- 1.1 These Terms and Conditions are provided by Diacom Networks Ltd a company registered in England and Wales under number 07047055 whose registered office is at 11 Mallard Way, Pride Park, Derby, Derby, DE24 8GX
- 1.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of this Agreement.
- 1.3 Words imparting the singular number shall include the plural and vice versa.
- 1.4 References to any gender shall include any definable gender.
- 1.5 Unless the context otherwise requires the following definitions and interpretations shall apply to these Terms and Conditions and to any Service Agreement entered into:
“Available Services” Shall mean the Services and Products offered by Diacom from time to time. “Services” shall mean the deliverables specified within the Service Agreement.
“Services Agreement” “Contract” shall mean any Services Agreement or Order Schedule entered into by You by signature or verified authorisation whether electronic or other means.
“Business Day” means, any day (other than Saturday, Sunday or Bank Holiday) on which You are open for normal business in the United Kingdom;
“Data Protection Legislation” means any applicable law or regulation including but not limited to the Data Protection Act 2018 (“DPA2018”) and the General Data Protection Regulation (GDPR) relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
“Controller”, “processor”, “data subject”, “personal data”, “personal data breach”, “subject access request” “processing” and “appropriate technical measures” shall have the meaning expressed in Pt 2 Ch1 of the Data Protection Act 2018 (DPA2018) and Article 4 of the General Data Protection Regulation (GDPR).
“Commencement Date” means the date on which the Service Agreement comes into force pursuant to Clause 3;
“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Data” means any data held by the “Client” and Processed by Diacom Networks Ltd
“Intellectual Property” means patents, trademarks, service marks, rights (whether registered or unregistered) in any designs, applications for any of the foregoing, trade or business names and copyright;
“Premises” means Your Premises at [Client Address] or such other Premises as may be notified from time to time by [Client Name] to Diacom Networks Ltd
“Equipment” means the equipment including software and systems identified in the Service Agreement, Order Schedule or otherwise notified to you in writing that we will sell, rent, loan, maintain or Service, subject to the provisions of the Service Agreement.
“Existing Installation” means existing infrastructure including cabling, electrical supplies, Equipment and other Services that Diacom has not installed under the Services Agreement
“Line” means a connection to our network or that of our suppliers, whether direct or indirect.
“Service” means the services to be provided by Diacom Networks Ltd to You as set out in Service Agreement.
“Project Work” means one off Services provided by Diacom Networks Ltd to You as set out in the Service Agreement that may include but not be limited by one off or large-scale work outside of Our regular monthly Service offering.
“Contract Renewal” means an automatic renewal of your contract for a further 12 months after the initial Minimum Term and each subsequent 12-month renewal thereafter.
“Client” “You” “Your” means the client of Diacom Networks Ltd
“Provider” “Our” “Us” “We” “Diacom Networks Ltd” herein referred to as “Diacom” means Diacom Networks Ltd.
“Parties” shall mean Diacom, the Client and any others subject to the Service Agreement
“Third Party Suppliers” “Suppliers” shall mean software, products and services that are manufactured, developed, hosted and/or maintained by organisations external to Diacom Networks Ltd either supplied through Diacom Networks Ltd acting in the capacity as a reseller, agent or referrer only.
“Written Permission” shall mean any communication effected by electronic means including email, letter, contract or other such amendment that indicates the Clients instructions