood Technologies Ltd does not accept responsibility for the installation and use of any goods unless NuWood Technologies Ltd or its nominated agents perform the installation.

11. NuWood Technologies Ltd does not accept responsibility for the suitability, function or incorrect function of any software products not produced by NuWood Technologies Ltd.

12. The Statements in this document are in addition to your statutory rights and do not diminish those rights in any way.

13. The Warranty:

a. Any given warranty will commence from and include the invoice date or delivery date whichever is the earlier.

b. The Warranty includes the replacement or repair of any part of the equipment hardware covered which has failed due to defects in materials or workmanship during normal working use, excluding batteries and consumables. This excludes failures due to damage which occurs in shipment or failures that result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, modification or damage that is attributable to acts of God. It also excludes damage by viruses for which an additional charge may be made.

c. All Goods have a one year return to base (RTB) warranty unless otherwise stated.

d. NuWood Technologies Ltd has full discretion on whether to repair and/or replace any defective product covered by warranty.

e. Replacement parts mat be fitted to your equipment as part of a warranty repair. In this eventuality both NuWood Technologies Ltd and you agree that legal title to the original parts shall pass from you to NuWood Technologies Ltd, and at the same time legal title for the replacement parts shall pass from NuWood Technologies Ltd to you.

f. In certain circumstances the replacement or repair of a part may necessitate the use of an improved component. There will be no charge for this.

g. In the event that a repair cannot be affected to restore the equipment to working condition, we will offer to purchase it at the then current market value.

h. Any piece of equipment returned should be insured against loss & damage by the customer and ideally packaged in the original packaging. Otherwise, suitable packaging and internal protection for the equipment should be used. If it is not, then it is possible your warranty will be void.

i. NuWood Technologies Ltd will not be held liable for any loss of data from your PC either in transit or whilst on our premises. We earnestly recommend that you have a back-up, by copying all your data before returning equipment.

j. Returned "Faulty" equipment where no fault is found will be subject to a minimum charge of 15% of the value of equipment where a refund is given. Additional charges may apply if the returned equipment is incomplete in any way. In the case where the goods are returned to the customer as requested, the customer will be subject to a minimum charge to cover the cost of return shipping where appropriate.


14. The Customer undertakes:

a. Where the warranty is RTB (return to base) the customer is to pay all costs of shipping to NuWood Technologies Ltd. NuWood Technologies Ltd will pay all costs relating to the return of goods to main land UK only.

b. If the goods purchased were collected in person or by a third party (i.e. no shipping charges were invoiced) you may be charged for the goods to be returned to you in the event of a warranty return.

c. To pay any additional charges including parts and labour charges for repair resulting from damages due to abnormal use.

d. To carry out routine day to day preventative maintenance as may be recommended under the customer operating instructions supplied with the goods or equipment.

e. To ensure that all data is backed-up and protected, as under item 11(h).

f. To ensure that packaging & insurance for return meets the conditions under item 11(h).

15. Formation of a Contract:

a. Any proposal given on or attached to these terms and conditions will only remain valid for a period of 30 days.

b. Acknowledgment and acceptance of this proposal is made by you placing an order within the specified period in paragraph 15.a above, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".

c. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.

d. Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.

16. Force Majeure:

a. We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.

b. For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.

c. Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.

17. Liabilities:

NuWood Technologies Ltd, its servants and/or agents shall not be liable for death, injury, loss or damage whatsoever unless caused by the wilful default of NuWood Technologies Ltd, its servants and/or agents. In any event NuWood Technologies Ltd shall not be liable for any losses, damage or delay whatsoever arising from any cause outside the control of NuWood Technologies Ltd, its servants and/or agents.


Standard Terms & Conditions for Software Support Contract

1. The software Support Service

1.1 General

a) This Agreement is for an initial term of one year from the agreement date. Thereafter this agreement can be renewed annually. This contract can be terminated at any time after the initial term by either party giving ninety days prior written notice, such notice expiring on or before the last day of that contract year, in which event the contract shall terminate on the said last day.

1.2 Support provided by this agreement

a) NuWood Technologies Ltd will make available support services via remote access and onsite support services to the User, as deemed necessary by NuWood Technologies Ltd in order for it to fulfil its obligations under this agreement, during Normal Working Hours as defined within this Agreement.

b) Remedial services will be provided in the first instance via the Online Ticketing system. In the event of the said system being unavailable, then by telephone or email. On-site remedial services will be provided where deemed necessary by NuWood Technologies Ltd, during Normal Working Hours.

1.3 Definition of Normal Working Hours

a) The Normal Working Hours are from 0900 to 1700 hours inclusive each weekday, Monday to Friday excluding Public and National Holidays.

b) NuWood Technologies Ltd operates a policy of a one week shutdown over the Christmas to New Year period.

c) Cover requested outside of normal working hours cannot be guaranteed but if undertaken will be regarded as overtime and will be charged at an additional cost to this agreement at One Hundred Pounds Sterling per hour or part thereof.

d) Response times: - Initial response is within eight working hours. Overall solution time cannot be specified or guaranteed.

1.4 Software replacement or repair

a) Any failure or breakdown of software provided by NuWood Technologies Ltd that occurs during support periods provided by NuWood Technologies Ltd will be diagnosed and appropriate action taken to effect repair or replacement.

b) Any problems caused by third party malfunctioning software, NuWood Technologies Ltd will endeavour to identify and fix. If a fix is not possible we will report the problem to the software manufacturer and affect a third party fix. NuWood Technologies Ltd accepts no liability for possible delays caused by any third party timeframes or processes.

2. Charges and payments

2.1 The Software support is payable annually in advance.

2.2 The User agrees to pay for any Call-out charges or other costs for services not provided under this Agreement as specified in the Schedule and on the current Services rate card.

2.3 Should any charges remain unpaid for 30 or more days from the date of invoice, NuWood Technologies Ltd will be entitled forthwith to withdraw its support service without prejudice to its rights under this Agreement or in respect of any previous breach hereof. If subsequently the charges are paid, NuWood Technologies Ltd may require the IT Infrastructure to be examined and documentation brought up-to-date at the Users expense before support resumes.

2.4 NuWood Technologies Ltd may vary the amount of the annual support at the time of renewal.

2.5 Overtime (hours outside Normal Working Hours) incurred at the Users request, will be charged at NuWood Technologies Ltd then current overtime rates as specified in section 1.3 (b) of this document.

3. Users Obligations

3.1 To operate the hardware and software contained within the Users IT Infrastructure, in accordance with the hardware and software manufacturers manuals or handbooks.

3.2 Take reasonable care to ensure that the supply of electricity to the Equipment upon which the system operates, does not become affected by other Equipment in the same circuitry.

3.3 Notify NuWood Technologies Ltd immediately of any system upgrades, changes to hardware, software, infrastructure or third party agreements that may affect the usage or support of the Software System supplied.

3.4 Allow NuWood Technologies Ltd’s representatives full and free access to the IT Infrastructure and the Software System supplied at any time when support is required.

3.5 From time to time NuWood Technologies Ltd will require that the system is made available by the client for maintenance and upgrade work during working hours as deemed necessary by NuWood Technologies Ltd, who will endeavour to inform the client up front when such access is required.

3.6 Not allow any person other than those persons nominated by NuWood Technologies Ltd to have access to the Software System Database supplied. Or to allow access to the database to any third parties for whatever reason without the express permission of NuWood Technologies Ltd first being sought and obtained in writing.

3.7 Ensure adequate back-up programs and data are available, procedures are followed and any such back-up media is stored in a secure environment.

4. Force Majeure

4.1 NuWood Technologies Ltd shall not be responsible for any delays or failures attributable to any causes or circumstances beyond its control.

5. Termination

5.1 NuWood Technologies Ltd may terminate this Agreement forthwith if the User (being a Limited Company) shall enter into liquidation other than for re-construction or (being an Individual or Partnership) shall commit an act of bankruptcy or have a receiver appointed against him or any of them.

5.2 This contract can be suspended or terminated at any time by NuWood Technologies Ltd if it considers that:-

5.2.1 The Database has been altered in any way without the express written authorisation of NuWood Technologies Ltd.

5.2.2 Pangea, its data structures or the data itself has been altered in any way without express written permission of NuWood Technologies Ltd.

6. Assignment

6.1 This Agreement cannot be assigned by the User to any other party without the prior written consent of NuWood Technologies Ltd.

7. Limitation of Liability

Notwithstanding anything also contained in this agreement, the Company shall not be liable to the Customer for the loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.

8. This Agreement

This Agreement constitutes the entire agreement between NuWood Technologies Ltd and the User. No representation or statement not contained in this Agreement shall be binding on either party.

E-mail: support@nuwoodtec.com
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