Terms | Helping Hand Technology Services Ltd

Helping Hand Technology Services Ltd General Terms and Conditions -

2021

1. Definitions

1.1 “HH” shall mean HELPING HAND TECHNOLOGY SERVICES

Ltd, its successors and assigns or any person acting on behalf of

and with the authority of HELPING HAND TECHNOLOGY

SERVICES LTD.

1.2 “Customer” shall mean the person or entity described as such

on the invoices, application for credit, quotation, work authorisation

or any other forms to which these terms and conditions apply, and

shall include any person acting on behalf of and with the authority of

such person or entity.

1.3 “Guarantor” means that person (or persons), or entity, who

agrees to be liable for the debts of the Customer on a principal

debtor basis.

1.4 “Services” shall mean all Services provided by HH to the

Customer, and includes any advice or recommendations (and

where the context so permits shall include any incidental supply of

Goods and any supply of Equipment as defined hereinafter) and is

as described on the invoices, quotation, or any other authorization

forms as provided by HH to the Customer.

1.5 “Goods” shall mean Goods supplied by HH to the Customer

(and where the context so permits shall include any supply of

Services as defined above).

1.6 “Equipment” shall mean Equipment supplied on hire by HH to

the Customer (and where the context so permits shall include any

supply of Services as defined above).

1.7 “Price” shall mean the cost of the Services as agreed between

HH and the Customer subject to clause 5 of this contract.2. Application of these

terms and conditions to consumers

2.1 Where the Customer purchases Services as a consumer these

terms and conditions (in particular clauses relating to Risk,

Disclaimer, Errors and Omissions, Returns, Warranties, and

Limitation of Liability) shall be subject to any laws or legislation

governing the rights of consumers and shall not affect the

consumer’s statutory rights.

3. Sale of Goods Act 1979 and Supply of Goods and Services

Act 1982

3.1 This agreement is subject to the provisions of the Sale of Goods

Act 1979 and the Supply of Goods and Services Act 1982 (or any

replacement or re-enactment thereof) in all cases except where the

Customer is contracting within the terms of a trade/business (which

cases are specifically excluded). 3.2 Notwithstanding clause 3.1

nothing in this agreement is intended to have the effect of

contracting out of any applicable provisions the Sale of Goods Act

1979 and the Supply of Goods and Services Act 1982 or any laws

or legislation governing the rights of consumers, except to the

extent permitted by those Acts, laws or legislation.4. Acceptance

4.1 Any instructions received by HH from the Customer for the

provision of Services and/or the Customer’s acceptance of Services

provided by HH shall constitute acceptance of the terms and

conditions contained herein.

4.2 Where more than one Customer has entered into this

agreement, the Customers shall be jointly and severally liable for all

payments of the Price.

4.3 Upon acceptance of these terms and conditions by the

Customer the terms and conditions are irrevocable and can only be

amended with the written consent of HH.

4.4 The Customer undertakes to give HH at least fourteen (14) days

notice of any change in the Customer’s name, address and/or any

other change in the Customer’s details.4.5 In order to carry out some Services HH

will use a qualified

telecommunications service provider. HH may select and at any

time change the service provider for the purposes of providing the

Service and shall give notice to the Customer prior to any changes.

The Customer irrevocably authorises HH to act on their behalf in all

dealings with any telecommunications service provider in

connection with the Services. 7.2 The Customer acknowledges that

HH may have to perform Services (some unforeseen) that could

affect the facility for the Customer to make and receive calls. Such

Services include, but are not limited to: (a) changing the code or

phone number or the technical specification of the Service for

operational

reasons; and (b) interrupt the Service for operational reasons or

because of an emergency; and (c) give the Customer instructions

that HH deems necessary for health and safety reasons or to

optimise the quality of the Service. 7.3 HH offers no guarantee

against interruptions or faults to the Service. In the event that the

Customer reports a fault or interruption in Service to HH, HH shall

respond to the report in accordance with the level of repair service

previously selected by the Customer. Where HH responds to such a

report and finds that there is no fault or that the fault is caused by

someone at the Customer’s premises then HH reserves the right to

charge a reasonable fee for the callout and for any Services carried

out to repair the fault.

4.6 The Customer understands and accepts that this Service

agreement is non-transferrable and that the Customer will be bound

by the terms and conditions contained herein for a minimum period

of thirty six (36) months commencing on the date of HH’s

acceptance of the Customer’s order for the Services. and

4.7 Both HH and the Customer agree to comply with the terms and

conditions of trade of third party suppliers applicable to the

provision of any Services by HH (including, but not limited to, BT

Openreach and any other subcontractors managed on behalf of the

Customer by HH).

5. Price and Payment

5.1 At HH’s sole discretion the Price shall be either: (a) as indicatedon invoices provided by HH to the Customer in respect of Servicesprovided; or (b)

HH’s current Price at the date of delivery of the

Services according to HH’s current

Price list, which can be viewed at HH’s website with secure access

(upon request only); or (c) HH’s quoted Price (subject to clause 5.2)

which shall be binding upon HH provided

that the Customer shall accept HH’s quotation in writing within thirty

(30) days. 5.2 HH reserves the right to change the Price in the

event of a variation to HH’s quotation. HH may by giving notice to

the Customer at any time up to seven (7) days before delivery

increase the Price to reflect any increase in the cost to HH

beyond the reasonable control of HH, (including, without limitation,

foreign exchange fluctuations, taxes and duties, provisions of any

Acts, By- Law, Order or Regulation of any parliament, municipality

or local authority enacted after the date of contract between the

Customer and HH and the cost of labour, materials and other

manufacturing costs). 5.3 At HH’s sole discretion a deposit may be

required. 5.4 At HH’s sole discretion a bond may be required for any

Equipment on hire which shall be

refunded upon return of the Equipment in a condition acceptable to

HH.

5.5 At HH’s sole discretion

(a) Payment shall be due before the provision of the Services; or (b)

payment shall be due on completion of the Services; or (c) payment

for approved Customer’s shall be due fifteen (15) days following the

date of the invoice.

5.6 Time for payment for the Services shall be of the essence and

will be stated on the invoice or any other forms. If no time is stated

then payment shall be due ten (10) days following the date of the

invoice.

5.7 Payment will be made by Direct Debit, cash, or by cheque, or by

bank cheque, or by credit card (plus a surcharge of

up to two and a half percent (2.5%) of the Price), or by direct credit,

or by any other method as agreed

to between the Customer and HH.5.8 VAT and other taxes and duties that may be

applicable shall be

added to the Price except when they

are expressly included in the Price.

5.9 Receipt by HH of any form of payment other than cash shall not

be deemed to be payment until

that form of payment has been honoured, cleared or recognised

and until then HH’s ownership

or rights in respect of the Services shall continue.

5.10 HH’s normal hours of operation are Monday to Friday from

9am to 5pm (excluding public

holidays). In the event that HH is called out to the Customer’s

premises to perform Services outside HH’s normal hours of

operation the Customer may be charged a callout fee in accordance

with HH’s Price List.

5.11 Unless requested otherwise by the Customer, HH shall put theCustomer’s name, address and phone number in the relevant

Phone Book for the Customer’s area free of charge and as soon as

possible. If the Customer requests a special listing in the Phone

Book or any other directory the Customer shall be liable to pay

additional charges.

5.12 If the Customer is contracted to a minimum Call Spend and at

the end of the year the Customer has not met that spend, then the

Customer shall be liable to pay twenty percent (20%) of the

difference between what has been spent and what should have

been spent under the agreement.

6. Delivery of Services

6.1 At HH’s sole discretion delivery of the Services shall take place

when: (a) the Customer takes possession of the Services at HH’s

address; or (b) the Customer takes possession of the Services at

the Customer’s nominated address (in the event

that the Goods are delivered by HH or HH’s nominated carrier).6.2 The Customer

shall make all arrangements necessary to

accept delivery of the Services whenever they are tendered. In the

event that the Customer is unable to accept delivery of the Services

as arranged

then HH shall be entitled to charge a reasonable fee for redelivery.

6.3 Delivery of the Services to a third party nominated by the

Customer is deemed to be delivery to the

Customer for the purposes of this agreement.

6.4 HH may deliver the Services by separate instalments. Each

separate instalment shall be invoiced and paid in accordance with

the provisions in these terms and conditions.

6.5 The failure of HH to deliver shall not entitle either party to treat

this contract as repudiated.

6.6 HH shall not be liable for any loss or damage whatsoever due to

failure by HH to deliver

the Services (or any of them) promptly or at all, where due to

circumstances beyond the control of HH.

7. Risk

7.1 If HH retains ownership of the Services nonetheless, all risk for

the Services passes to the Customer on delivery.

(a) the Customer is only a bailee of the Goods and until such time

as HH has received payment in full for the Goods then the

Customer shall hold any proceeds from the sale or disposal of the

Goods on trust for HH; and

(b) the Customer shall not deal with the money of HH in any way

which may be adverse to HH; and

nor otherwise give any interest in the Goods while they remain the

property of HH; and(d) HH can issue proceedings to recover the Price of the Goods

sold notwithstanding that ownership of the Goods may not have

passed to the Customer; and

(e) until such time that ownership in the Goods passes to the

Customer, if the Goods are converted into other products, the

parties agree that HH will be the owner of the end products.7.4 Unless otherwise agreed in writing by HH, the Customer agrees

to only connect phones, extension wiring, sockets or other devices

to HH’s network using a main telephone socket that HH has fitted

and maintains. HH shall not be liable for any loss or damage that

may arise through the Customer’s failure to meet this requirement.

7.5 Telecommunications Devices not provided by HH must only be

used with HH’s network in a way that meets the relevant standards

and licence requirements. If the Device does not meet those

standards or licence requirements the Customer must immediately

disconnect it, or allow HH to do so at the Customer’s expense. If

required, HH shall at the Customer’s request and cost, inspect the

Devices to determine if it meets the relevant standards and license

requirements.

8. Customer’s Responsibility

8.1 The Customer shall ensure that HH has clear and free access to

the work site at all times to enable them to undertake the Services.

HH shall not be liable for any loss or damage to the site unless due

to the negligence of HH.

8.2 If, in the course of providing the Services, HH is required to

cross or install Goods and/or Equipment on a premises owned by a

third party then it is the Customer’s responsibility to obtain

permission from the third party to do so.

8.3 It is the Customer’s responsibility toprovide at Customer’sexpense heat, light,

power, ventilation, electric current and outlets if

required by HH to perform the Services.

9. Title

9.1 It is the intention of HH and agreed by the Customer that

ownership of the Goods shall not pass until:

(a) the Customer has paid all amounts owing for the particular

Goods; and (b) the Customer has met all other obligations due

by the Customer to HH in respect of all

contracts between HH and the Customer.

(b) 9.2 It is further agreed that:

(a) where practicable the Goods shall be kept separate and

identifiable until HH shall have received payment and all other

obligations of the Customer are met; and

(b) until such time as ownership of the Goods shall pass from HH to

the Customer HH may give notice in writing to the Customer to

return the Goods or any of them to HH. Upon such notice the rights

of the Customer to obtain ownership or any other interest in the

Goods shall cease; and

or not delivery has been made.

10. Defects

10.1 The Customer shall test and/or inspect the Services on

completion and shall within ten (10) days notify HH of any alleged

defect, fault, shortage in quantity, damage or failure to comply with

the description or quote. The Customer shall afford HH an

opportunity to inspect the alleged defect within a reasonable time

following such notification if the Customer believes the Services aredefective in any way. If the Customer

shall fail to comply with these provisions the Services shall be

presumed to be free from any defect, damage or fault. For defective

Services, which HH has agreed in writing that the Customer is

entitled to reject, HH’s liability is limited to rectifying the Services.11. Warranty

11.1 For Goods not manufactured by HH, the warranty shall be the

current warranty provided by the manufacturer of the Goods. HH

shall not be bound by nor be responsible for any term, condition,

representation or warranty other than that which is given by the

manufacturer of the Goods.

11.2 In the case of second hand Goods, the Customer

acknowledges that he has had full opportunity to inspect the same

and that he accepts the same

with all faults and that no warranty is given by HH as to the quality

or suitability for any purpose and any implied warranty, statutory or

otherwise, is expressly excluded. HH shall not be responsible for

any loss or damage to the Goods, or caused by the Goods, or any

part thereof however arising.

12. Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue from the date when

payment becomes due daily until the date of payment at a rate of

two and a half percent (2.5%) per calendar month and such interest

shall compound monthly at such a rate after as well as before any

judgment.

12.2 In the event that the Customer’s payment is dishonoured for

any reason the Customer shall be liable for any dishonour fees

incurred by HH.

12.3 If the Customer defaults in payment of any invoice when due,

the Customer shall indemnify HH from and against all costs and

disbursements incurred by HH in pursuing the debt including legal

costs on a solicitor and own client basis and HH’s collection agency

costs.12.4 Without prejudice to any other remedies HH may have, if at

any time the Customer is in breach of any obligation (including

those relating to payment), HH may suspend or terminate the

supply of Services to the Customer and any of its other obligations

under the terms and conditions. HH will not be liable to the

Customer for any loss or damage the Customer suffers because HH

exercised its rights under this clause.

12.5 If any account remains overdue after thirty (30) days then an

amount of ₤20.00 shall be levied as an administration fee and shall

be levied for each month that the account remains overdue, which

sums shall become immediately due and payable.

12.6 Without prejudice to HH’s other remedies at law HH shall be

entitled to cancel all or any part of any order of the Customer which

remains unperformed in addition to and without prejudice to any

other remedies and all amounts owing to HH shall, whether or not

due for payment, become immediately payable in the event that:

any money payable to HH becomes overdue, or in HH’s opinion the

Customer will be unable to meet its payments as they fall due; or

(b) the Customer becomes insolvent, convenes a meeting with itscreditors or proposes or enters into an arrangement with creditors,

or makes an assignment for the benefit of its creditors; or

similar person is appointed in respect of the Customer or any asset

of the Customer.

13. Security and Charge

13.1 Despite anything to the contrary contained herein or any other

rights which HH may have howsoever:

(a) where the Customer and/or the Guarantor (if any) is the owner

of land, realty or any other asset capable of being charged, both the

Customer and/or the Guarantor agree to mortgage and/or charge all

of their joint and/or several interest in the said land, realty or any

other asset to HH or HH’s nominee to secure all amounts and other

monetary obligations payable under the terms and conditions.

(d) if the Customer fails to return the Goods to HH then HH or HH’s

agent may enter upon and into land and premises owned, occupied

or used by the Customer, or any premises as the invitee of theCustomer, where the

Goods are situated and take possession of

the Goods;

(or HH’s nominee) shall be entitled to lodge where appropriate a

caveat, which caveat shall be released once all payments and other

monetary obligations payable hereunder have been met.

(b) should HH elect to proceed in any manner in accordance with

this clause and/or its sub- clauses, the Customer and/or Guarantor

shall indemnify HH from and against all HH costs and

disbursements including legal costs on a solicitor and own client

basis.

nominate constitute and appoint HH or HH’s nominee as the

Customer’s and/or Guarantor’s true and lawful attorney to perform

all necessary acts to give effect to the provisions of this clause 13.1.

14. Intellectual Property

14.1 Where HH has designed, drawn or written plans or Goods for

the Customer, then the copyright in those designs and drawings

and documents shall remain vested in HH, and shall only be used

by the Customer at Helping Hand Technology Services Ltd’s discretion.

14.2 The Customer warrants that all designs or instructions to HELPING HAND TECHNOLOGY

Networks will not cause Helping Hand Technology Services Ltd to infringe any

patent,

registered design or trademark in the execution of the Customer’s

order and the Customer agrees to indemnify Helping Hand Technology Services Ltd

against any action taken by a third party against Helping Hand Technology Services

Ltd in

respect of any such infringement.

14.3 The Customer hereby authorises Helping Hand Technology Services Ltd to

utilise

images of the Goods designed or drawn by Helping Hand Technology Services Ltd

advertising, marketing, or competition material by Helping Hand Technology

Services Ltd.15. Suspension of Services

15.1 In addition to clause 12.4, Helping Hand Technology Services Ltd may suspend

the

provision of Services if: (a) Helping Hand Technology Services Ltd, in their opinion,

determines that the Services are being used by the Customer to

make offensive, indecent, menacing, nuisance or hoax calls or theServices are being

used fraudulently or

in connection with a criminal offence; or (b) If the Customer’s

agreed Call Level is reached before the next quarterly invoice is to

be issued to

the Customer. Helping Hand Technology Services Ltd shall contact the Customer

prior to

suspending Services to discuss the

necessary course of action in this situation; or 15.2 In the event that

the Services are disconnected or suspended by Helping Hand Technology Services

Ltd,

the agreement shall

continue and the Customer shall be liable to pay all charges under

the agreement plus a reconnection fee on each line that has been

disconnected.

16. Cancellation

16.1 Helping Hand Technology Services Ltd may cancel these terms and conditions

cancel delivery of Services at any time before the Services are

delivered by giving written notice. On giving such notice HELPING HAND TECHNOLOGY

Networks shall repay to the Customer any sums paid in respect of

the Price. Helping Hand Technology Services Ltd shall not be liable for any loss or

damage

whatever arising from such cancellation.

16.2 The Customer may cancel the Services before the Services

become operational within seven (7) days of receiving confirmation

of the Services from Helping Hand Technology Services Ltd. Such notice must be in

writing

and sent by registered post to Helping Hand Technology Services Ltd to ensure

receipt by

Helping Hand Technology Services Ltd. Any cancellation of the Services after this

seven

day period and prior to the commencement of Services shall incur a

cancellation fee.

16.3 In the event that the Customer cancels the Services after the

commencement of the Services then the Customer shall be liable to

pay for any loss incurred by Helping Hand Technology Services Ltd (including loss of

profit)

which shall be calculated based on the average monthly invoice or

projected call spend and line rental (including VAT) over the numberof months

remaining on the Customer’s minimum period.

16.4 The Customer may cancel a service agreement after fulfilling

the minimum period by providing Helping Hand Technology Services Ltd with ninety

(90)

days notice of their intention to cancel in writing.16.5 Cancellation of orders for Goods made to the Customer’s

specifications or non-stocklist items will definitely not be accepted,

once production has commenced.

17. Data Protection Act 1998

17.1 The Customer and the Guarantor/s (if separate to the

Customer) authorises Helping Hand Technology Services Ltd to: (a) collect, retain

and use

any information about the Customer, for the purpose of assessing

the

Customer’s creditworthiness or marketing products and services to

the Customer; and (b) to disclose information about the Customer,

whether collected by Helping Hand Technology Services Ltd from the Customer

directly or

obtained by Helping Hand Technology Services Ltd from any other source, to any

other

credit provider or any credit reporting agency for the purposes of

providing or obtaining a credit reference, debt collection or of

listing a default by the Customer on publicly accessible credit

reporting databases. 17.2 Helping Hand Technology Services Ltd may also use

information

about the Customer to monitor and analyse its business. In this

connection the Customer authorises Helping Hand Technology Services Ltd to

disclose

personal information to agents or third

parties engaged by Helping Hand Technology Services Ltd. 17.3 The Customer

consents

to the transfer of information outside of the European Economic

Area for the purposes listed above. 17.4 Where the Customer is an

individual the authorities under (clause 17.1) are authorities or

consents for

the purposes of the Data Protection Act 1998. 17.5 The Customer

shall have the right to request Helping Hand Technology Services Ltd for a copy of

theinformation about the Customer retained by Helping Hand Technology Services

Ltd and the

right to request Helping Hand Technology Services Ltd to correct any incorrect

information

about the Customer held by Helping Hand Technology Services Ltd.

18. Confidentiality

18.1 Each party agrees to treat all information and ideas

communicated to it by the other confidentially and agree not to

divulge it to any third party, without the other party's written consent.

The parties will not copy any such information supplied, and will

either return it or destroy it (together with any copies thereof) on

request of the other party.

19. Limitation of Liability

19.1 Helping Hand Technology Services Ltd shall be under no liability whatsoever to

the

Customer for any indirect loss and/or expense (including loss of

profit or goodwill) suffered by the Customer or any third party arisingout of a breach by Helping Hand Technology Services Ltd of these terms and

conditions.

19.2 In the event of any breach of this contract by Helping Hand Technology

Services Ltd

the remedies of the Customer shall be limited to damages and

Helping Hand Technology Services Ltd’s liability (if any) whether in contract, tort or

otherwise in respect of any fault in the Services, or for any breach

of these terms and conditions, or of any duty owed to the Customer

in connection with them shall be limited to the amount of the Price.

19.3 For the avoidance of doubt, nothing in these terms and

conditions shall exclude or restrict Helping Hand Technology Services Ltd's liability

for the

death or personal injury to any person resulting from HELPING HAND TECHNOLOGY

Networks's negligence.

20. Unpaid Helping Hand Technology Services Ltd’s Rights

20.1 Where the Customer has left any item with Helping Hand Technology Services

Ltd for

repair, modification, exchange or for Helping Hand Technology Services Ltd to

perform any

other Service in relation to the item and Helping Hand Technology Services Ltd has

not

received or been tendered the whole of the Price, or the payment

has been dishonoured, Helping Hand Technology Services Ltd shall have: (a) a lien

on the

item;(b) the right to retain the item for the Price while Helping Hand Technology

Services Ltd is

in possession of the item;

shall

continue despite the commencement of proceedings, or judgment

for the

Price having been obtained.

21. Customer’s Disclaimer

21.1 The Customer hereby disclaims any right to rescind, or cancel

the contract or to sue for damages or to claim restitution arising out

of any inadvertent misrepresentation made to the Customer by

Helping Hand Technology Services Ltd and the Customer acknowledges that the

Services

are bought relying solely upon the Customer’s skill and judgment.

22. Consumer Protection (Distance Selling) Regulations 2000

(DSR’s) 22.1 Where the Customer purchases Services as a

consumer under the Consumer Protection (Distance Selling)

Regulations 2000, the Customer shall be entitled to cancel this

contract for any reason without penalty within seven (7) days of the

date of delivery of the Services. Cancellation of orders for custom-

made or clearly personalised Services, Services made to the

Customer’s specifications, or Services which by reason of their

nature cannot be returned or are liable to deteriorate or expire

rapidly, will definitely not be accepted.

22.2 In the event the Customer cancels any contract prior todelivery of the Services (and any Goods and/or Equipment are in

transit), the Customer must refuse delivery of the Goods and/or

Equipment.

22.3 Upon cancellation, it shall be the Customer’s responsibility to

return any Goods or Equipment (at their own cost) to HH. HELPING HAND TECHNOLOGY

Networks may, at their sole discretion, arrange collection of the

Goods or Equipment and any costs incurred shall be deducted from

the Customer’s refund.

22.4 The Customer is under a statutory duty to retain possession of

the Goods and/or Equipment and take reasonable care of them.

Reasonable care means the Customer must take care to ensure

that Helping Hand Technology Services Ltd receives the returned Goods and/or

Equipment, and that those Goods and/or Equipment are not

damaged in transit.22.5 Helping Hand Technology Services Ltd shall refund the

Customer the full amount paid

for the Services (less any costs to collect the Goods and/or

Equipment) within thirty (30) days of receipt of the cancellation

notice.

23. General

23.1 If any provision of these terms and conditions shall be invalid,

void, illegal or unenforceable the validity, existence, legality and

enforceability of the remaining provisions shall not be affected,

prejudiced or impaired.

23.2 These terms and conditions and any contract to which they

apply shall be governed by the laws of England, Wales and

Scotland and are subject to the jurisdiction of the courts of

Manchester.

23.3 The Customer shall not be entitled to set off against or deduct

from the Price any sums owed or claimed to be owed to the

Customer by Helping Hand Technology Services Ltd.

23.4 Helping Hand Technology Services Ltd may license or sub-contract all or any

part of

its rights and obligations without the Customer’s consent.

23.5 Helping Hand Technology Services Ltd reserves the right to review these terms

and

conditions at any time. If, following any such review, there is to be

any change to these terms and conditions, then that change will

take effect from the date on which Helping Hand Technology Services Ltd notifies

the

Customer of such change. Except where Helping Hand Technology Services Ltd

supplies

further Services to the Customer and the Customer accepts such

Services, the Customer shall be under no obligation to accept such

changes.

23.6 Neither party shall be liable for any default due to any act of

God, war, terrorism, strike, lock-out, industrial action, fire, flood,

drought, storm or other event beyond the reasonable control of

either party.

Terms Applicable to Equipment Hire Only

24. Definitions24.1 “Hire Period” shall mean the Hire Period as described on theinvoices, quotation, authority to hire, or any other forms as provided

by Helping Hand Technology Services Ltd to the Customer.

25. Application of these terms to Consumers

25.1 Where hire of the Equipment is to a Customer who is an

individual and the hire would be covered by the Consumer Credit

Act 1974, the duration of the Hire Period shall not exceed three (3)

months, after which time the contract shall be deemed to have

automatically terminated. Accordingly, the hire of any Equipment is

not covered by the Consumer Credit Act 1974.

26. Variations

26.1 In the event of a variation, Helping Hand Technology Services Ltd will give the

Customer a written document stating the reason for the variation, a

full description of the variation, any effect the variation will have on

the agreement, including but not limited to, the Price and any

revised expiration date, and shall require written acceptance by the

Customer of the variation prior to execution of the variation. All

variations (including those to the quantity and specifications of the

Equipment) must be in writing, dated and signed by both parties.

27. Hire Period

27.1 Hire charges shall commence from the time the Equipment

from Helping Hand Technology Services Ltd’s premises and will continue until the

return of

the Equipment to Helping Hand Technology Services Ltd’s premises, and/or until the

expiry

of the Minimum Hire Period, whichever last occurs. The off-hire

receipt will be issued when the Equipment is either picked up by

Helping Hand Technology Services Ltd or returned to Helping Hand Technology

Services Ltd’s premises.

27.2 No allowance whatsoever can be made for time during which

the Equipment is not in use for any reason, unless Helping Hand Technology

Services Ltd

confirms special prior arrangements in writing. In the event of

Equipment breakdown, and provided the Customer notifies HELPING HAND TECHNOLOGY

Networks immediately, hiring charges will not be payable during the

time the Equipment is not working, unless the condition is due to

negligence or misuse on the part of or attributable to the Customer.28. Risk

28.1 Helping Hand Technology Services Ltd retains property in the Equipment,

nonetheless all risk for the Equipment passes to the Customer on

delivery.

28.2 The Customer accepts full responsibility for the safekeeping of

the Equipment and indemnifies Helping Hand Technology Services Ltd for all loss,

theft, or

damage to the Equipment, howsoever caused, and without limiting

the generality of the foregoing, whether or not such loss, theft, or

damage is attributable to any negligence, failure, or omission of the

Customer.

28.3 The Customer will insure, or self insure, Helping Hand Technology Services

Ltd’s

interest in the Equipment against physical loss or damage including,

but not limited to, the perils of accident, fire, theft and burglary andall other usual risks and will effect adequate Public Liability

Insurance covering any loss, damage or injury to property arising

out of the Equipment. Further the Customer will not use the

Equipment nor permit it to be used in such a manner as would

permit an insurer to decline any claim.

28.4 The Customer accepts full responsibility for, and shall keep

Helping Hand Technology Services Ltd indemnified, against all liability in respect of

all

actions, proceedings, claims, damages, costs and expenses in

respect of any injury to persons, or damage to property, arising out

of the use of the Equipment during the hire period, however arising,

and whether or not arising from any negligence, failure or omission

of the Customer or any other persons.29. Title

29.1 The Equipment is and will at all times remain the absolute

property of Helping Hand Technology Services Ltd.

29.2 If the Customer fails to return the Equipment to HELPING HAND TECHNOLOGY

Networks, then Helping Hand Technology Services Ltd, or Helping Hand Technology

Services Ltd’s agent, may

enter upon and into land and premises owned, occupied or used by

the Customer, or any premises where the Equipment is situated as

the invitee of the Customer and take possession of the

Equipment, without being responsible for any damage thereby

caused.

29.3 The Customer is not authorised to pledge Helping Hand Technology Services

Ltd’s

credit for repairs to the Equipment, or to create

a lien over the Equipment in respect of any repairs.

30. Customer’s Responsibilities

30.1 The Customer shall: (a) notify Helping Hand Technology Services Ltd

immediately by

telephone of the full circumstances of any mechanical breakdown

or accident. The Customer is not absolved from the requirements to

safeguard the Equipment by

giving such notification; (b) satisfy itself at commencement that the

Equipment is suitable for its purposes; (c) operate the Equipment

safely, strictly in accordance with the law, only for its intended use,

and in

accordance with any manufacturer’s instruction whether supplied by

Helping Hand Technology Services Ltd or posted on the

Equipment; (d) ensure that all persons operating or erecting the

Equipment are suitably instructed in its safe and

proper use; (e) comply with all occupational health and safety laws

relating to the Equipment and its operation; (f) on termination of the

hire, the Customer shall deliver the Equipment complete with all

parts and

accessories clean and in good order as delivered, fair wear and tear

accepted, to Helping Hand Technology Services Ltd; (g) keep the Equipment in their

own

possession andcontrol and shall not assign the benefit of the hirecontract nor be entitled to lien over

the Equipment; (h) not alter or

make any additions to the Equipment including but without limitation

altering, make any additions to, defacing or erasing any identifying

mark, plate or number on or in the Equipment or in

any other manner interfere with the Equipment; (i) employ the

Equipment solely in its own work and shall not permit the

Equipment of any part thereof

to be used by any other party for any other work; (j) not fix any of

the Equipment in such a manner as to make it legally a fixture

forming part of any freehold.

30.2 Immediately on request by Helping Hand Technology Services Ltd the

Customer will

(a) within seven (7) business days notify Helping Hand Technology Services Ltd of

where

the Equipment is located; (b) pay the new list price of any

Equipment that is for whatever reason destroyed, written off or not

returned to Helping Hand Technology Services Ltd; (c) pay all costs incurred in

cleaning

the Equipment; (d) pay all costs of repairing any damage caused by

the ordinary use of the Equipment up to an amount

equal to ten percent (10%) of the new list price of the Equipment;

(e) pay the cost of repairing any damage to the Equipment caused

by the negligence of the Customer

or the Customer’s agent; (f) pay the cost of repairing any damage to

the Equipment caused by vandalism, or (in Helping Hand Technology Services Ltd’s

reasonable opinion) in any way whatsoever other than by the

ordinary use of the Equipment by the

Customer; (g) pay the cost of fuels and consumables provided by

Helping Hand Technology Services Ltd and used by the Customer.

30.3 The Customer shall be responsible for free access by Helping Hand Technology to the nominated address on which the Equipment is, or

is to be, located. If there are any delays due to free access not

being available, then the Customer

shall be responsible and shall reimburse Helping Hand Technology Services Ltd for

all lost

hire fees associated with the Equipment being unavailable. The

Customer shall also be responsible for all other expenses and costs

incurred by HH due to delays in access to the Equipment.

For questions regarding these terms, please contact us at: Helping Hand Technology Services Ltd, The Watts Building, 24 Lever Street, Manchester, M1 1DZ. Email: hello@helpinghandtech.co.uk