Terms and conditions of business
All purchases of products and services from Compete366 are governed by the Compete366 Terms of Business:
1. Parties. These terms, together with the Order Documents, govern the purchase of products and services from Compete366 Limited, Heathmans House, 19 Heathmans Road, London, SW6 4TJ (“Compete366”) by the party named within such Order Documents (“Customer”).
2. Order Documents. “Order Documents” means a purchase order provided by Customer and accepted by Compete366. Order Documents may also include documents which the parties identify as incorporated into that purchase order either by attachment or reference. As applicable, Order Documents can include product lists, hardware or software specifications, service descriptions, warranty information and statements of work (SOWs).
3. Placing an Order. Any purchase order placed on Compete366 by Customer shall be subject to these terms, so an accepted purchase order together with the Order Documents and these terms constitute the contract between Compete366 and Customer for the products or services to which they relate “Contract”.
4. Prices and Taxes. Prices will be as quoted in writing by Compete366 and are exclusive of all taxes, duties, and fees (including installation, shipping, and handling) unless otherwise stated. Compete366 will charge separately for reasonable expenses, for example travel and subsistence costs incurred in providing professional services.
5. Invoices and Payment. Customer agrees to pay all invoiced amounts within thirty (30) days of Compete366’s invoice date. Interest will be charged at the statutory rate of 5% above the Bank of England base rate. Compete366 may suspend or cancel performance of Contracts if Customer fails to make payments when due.
6. Title. Risk of loss of, or damage to hardware products will pass upon delivery to Customer. Unless otherwise stated in a Contract, Compete366 retains full title to all products until full payment is received.
7. Performance & Acceptance. Timescales for delivery of products and services are estimates, although Compete366 will use all reasonable efforts to provide products and services in a timely manner. Acceptance principles shall be as described in the relevant Contract.
8. Dependencies. Compete366’s ability to deliver products and services will depend on Customer’s reasonable and timely co-operation and the accuracy and completeness of any information from Customer needed to enable Compete366 to deliver the products and services. Customer agrees to ensure that its site and infrastructure will be prepared and made ready to receive the products and services as described in the relevant Contract. Compete366 reserves the right to charge on a time and materials basis for any additional work required as a result of Customer failure to meet any of its obligations.
9. Managing Performance & Change. Each party will appoint a project representative to serve as the principal point of contact in managing the delivery of products and services, and in dealing with issues that may arise. Requests to change the scope of products or services will be documented and signed by both parties as an amendment to the relevant Contract.
10. Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under any Contract. Customer grants Compete366 a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for Compete366, its employees and agents to perform and deliver products and services. If documentary deliverables (for example reports, specifications, system design documents) are created by Compete366 specifically for Customer and identified as such in Order Documents, Compete366 hereby grants Customer a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.
11. Confidentiality. Information exchanged between the parties will be treated as confidential if identified as such at disclosure or if the nature of the information (or circumstances of disclosure) would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under a Contract, and shared with employees, agents or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorised use or disclosure for 3 years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: i) was known or becomes known to the receiving party without obligation of confidentiality; ii) is independently developed by the receiving party; or iii) where disclosure is required by law.
12. Limitation of Liability. Compete366’s liability to Customer under each Contract is limited to the amount paid and payable by Customer to Compete366 for products and services provided under the relevant Contract. Neither Customer nor Compete366 will be liable for: a) lost revenues or profits, downtime costs, loss or damage to data (in each case whether arising directly or indirectly); and b) indirect, special or consequential costs or damages. This provision does not limit either party’s liability for death or personal injury caused by their negligence, for fraud, for wilful repudiation of a Contract, or any liability which may not be excluded or limited by law.
13. Disputes. If Customer is dissatisfied with any products or services purchased under these terms and disagrees with Compete366’s proposed resolution, the parties will use all reasonable efforts to reach an amicable resolution without prejudice to the right to later seek a legal remedy.
14. Matters Beyond Control of either Party (Force Majeure). Neither party will be liable for delays or non-performance arising due to causes beyond its reasonable control, except for payment obligations.
15. Termination. Either party may terminate the relevant Contract on written notice if the other fails to meet a material obligation and fails to remedy the breach within a reasonable period after being notified in writing of the details. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate Contracts and cancel any unfulfilled obligations. Any terms in a Contract which by their nature extend beyond termination or expiration of such Contract will remain in effect until fulfilled.
16. General. Each Contract represents the entire understanding with respect to its subject matter and supersedes any previous communication or contracts that may exist. Each Contract will be governed by the laws of England and Wales, and subject to the jurisdiction of the courts of England and Wales.
Contact our Microsoft specialists
Phone or email us to find out more – or book a free, no-obligation call with our technical consultants using the contact form.
“It’s great to work with the Compete366 team, the team members are really knowledgeable, helpful and responsive. No question is too difficult for them. They have really helped us to manage our Azure costs and ensure we have the right environment. When we bring a new customer on-board we can scale up immediately via the Azure portal and quickly make environments available to our customers.”
“We also find that there’s never a heavy sales pitch from them – they are technically focused and recommend what’s right for us.”
“We had great support from the Compete366 AVD expert, who was really helpful, and guided me through options to tackle issues that arose.”
“The great thing about our AVD set up is that we have a custom set up for each project which Compete366 showed me how to do. And with the scalability and flexibility of AVD – we can meet clients’ expectations and get project users up and running more quickly.”
“We were immediately impressed with the advice that the Compete366 specialists in Azure Architecture were able to provide. This was all new to us and we really needed some external expertise that we could use to get our questions answered. The beauty of working with Compete366 is that we transferred our Azure consumption to them, and at the same time received all of their advice and guidance free of charge.”
“Working with Compete366 has been like extending our own team – they are extremely and easy to work with. Right from the outset, it was clear what was on offer – everything was presented to us in a straightforward and uncomplicated way. They also provided just the right level of challenge to our developers and saved us time and money by suggesting better ways to implement our infrastructure.”
“Compete366 were able to help us leverage some useful contacts in Microsoft. We really value the expert advice and guidance that they have offered us in setting up a highly scalable infrastructure. We are also setting in place a regular monthly meeting which will allow us to further refine our architecture and ensure we keep on track as our requirements grow and change.”
“I have been delighted with the migration, where my team worked very hard, supported by expert advice from Compete366, and achieved everything in the timescale we had set out. Compete 366 made sure that we didn’t make any expensive mistakes, and guided us through the process”
