CUSTOMER OBLIGATIONS

  • Customer will; i) Provide access to the devices reasonable notice and during Business hours 09:00 to 5.00pm. ii) Appoint a representative as a main point of contact and make Customer personnel available as reasonably iii) Operate the Products in accordance with manufacturer’s documentation.
  • Customer shall be solely responsible for the Products, including loss and damage whilst they are on or at their property.
  • Customer is responsible for delays arising out of or about Customer’s failure to fulfil its obligations.
  • The customer must allow us to install the Stacked Remote Monitoring Tool (RMT) (TeamViewer) which allows it to remotely manage the device sand carry out remote diagnostics and triage.
 
 PRICE, PRICING CONDITIONS AND PAYMENT
 
    • Prices for the goods will be specified in Appendix 1. All prices are net prices excluding
    • In advance of the solution been deployed a 25% deposit must be paid or in the case of customers selecting our DaaS option, the relevant finance paperwork must be completed and returned.
 

WARRANTIES

 

  • Stacked will support all software and hardware deployed as part of the contract for the duration of the support contract.
  • In the event of any hardware failures whilst under the manufacturer’s warranty, Stacked will replace the defective hardware on behalf of the manufacturer. Outside of the manufacturer’s warranty any parts or replacement of hardware is chargeable.
  • The above warranty does not apply to defects resulting from: i) Customer or third-party media, software (outside of those installed by Stacked to provide the service as outlines in the schedule) , ii) improper site or environmental conditions, iii) Servicing performed by Stacked or authorized by Stacked or the manufacturer, iv) Customer’s non-compliance with the Product and Stacked-Product specifications or this Contract, v) virus, infection, worm or similar malicious codes not introduced by Stacked, or vi) abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond Stacked reasonable control. Stacked is not obligated to provide hardware or software support service for these defects and if required to will charge at a rate of €125 per hour on site plus any parts
  • Services such as, but not limited to, the following are excluded from this support contract; i) demonstrations or training of the products other than those completed after the immediate deployment of the solution; ii) troubleshooting as a result of interconnectivity or Wi-Fi issues; iii) support for network related problems; iv) services required due to failure of the Customer to incorporate any system fix, repair, patch, or modification provided to the Customer by Stacked; v) services required due to failure of the Customer to take avoidance action previously advised by Stacked is not obligated to provide hardware or software support service for these requests and if required to will charge at a rate of €125 per hour on site plus any parts required.
  • Service calls that are a result of improper use of the device or because of the users own network/software issues are chargeable to the customer at €125 per hour on site plus any additional costs relating to
 
 LIMITATION OF LIABILITY
In no event, will Stacked or any employee, agent, or sub-contractor of Stacked be liable to the Customer for:
 
  • loss of actual or anticipated profits
  • loss of goodwill, business, or revenue
  • loss of contracts
  • loss of use or downtime
  • loss of anticipated savings
  • loss of or corruption to data (including software) or other information, damages relating to Customer’s procurement of substitute services or damages for software restoration; and
  • any indirect or consequential damage.
 
 TERMINATION of THE SERVICE CONTRACT
 
  • The Customer may terminate this contract only after the agreed period or any subsequent anniversary of that date once formal notice of 90 days has been given in writing.
  • Stacked may suspend or terminate this Contract by written notice to the Customer if Customer fails to pay any sum due to Stacked by the due date. A period of 90 days from dispute date will be allowed for resolution prior to any termination.
  • Upon termination of the contract, the customer will pay Stacked for all services performed up to the termination.
  • Stacked has the right to subcontract provision of the Services to Stacked authorised service providers subject to the Customers written approval.
  • The Contract is made under and will be construed in accordance with the laws of Ireland and the Parties submit to the jurisdiction of the courts of Ireland in relation to all matters arising out of this
  • Neither Party shall publicize or disclose to any third party without the consent of the other Party, the price of the terms of the contract