Technical Support Terms & Conditions

  • Effective 21 March, 2025
  • Updated 21 March, 2025

Terms & Conditions – Relating to the Provision of Services

These General Terms and Conditions apply to any Technical Support Services (Dealer Tool Support, Vehicle Technical Support) Subscriptions (e.g. AllData), or training purchased by a Customer from the Company. By agreeing to these Terms and Conditions and completing the subscription agreement, the Customer agrees to be bound by these terms.

1. Definitions and Interpretation

1.1 Key Terms:

  • Agreed Purpose: The provision of the Services.
  • Agreement: These General Terms and Conditions and the Order Form.
  • Applicable Law: The laws of England and Wales.
  • Business Day: Any day other than a Saturday, Sunday, or public holiday in England.
  • Business Hours: 9 AM to 5:00 PM (UK time) on a Business Day.
  • Charges: Fees payable by the Customer as per the Subscription Agreement.
  • Company: Maverick Diagnostics Limited (Company No. 1075 6089), registered at Longfields, Buck Road, Commonwood, Holt, Wrexham LL13 9TF.
  • Confidential Information: Information disclosed by or on behalf of the Company, which is not publicly available.
  • Data Protection Legislation: UK GDPR, Data Protection Act 2018, and related regulations.
  • Force Majeure: Uncontrollable events affecting the Company’s ability to fulfil obligations.
  • Intellectual Property: Patents, copyrights, trademarks, and proprietary rights.
  • Subscription Agreement: The selected technical support subscription for either Dealer Tool Support, Vehicle Technical Support or AllData.
  • Personal Data: As defined under Data Protection Legislation.
  • Services: As specified in the Subscription Agreement.
  • Software: Third-party software is provided as part of the Services.
  • Term: Initial Term and Extended Term as per clause 11.1.
  • User: Any person authorised by the Customer to use the Services.

1.2 Interpretation

Headings are for convenience only.

Words denoting singular include plural and vice versa.

References to “writing” include email.

2. Provision of Services

The Company provides Services with reasonable skill and care but does not guarantee uninterrupted or error-free operation.

Services are provided remotely.

The Company may update Services as necessary without materially affecting their quality.

The Company operates as an independent contractor, not an agent of the Customer.

The Company may sub-contract the Services while remaining responsible for their performance.

3. Customer Obligations

Provide cooperation, accurate information, and access as required.

Use Services in accordance with applicable laws and Company policies.

Maintain the security of account credentials.

Notify the Company of unauthorised access.

Not use Services for illegal, abusive, or fraudulent activities.

4. Proprietary Rights

All Intellectual Property in the Services remains with the Company or its licensors.

Customers may not copy, modify, or reverse engineer any provided Software.

5. Suspension of Services

The Company may suspend Services due to:

  • Maintenance or security concerns.
  • Breach of Customer obligations.
  • Non-payment of fees.

6. Charges and Payment

Charges are payable as per the Subscription Agreement.

Payments are due as specified; failure to pay may result in service suspension.

Late payments may incur interest at 2% above the Bank of England base rate.

7. Liability

The Company is not liable for losses due to:

  • Customer actions.
  • Third-party software.
  • Unauthorised modifications.

Liability is limited to 50% of the annual Charges.

The Company is not responsible for indirect losses such as lost profits or business opportunities.

8. Confidentiality

Customers must keep Confidential Information secure.

Disclosure is permitted only as required by law.

9. Data Protection

The Company processes Personal Data in compliance with applicable laws.

10. Indemnity

Customers agree to indemnify the Company against claims arising from their use of the Services.

11. Term and Termination

The Agreement is for an Initial Term of 12 months, renewing automatically unless terminated with 30 days’ notice.

The Company may terminate immediately if the Customer:

  • Breaches the Agreement.
  • Becomes insolvent.
  • Fails to make payment.

12. Consequences of Termination

Customers must cease using the Services immediately upon termination.

Any outstanding fees remain payable.

13. Force Majeure

The Company is not liable for failure to perform due to uncontrollable events.

14. Assignment

Customers may not transfer rights under the Agreement without prior consent.

15. Entire Agreement

This document constitutes the entire agreement between the parties.

16. General Provisions

The Agreement does not establish a partnership or agency relationship.

No third party has rights under this Agreement.

17. Notices

Notices must be sent by recorded post or email.

18. Governing Law and Jurisdiction

The Agreement is governed by English law.

Any disputes are subject to the exclusive jurisdiction of English courts.

Contents