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HMW

Website Terms of Use

If you cannot agree to these terms, please do not use this website.

Privacy Policy

Our site does not automatically capture or store personal information, other than logging the user's IP address and session info such as the duration of the visit and the type of browser used. This is recognised by the Web server and is only used for system administration and to provide statistics which we use to evaluate use of the site.

We do not use cookies for collecting user information from the site.

You may be asked for personal information if you want to take advantage of specific services we offer such as on-line forums and subscription to our newsletter. In each case we will only use the personal information you provide to deliver the services you have told us you wish to take part in.

This privacy policy only covers the Websites owned or administered by HMW Computing listed in the sidebar of this page. Other links within this site to websites not so listed are beyond the control of HMW and are not covered by this policy.

Definitions

The technical terms used in the terms and policies on this page
Browser
Used to locate and display Web pages via a software application. The most popular ones are Firefox, Chrome, Opera and Internet Explorer (although this will be replaced by Spartan in the next release of windows).
Cookie
Message given to a web browser by a web server. The message is then stored by the browser in a text file called cookie. Each time the browser requests a page from the server, this message is sent back. A cookie's main objective is to identify users and personalise their visit by customising web pages for them for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.
IP (Internet Protocol)
All networks connected to the internet speak IP, the technical standard which allows data to be transmitted between two devices. TCP/IP (Transmission Control Protocol/Internet Protocol) is responsible for making sure messages get from one host to another and that the messages are understood.
IP address
If you are connected to the Internet you have one, for example it may look something like this 198.184.98.9
Web Server
The computer which delivers (serves up) web pages to your computer

Ownership

HMW Computing

HMW is a limited company registered in England and Wales.

Registered office: Martlet House, Unit E1, Yeoman Gate, Yeoman Way, Worthing, West Sussex, BN13 3QZ


Telephone:
Registered number:
VAT Number:
Contact Email

+44-(0)207-112-5423
1591844
649-7210-18
admin@hmwcomputing.co.uk

Terms and Conditions

These are our standard terms and conditions, which we reference in all Formal Quotations to Clients for small items of work. In the following paragraphs HMW Computing is referred to as
"The Company" and such expression shall include any members of the HMW Computing Limited group of companies for the time being and from time to time, its officers, employees and agents.

Additionally we are also bound to maintain the Professional Contractors Group Code of Ethics in all our dealing with our Clients.

Services

The Company will provide services as agreed in a Formal Quotation or Schedule, so far as is reasonably practicable within any agreed time-scale, and with all proper skill and care. As agents of an independent professional organization, The Company's staff will not be subject to direction or control, and The Company itself accepts the responsibility for the proper provision of Services. The Company is responsible for maintaining reasonable continuity in personnel providing Services on its behalf, but reserves the right in its sole discretion to make changes from time to time; no additional charge will be made for any handover period, and The Company remains responsible for Services performed by any individual on its behalf.

Where the Company's charges are on a time and materials basis, or where any individual who will provide Services is named in a Schedule, it is the Company's responsibility to ensure that the relevant skills and experience of any replacement personnel remain commensurate with the fee rates charged.

Copyright and Intellectual Property Rights

'Deliverable' means a work produced by The Company in the course of Services for delivery to the Client. Where pre-existing works are incorporated in any Deliverable, the Client has non-exclusive irrevocable world-wide royalty free licence to use modify and distribute such pre-existing works, but only as part of the Deliverable; all other rights in the pre-existing works are reserved. Subject thereto, all rights in any Deliverable pass to the Client upon payment of all fees due to The Company which relate to that Deliverable, and The Company will execute a formal assignment thereof on request by the Client.

The Company will indemnify the Client against infringement of third party rights by a Deliverable, provided that the Client notifies The Company of any relevant third party rights promptly on such rights becoming known to or suspected by the Client.

Charges and Payment

Estimates are subject to change if based on incorrect information provided by the Client, or if any specified dependencies / facilities are not available on time, or if any equipment required to be provided by the Client fails to operate correctly (save where the engagement itself is for the repair thereof). All sums due shall be invoiced and paid as specified in the Formal Quotation or Schedule. The Client will pay The Company's invoices within 30 days, plus VAT. Unless otherwise specified, where payment is on a time and materials basis, the Company may invoice monthly. Where payment is due on completion of the work specified in a Schedule, the Company shall prepare a list of detailed requirements for that schedule, together with mutually agreed, reasonable acceptance criteria, and such completion can be assumed when the criteria have been demonstrable met. If any of The Company's invoices becomes overdue, The Company may suspend provision of Services, and any agreed time-scale will be automatically extended; The Company may also terminate an engagement at any time when any payment is more than 7 days overdue.

Termination

Either party may terminate any engagement by one month's written notice to the other, or by immediate written notice if the other is in material breach or if the other becomes insolvent.

Notices

Any notice to be given by either party to the other shall be in writing and may be sent by recorded delivery to the address of the other and shall be deemed to be served 2 days following the date of posting.

Liability

The Company is not liable for any loss or damage in excess of the higher of

  1. £100,000, and
  2. 125% of the total fees payable in

respect of an engagement, except where it may not lawfully exclude or limit liability. Each party expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation is expressly excluded. Neither party excludes or limits liability for death or personal injury.

Force Majeure

If either party is obstructed in performing any of its obligations under a Schedule by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance is suspended and has been so for more than 7 days, either party may terminate that Schedule by immediate written notice.

Non-poaching of staff

Neither party will engage, employ or otherwise solicit for employment any person who during the previous 12 months was an employee, partner, or sub-contractor of the other and with whom such party had material contact in connection with any engagement, until 6 months after the end of that engagement.

Terms

A contract for an engagement formed on the basis of a Formal Quotation or Schedule referencing these terms is governed only by these terms and by no others, except where both parties expressly agree in writing. In particular, it is agreed that any Purchase Order or other such document from the Client is intended for the Client's own administrative purposes only, and that notwithstanding its wording, neither a Purchase Order nor its content will have any legal effect. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

Confidentiality

Unless the parties have signed a separate agreement containing more specific provisions in relation to confidentiality (in which case the provisions of such agreement will continue to apply in lieu of this clause), each party will keep any confidential information disclosed by the other secret. Neither party may use or take advantage of any such confidential information without the discloser's consent, even after the end of an engagement. This obligation does not apply to:

  1. information known to the receiver before disclosure by the other party, or
  2. information which becomes public knowledge without fault on the part of the receiver, or
  3. disclosures made to the extent required by some applicable legal or regulatory requirement.

Status

The Client is a customer of a business undertaking carried on by The Company, and it is not the intention of either to create or allow to arise any employee/employer relationship.

Each party solely retains all the responsibilities and rights of an employer towards and in relation to its own employees. Neither party seconds its employees or any of them to the other, nor is it the intention of either party to have or create an employee/employer relationship with the other. Each party will indemnify the other against any claims brought by or in relation to its own employees, whether such claims relate to employment, tax, national insurance, or otherwise.

No third party rights are intended to be conferred or created by this Agreement or any Schedule. In this term, "employees" includes, so far as the context permits:

  1. in the case of an LLP or partnership, its partners and employees
  2. in the case of a company, its officers and employees.

Law

These terms are governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.