Terms and conditions

  • For the purpose of these terms and conditions I Doc Solutions (uk) Ltd is IDS

    1. Limitation of Liability

    In the event of the client sustaining any loss due on whole or in part to IDS’s equipment failure, program or operator error then IDS’s liability shall be limited to the cost of reprocessing the Client’s data and providing acceptable results. Save as aforesaid IDS shall not be liable for any delay, loss or damage however arising out of this Agreement nor for any consequential losses the Client may suffer.

    2. Accuracy of results

    All parts of any project must be signed off as correct before commencement. This is the client’s responsibility. When the specifications do not include verifying or checking and balancing to audited control figures the Client agrees to accept the unverified results as complete and satisfactory.

    3. Error or omission in specification

    The client is responsible for confirming that IDS’s job specification is correct. The client is responsible for signing the job specification to authorise the job. Failure to do so will delay the work. All delays and costs resulting from a failure or delay for this proper authorisation to be provided will be the responsibility of the client. All modifications to the job where specification has already been agreed will need to be authorised in writing by the client. Failure to do so will be the responsibility of the client. Any work resulting from a change to the agreed specification by the client will be charged at IDS’s standard hourly rate. Where IDS undertakes programming, or program modification, for a client based on the client’s specification, no responsibility will be taken for any errors or omissions in that specification. Any additional work resulting from such errors or omissions will be chargeable, over and above the quoted figure, at IDS’s current rates.

    4. Transport of Data

    At the request of the client, IDS may collect and deliver the client’s media and/or documents from the client’s premises for which service IDS may charge. During the course of such collection or delivery to or from the client, all the client’s materials shall be at the client’s risk. IDS shall not be liable for any delay, loss or damage arising therefrom nor from any consequential losses incurred by the client.

    5. Insurance

    It is the customer’s responsibility to ensure that there is adequate insurance cover for the loss or destruction of documents in transit or at IDS’s premises.

    6. Client’s Documents

    Unless otherwise agreed client’s documents will be retained by IDS for a period of 28 days following completion of scanning. They will then be commercially destroyed. On occasions when the client requires documents to be returned, these will be returned in sequence, but where they have been removed from files they will not be refiled.

    7. Client Satisfaction

    If the client is dissatisfied with the quality of the work undertaken by IDS, the client will notify IDS within 28 days of receipt of their electronic files in writing stating the reasons for this. The electronic files will be deemed to be accepted once 28 days has elapsed from the date of delivery.

  • 8. Invoicing and settlement

    Payment is to be made within thirty (30) days from the date of the invoice. IDS reserve the right to charge interest at the rate of one percent per month on any Invoice outstanding beyond thirty (30) days where that invoice is not the subject of a valid query, such query to have been notified within 14 days of Invoice date. Whilst any invoice remains outstanding the data/deliverable product remains the property of IDS.

    9. Termination

    Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms. If this Agreement, or any supplement to the Agreement, is terminated by IDS as a result of IDS ceasing to trade, IDS shall make available to the Client, free of charge, all programs, documentation and files necessary for that client to obtain continued service from another supplier. If either party wish to terminate the Services contract/order or suspend its operation they must do so by giving 30 days’ prior notice in writing to the other at any time. Termination or suspension under this clause shall be without prejudice to any rights that may have accrued for either of us before termination or suspension and all sums due to us shall become payable in full when termination or suspension takes effect.

    10. Data protection

    IDS warrants that they will duly observe all their obligations under the Data Protection Act, which arise in connection with the provision of the Services. For the purposes of marketing or publicising or selling our Services we may wish to disclose that we have performed work (including the Services) for you, in which event we may identify you by your name and we may indicate only the general nature or category of such work (or of the Services) and any details which have properly entered the public domain.

    11. Confidentiality

    Confidential information shall mean all information identified in writing as being confidential, which is obtained from the Customer by IDS , or from IDS by the Customer or is generated by IDS in connection with this Order, other than information which becomes generally available in the public domain other than by the unauthorised actions of either of the parties to this Order; or which has or may come into the possession of one party otherwise than in breach of a duty of confidence to the other party; or which is already in the possession of a party with the right to disclose. Each party must treat all such confidential Information as it would treat its own confidential information and must not, without the previous written consent of the other, use, publish or disclose to any person, nor cause nor permit any of its servants, agents or sub-contractors to use, publish or disclose any confidential information otherwise than for the performance of its duties under this Order and these conditions. The Customer shall not disclose pricing as stated hereunder to any third parties without the express written consent of IDS The confidentiality obligations in this clause shall survive the termination of this Order.

    12. Circumstances beyond our and your control

    IDS may delay performance or cancel this Order on account of force measure or other circumstances beyond its control including, but not limited to, acts of God, war, riot, earthquake, explosion, flood, strike, lockout, injunction or telecommunications, electrical or source of supply failure, or the unavailability of Services, personnel, Products or materials. Neither of us shall be in breach of our contractual obligations nor shall either of us incur any liability to the other if you or we are unable to comply or delayed in complying with the Services Contract as a result of any cause beyond our or your reasonable control. In the event of any such occurrence affecting one of us, that one shall be obliged as soon as reasonably practicable to notify the other, who shall have the option of suspending or terminating the operation of the Services Contract on notice taking effect immediately on delivery.

    13. Edge to edge

    To accommodate scanning any text or image close to the edge of the page, IDS may scan the text or image as whole page creating lines close to the edge.

    14. OCR (Optical Character Recognition)

    An OCR will not recognise very poor quality text. Thus IDS incurs no liability for imperfect work caused by any inaccuracies in any material, documents or specifications supplied by the Customer.

  • 15. Disputed charges

    Written notice of any disputed Price and/or Charge must be received by IDS within twenty (20) days of the date of the invoice in question or the Customer shall forfeit its right to dispute such Price and/or Charge. Such notice shall state the invoice number(s), the item(s) and amount(s) in dispute and a full description of the reason for the Customer withholding payment. Notice of any disputed Price and/or Charge does not release the Customer from it’s obligation of paying any remaining balance of the invoice. Upon resolution of the disputed Price and/or Charge, IDS may issue a credit note or if IDS determines that no payment remains outstanding, the Customer shall pay the total amount outstanding to IDS. IDS reserves the right to accrue late payment without any interest for the disputed Price. The Customer must notify IDS, in writing and within 3 days of the document being received by IDS, any non-conformity to the Services. If the Customer does not notify IDS of any non-conformity, the Customer shall be deemed to have accepted Services 3 days after delivery. The Customer shall be responsible for the accuracy of information provided by it or on its behalf. If any such information proves to be inaccurate and in consequence IDS incurs any increase in the cost of delivery or otherwise in performing its obligations, then IDS shall be entitled to be paid those costs immediately on invoicing the Customer.

    16. Licensing and Users

    Each user requires an access license, these are permitted to one per customer. Each user will receive a username and password to gain access. The license is charged on a monthly basis and the cost depends on the level of access required. Additional licenses can be added with a charge per user license.

    17. Complaints

    We aim to provide you with the best possible Services and will seek to ensure that this is satisfactory at all times. If, however, at any time you are unable to deal with any difficulty, please write to Mr Gavin Burns, Managing Director of IDS, Armstrong House, First Avenue, Robin Hood Airport, Doncaster, DN9 3GA. As a friendly and respectable company, we undertake to look in to any complaint promptly and to do what we can to resolve the position.

    18. Services

    During this agreement IDS will provide service during the working hours of 9:00 to 17:00 Monday to Friday. No service will be carried out during public holidays or when causes beyond our control exist.

    19. General

    This Agreement shall be governed by the laws of England and constitute, with its supplements, the entire agreement between the Client and IDS with respect to the services enumerated herein and its terms and conditions of any order submitted by the Client in respect of such service.

    Version 1.1 © I Doc Solutions (uk) Ltd 2013