These are the terms and conditions of Digital Planet, an Evros brand. Please read them carefully as through conducting transactions on this Website, you are agreeing to our terms and conditions. Your existing statutory rights are not affected by these conditions.
“Customer” means an individual who is acting on behalf of his/her business or organisation.
“Digital Planet” is understood as Digital Planet, the company, and is also referred to as “we” or “us” or “our” in these terms and conditions.
“Products” means any individual software product or software licencing described on our Website.
“Services” means any service or support provided by Digital Planet to you, the customer.
“Charges” is understood as the outstanding amount that the Customer is due to pay to Digital Planet for Goods and Services.
“Invoices” is understood as an electronic record of the Customer’s charges outstanding for payment of Goods and Services to Digital Planet.
2. Billing and Payment
Payment obligations: The Customer shall pay the Charges registered to the Customer as calculated in accordance with the SLA confirmed and agreed between the Customer and Digital Planet. Digital Planet shall be entitled to revise its Charges hereunder on giving 90 days’ notice to the Customer in the event that the Customer has requested a change of scope to the Services to be provided under this Agreement. Subject to the agreement in writing of the Customer to the change to the Charges, such change will commence immediately upon the change of scope in the Services having commenced.
The Customer agrees to pay the Charges within 30 days of the date of the invoice issued by Digital Planet. Digital Planet shall be entitled to charge daily interest on any late payment of the Charges at a rate equal to 2% per annum above the base lending rate of Bank of Ireland plc. All Charges will be invoiced and paid in Euro unless otherwise stated. VAT at the appropriate rate shall be added to all Invoices unless otherwise specified.
The Customer understands that his/her credit or debit card will be used in the payment of Products and Services. It is understood that there are sufficient funds or credit facilities for the payment of Products and Services, and that authorisation has been given for the payment of Products and Services. Digital Planet reserves the right to implement validation of your credit or debit card details before providing you with any Products or Services.
Disputed Invoices: Should the Customer disagree with any Charges shown on the Customer’s bill, the Customer is requested to contact their Account Manager. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If following the complaints procedure, it is established that the charges on any invoice are incorrect, Digital Planet shall credit any overpayment to the Customer’s account.
During transactions with its Customers, under no circumstances will Digital Planet be held liable for indirect or any consequential damage or loss, however caused, which includes, and is not restricted to: damage to trading relationships, loss of profits or business, loss of goodwill, loss of data, and other financial loss.
4. Force Majeure
We retain the right to cancel or defer the transaction of Products and Services to the Customer, by reason of delay or failure to deliver due to circumstances beyond Digital Planet’s control. Example: An act of God, explosion, flood, fire or accident, epidemic, power failure, industrial dispute, war etc.
Digital Planet acknowledges the intellectual property rights of suppliers and manufacturers of Goods on our Website. Products and Services images are provided for illustrative purposes only and the actual Products and Services you receive may differ from the image displayed in the catalogue or on our website, especially with generic Products and Services.
6. General Terms of Business
We, the company will make every effort to respond to the Customer query via phone, email or post within 48 hours of the receipt of any such query. In regard to Customer complaints, Digital Planet will make every effort to respond within three Normal Working Days and update the Customer on the process.
If any provision of these Terms and Conditions have been found in dispute by competent jurisdiction to be invalid, illegal, or voidable, it will not affect the remaining Terms and Conditions of the document. If any variation of our Terms and Conditions has been agreed by Digital Planet, the variation must be expressed in written form by an authorised Digital Planet official.
In the event of a dispute between the Customer and Digital Planet, the Customer agrees to submit to the jurisdiction in writing under the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.