Terms of service

Jamie Castle trading as Clarwyn IT, a sole trader based in the UK ("Clarwyn IT", "we", "us"; Jamie Castle personally carries out all work). Address: 20 Sidbury Hill Avenue, Tidworth, Wiltshire SP9 7JN. Email: hello@clarwyn.co.uk.

These terms apply when a business ("you") buys services from us. Our services are for businesses only, not consumers.

1. How a contract is formed

There are two ways to buy. (a) Fixed packages ordered online: the package description on the packages page at the time you order is the "Statement of Work", and a contract is formed when we confirm your order in writing. Sending an order does not by itself form a contract. (b) Everything else: we send you a written quote (the "Statement of Work") describing the work, the price and anything we need from you, and a contract is formed when you accept it in writing (by email, or online). The quote, these terms and the data processing agreement make up the whole agreement. If they conflict, the quote takes priority for the work described in it.

2. What we'll do

We'll carry out the services with reasonable care and skill, in line with good industry practice, within the scope in the quote. Turnaround times are estimates, not guarantees, unless the quote says otherwise.

3. What you'll do

• Give us accurate information and timely written replies.
• Give us the access we need through Microsoft's admin tools, and keep your own admin credentials safe.
• Make sure you have the right to let us access the systems and data concerned.
• Buy and keep paying for the Microsoft licences, domains and hardware you need. These stay in your name.
• Keep your own backups unless backup is specifically included in your quote.

If a delay is caused by something you need to provide, timescales move accordingly.

4. Changes to scope

Anything not in the quote or package description is extra work. We'll quote for it in writing first, and won't start it until you approve. For a package ordered online, we'll check your order and set-up details before confirming it. If the work needed is more than the package covers, we'll tell you in writing before invoicing, and you can choose to pay the difference or cancel the order at no cost. If this only becomes clear after you have paid, you can pay the difference or have a full refund.

5. Prices and payment

• Fixed packages ordered online are invoiced once we confirm your order in writing. Other one-off work is invoiced once you accept the quote. Both are payable by bank transfer before work starts.
• Clarwyn Care is invoiced monthly in advance and payable within 7 days by bank transfer.
• We are not currently VAT registered. If we register, VAT will be added from the date of registration and we'll give you written notice.
• For late payment we may pause work, and we may claim statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
• We may change Clarwyn Care prices with 30 days' written notice.

6. Clarwyn Care plans

Plans run month to month. Either of us may end a plan with 30 days' written notice. The plan's cover, support hours and reply targets are set out on the packages page and in your quote. Reply targets are for a first written response, not a fix. Unused time doesn't roll over.

7. Cancelling one-off work

You can cancel before work starts for a full refund. If you cancel after work has started, we'll refund the price less a fair amount for work already done, which we'll explain in writing.

8. Third-party services

Microsoft 365 and other third-party services are provided by those companies under their own terms. We're not responsible for their outages, changes, pricing or data handling, but we'll help you deal with them within your plan.

9. Confidentiality and data

Each of us will keep the other's confidential information private, except where disclosure is required by law. Where we process personal data on your behalf, the data processing agreement applies.

10. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law.
• We're not liable for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss.
• Our total liability under each contract is limited to the total fees you paid us under that contract in the 12 months before the event giving rise to the claim.

11. Ending the relationship

Either of us may end the contract immediately in writing if the other seriously breaches it and doesn't put things right within 14 days of being asked, or becomes insolvent. When the contract ends, we'll provide a written handover, remove our access and return or delete your data as set out in the data processing agreement.

12. Things outside our control

Neither of us is responsible for delays caused by events outside our reasonable control.

13. General

These terms may be updated from time to time. The version in force when you accept a quote applies to that quote. Nobody else has rights under this contract. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.