By Ordering, Using, Accepting, or Making Payment for the products or services supplied by GEN you agree to be bound by this policy document. This policy document withstands any other product or service specific agreement, contract or regulation. In this document, the term 'we' refers to any GEN company or recognised representative of such. The Term 'you' and 'your' refers to you, as the customer.
The customer agrees to accept communication from GEN via email, fax, phone or postal service at our discretion. The customer agrees that they MUST provide GEN with a valid email address for the term of any existing agreement or contract of supply, OR, In the event that GEN does not supply email services to the customer, advise GEN in writing that an alternative method of communication should be used in the event that no valid email service can be assured.
Minimum Term and Contractual obligations
The majority of GEN Services carry a minimum term of service, this term of service is clearly stated on the accompanying documentation. This minimum term of service is the minimum time that the service must be paid for by the client, irrespective of whether GEN continues to supply the service to the client at the clients request. Should GEN terminate the agreement prior to the minimum term of service, and the client has operated those services within our terms of service, acceptable use policy, and any service specific contract terms (i.e. GW11 for Web hosting services) then GEN will repay the unused period remaining of any minimum term of service to the client.
Charge by Use Services
For Services that are charged by use, or that have an allowance or provision and then charge for additional use, GEN will make charges for these services in arrears and may make them at any time during or after the term of service. Customers must be aware that for some services 'usage' is the usage by the customer, or usage by the general public or both and the customer shall be liable to pay for all that is incurred in addition to any allowance or provision.
Customer and Technical Support
Customers that have purchased services and solutions directly from GEN should contact their account manager for customer services issues, and raise a support ticket for all other issues and requests. * Customers that have purchased SLA's from GEN should use the contact details on the contract for customer and technical support. Please note; GEN Support is NOT Free of charge, and although in some cases (at the discretion of the customers Account Manager) there will be no charge, for the majority of issues charges are applicable. The charges depend on the service level agreement taken by the customer. Customers that have purchased services and solutions via one of our Resellers or Agents should contact: Their Agent or Reseller; It is the obligation of the Agent or Reseller to provide customer and technical support to their customers. * We regret that we cannot accept support requests directly from Agent or Reseller customers except in the case where the Agent or Reseller has not responded to the customers request for assistance within 48 hours, and in which case any support request should be accompanied by a complaint form detailing the circumstances surrounding this support request. All Support Services are provided on a best efforts basis, no guarantee of resolution is implied or given.
Service Level Agreements
GEN operates a number of service level agreements, and further includes these with a number of services and packages. The provision of a service level agreement shall be an adjunct to this agreement to define the level of service only.
Service Provision and Guarantees
ALL Services provided by GEN are provided on our best efforts and are all tested thoroughly before being made available. However, there is no guarantee that these services will not ever fail and in the event that they do, we will undertake to restore them as quickly as possible. For services covered by a service level agreement there are guarantees on uptime and availability and our commitment to restore them should they fail and these services are given priority in the event of multiple failures. Services provided with a 100% uptime guarantee are provided on the basis that the 'service' will remain operational 100% of the time, but does not extend to the private/public infrastructure, software or hardware required to establish communication with that service.
Hardware is sold by GEN under the following standard terms: New; Provided with 12 months warranty Refurbished; Provided with 90 days warranty Second Hand; Provided on the basis that it is not dead on arrival. Additional service level agreements are offered as standard on some products and are available to purchase additionally on most products.
Our warranty covers failure of any supplied hardware within the warranty period due to faulty manufacturing and/or assembly. It does not cover hardware that has failed due to environmental or operational abuse. For the purpose of defining environmental abuse, hardware supplied unless specifically stated shall be stored between 8c and 30c and operated between 10c and 25c with a relative humidity of less than 80% non-condensing. For the purpose of defining operational abuse, it is the operation of the hardware contrary to the manufacturers instructions and/or its intended purpose.
If any supplied hardware fails and it is not covered by any GEN on-site or swap-out warranty then it must be returned to GEN in suitable packaging by courier at the customers cost. In order that we can correctly deal with hardware arriving the customer must obtain a returns number from customer services and write this number clearly on the returned packaging. Any item returned without a returns number will not be processed and we will not be responsible for it. For items covered by on-site or swap-out contact customer services to arrange service.
Fit for Purpose
Hardware supplied is supplied on the basis that it will perform its designed function for the warranty period. We do not guarantee that it will perform any other function. We do not in any way guarantee the operation of software installed on any hardware.
Customer Supplied Hardware
In the event that the customer sources hardware themselves and then contracts GEN to provide software and services, then the responsibility of GEN is limited to the software and services and in the event that the hardware fails it shall be the customers responsibility to repair/replace it.
NAF (Not Our Fault)
We will respond to all requests by our customers for technical assistance, but in some cases it may be found that the cause of problem may not be our equipment or services. In this case GEN reserves the right to charge for our time and effort and any hardware purchased at the customers request.
Administrative work involved in the normal operation of your account is inclusive, however in instances where additional administrative work is required through no fault of our own, we reserve the right to make a charge for the work at our standard rates.
In the event that your attempts at any form of abuse above cause excessive congestion on our networks, or that mail loops are created, or that our virus wall and content filtering servers are tasked with processing more than 100 messages originating from a single client within one day, or that a website, webhost, ftp host or any other GEN server becomes overloaded or burdened as a direct result of the abuse, then GEN technical staff will be required to intervene and stop the abuse at source. They will then undertake to clean-up the message queues, mailboxes, gateways, rawfiles, servers and websites created by the abuse, which shall be charged to the client originating the abuse at a rate of per hour per person.
Consultancy and T&M Work
Consultancy and Time & Materials work is charged on a hourly/half day/daily rate and shall be charged as used. Irrespective of your ordered period, should the engineer/consultant remain on your site past the ordered period then you agree to pay the further charges as incurred. Where materials are supplied to site in accordance with the job and at the request or approval of the customers representative onsite, then you also agree to pay for this at GEN's standard published rates. You have the option to eject the engineer or consultant from your premises at any time during the period of work but shall be liable to the next full hour for hourly charged, to the next half day (4 hours) for half day charged, and to the end of the day (8 hours) for daily charged. Travelling is INCLUDED within the time charged where appropriate and is calculated at a maximum of the time taken from the nearest GEN office to the customer site, or the time taken by the engineer to reach the site from their current local at the point of commencement, whichever is shorter.
Non-GEN Supplied or Out-Of-Warranty
Hardware that is not supplied by GEN, or that is out of warranty shall be undertaken for repair, either onsite of offsite on a best efforts basis. We make no guarantee that we can repair or resolve any issue for non GEN supplier or out of warranty hardware. The standard charges for a hardware call-out apply as per product REPAIR on the GEN price list except where a GEN Maintenance agreement is in place in which case repairs are undertaken on a best efforts materials basis only.
Breach of Contract/Agreement
In the event that you fail to make the required payments, and/or breach your contract(s) and/or agreements(s) with GEN, we shall have the right to make modifications to your services in order to suspend/terminate the operation of said services. This may involve redirection and/or suspension of services. Should the clients account remain overdue for more than 14 days, GEN shall have the right to terminate any and all services supplied to the client, and seek to recover payment of any outstanding debt through our own and third party debt recovery services. During the period that the customer's account is overdue, GEN shall charge the customer interest on that overdue balance at a rate of 8% per calendar month or part thereof. Should the debt require collection, then additional charges will be incurred by the customer inline with our procedures. The initial charge, which shall become due at 30 days past due, is which is to cover the process of case preparation and submission. Additional charges will be indicated on GEN correspondence as they are incurred during the collection process. GEN shall be under no obligation to transfer client domain names, client data, client source code, client artwork or any other produced article or service to the client until any outstanding debt has been settled with GEN. In the event that a customers account is not in order, then services that would normally be provided on credit may be charged in advance, including but not limited to support services, modifications to configurations, production of reports.
Indemnity and Insurances
For any GEN representative attending your site, you agreed to indemnify GEN and our representatives from any liability resulting as of or as the result of any action taken by them that is reasonable, within the scope of their purpose, or as is required to complete task assigned. You further agree that you will comprehensively insure and warrant any GEN representative whilst on your premises against injury or death as a direct or indirect result of their attendance to your site. Furthermore, any equipment delivered to your site by GEN, its agents or subcontractors shall be your sole responsibility to maintain in the condition it was delivered unto you until such time as it is paid for in full. Any GEN owned equipment taken onto your site for the purpose of deployment, installation, commissioning or maintenance shall be comprehensively insured by you against theft or damage by anyone or anything except for GEN representatives.
GEN will not sell or in any other way release customer contact details to any third party, with the exception of GEN authorised resellers and subcontractors. We maintain strict controls on the use and security of personal customer information and shall continue to provide a high level of assurance as to the integrity of GEN and our divisional operations. In extreme circumstances, and where conventional debt recovery has failed, we reserve the option to place notice of a customers default with a licensed credit reference agency.
Due to the high security insisted upon by our customers; At no time will any customer, representative or third party acting under the instruction of any existing or historical customer either directly or indirectly make any attempts to visit ANY GEN installation, site or premises without express written authority to do so by GEN Security and being in possession of a valid GEN visitors smartcard pass. Any persons attempting to gain access to GEN facilities without authorisation or a valid pass will be denied access unreservedly, forcefully removed and prosecuted. GEN Takes the security and integrity of our systems and networks very seriously and shall not hesitate to take whatever action is necessary to ensure the protection of our customers and systems.
Contact and Consent
Under this agreement you consent that GEN will subscribe you to our internal mailing lists both general and applicable to the products and services you use. You consent that we can contact you periodically with service status and updates, blog posts, surveys and announcements as well as critical security warnings and advisories. Additionally GEN may contact you by letter, email and/or telephone if we need to discuss your account, alert you to issues with your account, arrange collections and deliveries, and for any other purpose that is applicable to our business.