TERMS AND CONDITIONS OF BUSINESS IN RELATION TO PC & MAC SALES, PC & MAC REPAIRS, NETWORKING & PERIPHERAL SALES.

Use of site

AEM Systems authorises you to view and download (Where allowed) the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not in any way modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials

Disclaimers

AEM Systems obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. AEM Systems further does not warrant the accuracy and completeness of the materials, software or services at this Site. AEM Systems may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and AEM Systems makes no commitment to update the materials and services at this Site..

Limitation of liability

IN NO EVENT WILL AEM Systems, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AEM SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU

Links to third-party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. AEM Systems have not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, AEM Systems does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Trademarks

Microsoft, Windows, and Windows NT are UK & US registered trademarks of Microsoft Corporation.
Celeron, Celeron Inside, Centrino, Centrino Logo, Core Inside, Intel, Intel Logo, Intel Core, Intel Inside, Intel Inside Logo, Intel Viiv, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, Xeon and Xeon Inside are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United Kingdom and other countries.

CLIENT.
In these terms “client” shall mean the client whose name and details appear on quotations or invoice or as set out in any agreements.

COST VARIATION.
Quotations are valid for 60 days; thereafter they will be subject to revision and confirmation.

VALUE ADDED TAX.
All prices quoted are NOT subject to VAT.

PRELIMINARY WORK
All work carried out, including diagnostic, investigative and fact-finding at the client’s request will be charged.

DELIVERY AND PAYMENT.

a. Payment will become due immediately upon completion and/or delivery. Should expected delivery/completion be agreed and necessitate overtime or other additional cost, an extra charge may be made.

b. Should work be suspended at the request of or delayed through any default of the client AEM Systems shall then be entitled to payment for work already carried out and material specifically ordered.

INVOICE DISPUTES
Disputes arising from any invoice must be made in line with AEM Systems Complaints Procedure. A complaint must me made by using our online contact from, listing invoice number & date of issue & explanation of complaint, AEM Systems will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay

Dishonoured Cheques.
Bank charges incurred by AEM Systems if cheques issued in payment to AEM Systems are dishonoured will be charged on to the issuer with an administration fee of £20.

Credit arrangements
Credit accounts are neither offered nor entered into by AEM Systems. All invoices are due for settlement in full by the due date.

Outstanding Accounts.
An account will be defined as outstanding after a lapsed time of the stated amount of days listed on the invoice from date of invoice. AEM Systems reserves the right to charge compound interest on any outstanding accounts at the rate of 2 % over the bank of England base rate per day for each day o remains outstanding.

Legal Costs.
AEM Systems reserves the right to charge any legal and other costs incurred in placing any outstanding accounts into the hands of our Trade Collection Agency or solicitors.

Ownership.
Until payment in full, the goods shall remain the property of AEM Systems but the risk therein and all liability to third parties in respect thereof shall pass to the client on delivery.

RETURNED GOODS.

a. AEM Systems shall not accept returned goods unless such return has been authorised in writing and the goods are received by AEM Systems in good condition. AEM Systems reserves the right whether to accept the return of the goods or to rectify the goods or to issue a Credit Note.

b. The client shall unless otherwise stated be responsible for the cost of carriage and insurance in respect of all goods returned by the client to AEM Systems for service or credit. Goods shall be at the risk of the client until actual receipt by AEM Systems.

c. AEM Systems reserves the right to make a handling charge for returned goods of up t0 20% of the value of the goods returned.

LIABILITY.

a. AEM Systems shall not be liable for indirect loss or third party claims occasioned by delay in completing the work.

b. Where work is defective for any reason, including negligence, AEM Systems liability (if any) shall be limited to rectifying such defect(s).

c. Whilst AEM Systems shall undertake all efforts and diligence to preserve, maintain and retrieve any information stored upon any PC, hard drive or other storage media AEM Systems shall not accept responsibility whatsoever for any loss, damage or corruption to said data. It is the sole responsibility of the client to ensure that any and all data is copied and stored in a safe location to their satisfaction.

STORAGE.
AEM Systems reserve the right to charge storage/handling for all items left in the care of AEM Systems at the clients request for a duration of greater than 28 days.

CLIENTS PROPERTY.
Client’s property and all property supplied to AEM Systems by or on behalf of the client will be held, worked on and carried at client’s risk.

GUARANTEE.
AEM Systems guarantees work carried out for a period of 28 days from completion, for labour and 12 months for all parts ( unless otherwise stated), provided that this guarantee shall not apply to defects resulting from misused or faulty workmanship by the client, its employees and sub-contractors or any other third party. This guarantee applies only to equipment comprised in the work. AEM Systems also reserve the right to withhold this guarantee should AEM Systems consider that upon completion of the work requested the computer(s) may be faulty and/or require(s) further work as advised to the client upon completion by AEM Systems. In cases where the manufacturer has set up a direct warranty relationship with the End User then that procedure will be applied over and above the 12 month stated AEM Systems warranty.

MATERIAL SUPPLIED BY THE CLIENT.

a. AEM Systems may reject any parts, software and/or configurations that appear to AEM Systems to be unsuitable. Additional costs may be incurred if materials are found to be unsuitable during work and may be charged to the client.

b. Where materials are so supplied or specified, responsibility for defective work will not be accepted by AEM Systems unless this is due to AEM Systems failure to use reasonable skill and care.

General Lien.
Without prejudice to other remedies, AEM Systems shall in respect of all unpaid debts due from the client have a general lien on all goods and property in AEM Systems possession (whether worked on or not) and shall be entitled on the expiration of 28 days notice to dispose of such goods or property as AEM Systems thinks fit and to apply any proceeds towards such debts. The goods shall remain the property of AEM Systems until they are paid for in full.

INDEMNITY.
The client shall indemnify AEM Systems against all actions suits, claims, demands losses, charges, costs and expenses which AEM Systems may suffer or incur in connection with a breach of the client’s obligations, undertakings, representations and warranties under this agreement.

ILLEGAL MATTER.

AEM Systems shall not be required to install any software, which in AEM Systems opinion is or may be of an illegal nature.

AEM Systems shall be indemnified by the client in respect of any claims, costs and expenses arising out of any illegal, unlicensed or libellous matter copied, installed or distributed for the client or an infringement of copyright, patent or design.

AVAILABILITY OF GOODS.
AEM Systems will use best endeavours to comply with the date named for despatch/delivery or completion which date is given and intended as an estimate only and is not to be of the essence of the contract.

FORCE MAJEURE.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by AEM Systems or to such variation as necessary as a result of inability to secure labour, materials, or supplies or as a result of any act of God, war, strike, lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond AEM Systems.

LAW.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law of England.

PLACEMENT OF AN ORDER.
This will be taken as implicit acceptance of these terms and conditions, no other terms and conditions may be taken to apply to transactions with AEM Systems unless explicitly agreed to in writing by AEM Systems.

CONFIDENTIALITY.
All information of a technical or business nature disclosed by the client shall be regarded by AEM Systems as confidential and shall only be used for the purpose for which it was disclosed and as strictly necessary on a need to know basis. Such information shall not be disclosed to any third party without prior written consent from the client.

Website Design Terms & Conditions

By placing an order with AEM Systems, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client : The company or individual requesting the websited design services of AEM Systems.

AEM Systems s: Primary designer/site owner & employees or affiliates.

General
AEM Systems will carry out work only where an agreement is provided either by email, telephone, postal mail or fax. AEM Systems will carry out work only for clients who are 18 years of age or above. An 'agreement' is deemed to be a written or verbal contract between AEM Systems and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, AEM Systems cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of AEM Systems until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by AEM Systems remain the copyright of AEM Systems and may only be commercially reproduced or resold with the permission of AEM Systems.

AEM Systems cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief, verbally or in writing will be carried out at the discretion of AEM Systems and where no charge is made by AEM Systems for such additions, AEM Systems accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to AEM Systems all materials required to complete the site to the agreed standard and within the set deadline.

AEM Systems will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

AEM Systems will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

AEM Systems will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

AEM Systems will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 25% is required with any project before any design work will be carried out. This figure is higher for e-commerce sites and is non-refundable.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development
AEM Systems cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by AEM Systems remain the copyright of AEM Systems and may only be commercially reproduced or resold with the permission of AEM Systems.

Where applications or sites are developed on servers not recommended by AEM Systems, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by AEM Systems before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, AEM Systems will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
AEM Systems will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. AEM Systems can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst AEM Systems recommends hosting companies to host websites, and email, no guarantees can be made as to the availability or interruption of this service by AEM Systems cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

AEM Systems reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the AEM Systems policy that any outstanding accounts for work carried out by AEM Systems or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with AEM Systems.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If invoices are not settled within the specified terms, a daily interest rate of 2% over the bank of England base rate will be applied and interest will be added daily.

If accounts are not settled or AEM Systems have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice AEM Systems Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by AEM Systems should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
AEM Systems will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to AEM Systems, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.