Terms & Conditions

ICT Service Terms & Conditions for the Sale of Products & Services to Education Customers in the United Kingdom

1. Introduction

  1. These terms (“Terms”) apply to all Products, Software and/or Services purchased by or on behalf of the customer (the legal person who agrees to buy the Products, Software and/or Services from the ICT Service) (“Customer”) direct from the ICT Service (“The ICT Service”) for its internal use only and to the exclusion of all other terms and conditions. These Terms together with the ICT Service’s Order Documents and Service Documents (as defined below) form a legally binding contract between Customer and The ICT Service for the purchase of Products, Software and Services (“the Agreement”). These documents will apply in following order of priority: (1) Order Documents; (2) Service Documents and (3) these Terms. If Customer and The ICT Service have a separate agreement in place for the purchase of Products, Software or Services, that agreement shall apply instead of these Terms.

2. Definitions

  1. Confidential Information” means collectively information of the disclosing party that is not generally known to the public, such as software, product plans, pricing, marketing and sales information, customer lists, “know-how,” or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential. “Deliverables” means tangible and intangible materials including reports, studies, base cases, drawings, findings, manuals, procedures and recommendations prepared by The ICT Service or its suppliers, licensors in the course of providing the Services. “Intellectual Property Rights” means any patent, copyright, database right, moral right, design right, registered design, trade mark, service mark, domain name, metatag, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right subsisting anywhere in the world and any intellectual property rights in know-how, documentation, and techniques associated with the Deliverables or Materials. “Materials” means all content and other items included with or as part of the Products, Services, Software, or Deliverables, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, music, sounds, and software. “Order Documents” means the quotation and/or the order confirmation and/or the invoice sent by The ICT Service to Customer which describes the Products, Software and Services purchased by Customer under the Agreement as well as Prices, payment terms and other provisions. “Prices” means the gross price payable for the Products, Software and/or Services including the charges set out in clause 3.2. “Products” means computer hardware and related products supplied by The ICT Service under the Agreement. “Services” means the services provided by The ICT Service as described in any Service Documents. “Software” means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as related documentation, provided by the ICT Service to Customer. Software includes software (1) provided by The ICT Service and locally installed on Customer’s hardware and/or equipment or (2) made available by The ICT Service and accessed by Customer through the internet or other remote means (such as websites, portals, and “cloud based” solutions.

3. Ordering, Prices, Payment

  1. Any quotes issued by The ICT Service shall be valid for 14 days unless stated otherwise in the quote.
  2. Prices for the Products, Software and Services shall be stated in the Order Documents or Service Documents issued by The ICT Service. Quotes provided by The ICT Service exclude value added tax and any other taxes, levies, and shipping charges unless expressly set out in the quote. Such charges are payable by Customer in addition to the prices quoted and may appear as separate items on the Order Documents.
  3. For multi-year contracts, services taken may be varied at any time. Any additional services added shall benefit from the multi-year discount and will be charged accordingly. Additional services shall be activated at a date agreed between the parties and charged pro rata from that time. For any services reduced or cancelled a 3 month pro rata penalty shall be due for the total value of that particular service in the year that it is cancelled. In the event of a reduced level of service the penalty shall be calculated on the difference between the existing service and the reduced service cost for the year in which it is cancelled. Services shall be stopped from the date the cancellation is given. Cancellations must be given in writing, email is acceptable.
  4. For single year contracts a notice period of 3 months is required.
  5. Prices for the Products, Software and Services are subject to change at any time until The ICT Service accepts an order from the Customer. The Customer will be notified of any change to Prices prior to an order being accepted, at which point they may choose to cancel or modify their order.


4. Changes to Products, Software or Services

  1. Changes in a Product, Software, or Service may occur after a Customer places an order but before The ICT Service ships the Product or Software or performs the Service, and Products and Software or Services Customer receives might display minor differences from the Products, Software, or Services Customer orders but they will meet or exceed all material functionality and performance of the Products, Software or Services that were originally ordered.

5. Products

  1. The ICT Service shall deliver the Products to Customer’s location as set out in the Order Documents. Delivery dates are non-binding and time for delivery shall not be of the essence. If no delivery dates are specified, delivery shall be within a reasonable time. Delivery of Products may be made in instalments. The ICT Service shall not be liable for any loss (including loss of profits), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by The ICT Service’s negligence), nor will any delay entitle Customer to terminate or rescind the Agreement.
  2. The Products shall be at the risk of Customer or its representative from the time of delivery. The ICT Service retains legal, beneficial and equitable ownership of the Products until full payment for such Products and all other money payable by Customer to The ICT Service on any other account or under the Agreement or any other agreement is received by The ICT Service from Customer. Therefore, until full payment is received, Customer will (1) hold the Products on a fiduciary basis as The ICT Service’s bailee (2) store the Products (at no cost to The ICT Service) separately from all other goods of Customer or any third party in such a way that they remain readily identifiable as The ICT Service’s property (3) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products (4) maintain the Products in satisfactory condition and keep them insured on The ICT Service’s behalf for their full price against all risks to the reasonable satisfaction of The ICT Service. On request Customer shall produce the policy of insurance to The ICT Service. Customer grants The ICT Service, its agents and employees an irrevocable licence at any time to enter without restriction any premises where the Products are or may be stored without prior notice in order to inspect them, or, where Customer’s right to possession has terminated, to recover them. The ICT Service shall be entitled to maintain an action against Customer for the price of the Products notwithstanding that legal, equitable and beneficial title to and property in the Products has not passed to Customer.
  3. Customer shall inspect the Products to identify any missing, wrong or damaged Products or packaging, and notify The ICT Service of any such issues which would be apparent on reasonable inspection and testing of the Products within 7 days of the date of delivery of the Products. Where the defect or failure would not be so apparent within 7 days of the date of delivery, Customer shall notify The ICT Service in writing of any defects or other failure of the Products within a reasonable time. If Customer does not comply with the notification requirements in this clause, Customer shall not be entitled to reject the Products; The ICT Service shall have no liability for such defect or failure, and Customer shall be bound to pay for the Products as if they had been delivered in accordance with the Agreement. The ICT Service shall, at its discretion, repair or replace Products rejected in accordance with this clause.

6. Software

  1. Software is subject to separate software licence agreements accompanying the software media and any product guides, operating manuals, or other documentation presented to Customer during the installation or use of the Software.
  2. In the absence of licence terms accompanying the Software, The ICT Service grants Customer a non-exclusive licence to access and use the Software provided by The ICT Service. Software provided or made available to Customer by The ICT Service in connection with the provision of the Services may be used only during the term of the Services and solely as necessary for Customer to enjoy the benefit of the Services.
  3. For Software provided by The ICT Service in connection with the provision of the Services, the following clauses shall apply:
    1. Customer may not: (1) copy (save for making a backup copy), adapt, licence, sell, assign, sublicense, or otherwise transfer or encumber the Software; (2) use the Software in a managed services arrangement; or (3) use the Software in excess of the authorised number of licensed seats for concurrent users, sites, or other criteria specified in the applicable Service Documents.
    2. Customer is prohibited from (1) attempting to use or gain unauthorised access to The ICT Service or to any third party’s networks or equipment; (2) attempting to probe, scan, or test the vulnerability of Software or a system, account, or network of The ICT Service or any of its customers or suppliers; (3) interfering or attempting to interfere with service to any user, host, or network; (4) transmitting unsolicited bulk or commercial messages; (5) restricting, inhibiting, or otherwise interfering with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Software (except for tools with safety and security functions); or (6) restricting, inhibiting, interfering with, or otherwise disrupting or causing a performance degradation to any The ICT Service (or The ICT Service’s suppliers’) facilities used to deliver the Services.
  4. The ICT Service takes no responsibility for keeping records of licences Customers have purchased

7. Warranty

  1. All products have one year direct with manufacturer’s warranty, unless otherwise specified.

8. Confidentiality

  1. Each party must treat all Confidential Information received from the other party as it would treat its own confidential information generally, but with no less than a reasonable degree of care.
  2. Schools Contract Regulations will apply if you decide to seek quotations from other suppliers.  All candidates invited to quote must be provided with exactly the same information at the same time and subject to the same conditions.  The details of this quotation must not be shared with any other candidates.

9. Customer Data

  1. The Customer agrees to take full responsibility for all files and data, and to maintain all appropriate backups of files and data stored on Customer owned equipment. The ICT Service will not be responsible for any data loss.

10. Termination

  1. The Customer may terminate an order at any time; however The ICT Service reserves the right to charge a restocking fee which will be determined on an individual order basis.

11. WEEE Compliance

  1. The ICT Service will act in compliance with the Waste Electrical and Electronic Equipment Directive 2002/96/EC (“WEEE”) but it reserves the right to charge for these services.

What people say about us

Immediate response to my FMS issue and problem sorted within minutes, as usual. Thank you Kath!

Chris Ashley, Ely St John's Primary - 16 March 2021 about School Finance Consultancy

Excellent service. Problem resolved efficiently. Information shared in a friendly manner.

Sam Brown, Sutton Primary School - 2 November 2020 about Technician Support

I was very pleased with the way The ICT service were able to help tp diagnose the issues remotely and get support from an engineer within a reasonable time frame despite some hiccups along the way. efficient, helpful and friendly service as always. Thank you!!

Emma Little, Linton Infant School - 23 February 2021 about Technical Support

A very quick resolution and very clearly explained. Thanks.

Sally Merson, Wheatfields Primary School - 26 January 2021 about Technical Support

Kath always finds a solution - thanks!

Sandra Adderley, Barton Primary School - 26 November 2020 about School Finance Consultancy

Bespoke training according to our organisation's needs and all questions answered. Also follow up support and guidance was invaluable.

Iman Ibn Tahaikt, Abu Bakr Islamic School - 4 December 2020 about GDPR DPO Service

We are very grateful for the help, attention and advice given by our ICT technician on these visits.

Diane Baslington, The Bellbird Primary School - 30 September 2020 about Technician Support

SIMS issue resolved quickly - Thank you Sharon!

Office Staff, Spaldwick Primary School - 6 October 2020 about Helpline

Clare was extremely helpful as are all the team.

Katie Dixon, Ridgefield Primary School - 19 November 2020 about Helpline

Excellent service and very quick from when I had logged my issue to it being resolved. Instructions were simple to follow and worked straightaway. Thank you very much for such an efficient service and also thank you for thinking of making certain processes simpler for the users.

Sonia Singh, Guilden Morden Primary School - 25 January 2021 about Technical Support

Chris responded very quickly and solved the issue.

Sarah Bowie, Linton Heights Junior School - 1 February 2021 about Technical Support

Emailed the request across, matter was dealt with quickly, kept in the loop all the way through. Thank you.

Mrs Pearce, Bottisham Primary School - 19 January 2021 about Technical Support

As always ICT service had the answer - very quickly and very clear - thank you

Annie Urquhart, Icknield Primary School - 18 December 2020 about Helpline

Jane is always quick to respond and very helpful. what would we do without her??

Cathy Smith, Sir Harry Smith Community College - 8 February 2021 about Helpline

Excellent response to my email query. Sorted as quickly as humanly possible in the current situation. Thank you!

Chris Ashley, Ely St John's Primary - 30 November 2020 about Helpline

Excellent response time and quality of response. Donna always has time to discuss issues, advise on how to address our concerns and put our minds at rest, if appropriate. Thank you Donna.

Chris Ashley, Ely St John's Primary - 9 November 2020 about Consultancy Services

Very happy that this job was turned around so quickly and efficiently. I really appreciate as this will help the school a lot in organising events for those children in school and those children home learning to ensure everyone is involved.

Rochelle Butcher, Hemingford Grey Primary School - 29 January 2021 about Technical Support

Daniel was excellent with the roll out and assisted with a few glitches with the licensing as well.

Sarah Keeble, Bramford Primary School - 15 December 2020 about Technical Support

I appreciate how expeditiously the issue was resolved and communicated back to me.

David Walker, Downham Market Academy - 28 January 2021 about Technical Support

Jane was a knowledgeable as ever.

Beverley Clowes, Bottisham Primary School - 19 October 2020 about Helpline

Kath is always the best of help. Thank you.

Kerry Darby, Elton Primary School - 15 October 2020 about School Finance Consultancy

Claire and Jane patiently dealt with this complex problem and resolved it for us in the end. Thank you very much to both of them!

Anne Maskell, St Matthew's Primary School - 30 September 2020 about Helpline

I am very grateful that my OneDrive issue has been solved. It may seem like a small thing but it makes life so much easier. THANK YOU!!

Amanda Burniston, Hilgay Riverside Academy - 1 December 2020 about Technical Support

Impressive resolution to my issue, thanks!

Sally Merson, Wheatfields Primary School - 28 January 2021 about Technical Support Team

I am always impressed by how helpful and supportive the staff at ICT are. On this occasion Donna helped me and she was brilliant. Thank you!

Gill Dunbavin, Isleham Primary - 21 January 2021 about Helpline

I think the service has been excellent. I was a bit wary at first - I was unsure how long it would take you to respond, or if you would even respond at all - but the speed and efficiency with which you have dealt with every concern or question I have had, has been amazing. Thoroughly recommend.

Cath Causer, Manea Primary School - 27 October 2020 about Technical Support

Once we were able to set up the remote session, it was efficient and Michelle resolved both my issues. I was kept informed along the way as to what she was doing. Great service. Thank you.

Sonia Singh, Guilden Morden Primary School - 17 November 2020 about Technical Support

I wish my Internet at home was as fast as Rob. My life would be much less frustrating.

Julie Warman, Littleport Primary School - 6 November 2020 about Helpline

Excellent response. Jane sorted me out within minutes, as usual. Thank you!

Chris Ashley, Ely St John's Primary - 2 March 2021 about Helpline

We are very fortunate to have Donna as DPO. She always responds quickly, gives sensible advice and will follow up in writing for reference.

Ilona Wrigley, Oakdale Primary School - 30 November 2020 about GDPR DPO Service

Excellent service as always. Good to know that we have a knowledgeable and fabulous team supporting schools.

Diane Baslington, The Bellbird Primary School - 2 March 2021 about Technical Support

Vanessa was very helpful - didn't make me feel silly!

Hannah Burnham, Newton Primary School - 16 October 2020 about Helpline

Daniel could not have been more patient in determining the issue and resolving it. I am so happy with the service and support that is always given from the ICT service. Thank you

Cathy Smith, Sir Harry Smith Community College - 10 March 2021 about Technical Support

The issue I had was resolved very quickly and easily and in a professional and friendly manner. I really appreciate having had my problem sorted so speedily! Thank you.

Amanda Hill, Ermine Street Church Academy - 5 January 2021 about Helpline

Donna kept communicating with me throughout my technical & communication difficulties which I am extremely grateful for! Thank you very much Donna :)

Yvonne Jenner, Ashbeach Primary School - 21 January 2021 about GDPR DPO Service

Always have great confidence that The ICT Helpline will help you to solve your problem, fab service as always.

Esther Hay, Spring Common Special School - 6 November 2020 about Helpline

Totally happy with the quality and speed of the response which will help us move forward with our remote learning. Thank you Vanessa!

Chris Ashley, Ely St John's Primary - 5 October 2020 about Helpline

Thank you for the immediate response to my problem. Sorted within seconds!

Chris Ashley, Ely St John's Primary - 3 February 2021 about Helpline

Had a problem with the Entrust fob, emailed and within a very short time, all sorted. Thank you!

Julie Warman, Littleport Primary School - 29 January 2021 about Technical Support

Jo Puckering is superb!

Rebecca Soper, St John's Primary School - 7 January 2021 about Technical Support

Jane has the expertise to sort any SIMS problem. A real asset.

Beverley Clowes, Bottisham Primary School - 14 January 2021 about Helpline

I like the option to email queries/questions that I do not need an immediate response to - always answered in a helpful and timely manner.

Sharon Murray, Cherry Hinton Primary School - 8 December 2020 about Helpline

Brilliant service and very quick response, especially in these really difficult times. The report was exactly what I requested.

Nadine Purcell, Stukely Meadows Primary School - 26 January 2021 about Helpline

Rob was super-efficient and helpful, as always! Thank you!

Kate Barnes, Spring Meadow Infants - 27 November 2020 about Helpline

I needed an incorruptible version of our headed paper as one of the logos had been updated. Within about 5 minutes of emailing my request, the amended version was in my inbox - thanks Rob!

Julie Warman, Littleport Primary School - 16 March 2021 about Helpline

Immediate resolution to the issue via the knowledge and experience of Kath Ryans at The ICT Service

Nadine Purcell, Stukely Meadows Primary School - 1 October 2020 about School Finance Consultancy

Great service, issued resolved within minutes.

Esther Hay, Spring Common Special School - 6 November 2020 about Helpline

Always so helpful and informative.

Sarah Coulson, Colville Primary School - 6 January 2021 about Technical Support

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