Terms and Conditions for UK1TECH (Giotech Limited)
1. Application
These Terms and Conditions ('Terms') shall apply to the provision of services or the sale of goods ('Services' or 'Goods') detailed in the quotation sent by UK1TECH, a brand name used by Giotech Limited, a company registered in England and Wales under company number 05087427, whose registered office is at 4 Poole Road, Hornchurch, Essex, RM11 3AS ('Supplier'). No other terms or conditions shall apply unless agreed upon in writing between the Supplier and the Client. In the event of a conflict between these Terms and any specific terms agreed upon by both parties, the specific terms will take precedence.
2. Interpretation
'Business day' means any day other than a Saturday, Sunday, or a bank holiday. Headings are for convenience only and shall not affect interpretation. Words in the singular shall include the plural, and vice versa.
3. Services and Goods
This Privacy Policy explains how we collect, use, store, and protect your personal data and outlines your rights under the UK GDPR and other applicable privacy laws. It applies to all individuals who visit our website, use our services, or engage with us in any capacity, including clients, website visitors, and potential customers from outside the UK.
3.1. Services
3.1.1.
The Supplier shall provide the Services as outlined in the quotation, with effect from the commencement date stated in the quotation and in consideration of the agreed Fees ('Fees').
3.1.2.
The Supplier shall use reasonable care and skill in performing the Services, ensuring compliance with all relevant codes of practice, industry standards, and applicable laws.
3.1.3.
The Supplier shall use its best endeavours to complete the Services within the agreed timeline. However, time will not be of the essence in the performance of these obligations.
3.1.4.
Payment for ongoing services is to be made by the 1st of each month in advance, prior to services being rendered.
3.1.5.
Labour included in the quotation is an estimate and may vary depending on the work being undertaken.
3.2. Goods
3.2.1.
No order submitted by the Client shall be deemed accepted by the Supplier unless confirmed in writing by an authorised representative of the Supplier.
3.2.2.
Once accepted, the Client may not cancel an order unless agreed upon in writing by the Supplier, with the Client indemnifying the Supplier against all losses incurred due to the cancellation.
4. Client Obligations
4.1.
The Client shall provide the Supplier with access to all relevant information, materials, properties, and matters required to enable the Supplier to perform the Services.
4.2.
The Client shall ensure that all necessary permissions, consents, licences, and approvals are obtained to enable the Supplier to perform the Services.
4.3.
The Supplier shall not be liable for delays or failures to perform the Services where such delays are caused by the Client’s failure to comply with these obligations.
5. Fees and Payment
5.1.
The Fees for the Services and Price for the Goods are as set out in the quotation.
5.2.
The Supplier is entitled to recover reasonable incidental expenses for materials, third-party goods, and services provided in connection with the Services.
5.3.
The Client shall pay for any additional services not specified in the quotation according to the Supplier's then-current hourly rates or as agreed.
5.4.
The Fees/Price are exclusive of VAT and other applicable taxes or levies.
5.5.
The Client may be required to pay a non-refundable deposit ('Deposit') as detailed in the quotation prior to service commencement or goods purchase.
5.6.
If the Deposit is not paid as per sub-Clause 5.5, the Supplier may withhold the provision of Goods/Services or terminate the agreement.
5.7.
The Deposit shall be non-refundable unless the Supplier is at fault for failing to provide the Services.
6. Quotation, Contract, and Variation
6.1.
Acceptance of the quotation constitutes written acceptance of the Client’s order for Goods/Services and acceptance of these Terms by both parties.
6.2.
The Supplier agrees to enter into a contract for the provision of Services upon the Client’s written acceptance of the quotation.
6.3.
The quotation is valid for 7 days from the date shown unless withdrawn earlier by the Supplier.
6.4.
Either party may cancel the order before the Client’s acceptance.
6.5.
Any variation to the Services must be notified in writing by the Client, with additional costs being invoiced to the Client.
6.6.
The Client agrees and acknowledges that any quotations for services outside of the contract must be approved via the Supplier’s platform, HALO.
6.7.
If the Supplier has to change the Services due to circumstances beyond its control, the Supplier will notify the Client immediately. The Supplier shall seek to offer arrangements as close to the original as possible in such circumstances.
7. Payment
7.1.
The Supplier will invoice the Client for the Fees upon completion of Services or purchase of Goods or as specified in the quotation.
7.2.
The Client shall pay the Fees within 30 days of the invoice date or as otherwise agreed between the Supplier and the Client.
7.3.
Payment is of the essence, and failure to pay within the specified period will result in the Supplier charging interest at 8% per annum above the Bank of England base rate.
7.4.
If payment is not made within the agreed period, the Supplier may suspend further provision of the Services or cancel any future services.
8. Sub-Contracting
8.1.
The Supplier may sub-contract the provision of Services.
8.2.
The Supplier ensures that any sub-contractors engaged are qualified and skilled in the relevant practices and will not pass any additional charges incurred onto the Client.
8.3.
The Client agrees and acknowledges that the Supplier cannot and does not commit to ensuring that the services provided by a Customer Third-Party Provider are performing (or will perform) to any particular standard or service level.
9. Termination
9.1.
The Supplier may terminate the provision of Services immediately if:
9.1.1.
The Client commits a material breach of these Terms.
9.1.2.
The Client is subject to insolvency proceedings or liquidation.
9.1.3.
The Client fails to make payment in accordance with the agreed terms.
9.2.
Services may be cancelled once the minimum contractual period has passed, with the relevant notice period according to the services being provided.
10. Intellectual Property and Data Protection
10.1.
The Supplier reserves all intellectual property rights related to the products and Services provided.
10.2.
Personal information will be processed in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. For details on how personal data is handled, please refer to the Supplier’s Privacy Notice on the website.
11. Liability and Indemnity
11.1.
The Supplier shall not be liable for indirect or consequential loss, damage, or any loss of profit in connection with the Services/Goods.
11.2.
The Supplier is not liable for delays due to causes beyond its reasonable control, including delays caused by third-party providers.
11.3.
The Client shall indemnify the Supplier against any loss or damage to equipment caused by the Client or its agents.
11.4.
The Supplier’s liability for death or personal injury caused by negligence will not be excluded.
12. Non-Solicitation
12.1.
Neither party shall employ or contract any employee of the other party for 6 months after the termination of the agreement without written consent.
12.2.
If the Client hires an employee provided by the Supplier, they shall pay a fee of £15,000 or agree to an extended hire period.
13. Force Majeure
Neither party will be liable for failure to perform obligations caused by factors outside their control, such as power failure, industrial action, or natural disasters.
14. Communications
14.1.
All notices must be in writing and signed by an authorised representative of the party giving notice.
14.2.
Notices are deemed delivered when:
14.2.1.
Delivered in person or by courier.
14.2.2.
Sent by email with a successful transmission report.
14.2.3.
Sent by regular mail on the fifth business day.
14.2.4.
Sent by airmail on the tenth business day.
14.3.
Notices shall be sent to the most recent address or contact details provided by the other party.
15. No Waiver
15.1.
No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.2.
No failure or delay on the part of either the Supplier or the Client to exercise any right, power, or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power, or privilege preclude, any other or further exercise of any other right, power, or privilege.
16. Severance
In the event that one or more provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable, that provision or provisions shall be deemed severed from the remainder of these Terms and Conditions, which shall remain valid and enforceable.
17. Law and Jurisdiction
17.1.
These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2.
Any dispute, controversy, proceedings, or claim between the Supplier and the Client relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall under the jurisdiction of the courts of England and Wales.
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