Terms and Conditions (Business Customers) — version 2026.09
This is version 2026.09 of these terms, as published on 1 September 2026. It is kept here unchanged so that a contract signed against this version can always be read as it stood. For our current terms, see our terms and conditions.
Note added 8 September 2026. These terms were amended on 8 September 2026: clause 3.9.3 (third-party pass-through) now applies only outside a Minimum Term. The text below is unchanged, as published on 1 September 2026. For our current terms see Terms and Conditions (Business Customers).
Buying for your home rather than for a business? These terms are for business customers. Our terms for home customers are here: Terms and Conditions for Home Customers
EPOS NI and BRISK Technology are trading names of Enhuk Limited, a company registered in Northern Ireland (company number NI646709) with its registered office at Unit 1 Block A, Scrabo Business Park, Jubilee Road, Newtownards, Co. Down, N. Ireland, BT23 4ZP. VAT number GB 305142450.
Version 2026.09, effective 31 August 2026. This version supersedes the version dated 14 June 2026.
Note added 5 October 2026: our phone number is now 028 9099 1247.
Part 1 — General Terms
These General Terms apply to all Deliverables supplied to business customers.
1. Interpretation
1.1 In these Terms and Conditions ("Conditions") the following definitions apply:
"Supplier" means Enhuk Limited, a company registered in Northern Ireland (company number NI646709) whose registered office is at Unit 1 Block A, Scrabo Business Park, Jubilee Road, Newtownards, Co. Down, N. Ireland, BT23 4ZP, trading as EPOS NI, BRISK Technology and its other trading names, and includes its subsidiaries and authorised Partners providing the Services;
"Customer" (also "Client") means the individual or company to whom the Proposal, Order or invoice is addressed;
"Consumer" means an individual acting wholly or mainly outside that individual's trade, business, craft or profession;
"Partner" means an authorised partner of the Supplier providing solutions that include the Supplier's software, bound by a partner agreement;
"Business Day" means any day other than a Saturday, Sunday or bank or public holiday in the United Kingdom;
"Proposal" / "Order" means the order form, quotation or proposal completed or accepted by the Customer (including by email), which forms part of the Contract;
"Contract" means the agreement between the Supplier and the Customer incorporating these Conditions and the Proposal/Order;
"Deliverables" means the Goods and/or Services to be supplied;
"Services" means the services provided by the Supplier, including (without limitation) website design and development, graphic design, domain registration and management, hosting of websites, email and applications, the supply of Goods, Support Services, Subscription Services, EPOS and payment systems, telecommunications, networks and WiFi, cyber security, CCTV and access control, cloud services, solar photovoltaic and battery storage systems, electric vehicle charging equipment, SEO and digital marketing, consultancy, business process automation, and equipment hire, in each case as specified in a Proposal or agreed in writing;
"Goods" means any hardware, equipment, devices or other physical products supplied by the Supplier;
"Installation Services" means Services involving work at the Customer's premises that affixes Goods to land or a building, including solar photovoltaic and battery storage systems, electric vehicle charge points, CCTV and access control systems, and structured cabling;
"Site" means the premises at which Installation Services are carried out;
"Support Services" means IT support, maintenance and consultancy relating to the Customer's systems and equipment (PCs, laptops, servers, networks, WiFi, telephone systems, CCTV and security systems, printers, software and related business technology);
"Subscription" means the recurring charge specified in a Proposal for the ongoing provision of software, support, hosting, marketing or SEO services;
"Subscription Services" means third-party cloud, productivity, communication, security or other software services resold by the Supplier (including Microsoft and Google services and cyber security products) supplied under subscription through the Supplier's distribution partners;
"Recurring Service" means any Service charged on a recurring basis, including Subscriptions, Web Hosting, support contracts and telecommunications services;
"Service Commencement Date" means, for a Recurring Service, the date the Service is activated, provisioned or goes live (and not the date the Order is signed or accepted), as notified by the Supplier;
"Minimum Term" means the minimum period for which a Recurring Service is contracted, as stated in the Order, running from the Service Commencement Date; where the Order states no Minimum Term, it is 12 months;
"Early Termination Charge" means the charge calculated under clause 13.4;
"Customer Content" means all text, images, photographs, graphics, logos, audio, video, data, software and other materials supplied by or on behalf of the Customer, or uploaded by the Customer or its representatives (including via any CMS), for use in any Deliverable;
"Software" means software used to provide a Service; "CMS" means WordPress, or other custom or proprietary CMS, the content management system owned by the Supplier or, in the case of open-source software, used under licence;
"Web Hosting" means provision of a web service responding to browser requests for content (including FTP file hosting and, where agreed, email and web-application hosting on infrastructure provided or procured by the Supplier); it excludes domain management and internet connectivity to the Customer's premises;
"First Line Support" means initial analysis and fault logging;
"Confidential Information" means the terms of the Contract and all information relating to a party, its business, products, services, suppliers or customers, disclosed by or on behalf of that party, whether or not marked confidential;
"Data Protection Legislation" means the UK GDPR and the Data Protection Act 2018 as amended or replaced, and "personal data", "controller", "processor", "processing", "data subject" and "personal data breach" have the meanings given in it;
"Intellectual Property Rights" / "IPR" means copyright, patents, know-how, trade secrets, trademarks, design rights, database rights, domain names and all other intellectual property rights, registered or not, anywhere in the world;
"Force Majeure" means any event beyond a party's reasonable control (see clause 12);
"Price" / "Purchase Price" means the price for the Deliverables as set out in the Proposal/Order or otherwise advised by the Supplier; "VAT" means value added tax.
1.2 Headings are for convenience only; the singular includes the plural and vice versa; any gender includes the others; "person" includes any individual, firm, company or other entity; a reference to legislation includes amendments and re-enactments; and "including", "in particular" and similar terms are illustrative and non-limiting.
2. Basis of contract, and who these Conditions apply to
2.1 These Conditions apply to and form part of the Contract and supersede any previously issued terms and any terms the Customer purports to apply. A Proposal/Order forms part of the Contract.
2.2 These Conditions apply to business customers only. Where the Customer is a Consumer, the Supplier's Consumer Terms and Conditions apply instead of these Conditions, and the Supplier will provide them, together with the prescribed pre-contract information and a cancellation form, before the Customer is bound. A Customer who is a Consumer does not lose the protection of the Consumer Terms by accepting a Proposal that refers to these Conditions.
2.3 A quotation or Proposal is an invitation to treat. A Contract is formed only when the Supplier accepts the Customer's Order in writing (including by issuing an invoice) or begins to supply the Deliverables, whichever is sooner.
2.4 The Customer is responsible for satisfying itself that the Deliverables (including Software functionality) meet its requirements before accepting a Proposal; where it later requires changes, the cost is the Customer's unless the Proposal states otherwise.
2.5 No variation of the Contract is binding unless agreed in writing, save as provided in clause 15.10.
2.6 The Customer shall comply with the Supplier's Acceptable Usage Policy, which forms part of the Contract.
2.7 Order of precedence. Where there is a conflict, the following order applies, the earlier prevailing over the later: (a) any separately signed agreement between the parties expressly stated to override these Conditions; (b) the Proposal or Order, as to price, Minimum Term, scope, specification and any agreed service levels; (c) Part 2 (Service-Specific Terms), for the Service to which it relates; (d) Part 1 (General Terms); (e) the Acceptable Usage Policy.
3. Price and payment
3.1 Prices are exclusive of VAT, which the Customer shall pay at the prevailing rate, and (unless stated) exclusive of delivery, installation, carriage and insurance.
3.2 Project work. Project work (such as website design/build and other one-off work) is invoiced as set out in the Proposal or, by default: a minimum 50% deposit is payable on placement of the Order before any work begins, and the balance is payable before the website goes live or, for products or any transfer of ownership or intellectual property, before handover or transfer. The Supplier need not begin work before the deposit is received; preliminary work done before a cancelled order is chargeable.
3.3 Installation Services — staged payment. Unless the Proposal states otherwise, Installation Services are invoiced in stages: 30% deposit on acceptance of the Order; 40% on delivery of the principal materials or equipment to Site; and the balance of 30% on commissioning or practical completion. Each stage is payable within the period in clause 3.5. The Supplier need not order materials, book installation dates or attend Site before the deposit has cleared. Where the Customer cancels after materials have been ordered, the Customer is liable for the cost of materials ordered or supplied, any restocking or cancellation charge levied on the Supplier, and work carried out to the date of cancellation.
3.4 Recurring charges are payable in advance — monthly or annually as specified — and by an automated payment method (for example GoCardless Direct Debit, Stripe or PayPal) unless otherwise agreed in writing.
3.5 All invoices are payable in full, without set-off or deduction, within 14 days of invoice date (or as stated on the invoice). Time of payment is of the essence.
3.6 On late payment the Supplier may, without limiting its other rights, charge interest at 8% per year above the Bank of England base rate (accruing daily) and claim compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the Deliverables where payment is 30 or more days late and terminate (and charge a reconnection or termination fee) where 60 or more days late.
3.7 The Supplier may set and vary credit limits and withhold further supplies if a limit is exceeded.
3.8 When billing starts. Recurring charges begin on the Service Commencement Date. Where a Service is ordered but not yet activated or provisioned, no recurring charge is made for it, save that any non-recurring installation, connection, survey or equipment charge is payable when incurred.
3.9 Increases to recurring charges.
3.9.1 During a Minimum Term. Any increase to a recurring charge taking effect during a Minimum Term is set out in the Order in pounds and pence, stating the amount of the increase and the date on which it takes effect. No other increase is made to that charge during the Minimum Term.
3.9.2 Outside a Minimum Term. After a Minimum Term has expired, the Supplier may increase recurring charges on not less than 30 days' written notice. The Customer may end the affected Service, without an Early Termination Charge, by giving written notice at any time before the increase takes effect.
3.9.3 Third-party pass-through. Where a third-party vendor, licensor, carrier or distributor increases the charge to the Supplier for a component of a Service (for example a Microsoft, Google, ICRTouch, 8x8 or carrier licence or circuit), the Supplier may pass that increase on at cost on not less than 30 days' written notice, stating the component, the old and new amounts and the effective date. The Customer may end the affected Service line, without an Early Termination Charge, by giving written notice before the increase takes effect. This clause does not permit the Supplier to increase its own margin.
3.9.4 One-off and time-and-materials rates may be varied on 30 days' written notice; the revised rate applies to work ordered after the notice period expires.
3.10 Abortive visits and missed appointments. Where an engineer or installer attends Site at an agreed appointment and cannot carry out the work because the Site or the Customer is not ready, access is not available, the Customer's information was incomplete or incorrect, or the appointment is cancelled or rearranged with less than two Business Days' notice, the Supplier may charge the Customer the cost charged to the Supplier by the relevant carrier or subcontractor for the abortive visit, plus an administration charge of £35 + VAT, or, where no third-party charge arises, the Supplier's standard rate under clause 17.2 for the time and travel involved.
3.11 Where an invoice reflects a discount for payment by Direct Debit or Standing Order and that method is not used, the Supplier may recharge the discount.
4. The Customer's obligations
4.1 The Customer shall provide timely access to premises, systems, equipment, credentials, content, approvals and information reasonably required, ensure a safe working environment, and ensure all software on its systems is properly licensed. Delay or diminished results arising from the Customer's failure to do so are not the Supplier's responsibility.
4.2 Where Installation Services are to be carried out, the Customer shall in addition: provide safe and unobstructed access to the Site and to the relevant electrical supply, distribution board, roof space or riser; disclose known hazards including asbestos, fragile roofs, unsafe structures and buried or concealed services; obtain any landlord's, freeholder's, listed-building, planning or building-control consent required for the works; and ensure the Site is clear of obstructions on the agreed date. The Supplier is not responsible for delay, additional cost or damage arising from the Customer's failure to do so.
5. Confidentiality
5.1 Each party shall keep the other's Confidential Information confidential, use it only to perform the Contract, and not use it to gain commercial advantage, except for information that is public (other than through breach), already lawfully held, independently developed, or required to be disclosed by law or regulator. Each party shall procure compliance by its staff, agents and sub-contractors. This clause survives termination in perpetuity. The Customer acknowledges that the Software, CMS and related documentation are confidential and proprietary to the Supplier.
6. Data protection
6.1 Both parties shall comply with Data Protection Legislation. Where the Supplier processes personal data on the Customer's behalf in providing the Services (for example data in the Customer's website, databases, form submissions, email, EPOS, CCTV or systems), the Customer is the controller and the Supplier is the processor. Annex 1 sets out, for each Service, the subject matter and duration of the processing, its nature and purpose, the types of personal data and the categories of data subject, as required by Article 28(3) of the UK GDPR.
6.2 As processor the Supplier shall: (a) process only on the Customer's documented instructions (the Contract, including Annex 1, being those instructions) unless required by law, in which case it shall inform the Customer first unless the law prevents it; (b) ensure personnel are bound by confidentiality; (c) implement appropriate technical and organisational security measures; (d) notify the Customer without undue delay of any personal data breach affecting the Customer's data; (e) taking into account the nature of processing, reasonably assist with data-subject requests, security, breach notification and impact assessments; and (f) on termination, delete or return the data at the Customer's option save where retention is required by law.
6.3 The Customer authorises the Supplier to engage sub-processors (including hosting, infrastructure, email, domain, EPOS, payment, telecommunications and Subscription Service providers and their distributors); the Supplier shall impose materially equivalent obligations on them and remain responsible for their performance. A current list is available on request. The Supplier shall give the Customer 14 days' notice of any intended change of sub-processor and the Customer may object on reasonable data-protection grounds.
6.4 Any transfer outside the UK will be subject to appropriate safeguards. The Customer warrants it has all necessary rights and lawful bases to provide personal data to the Supplier and that its instructions comply with Data Protection Legislation, and shall indemnify the Supplier against claims arising from the Customer's breach of this clause.
6.5 The Supplier shall make available such information as is necessary to demonstrate compliance with this clause and allow for and contribute to audits, subject to a maximum of one audit in any 12-month period save where required by a supervisory authority or following a personal data breach.
7. Intellectual property
7.1 All IPR in the Supplier's Software, CMS, systems, methodologies and pre-existing materials remain the Supplier's (or its licensors'). The Customer is granted only the rights expressly stated in these Conditions or a Proposal.
7.2 The Customer retains ownership of Customer Content and, on full payment, of the bespoke graphical design and content of its website as set out in clause 19 (where applicable). The Customer's warranties and indemnity for Customer Content are at clause 11.
8. Warranties
8.1 The Supplier warrants that Services will be performed with reasonable skill and care and that Goods will, at delivery, conform in material respects to their description and be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
8.2 The Supplier warrants that Installation Services will be carried out in a good and workmanlike manner, by appropriately qualified and, where required, registered or certified personnel, and in accordance with applicable regulations and standards in force at the time of the work.
8.3 The Customer warrants it has given the Supplier full and accurate information about its business and needs.
8.4 Except as expressly stated in clauses 8.1 and 8.2, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law. The Supplier is not responsible for any failure of a network or third-party software, or for problems caused by equipment, software or services not supplied by it, or by alterations made by anyone other than the Supplier.
9. Limitation of liability
9.1 Nothing in the Contract excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of the obligations implied by section 12 of the Sale of Goods Act 1979, or for anything that cannot lawfully be excluded or restricted.
9.2 Subject to clause 9.1, the Supplier shall not be liable for consequential, indirect or special loss, or for loss of profit, business, revenue, data, use, production, contract, opportunity, anticipated savings or goodwill, whether direct or indirect.
9.3 Subject to clauses 9.1 and 9.5, the Supplier's total liability arising under or in connection with the Contract shall not exceed:
9.3.1 in respect of any Recurring Service, the greater of £25,000 and the charges paid by the Customer for that Service in the 12 months preceding the event giving rise to the claim;
9.3.2 in respect of Goods supplied without installation, the price paid for the Goods giving rise to the claim;
9.3.3 in respect of Installation Services, the total Price payable for that installation under the Order; and
9.3.4 in respect of one-off project work, the total Price payable for that project.
9.4 The caps in clause 9.3 apply per Order and not in aggregate across unrelated Orders.
9.5 Physical damage to property is not subject to the caps in clause 9.3. The Supplier's liability for loss of or physical damage to the Customer's property caused by the Supplier's negligence in carrying out Installation Services or attending Site is limited to £5,000,000 per event.
9.6 The limitations in clauses 9.2 and 9.3 do not apply to any indemnity given by the Customer, and do not limit the Customer's obligation to pay sums due.
9.7 The Customer is responsible for maintaining adequate, current and verified backups before any work is carried out unless a backup service is expressly agreed; the Supplier is not liable for loss of data or software where the Customer has failed to do so.
10. Indemnity and insurance
10.1 The Customer shall indemnify the Supplier against all losses, damages, liabilities, costs (including legal costs) and expenses arising out of or in connection with the Customer's breach of the Contract, the Customer Content and IP warranties (clause 11), use of CCTV, access-control or monitoring systems (clause 27), and any data-protection breach by the Customer (clause 6).
10.2 The Customer shall maintain appropriate insurance to cover its obligations under the Contract and, on request, provide reasonable evidence of it.
10.3 The Supplier's insurance. The Supplier maintains public liability and products liability insurance, employers' liability insurance and professional indemnity insurance. The Supplier shall provide evidence of the cover in force, including the levels of indemnity, on reasonable request.
11. Customer content and intellectual property indemnity
11.1 The Customer warrants that it owns, or has obtained all necessary licences, consents and permissions for, all Customer Content, and that its use in connection with the Services will not infringe any third party's rights or breach any law.
11.2 Where the Supplier sources stock photography, fonts or other licensed materials for the Customer, it will obtain a licence appropriate to the agreed use; the Customer must not use them beyond that licence without obtaining further rights, and the warranty and indemnity in this clause do not apply to such Supplier-sourced materials used within the licence scope.
11.3 The Customer shall indemnify the Supplier, its directors and employees against all claims, demands, losses, damages, fines, licence fees, settlement sums and costs arising from any Customer Content, the use of materials supplied or approved by the Customer for which rights were not held, or any breach of clause 11.1, whether incorporated by the Customer (including via a CMS) or by the Supplier at the Customer's request.
11.4 On receiving a relevant claim the Supplier may remove or disable access to the material pending resolution, without liability to the Customer. This clause survives termination.
12. Force majeure
12.1 Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control (including war, riot, storm, fire, flood, earthquake, explosion, act of God, epidemic, electrical or power failure, strikes, interruption of supplies or telecommunications, failure or outage of an upstream network, carrier or cloud platform, cyber attack or other malicious act by a third party against the Supplier or its suppliers, and supplier or sub-contractor default), excluding the Customer's inability to pay. The affected party shall notify the other; if the event continues beyond 30 days, either party may terminate on written notice.
13. Term, minimum term and termination
13.1 Either party may terminate on written notice if the other commits a material breach that is irremediable or not remedied within 14 days of notice, or fails to pay a sum that remains unpaid 30 days after notice.
13.2 The Supplier may terminate (or suspend) immediately on written notice if the Customer becomes insolvent, is unable to pay its debts, enters any arrangement, administration, receivership, winding-up, moratorium or analogous process, or takes steps towards any of them.
13.3 Minimum Term and notice. Each Recurring Service is supplied for the Minimum Term stated in the Order, running from the Service Commencement Date. The Customer commits to the Service for the Minimum Term. After the Minimum Term the Service continues until either party ends it on not less than 30 days' written notice. Where the Order states no Minimum Term, it is 12 months. This clause applies to Recurring Services only and not to one-off Goods or project work.
13.4 Early Termination Charge. Where the Customer ends a Recurring Service before the end of its Minimum Term, or the Supplier ends it under clause 13.1 or 13.2, the Customer shall pay an Early Termination Charge equal to:
13.4.1 the recurring charges that would have fallen due for the remainder of the Minimum Term, less any costs the Supplier saves as a result of not providing the Service for that period; plus
13.4.2 any cease, cancellation, early-termination or exit charge actually levied on the Supplier by a carrier, vendor or distributor in respect of that Service; plus
13.4.3 the unrecovered balance of any equipment supplied at a subsidised price or financed over the Minimum Term, as stated in the Order; plus
13.4.4 an administration and disconnection charge of £150 + VAT.
The Supplier will provide a written breakdown of the Early Termination Charge on request. This charge is a genuine pre-estimate of the loss the Supplier suffers on early termination and not a penalty. No Early Termination Charge is payable where the Customer ends the Service for the Supplier's uncured material breach, or under clause 3.9.2, 3.9.3 or 15.10.
13.5 On termination. On termination or expiry of a Service: the Supplier will issue a final invoice for all sums due, including any Early Termination Charge; the Customer shall pay it within the period in clause 3.5; the Customer shall return, or the Supplier may collect, any equipment that remains the Supplier's property, or the Customer may purchase it at the price stated in the Order or, if none, its fair market value; the Supplier will, at the Customer's request and cost, return the Customer's data in a commonly used format and will reasonably assist with migration, number porting and transfer of domains, tenancies and subscriptions once all sums due have been paid; and the Supplier may disconnect the Service.
13.6 Termination does not affect accrued rights. Clauses intended to survive (including 5, 6, 9, 10, 11 and 13.5) continue.
14. Notices
14.1 Notices must be in writing and may be served by pre-paid first-class post to the registered office or last known address, or by email to the address most recently notified for correspondence. Notices are deemed received two Business Days after posting, or at 9am on the next Business Day after the email is sent, provided the sender has not received a delivery-failure notification. This clause does not apply to legal proceedings.
15. General
15.1 Assignment and subcontracting. The Customer may not assign or sub-contract without the Supplier's written consent. The Supplier may assign on notice, and may perform any of its obligations through employees, engineers, installers, sub-contractors or Partners, remaining responsible for their performance.
15.2 Entire agreement. The Contract is the entire agreement and supersedes prior agreements; neither party relies on any representation not set out in it; nothing limits liability for fraud.
15.3 Variation must be in writing, save as provided in clause 15.10.
15.4 Severability. If any provision is invalid or unenforceable, the rest is unaffected and the provision applies with the minimum modification necessary.
15.5 Waiver. No delay or failure to enforce is a waiver; a waiver is effective only if in writing.
15.6 Third-party rights. Save that the Supplier's affiliates may enforce these Conditions, a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.
15.7 No partnership or agency is created between the parties.
15.8 Cumulative remedies; further assurance; costs. The Supplier's remedies are cumulative; the Customer shall execute documents reasonably required to give effect to the Contract; each party bears its own costs of negotiation.
15.9 Compliance with law. The Customer shall comply with applicable law and maintain the licences and authorisations needed to perform the Contract.
15.10 Changes to these Conditions. The Supplier may change these Conditions. It will give the Customer not less than 30 days' written notice of any change that is materially detrimental to the Customer, stating what is changing and when it takes effect. Where such a change is materially detrimental, the Customer may end the affected Service without an Early Termination Charge by giving written notice before the change takes effect. Changes required by law or by a regulator may take effect on shorter notice. The current version is published on the Supplier's website.
15.11 Anti-bribery and modern slavery. Each party shall comply with the Bribery Act 2010 and the Modern Slavery Act 2015 and shall not engage in any activity that would constitute an offence under either.
15.12 Complaints and escalation. The Supplier operates a complaints procedure, published on its website. A complaint should be raised first with the Supplier's account contact and, if unresolved within 10 Business Days, escalated in writing to a director or senior manager at support@eposni.com. Where a dispute remains unresolved, each party shall procure that a senior representative meets within 20 Business Days to seek settlement before either commences proceedings. This does not prevent either party seeking injunctive relief. Where the Customer is a small business customer of a regulated telecommunications service, clause 28.7 (alternative dispute resolution) also applies.
15.13 Governing law and jurisdiction. The Contract and any dispute (including non-contractual) are governed by the law of Northern Ireland and subject to the exclusive jurisdiction of the Northern Ireland courts.
Part 2 — Service-Specific Terms
Each clause applies only where the Supplier provides the relevant Service, and supplements (without limiting) Part 1. Where a clause in this Part conflicts with Part 1, this Part prevails for that Service.
16. Website design and development
16.1 The Supplier will design and develop websites as set out in the Proposal. The Customer is responsible for providing content and approvals promptly and for checking that the agreed scope meets its needs (clause 2.4). All design work is subject to the Production Revision Policy (clause 17).
17. Production Revision Policy
17.1 To keep production costs low, the Supplier includes up to two rounds of minor visual revisions per design. Excessive or out-of-scope revisions (revising text or fonts, replacing photos, re-designs, changes of mind, major layout changes) are chargeable at the Supplier's standard rates and may delay delivery. No charge applies where the Supplier or its vendor is at fault. The Customer should provide specific, consolidated written direction with all required changes at once.
17.2 Additional revisions, ad-hoc work and other chargeable services are billed at the Supplier's standard rates, currently £120 + VAT per hour, or £89 + VAT per hour where carried out by a junior team member, billed in 15-minute increments; the Supplier will confirm the rate before chargeable work begins where practical. Work carried out outside 08:30–17:30 on Business Days is charged at 1.5 times the standard rate, and on Sundays and bank holidays at 2 times the standard rate.
18. Proprietary software / CMS licence (where the Supplier licenses its own software or CMS)
18.1 Where a Service uses the Supplier's proprietary Software or CMS, the Customer is granted a limited, non-exclusive licence to use it on a single website domain (notified at purchase), to serve web pages to visitors and to edit content via the built-in administration tools, for the duration of the Service only.
18.2 The Customer must not modify, adapt, translate, rent, lease, resell, sublicense, distribute or create derivative works of the Software, nor disclose its contents; the Software contains trade secrets and all IPR remain the Supplier's, which retains ownership of all copies. The Customer shall take reasonable steps to safeguard the Software and follow the Supplier's security guidance.
18.3 The licence may be transferred only as part of a sale of the entire website for the licensed domain, on written notice to the Supplier and the transferee's acceptance of these Conditions; the Software may not be sold separately.
18.4 The Supplier may from time to time provide enhancements or new releases, at no cost while the Service is active or for an agreed cost for additional functionality; all enhancements are governed by this licence. Should the Supplier cease trading, the Customer may modify the Software solely to maintain the original website, IPR remaining the Supplier's.
19. Ownership of website content on termination (where a website is supplied)
19.1 The Customer is legally responsible for the content of its website and the Supplier does not claim ownership of the Customer's design or content. On termination the Customer is entitled to the graphical design (and may reproduce it in another website) and all text and imagery, but not to ongoing use of the Service, the CMS or Software programming code, or the JavaScript output by the Software for standard features (such as menus, galleries and social dialogues).
20. Web hosting (where the Supplier provides hosting)
20.1 The Supplier will provide hosting on a reasonable-endeavours basis but does not warrant uninterrupted or error-free operation, and may withdraw service temporarily for maintenance or enhancements. Hosting may be provided on shared infrastructure and/or by a third-party host whose terms and acceptable use policy also apply to the Customer.
20.2 Hosting is provided on the basis of reasonable usage for server load, disk space and bandwidth. Where the Customer's usage materially exceeds reasonable levels, the Supplier may offer a higher-capacity service at an agreed fee or, failing agreement, terminate the hosting at no cost to either party.
20.3 Where the Customer maintains its own code, themes, plugins or integrations, it is responsible for keeping them updated and secure; the Supplier may suspend or require removal of anything presenting a security or performance risk.
20.4 Any backups provided are made on a reasonable-endeavours basis (at least daily where stated, copied off-site, excluding files placed outside CMS management via FTP); the Customer remains responsible for keeping its own copies and the Supplier accepts no liability for data loss except to the extent caused by its negligence and subject to clause 9.
21. Email (where provided)
21.1 Email provided as part of hosting is provided on a reasonable-endeavours basis. Unless a supported or managed mailbox service is expressly agreed, the Customer uses such email at its own risk and the Supplier is not liable for loss arising from its use. The Supplier can recommend supported email solutions.
22. Domain names (where the Supplier registers or manages domains)
22.1 The Supplier will register and maintain the primary domain (additional domains by written agreement). The registration contract is between the Customer and the naming authority, whose terms bind the Customer; the Supplier cannot guarantee a requested domain can be registered and gives no warranty that it will not infringe third-party rights (the Customer indemnifying the Supplier accordingly).
22.2 The Customer owns its domains; the Supplier will assist transfers once all sums due are paid, and does not charge for transfers unless they take more than half an hour in a calendar month (charges agreed in advance). Third-party fees (e.g. Nominet, registrar transfer fees) are the Customer's and are passed on.
22.3 It is the Customer's responsibility to ensure renewal fees are paid by the due date. Where a domain enters a grace, redemption or restoration period, third-party recovery charges are passed on in full plus an administration fee of 50% of those charges. The Supplier accepts no liability for loss of a domain, or interruption to website or email, arising from late or non-renewal.
23. DNS and notified changes (where the Customer or its provider manages DNS)
23.1 The Customer accepts the Supplier may need to move hosting to a different IP address at short notice. Where the Supplier provides name servers, the Customer must point the domain to them, provide an authorised contact, and procure DNS or name-server updates within 3 Business Days on request; failure will make the website unavailable and hosting fees remain payable; update costs are the Customer's.
23.2 Notified changes. Where a change to hosting infrastructure requires the DNS or IP records to be updated (including a change of server IP, enabling or disabling proxy or CDN services, or migration between servers or providers) and the Supplier does not manage the DNS, the Supplier will give notice under clause 14 identifying the records and the date by which the change must be made. The Supplier's responsibility is limited to giving that notice and, if requested, providing reasonable assistance (chargeable where material time is involved). It is the Customer's sole responsibility to make, or procure that its DNS provider makes, the change by the stated date.
23.3 If the Customer fails to make the notified change by the stated date, the Supplier has no liability for any resulting unavailability or interruption; this is not a breach by the Supplier and does not entitle the Customer to withhold, set off or reduce any fees, which remain payable in full.
24. Goods / hardware (where the Supplier supplies Goods)
24.1 Goods are supplied per the Proposal; prices exclude VAT and (unless stated) delivery and installation. Delivery and availability dates are estimates only.
24.2 Risk passes on delivery; title remains with the Supplier until payment in full (in cleared funds) for the Goods and any related installation. Until title passes the Customer shall store the Goods so they are identifiable as the Supplier's and not dispose of or encumber them.
24.3 New Goods carry the manufacturer's warranty only; the Supplier will reasonably assist with manufacturer warranty claims but gives no additional warranty, and all other warranties relating to Goods are excluded to the fullest extent permitted by law. Faulty Goods are repaired or replaced under the manufacturer's warranty; non-faulty returns are at the Supplier's discretion, in unopened original packaging, subject to restocking and supplier charges. The Customer is responsible for satisfying itself that Goods are suitable unless the Supplier has expressly agreed a purpose in writing.
24.4 Refurbished ("Refreshed") Goods supplied by the Supplier under either trading name carry a 12-month return-to-base warranty from the date of installation, given by the Supplier. This applies in place of clause 24.3 for such Goods.
24.5 Installed Goods. Where Goods are affixed to land or a building as part of Installation Services, the Supplier's title under clause 24.2 ends on installation and the Supplier does not retain a right to remove them. The Supplier's protection in respect of installed Goods is the staged payment in clause 3.3, not retention of title. The Customer shall not sell, charge, remove or permit removal of installed Goods until the Price has been paid in full.
25. IT support and managed services (where provided)
25.1 Support Services are provided with reasonable skill and care. Unless covered by a written support agreement or a support Service stated in the Order, they are ad-hoc and chargeable at the Supplier's standard rates (clause 17.2) plus the cost of any parts, Goods, licences or third-party services.
25.2 Time spent diagnosing a fault is chargeable whether or not it is resolved. Support excludes faults arising from misuse, accident, neglect, changes by the Customer or third parties, environmental conditions, or equipment, software or services not supplied by the Supplier (such work being chargeable). Where a fault lies in a third party's product, the Supplier provides First Line Support and will use reasonable endeavours to refer it on, but is not responsible for the third party's response.
25.3 Service levels. Where the Order includes a support Service, the Supplier will use reasonable endeavours to respond within the following target times, measured during 08:30–17:30 on Business Days unless the Order states extended hours:
| Priority | Description | Target response |
|---|---|---|
| P1 | Total loss of a business-critical system; no workaround | 1 Business Hour |
| P2 | Major impairment; several users affected; workaround available | 4 Business Hours |
| P3 | Single user or non-critical fault | 1 Business Day |
| P4 | Request, change or advice | 3 Business Days |
These are target response times, not resolution times, and are not guaranteed. They do not apply where the fault is excluded under clause 25.2, where the Customer has not provided access or information, or where resolution depends on a third party.
Support is provided during those hours only. Cover outside them — evenings, weekends and public holidays — is available as a priced option and applies only where the Order says so.
25.4 Maintenance windows. The Supplier may carry out planned maintenance, patching and updates. Where these will interrupt a Service, the Supplier will give 5 Business Days' notice and will schedule work outside 08:30–17:30 where practical. Emergency maintenance to address a security or stability risk may be carried out at any time, with notice as soon as practical.
25.5 Offboarding. On termination of a support Service the Supplier will, at the Customer's cost and once all sums due are paid, provide the Customer or its incoming provider with the documentation, credentials and configuration information reasonably required to take over the systems the Supplier managed, and will provide up to 4 hours of transition assistance at the standard rate.
26. EPOS systems, payments and card processing (where provided)
26.1 Where the Supplier supplies EPOS systems, software, terminals, self-service kiosks, mobile ordering, kitchen display, digital signage, stock, loyalty, reservation or related retail or hospitality technology, such Deliverables are supplied and/or licensed subject to these Conditions and any third-party or manufacturer terms.
26.2 Card and electronic payment processing is provided by third-party processors, acquirers and payment service providers under their own agreements with the Customer. The Supplier is not a bank, acquirer or payment institution, does not process or settle the Customer's transactions, and is not responsible for the availability, fees, holds, chargebacks or settlement of any payment service. The Customer is responsible for its merchant agreements, surcharging compliance and chargebacks.
26.3 The Customer is responsible for PCI DSS compliance in respect of its own environment and use; where the Supplier supplies PCI-relevant equipment or configuration it does so to support that compliance, which remains the Customer's responsibility.
26.4 Sales, stock, loyalty and customer data in an EPOS or related system belong to the Customer, who is the controller of any personal data in it; clause 6 and Annex 1 apply to processing the Supplier carries out on the Customer's behalf.
27. CCTV, access control and monitoring systems (where provided)
27.1 Where the Supplier supplies, installs or supports CCTV, access control, door-entry or other monitoring or security systems, it does so as supplier and installer only. The Customer is, and remains at all times, the controller of any personal data captured, including images of staff, customers and members of the public.
27.2 The Customer is solely responsible for lawful and compliant use, including Data Protection Legislation and the ICO's video surveillance guidance — deciding the purpose of the system, displaying appropriate signage, setting and applying a retention period, controlling who may view footage, responding to data-subject access requests and requests from the police or other authorities, and carrying out any data protection impact assessment required. The Customer shall indemnify the Supplier against claims, fines, losses and costs arising from its unlawful or non-compliant use.
27.3 Where the Supplier holds, accesses, exports or maintains footage on the Customer's behalf, it does so as processor on the Customer's documented instructions; the processing details are set out in Annex 1. The Supplier will not view or export footage except as necessary to provide the Service or on the Customer's written instruction, and will record such access.
27.4 The Supplier does not provide monitored alarm receiving, keyholding or response services unless expressly stated in the Order, and gives no warranty that a system will prevent, detect or deter any incident.
28. Telecommunications services (where provided)
28.1 Telecommunications services (phone lines, broadband, FTTP/fibre, SIP and VOIP telephony, mobile, and number porting) depend on networks operated by third parties (including Openreach, BT and other carriers). Provisioning, activation and repair dates are estimates only and subject to the third-party operator. The Supplier does not guarantee that a number port will succeed or complete within any particular time, or that a specific line, speed or service can be provided at the Customer's premises.
28.2 Minimum Term and charges. Telecommunications services are Recurring Services. The Minimum Term and the charges, including any in-term increase stated in pounds and pence, are set out in the Order. Clauses 3.8, 3.9, 13.3 and 13.4 apply. The Customer's attention is drawn to the Early Termination Charge in clause 13.4, which includes any cease charge levied on the Supplier by the underlying carrier.
28.3 Emergency calls and power cuts. VOIP and internet-based telephony depend on the Customer's internet connection and mains power and will not work during an outage of either.
28.3.1 Before a Service that carries voice is installed, the Supplier will ask whether the Customer, or anyone at the premises, would be dependent on it to call the emergency services in a power cut — that is, whether there is another working means of doing so, including a mobile phone with reliable indoor coverage at the premises. The Supplier records the answer and the solution offered.
28.3.2 Where the Customer confirms a mobile phone with reliable indoor signal at the premises, that is the agreed alternative. The Customer must keep it charged and available, and must tell the Supplier if that changes — for example if the mobile signal at the premises deteriorates or the person relying on it changes.
28.3.3 Where there is no such alternative, or where anyone at the premises has a disability, telecare, a Priority Fault Repair registration or other need that increases reliance on the voice service, the Supplier will offer, free of charge, a solution giving at least one hour of access to the emergency services in a power cut, and will explain how to use and maintain it. If the Customer declines it, the Supplier will record that the risk was explained and declined.
28.3.4 The Customer must keep the installation address registered against each number accurate and up to date, as it is the location passed to the emergency services, and must tell the Supplier before any number is used at a different address.
28.4 Acceptable and fair use; barring. Services are provided for the Customer's own reasonable and lawful business use. The Supplier may apply fair-use limits to bundled or unlimited call plans and may suspend or restrict a Service where use is fraudulent, unlawful, abusive, or generates unusual or excessive charges. Calls to premium-rate, international and satellite destinations are barred by default and are enabled only on the Customer's written request. The Customer remains liable for all charges arising from calls made from its systems, including those made by a third party who has gained access to them, unless caused by the Supplier's negligence.
28.5 Number porting and switching. The Supplier will use reasonable endeavours to port numbers in and out in accordance with industry processes. On termination the Supplier will not unreasonably withhold or delay a port-out and will provide the information the gaining provider needs, once all sums due have been paid. Numbers provided by the Supplier and not ported away within 30 days of termination may be recovered and reallocated.
28.6 Service levels and outages. Fault reporting, target response and any service credits are as stated in the Order or the applicable service description. Where a fault lies in the underlying carrier's network, the Supplier's obligation is to report and pursue the fault with the carrier and keep the Customer informed; the carrier's repair times apply.
28.7 Complaints and alternative dispute resolution. The Supplier operates a complaints code of practice, published on its website and available on request. A complaint may be raised at support@eposni.com or +44 (0)28 9099 1221. The Supplier will acknowledge a complaint within two Business Days and aims to resolve it within ten Business Days, telling the Customer if it will take longer and why. Where a complaint about a regulated telecommunications service is not resolved within six weeks, or the Supplier confirms deadlock, a Customer who is a Consumer or a small business customer (a business with ten employees or fewer) may refer the complaint, free of charge, to CISAS (the Communications & Internet Services Adjudication Scheme), the Supplier's approved alternative dispute resolution scheme, within 12 months of the deadlock notification. Where the Customer accepts the adjudicator's decision, it is binding on the Supplier. CISAS, c/o CEDR, 100 St Paul's Churchyard, London EC4M 8BU · cisas@cedr.com · +44 (0)20 7520 3814 · cedr.com/consumer/cisas
28.8 Contract summary. Before a Consumer or small business customer is bound to a regulated telecommunications service, the Supplier will provide a contract summary and contract information in the form required by Ofcom's General Conditions.
29. Networks and WiFi (where provided)
29.1 Wireless performance and coverage depend on the premises, environment, building materials and interference and cannot be guaranteed. Following handover, the Customer is responsible for the ongoing security and administration of its network, including changing default credentials and applying firmware updates, unless a managed service is expressly agreed.
29.2 Where the Supplier provides guest or public WiFi, the Customer is the controller of any personal data collected at sign-in and is responsible for the terms shown to users, for any content filtering required, and for its obligations in respect of users' data.
30. Cyber security (where provided)
30.1 No security product, service or configuration can guarantee the prevention or detection of all threats, breaches or data loss; such products and services (including AI-assisted threat management, monitoring, endpoint protection and managed detection) reduce but do not eliminate risk. The Customer remains responsible for its own overall security posture (staff training, policies, access management, patching and insurance), and the Supplier is not liable for loss from a security incident except to the extent caused by its negligence and subject to clause 9.
31. Cloud services (where provided)
31.1 Cloud services or infrastructure (for example AWS, Microsoft Azure or Google Cloud) are provided, operated and hosted by the relevant third-party platform and subject to that platform's own terms, service levels and data-handling arrangements; the Supplier gives no warranty beyond passing on the platform's commitments. The Customer is responsible for its own data within the tenancy and for appropriate backups unless a managed backup service is agreed. Platform usage charges are the Customer's or, where resold, are supplied as Subscription Services under clause 32.
32. Third-party subscription services and licence resale (where provided)
32.1 The Supplier resells Subscription Services as a reseller only; they are provided, operated and hosted by the relevant vendor, and the Customer's use is subject to and conditional on the Customer's acceptance of the vendor's own terms, licences and acceptable use policies (for example the Microsoft Customer Agreement or applicable Google terms), as amended.
32.2 The Supplier provides ordering, billing, administration and First Line Support only; availability, performance, features, security and data handling are the vendor's responsibility and the Supplier gives no warranty beyond passing on the vendor's commitments; service levels and remedies are the vendor's.
32.3 Subscriptions are supplied on the commitment terms (monthly, annual or otherwise) selected at order. The Customer acknowledges that vendors and distributors do not generally permit cancellation or seat reductions part-way through a committed term, and remains liable for all fees for the full committed term regardless of usage or early cancellation, except where the vendor's terms permit otherwise. Fees are payable in advance and non-refundable once the commitment is placed. The committed term of each Subscription is stated in the Order.
32.4 Where a vendor or distributor increases its charge to the Supplier, clause 3.9.3 applies. If the Customer fails to pay, the Supplier may suspend or cancel the subscriptions with the vendor; resulting loss of access or data is not the Supplier's liability. On termination the Supplier will reasonably assist (chargeable) to transfer subscriptions, tenancies and data once all sums due are paid.
33. SEO and digital marketing (where provided)
33.1 SEO, pay-per-click, social media and other digital marketing services are provided with reasonable skill and care using techniques consistent with the relevant platforms' published guidelines.
33.2 Search engines and platforms are third parties whose algorithms, policies and pricing change without notice. The Supplier does not guarantee any particular ranking, placement, traffic, conversion, engagement or other outcome, nor that results will be maintained; fees are for the work performed and not conditional on any result. Advertising spend is separate from and additional to the Supplier's fees, payable to or through the platform, and non-refundable by the Supplier. The Customer is responsible for the accuracy and legality of its advertising content and for timely cooperation, access and approvals.
34. Equipment and event technology hire (where provided)
34.1 Where the Supplier hires out equipment or provides event technology on a rental basis, the equipment remains the Supplier's property; risk passes to the Customer on delivery or collection and remains with the Customer until return. During hire the Customer shall keep the equipment safe, use it only as intended, not sub-hire or part with possession of it, and insure it for full replacement value, returning it in the condition supplied (fair wear and tear excepted). The Customer is responsible for the cost of loss or damage while on hire and for any agreed late-return charges.
35. Consultancy and business process automation (where provided)
35.1 IT and business consultancy is provided with reasonable skill and care, based on the information made available and the Customer's stated requirements; business decisions made on the Supplier's advice remain the Customer's, and the Supplier does not guarantee any particular outcome, saving or efficiency (estimates being indicative only).
35.2 Where the Supplier designs, builds or configures automations or integrations connecting third-party applications, the Customer acknowledges these depend on third-party platforms and interfaces that may change, be restricted or be withdrawn without notice; the Supplier is not responsible for failures so caused, and restoration or adaptation work is chargeable. The Customer is responsible for testing and verifying automated output before relying on it, and for monitoring outputs with legal, financial or contractual significance; the Supplier is not liable for losses from reliance on unverified output. Third-party automation-platform licences are the Customer's responsibility unless resold under clause 32.
36. Solar photovoltaic and battery storage systems (where provided)
36.1 Survey and design. Any quotation given before a full technical survey is indicative. The Supplier will carry out a survey of the roof or mounting location, the electrical installation and the incoming supply before the design is fixed. Where the survey shows that the works cannot be carried out as quoted — for example because of the condition or structure of the roof, the state of the electrical installation, shading, or the capacity of the supply — the Supplier will notify the Customer with a revised price or, if the works cannot reasonably be carried out, may cancel the Order and refund any deposit paid, less the cost of the survey where the Order states a survey charge.
36.2 Condition of the building. The Supplier is responsible for the installation, not for the condition of the structure it is installed on. The Customer is responsible for the roof, its covering, structure and weatherproofing being sound and fit to carry the system. The Supplier will report any obvious defect it observes, but does not survey for latent defects and is not liable for pre-existing defects or for the consequences of them.
36.3 Consents and notification. Unless the Order states otherwise the Supplier will make the electrical notifications required for the works, including notification to the distribution network operator. The Customer is responsible for obtaining any planning permission, listed-building consent, conservation-area consent, landlord's or freeholder's consent, or consent under a lease or mortgage. The Supplier is not liable where the works cannot proceed, or must be altered or removed, because a consent was not obtained.
36.4 Grid connection. Connection of a generating system is subject to the distribution network operator's approval. Where approval is refused, delayed or granted subject to conditions (including an export limit), that is outside the Supplier's control; the Supplier will inform the Customer and, where the approved system differs materially from that ordered, the parties will agree a revised scope and price or the Customer may cancel, paying only for work and materials to that point.
36.5 Performance estimates. Any estimate of generation, export, saving or payback is an estimate only, based on standard industry methodology, the survey data and assumptions about consumption, occupancy, weather and energy prices stated with the estimate. It is not a guarantee, warranty or representation of actual performance, and actual output and savings will differ. The Supplier gives no warranty as to future energy prices, tariffs, grants or export payments.
36.7 Warranties. Panels, inverters, batteries, optimisers and mounting systems carry their manufacturers' warranties, whose terms and durations vary and are stated in the Order or handover pack. The Supplier warrants its own workmanship for two years from commissioning. Manufacturer warranties are commonly conditional on registration, on the system being maintained and on it not being altered by anyone else; the Customer is responsible for meeting those conditions. Warranty work does not cover damage from storm, impact, vermin, alteration by others, or failure to maintain.
36.8 Batteries. Battery capacity reduces with age and use; the manufacturer's warranty states the retained-capacity figure and the conditions attached to it. The Supplier does not warrant that a battery will provide back-up power during a grid outage unless the Order expressly specifies a back-up-capable system and the necessary switching.
36.9 Maintenance and handover. On completion the Supplier will provide a handover pack including the electrical certificate, the commissioning record, manufacturer documentation and warranty details, and instructions for use and maintenance. Systems require periodic inspection and cleaning; maintenance is not included unless a maintenance Service is stated in the Order.
36.10 Scaffolding and access. Where scaffolding or specialist access is required it is included only where the Order says so. Scaffolding erected for the works remains the property of the scaffolding contractor; the Customer shall not permit its use by others and is responsible for its security while on Site.
37. Electric vehicle charging equipment (where provided)
37.1 Survey and suitability. Any quotation given before a survey is indicative. The Supplier will assess the electrical supply, the distribution board, the earthing arrangement and the cable route before the design is fixed. Where the survey shows the works cannot be carried out as quoted — for example because the supply capacity is insufficient, the earthing arrangement is unsuitable, the consumer unit must be upgraded, or the cable route is not as assumed — the Supplier will notify the Customer with a revised price or, if the works cannot reasonably be carried out, may cancel the Order and refund any deposit paid, less any survey charge stated in the Order.
37.2 Notification and consents. The Supplier will carry out the electrical work in accordance with BS 7671 and the applicable regulations for charge point installation, and will make the building-control and distribution network operator notifications required. The Customer is responsible for obtaining any landlord's, freeholder's, management-company or planning consent, and for confirming it has the right to install on and run cable through the relevant land or building.
37.3 Smart charging and connectivity. Charge points supplied are smart charge points meeting the applicable regulations. Smart functions, scheduling, load management, tariff integration and app control depend on the manufacturer's platform and on a working internet or mobile connection at the Site. The Supplier does not warrant the availability, continuation, features or pricing of any manufacturer app, platform, tariff or subscription, which are provided under the manufacturer's or provider's own terms and may be changed or withdrawn by them.
37.4 Vehicle compatibility and charging speed. Actual charging speed depends on the vehicle, its on-board charger, its state of charge, temperature, and the available supply. Any charging rate stated is the maximum output of the equipment, not a rate that will be achieved with any particular vehicle. Where load management is fitted, output is reduced automatically to protect the supply.
37.5 Grants and approved-installer schemes. The Supplier does not currently hold authorised-installer status for any electric vehicle charge point grant scheme. It therefore cannot apply for, claim or administer a grant on the Customer's behalf, and an installation carried out by the Supplier will not qualify for a grant that requires an approved installer. The Price is payable in full irrespective of any grant the Customer may separately pursue, and the Supplier makes no representation that any grant, incentive or funding is or will be available. This is stated in every quotation for charge point installation.
37.6 Warranties and maintenance. Charge points carry the manufacturer's warranty stated in the Order; the Supplier warrants its own workmanship for two years from commissioning. Warranty work does not cover damage from impact, misuse, vandalism, alteration by others, or use with unsuitable adaptors or extension leads. On completion the Supplier will provide the electrical certificate, the commissioning record and the manufacturer documentation.
37.7 Use. The Customer is responsible for the safe use of the equipment, for keeping cables clear of walkways and highways, for any signage or bay markings, and — where the charge point is used by employees, tenants, customers or the public — for its own arrangements with those users, including any charge it makes to them.
By purchasing the Services and/or using the Software, the Customer acknowledges it has read and agrees to these Conditions and the Acceptable Usage Policy. Questions should be raised with the Supplier before accepting a Proposal.
Annex 1 — Data processing details (UK GDPR Article 28(3))
Where the Supplier acts as processor under clause 6, the following applies to each Service the Supplier provides. The Customer is the controller in each case.
| Service | Subject matter & duration | Nature & purpose of processing | Types of personal data | Categories of data subject |
|---|---|---|---|---|
| Website, hosting and email | Hosting and maintaining the Customer's website, mailboxes and forms, for the term of the Service | Storage, hosting, backup, transmission, maintenance, support access | Names, contact details, correspondence, enquiry and form content, IP addresses, account credentials | The Customer's website visitors, enquirers, customers and staff |
| EPOS and payment systems | Supplying, configuring and supporting the EPOS estate, for the term of the Service | Storage, configuration, remote support access, reporting, backup | Names, contact details, loyalty and account records, order and transaction records, staff logins and time records. Card data is processed by the payment provider, not the Supplier | The Customer's customers and staff |
| CCTV, access control and monitoring | Installing, configuring, maintaining and supporting the system, for the term of the Service | Configuration, remote support access, retrieval and export of footage on the Customer's written instruction, retention-setting | Video and still images of identifiable individuals, audio where recorded, entry and exit records, credential and fob records, timestamps | The Customer's staff, customers, visitors, contractors and passers-by within the field of view |
| IT support and managed services | Supporting the Customer's systems, devices and users, for the term of the Service | Remote and on-site access to systems and devices, diagnosis, configuration, backup and restore, user administration | Any personal data present on the systems supported, including names, contact details, correspondence, HR and customer records | The Customer's staff, customers and contacts |
| Telecommunications | Providing voice, broadband and connectivity, for the term of the Service | Provisioning, routing, billing, call-record processing, fault diagnosis, and (where enabled) call recording and voicemail storage | Names, service and installation addresses, telephone numbers, call detail records, voicemail and (where enabled) call recordings | The Customer's staff, and callers to and from the Customer |
| Cloud and subscription services | Ordering, administering and supporting tenancies, for the term of the Service | Tenancy and licence administration, user account creation and deletion, delegated administrative access, First Line Support | Names, work contact details, user account identifiers and licence assignments | The Customer's staff |
| Networks, WiFi and cyber security | Designing, deploying, monitoring and supporting the network, for the term of the Service | Configuration, monitoring, logging, alerting, incident investigation; where guest WiFi is provided, capture of sign-in data | Device identifiers and MAC addresses, IP addresses, connection and traffic logs, sign-in details for guest access, security alert data | The Customer's staff, and users of its guest network |
| SEO and digital marketing | Delivering marketing services, for the term of the Service | Access to the Customer's analytics, advertising and social accounts; audience and campaign management | Names, contact details and identifiers within the Customer's marketing lists and platform audiences, analytics identifiers | The Customer's customers, prospects and website visitors |
| Solar, battery storage and EV charging | Surveying, installing, commissioning and (where agreed) monitoring the system, for the term of the Service | Registration of equipment, commissioning records, notification to the network operator and certification bodies, monitoring-platform administration | Names, installation addresses, contact details, meter and supply numbers, generation, consumption and charging records | The Customer, its staff and the occupants or users of the Site |
Retention. The Supplier retains personal data only for as long as needed to provide the Service, and on termination deletes or returns it under clause 6.2(f), save for records it must keep by law or for the defence of legal claims. CCTV footage is retained by the Customer's system for the period the Customer sets; the Supplier does not set the retention period.