Terms and conditions

These are the Terms & Conditions of service. If you have any questions please Contact Us.

THIS AGREEMENT is made BETWEEN OrbIT IT and the Client.

Performance: All commitments with respect to the timing and scope of a project given to the client by OrbIT IT - whether verbal or written - are made in good faith but are made necessarily in advance of knowing the full scope of the difficulty that may pertain to performance on specific points (for example, un-foreseeable difficulty in obtaining certain information requested by the client). For this reason, whilst OrbIT IT agrees to use its best endeavours to fulfil such commitments to clients on the timing and the scope of consultancy and other projects, we cannot guarantee performance in either respect.

Confidentiality: OrbIT IT agrees to hold all information provided by the client confidential where the client so specifies, save where such information is known to OrbIT IT already, or exists already in the public domain, until, either the information enters the public domain, or OrbIT IT is given the same information by a third party, or is released from its confidentiality requirement by the client, or the client is found in breach of contract with OrbIT IT by a court of law (including non-payment of account) or three years have elapsed - whichever is the sooner. The client agrees to hold confidential all information about OrbIT IT proposal's, fee structures, fees and personnel.

Materials Supplied: OrbIT IT agrees to handle any materials or equipment supplied by the client in a responsible fashion and return them to the client upon request. However, OrbIT IT will not be responsible for any wear or tear occasioned nor for any loss or theft that might occur. All such material or equipment is supplied at the client's own risk and no liability for any financial restitution for any direct or indirect value is accepted nor any consequential loss.

Conflict of Interest: OrbIT IT will decline any third party contract that would create a conflict of interest with the client's previously agreed instructions. OrbIT IT will have the right to resign its contract in such circumstances if, in its judgement, it is unable to proceed with the contract and maintain its fiduciary duty. OrbIT IT shall receive payment in full for hours worked and expenses incurred to the date of disclosure.

Rights of Ownership: OrbIT IT warrants that all personnel, whether full-time employees or not, will be employed on terms that protect the Clients intellectual property rights. Notwithstanding any payments received from the client, all rights of ownership to all materials prepared by OrbIT IT, whether written or not, shall remain the property of OrbIT IT - copyright and distribution rights are reserved by OrbIT IT at its sole discretion, except where these rights are explicitly stated in writing to have been waived or where the contract between OrbIT IT and the client explicitly so provides or where the material is so endorsed by OrbIT IT.

Time Basis for Contracts: Where applicable, activity time is calculated inclusive of travel time from the prior non-client activity (such as from the consultant's home, office, or third party premises). Where the unit of activity is by the hour, all travel, office, administrative, preparatory, production and telephone time in addition to actual client meetings and external interviews, are chargeable at the agreed hourly rate for the individual concerned.

Expenses: Expenses are reimbursable immediately and the client accepts that they are not subject to any credit terms or delayed payment clauses that may relate to some or all of our professional fee. Allowable expenses are charged to the client at the gross invoice value. Expenses will be charged inclusive of any sales taxes. Any additional charge for incidental expenses such as telephone, fax, copies of client commissioned reports, and presentation materials would normally be waived, except where such costs represent a significant proportion of the project value.

Cancellation Rights: The contract shall be regarded as a whole unless there are break points within it agreed in advance or it is divided into stages or where it is subject to periodic renewal. Where no such division is agreed in advance and stipulated in the contract, the client shall be liable for the totality of the value of the contract - including all expenses incurred to the date of cancellation - whether or not the client wishes the work to be completed.

Payment Terms: The client agrees to be bound by the payment terms stipulated in the contract. If the client fails to make any final payment without giving notification of due cause, then OrbIT IT will withhold delivery of any final reports or configurations and will not be responsible for any inconvenience, loss or damage so caused. The client agrees to pay all government taxes and duties, regardless of origin, that may apply to all payments to OrbIT IT. OrbIT IT shall be entitled to charge interest at the rate of 10% per month on all amounts that remain unpaid 30 days after the agreed payment date.

Liability for Advice Given: OrbIT IT provides information, advice and services in good faith based upon information available at the time. We do not warrant the accuracy of information provided. It is for the client to decide whether or not to accept our advice in making his own management decision.

Limitation of liability: Without prejudice to other more restrictive limitations elsewhere in this contract, liability on the part of OrbIT IT is limited to the value of the contract with the client or the value of the loss whichever is the smaller. OrbIT IT accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect.

Force Majeure: Whilst OrbIT IT agrees to use its best endeavours to perform the contract for the client as specified, OrbIT IT will not be responsible for any delays or failure to complete the contract which are beyond control and which could not have been reasonably predicted.

Integration: The client agrees that all of the above terms form part of the contract between OrbIT IT and the client. OrbIT IT. Any work carried out by OrbIT IT will be invoiced by OrbIT IT.

The use of any services from OrbIT IT indicates an agreement to these terms and conditions.