Terms and Conditions

These General Terms of Business apply to the delivery of services by London Digital Archiving (trading as Document Scanning Company) to our client.

1. DEFINITIONS
The meanings of the following words and phrases which are widely used in these General Terms of Business shall be as set out below:

“London Digital Archiving” or “Document Scanning Company” or “We” or “Us” the service provider as outlined in the contract order.

"The Customer" or “the Client” or “You” the company or addressee requesting Document Scanning Company to provide a service per order/contract.

"Material" the documents and/or other materials specified in the order supplied by the customer to Document Scanning Company in a hard copy or electronic format for production or reproduction or scanning.

"Order" or “Contract” the document setting out the Customers required services and price.

"Price" or “Charge” the payment and/or costs due by the Customer to Document Scanning Company for all the Services, specified in this Order.

"Product" or “Goods” the finished format of the material as specified in this Order.

"Services" the reproduction or production of the material to be delivered by us in its finished format.

2. SERVICES
Document Scanning Company agrees to deliver the Services as set out in this Order accepted by the Customer and to dispatch the Products to the nominated site by the agreed date(s) of delivery (if any) as specified in this Order. The parties agree that the Services to be supplied by Document Scanning Company are limited to those specified in this Order only.
The Services shall be delivered with reasonable skill and care. We shall not be under any obligation in any circumstances to update any Order, Services or Products of the Services, oral or written, for events occurring after the Order, Services or Products concerned has been issued in the final form.
Where the Client requires us or the nature of the Services is such that it is likely to be more efficient for us to perform work at your premises or using your computer systems or telephone networks, you shall ensure that all arrangements are made for access, security procedures, virus checks, facilities, licences or consents as may be required (without cost to us).
Document Scanning Company has the right to appoint sub-contractors to assist us in delivering the Services. Where we appoint sub-contractors for purposes in connection with the Services contract their work shall be deemed to be part of our Services.

3. DISPUTED CHARGES
Written notice of any disputed Price and/or Charge must be received by Document Scanning Company 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, Document Scanning Company may issue a credit note or if Document Scanning Company determines that no payment remains outstanding, the Customer shall pay the total amount outstanding to Document Scanning Company. Document Scanning Company reserves the right to accrue late payment without any interest for the disputed Price. The Customer must notify Document Scanning Company, in writing and within 3 days of the document being received by Document Scanning Company, any non-conformity to the Services. If the Customer does not notify Document Scanning Company 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 Document Scanning Company incurs any increase in the cost of delivery or otherwise in performing its obligations, then Document Scanning Company shall be entitled to be paid those costs immediately on invoicing the Customer.

4. PAYMENT
Document Scanning Company shall invoice the Customer the Price for all Services, provided and any related Charges. Upon delivery of Goods or Services, the Customer agrees to pay Document Scanning Company the invoiced sum (including all VAT amounts) within thirty (30) days of the invoice date. Document Scanning Company has a no interest policy and will not Charge any interest on any late payments. However, the Customer agrees to pay a fixed administration Charge of £35 per letter sent to the Customer for late payment. Document Scanning Company has the right to suspend or terminate any further Customer Orders for non-payment.
If the Services Contract is terminated or suspended, we shall be entitled to payment for costs incurred to that time and to payment of fees for work done. Our fees for work done shall in this event be calculated based on the amount of Services Document Scanning Company deemed to have been already carried out for the Client to that time.

5. PASSING OF RISK & TITLE
Liability for loss or damage to Products shall pass to the Customer upon dispatch of the Products. Title to the Products shall pass to the Customer only upon payment of the Price in full to Document Scanning Company.

6. WARRANTY
Document Scanning Company Services shall be performed in a professional manner. Except as expressly set forth in any applicable Order the proceeding is Document Scanning Company 's only warranty concerning the Services provided to Customer under these conditions, and is made expressly in lieu of all other warranties and representations, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or otherwise. No warranties are created by any course of dealing between the parties, course of performance, trade usage or industry custom.
Document Scanning Company is not responsible for the loss of Customer data The Customer is responsible for maintaining current backups of all data. Document Scanning Company will not be responsible for and any warranty does not cover infection of any Customer system with a virus. All work necessary for Document Scanning Company to restore data or to remove a virus will be charged to the Customer in addition to the Price.

7. CUSTOMER WARRANTY
The Customer warrants and undertakes to London Digital Archiving Ltd (t/a Document Scanning Company): (i) that it is the owner of the documents and/or material, and that it violates no intellectual Products, Services or Property of third parties by having Document Scanning Company perform the Services under this Order. (ii) to supply all assistance, documentation and other information necessary for Document Scanning Company to diagnose and/or remedy any fault. The Customer indemnifies, defends and holds harmless Document Scanning Company from and against any claim, liability, damage or cost, including legal costs, for actual or alleged infringement of any intellectual property right, including copyright, trademark, arising from the performance of Services under this Order.
London Digital Archiving Ltd (t/a Document Scanning Company) shall not be liability to the Customer or any third party for any direct loss or damage of whatsoever nature.
London Digital Archiving Ltd or Document Scanning Company shall not be liable for imperfect work caused by any inaccuracies in any material, documents or specifications supplied by the Customer. The Customer indemnifies and shall hold London Digital Archiving Ltd or Document Scanning Company harmless against all and any loss, damage, claim or liability otherwise arising due to the death. personal injury or damage to the property of employees, agents or Document Scanning Company 's sub-contractors whilst on the Customer's premises for the purposes of provision of the Services and which arise due to the negligence, acts or omissions of the Customer, its agents or employees. Document Scanning Company has calculated the Price on the basis that it is not liable for any other risks.

8. CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL
Document Scanning Company 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.

9. CONFIDENTIALITY
Confidential information shall mean all information identified in writing as being confidential, which is obtained from the Customer by Document Scanning Company , or from Document Scanning Company by the Customer or is generated by Document Scanning Company 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 Document Scanning Company. The confidentiality obligations in this clause shall survive the termination of this Order.

10. DATA PROTECTION
London Digital Archiving Ltd (t/a Document Scanning Company) 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. ERROR
If the services and/products are not done according to Client(s) instruction then Document Scanning Company would redo the job. If job is done according to Client instruction, but the instruction were given wrong or vague then Document Scanning Company would Charge for the reprocessing with a 10% discount.

12. EDGE TO EDGE
To accommodate scanning any text or image close to the edge of the page, Document Scanning Company may scan the text or image as whole page creating lines close to the edge.

13. OCR (Optical Character Recognition)
An OCR will not recognise very poor quality text. Thus London Digital Archiving Ltd (t/a Document Scanning Company) incurs no liability for imperfect work caused by any inaccuracies in any material, documents or specifications supplied by the Customer.

14. INFORMATION
London Digital Archiving Ltd (t/a Document Scanning Company) may rely on any instructions or requests made or notices given or information supplied, whether orally or in writing, by any person whom we know to be or reasonably believe to be authorised by you to communicate with us for such purposes. We may communicate with you by electronic mail where any such person wishes us to do so, on the basis that in consenting to this method of communication you accept the inherent risks (including the security risks of interception of or unauthorised access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices) and that you shall perform virus checks. In addition, to us providing the Services to you, you hereby consent to our using your name and logo (or a reproduction thereof) in any form or medium on condition that such usage is limited solely to information provided to you through delivery of the Services.

15. REVISION OF TERM AND CONDITIONS
London Digital Archiving Ltd (t/a Document Scanning Company) has the right to revise their terms and conditions given the Customer written notice if Document Scanning Company is in the process of providing a Products or Services to that Customer, at the time of the revision.

16. GENERAL PROVISIONS
These Conditions, including Orders entered into from time to time, set forth the entire understanding between the parties and supersede all prior agreements, arrangements and communications, whether oral or written, with respect to the supply of Products and Services. Any Order issued by the Customer shall be for its administrative purposes only and none of its terms and conditions shall be of any force or effect against Document Scanning Company. Each Order, except as its terms otherwise expressly provide, shall be a complete statement of its subject matter and shall supplement these conditions for the purposes of that Order only. No other agreements, representations or warranties, whether oral or written, shall be deemed to bind the parties with respect to the subject matter of these conditions. Neither these conditions nor any Order may be modified or amended except by the mutual written agreement of the parties. Save as otherwise expressly provided all amounts stated by Document Scanning Company are expressed exclusive of value added tax (“VAT”) and any VAT arising in respect of any supply made under these Conditions shall be paid to Document Scanning Company by the Customer in addition to any other consideration for the Products and/or Services. In the event of a conflict between an Order and these conditions, these conditions shall prevail. These conditions shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English court.

17. TERMINATION
Both London Digital Archiving Ltd (t/a Document Scanning Company) and the customer can terminate the Services contract/order or suspend its operation 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.

18. LAW AND JURISDICTION
The Service Contracts/orders shall be subject to and governed by the laws of the United Kingdom and all disputes arising from or under the Services Contracts/Orders shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

19. 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 Jubair Rahman, Managing Director of Document Scanning Company, 806 High Road, Leyton, London, E10 6AE. 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.