Domain name T&Cs
TERMS AND CONDITIONS BONGO IT LIMITED
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
- Our Acceptable Use Policy ACCEPTABLE USAGE POLICY (bongoit.co.uk), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
We may make changes to these terms We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 29.01.2021
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations. You must keep your account details safe.
How you may use material on our site:
Do not rely on information on this site The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. User-generated content is not approved by us This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about content uploaded by other users If you wish to complain about content uploaded by other users, please contact us on [HYPERLINK TO CONTACT US DETAILS]. Our responsibility for loss or damage suffered by you Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply [see below]. If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
How we may use your personal information:
We will only use your personal information as set out in our privacy (bongoit.co.uk). Uploading content to our site Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy ACCEPTABLE USAGE POLICY (bongoit.co.uk). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We are not responsible for viruses and you must not introduce them We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
- You may not link to our home page, without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
Which country's laws apply to any disputes?
Our trade marks are registered. Bongo IT is a UK registered trade mark of Bongo IT Ltd. You are not permitted to use them without our approval.
1. Cash or Personal Cheque with Bankers Card, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in 50% with order, 50% within 14 days of project completion. A final invoice will be delivered on project completion. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate then prevailing in accordance with Late Payment of Commercial Debts (Interest) Act 1998, (currently 8.5%) plus the appropriate compensatory element as set out in the Act.
2. We reserve the right to seek recovery of any monies remaining unpaid from the date of invoice via collection Agencies and/or through the Courts. In such circumstances, you shall be liable for any and all additional administrative and/or UK court costs. Returned cheques will incur a £50 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
3. We will in our absolute discretion accept payments for Microsoft Office 365 from you at intervals agreed between us. We will transfer your payments to us to our Cloud Service Provider who will transfer such payments to Microsoft. It follows that if you fail to make a payment your account with Microsoft will be terminated immediately, as will your contract with us. You will then be in breach of your contract with us. We reserve the right to use all lawful methods of recovery from you for any payments which we have made on your behalf, and for which you have not paid. In such an event, we disclaim all losses of whatever nature that you or your business may suffer. Conversely, we reserve the right to recover by all lawful means, any losses that we may suffer because of your failure to pay.
CANCELLATION POLICY PRIOR TO COMMENCEMENT
A minimum 48 hours’ notice of cancellation is required. Notification must be made by a duly authorised officer or representative and may be made by email or in writing only. We reserve the right to levy a £50 charge to cover administration expenses. Additionally we reserve the right to charge for the cost of equipment and labour procured by us in anticipation of fulfilling our obligations to you, at cost, unless we can sell these on or use them on another project
TERMINATION OF AGREEMENTS
1. Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
2. We do not offer refunds in any circumstances.
3. If you cancel the agreement before the end of the term, we are entitled to receive payment whilst the contract continues.
4. Availability. Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Copyright and other relevant intellectual property rights exists on all text relating to the our services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in England and Wales, registered office:
BONGO IT LTD
20 LITTLEMORE ROAD
Company No. 08588314.
In the unlikely event of a dispute arising in relation to any contract between us, or any of its clauses, the parties will first negotiate in good faith to resolve it. If such negotiations do not resolve the dispute within 28 days, the parties shall try to resolve the dispute using mediation, arbitration, or alternative dispute resolution. Only if these dispute resolution methods fail will either party be entitled to commence Court action.
We/Bongo IT Ltd, reserve the right to charge interest and claim compensation on late payments in accordance with the Late Payment of Commercial Debts Regulations 2013.
Terms and Conditions of Supply
Bongo IT Ltd does not offer refunds for purchased products. Unlike physical goods, electronically distributed software and software licenses can be easily duplicated. Once we have distributed a release version to the customer, the sale is final, and you may not return the software for a refund or credit. Please be aware of this and make sure you know what you are purchasing.
Under no circumstances Bongo IT Ltd will provide refunds on a "your software is not what I need" basis.
Finding a bug in our products is not an accepted reason for a refund. If you do find bugs, please report them so that we can fix them.
In the event of a mistake purchase, please report this to our billing department using our ticketing system. In order to evaluate our products, please ask for a demo. If you are uncertain of a specific feature, please ask a presale question or read the product documentation.
Bongo IT Ltd reserves the right to approve refunds in the following cases ONLY:
Upgrade to a different license type of the same product within 30 days of the purchase date
Product purchase error if the product was NOT downloaded
Refunded amount is subjected to the following rules:
If the amount is below £25, £1.95 is retained
If the amount is above £25, 10% of the total amount is retained
If hardware is returned unopened in its original packaging within 7 days we will at our absolute discretion decide if we are able to issue a refund. In the case an RMA process is available, once the RMA process has completed we will, at our absolute discretion, decide whether to return the item to the distributor. Several factors will influence the exercise of our discretion, including the physical state of the item, how long it has been in your possession, and others. We cannot guarantee whether the distributor will issue either a full, or partial refund. That decision is theirs, they may levy a restocking fee.
In the case of a reported issue with a router for which we are the sole supplier of the broadband service we will issue a new router in accordance with our Service Level Agreement. You will be charged for the router at cost, and a refund will be issued after the RMA process is completed if the fault is with the old hardware. We will send the replacement router to you free of postal charges. You will return the "old" router to us at your own cost. We accept no liability for faulty equipment and as such it will be returned to the manufacturer to complete the RMA process. If the equipment is out of warranty a refund cannot be issued.
We operate from 09:00hrs to 17:00hrs Monday to Friday excluding bankholidays. This is when we will be available to answer queries, and the monitoring systems are checked.
Between the 19th of December and the 4th of January a change freeze applies to all systems.
Payments are to be made by Standing Order STO.
If payment is late:
By 1 day - you will be sent a reminder.
By 7 days - you will notice reduced functionality.
By 30 days - the service will cease to work.
Please note 999 emergency access is not yet guaranteed on Bongo ITs' (or our partners) Voice over IP service. Emergency calls may fail if you have a power cut or your broadband connection fails.
On Site "Manual" Work
Please note that we have provided you with an estimate (errors and omissions excepted). Our estimate should not be regarded as a fixed price quotation. This is because we work on a time and materials basis and are therefore unable to guarantee time spent or material cost, either, or both of which, may vary during the course of the contract between us.
If remedial works need to be carried out due to circumstances beyond our control e.g. the engagement by you of a third-party contractor, then you must notify us of any damage to the materials we have installed/work we have done within 28 days of any defects becoming apparent, and in all cases no later than three calendar months from the date of “sign off” of the work done by us for you. Failure to notify us within this period will give us the right to choose whether or not to attend and remedy.
In any event, if you notify of us of any defects, you are bound by Common Law to give us the right to re-enter the site to inspect the alleged defects. We will remedy such defects as far as we are able but reserve the right to charge for the time and materials necessary. If you deprive us of our right to remedy, we will not be liable under any circumstances for any third-party contractor’s costs incurred by you
The client [you] will be responsible for checking work which we have carried out and raise any queries by email or letter within 28 days. We [Bongo] will use our best endeavours to remedy any defects which we accept are due to poor workmanship, within 28 days of receipt of your communication. Please note that if you do not notify us of alleged defects we shall assume that you are happy with our work. Under no circumstances will we consider ourselves liable for any financial or other loss in relation to patent defects if you do not notify us of these within three calendar months of completion of the works. In particular, you must give us the opportunity to go on site and inspect alleged defects ourselves. If you employ, without our consent, third party contractors to remedy any alleged defects we shall not, in accordance with Common Law principles, be held liable for any costs incurred.
For all other issues that don't fall into the categories above, please contact our billing department using our ticketing system.
© Bongo IT 2017 All Rights Reserved