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Service Agreement Terms & Conditions

How we do business

Terms & Conditions

XBM provides a comprehensive Managed Print Service and below are the Service Agreement’s Terms and Conditions.

XBM Office Products

XBM LIMITED – Service and Maintenance Agreement    

(Last update: 9th May 2024)

(Definitions are contained in Clause 19)

 

  1. General

1.1 Subject to any variation in accordance with these Conditions the Service and Maintenance Agreement shall be governed by these conditions which will apply to the exclusion of all other terms and conditions (Including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or any other document), and will supersede any previous terms and conditions appearing in our catalogues or elsewhere.

1.2 In the event amendments are agreed by the company and confirmed  in writing from a director, these will only be in play as long as there is no debt owing or no other contractual breaches. In the event of non-payment or other contractual breach, XBM will revert back to standard terms and conditions. These can be found on our website as highlighted in clause 1.11.

1.3 Each Purchase Order issued by the Customer to the Company which shall always be on the Company’s standard form of purchase order, from time to time, shaII be deemed to be an offer from the Customer to the Company for the provision of the Services by the Company, subject to these Conditions.

1.4 Subject to clause 1.5, no Purchase Order issued to us will be deemed to be a contract until confirmed by us by countersignature by one of our directors.

1.5 Subject to clause 1.5, any quotation given by us is given on the basis that no contract will come into existence until a Purchase Order has been issued and signed by one of our directors in accordance with Clause 1.3. Any quotation is valid for a period of thirty (30) days only from its date provided that the Company has not previously withdrawn it.

1.6 Once the contract has been signed, if you wish to terminate prior to the device(s) being installed, the full RRP value of the equipment that has been ordered will become due along with any other costs incurred

1.7 Where the Serviced Equipment specified on the Purchase Order issued to us pursuant to clause 1.3, is equipment which has not been supplied by the Company or is unknown to the Company or is pre used equipment, no contract will be formed until the Company has confirmed that a pre-contract inspection has been carried out to the Company’s satisfaction which inspection shall be carried out by the Company on a Time and Material Basis at the Customers cost and may include the cost of bringing the machine into a state acceptable to the Company.

1.8 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Service and Maintenance Agreement. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

1.9 The Customer is responsible for ensuring that the terms of the Purchase Order are complete and accurate.

1.10 To the extent that these Conditions do not provide consumers (as defined in Section 25(1) of the Unfair Contract Terms Act 1977) with the statutory protections conferred upon them from time to time by United Kingdom consumer and/or sale of goods legislation. These Conditions will be deemed to be varied or amended to confer such statutory protection upon consumers as so defined who Customers are and these Conditions shall be read and construed accordingly

1.11 XBM Ltd reserves the right to amend the Terms and Conditions from time to time and the Customer shall be subject to the Terms and Conditions that are in force at the time that the photocopier is used. Any changes to the Terms and Conditions will be available to view on our website. The Customer agrees that it shall check www.xbmltd.com/tandcs not less than once every 3 months in order to check whether the Terms and Conditions have been amended.

  1. Term

2.1 Subject to clause 11 below. The Service and Maintenance Agreement shall remain in place for the initial Service Period.

2.2 On expiry of the initial Service Period the Service and Maintenance Agreement will automatically renew on a yearly basis until terminated in accordance with the provisions of clause 11.

  1. Services

3.1 Subject to the terms of the Service and Maintenance Agreement, upon acceptance by the Company under clause 1.3 or clause 1.5, the Company will provide the following services to the Customer (which services shall together hereinafter be referred to as (“the services”):-

(a) maintenance services to ensure that the Serviced Equipment remains operational, as more particularly described in clause (“Maintenance Service”); and

(b) Consumable supplies for use with the Serviced Equipment, as more particularly described in clause 5 (“Consumables Service”).

3.2 The Services will be by the Service Provider at the Customer’s address within the United Kingdom as specified in the Purchase Order (or to such other place as maybe agreed by the Customer and the Company in writing within the United Kingdom).

3.3 The Services shall be provided in respect of the Serviced equipment between 09.00 and 17.00 Monday to Friday excluding bank holidays and public holidays (the Company’s normal working hours).

3.4 The Customer will allow access to the Serviced Equipment whenever the Service Provider requires to carry out the services. The Customer will co-operate with the Service Provider to the extent necessary to permit the Services to be performed efficiently and without interruption. Where relevant, the Customer shall permit the use by the Service Provider of any equipment or facilities reasonably deemed necessary for the performance of the Services.

3.5 Where the Purchase Order details a number of items of Serviced Equipment, this Service and Maintenance Agreement governs the provision of the Services applicable to each item of Serviced Equipment separately unless indicated otherwise on the Purchase Order where marked “Service Status”·.

  1. Maintenance

4.1 The Maintenance Service shall include, inspecting, adjusting, repairing and providing and installing replacement parts where deemed necessary by the Company. The Maintenance will be provided by the company on a best endeavour 4 hour response. Maintenance shall only be provided following compliance by the Customer with the terms of clauses 4.2 and 4.3.

4.2 When a fault with the Serviced Equipment occurs the Customer must first utilise any support materials shipped with the product.

4.3 If the Customer is unable to repair the product in accordance with 4.2 and the Customer requires the Maintenance Service the Customer must notify the Company on 01132 533 342 and work co-operatively with any telephone support provided to try to repair the product. Telephone calls may be recorded and/or monitored for training purposes.

4.4 The Company will repair or, at the Company’s option, provide a replacement for any Parts of the Serviced Equipment found, on an inspection by a Service Provider, to be defective. Replacement parts will be in good working order and may be new or used. Any parts which we remove from the Serviced Equipment will become our property on such removal

4.5 If the Serviced Equipment contains features that enable a Service Provider to diagnose and repair problems with the Serviced Equipment remotely, the Service Provider may, with the Customer’s prior approval access the Serviced Equipment via the internet to assist the troubleshooting process.

4.6 Normal Customer Maintenance and cleaning as described in the user manual for the Serviced Equipment is not covered by the Service and Maintenance Agreement and as such if the Customer requests that we clean the machine this is chargeable in accordance with clause 6.2.

4.7 In accordance with clause 1.5 above items of Serviced Equipment detailed on the Purchase Order are only eligible for the services under the Service and Maintenance Agreement when all previously existing faults identified by the pre-contract inspection have been repaired and the Serviced Equipment thereby brought up to the Company’s specification. If the Customer requests the Company to carry out any necessary repairs identified by the pre-contract inspection these will be chargeable on a Time and Materials Basis.

4.8 Maintenance releases for software and firmware may be required to correct performance problems with the Serviced Equipment and will be provided under the Service and Maintenance Agreement where deemed applicable by the Company.

4.9 XBM offers remote copier support which is free for the first 6 months. This is chargeable thereafter at £14.99 + VAT per month. You can opt out of this at any point. If you want to use this service after opting out, you have to sign up to a minimum of 6 months.  Network supports does have exclusions. Please ask for further information.

  1. Consumables

5.1 The Consumables Service shall include the provision of such amount of Consumables to the Customer as is specified in the Customers Service Plan.

5.2 The Customer is requested to notify the Company on 01132 533 342 when ordering Consumables for the Serviced Equipment. Any delay in ordering Consumables, effecting the equipment’s operation will solely be the Customers liability. Alternative order placement is available and may be arranged by agreement with the Company and the Customer.

5.3 The Company will use reasonable efforts to achieve delivery of Consumables ordered by the Customer using the appropriate method within two (2) working days of the date of the order. This is charged at £6.00 + VAT per consignment

5.4 The Consumables service includes the provision of toner CRU or toner cartridges required by the Customer for the Serviced Equipment The Customer acknowledges that with each offer for toner CRU or toner cartridges it will be mandatory to provide a total meter count against the serial number of the Serviced Equipment in respect of which such is required. The Company will not ship toner CRU or toner cartridges unless this meter reading information is entered at time of order, any resulting delay affecting the machines operation will be the Customers liability.

5.5 Toner usage will be monitored against meter readings collected when consumables are ordered or the alternative offer placement system as agreed between the parties in accordance with clause 5.2 or when an engineer visits the machine.

5.6 Refurbished or refilled toner CRU or toner cartridges may be supplied to the customer in fulfilment of the consumables order.

5.7 For the avoidance of doubt, any consumables (including toners) included in this Service Agreement are for use by the Customer only in the Serviced Equipment to which this Service and Maintenance Agreement relates.

5.8 The Company offers toner and meter read automation. This service means the device will submit meter reads and order toner as and when required. This service is chargeable at £3 per month/per machine + VAT. You can opt out of this service by downloading a removal form from our website (www.xbmltd.com/removal) and submit this request to *protected email*.

  1. Exclusions

6.1 The Company will not be obligated under this Service and Maintenance Agreement to;

  1. a) Supply staples for any machine that has a staple or saddle stitch finisher attached. For the avoidance of doubt, The Company will only supply toners and parts as part of the service and maintenance agreement.
  2. b) Repair damage resulting from attempts by personnel other than the Company and/or a Service Provider to repair or service the Serviced Equipment unless agreed in writing by a Director of the Company;
  3. c) Repair any damage, malfunction or degradation of performance of the Serviced Equipment resulting from improper use, incorrect installation, or connection to incompatible equipment or memory;
  4. d) Provide any application software support or service involving computer applications or embedded software;
  5. e) Repair any damage, malfunction, or degradation of performance of Serviced Equipment caused by consumables, not specified for use with the particular product;
  6. f) Perform maintenance or cleaning of the serviced equipment or to repair damage, malfunction, or degradation of performance resulting from any failure on the part of the Customer to perform maintenance and cleaning;
  7. g) Repair damage, malfunction, or degradation of performance of the Serviced Equipment resulting from use of the serviced Equipment in an environment not meeting the operating specifications set out in the Customer Manual;
  8. h) Repair damage, malfunction, or degradation of performance of the Serviced Equipment following the physical move of the Serviced Equipment where such damage has occurred due to non-compliance with the transport guidelines prescribed in the Customer Manual;
  9. i) Repair any accessories to the Serviced Equipment or
  10. k) Repair, damage, malfunction or degradation of performance of the Serviced Equipment resulting from painting and/or refinishing the Serviced Equipment for cosmetic purposes.
  11. l) To provide compensation for any consumables used when a machine has faulted or is being repaired by an engineer.
  12. m) The company will not be liable for damages in any event for; loss of business profits, business interruptions, or other incidental or consequential damages arising from work on customer’s site.

6.2 Notwithstanding the fact that none of the items set out in clause 6.1 are included in the Services, if the Customer requests the Company to provide any of the services included within clause 6.1 above and the Company agrees in writing to do so, such service will be provided on a Time and Material Basis.

  1. Price

7.1 The Services has been ordered by the Customer based on the Service Plan as detailed on the Purchase Order.

7.2 The Service Plan is a forecast of service requirements based on an annual page volume at a cost per page. The Service Plan consists of a monthly Basic Charge (as detailed on the Purchase Order) (“Basic Charge”) which is the minimum monthly payment in respect of the Services and includes those pages forecast in the Service Plan.

7.3 Additional pages used (in excess of those Included in the Basic Charge (if any) will be charged at the pre-identified fixed price per page as set out in the Purchase Order in the box marked “Charge per each further page(“the Additional Charge”).

7.4 The Company reserves the right to increase the price of the Basic Charge and / or the Additional Charge from that specified on the Purchase Order to cover any increase in the cost of provision of the Service.

7.5 Any such changes in accordance with Clause 7.4 will take place on the anniversary of the commencement of the Service and Maintenance Agreement will be notified to you in writing giving thirty (30) days notice.

7.6 No credit will be given for unused pages included within the Basic Charge.

7.7 The Customer will be invoiced for the Basic Charge in advance on annual calendar as specified in the Service Plan. The invoice schedule will be:

(a) First Invoice will be pro-rata in advance for period from installation date to end of first calendar quarter.

(b) Following invoices will be in advance for subsequent calendar periods for the duration of the contract.

7.8 Any additional Charge payable in accordance with 7.3 will be included on basic charge invoices and will be invoiced in arrears.

7.9 All invoice amounts exclude Value Added Tax (VAT) and are in Sterling.

7.10 The Customer may not change the nominated Service Plan during the Initial Service Period unless agreed in writing by a director.

7.11 The Basic Charge and the Additional Charge are based on a maximum coverage of 5%. If average coverage exceeds 5% the company reserves the right to increase the price of the Basic Charge and / or the Additional Charge which will be effective immediately.

7.12 The Company reserves the right to charge a minimum invoice amount of £15 per month + VAT

7.13 The Company will remove equipment owned by the customer at a charge of £50 per device + VAT.

  1. Payment

8.1 The Customer shall pay invoiced amounts within seven (7) days of the date of the invoice. Time is of the essence.  Payment shall be made in Sterling.

8.2 The Company may withhold the Services under the Service and Maintenance Agreement if the customer fails to make any payment when due.

8.3 The Company retains the right to charge the Customer in order to collect debt under the Late Payment of Commercial Debt act 1998. For debt under £1k the sum of £40, For debt under £10k the sum of £70 and for debt above £10k the sum of £100.

8.4 Interest will be charged Under section 6 of Late Payment of Commercial Debt act 1998. Under section 6 of the act we will be claiming statutory interest plus the Bank of England base rate per annum.

8.5 If the Company withholds the Services in accordance with clause 8.2, the services will not be reinstated until the company has confirmed that the Serviced Equipment has been reviewed to the Company’s satisfaction by a qualified engineer (a pre-contract inspection carried out on a Time and Material basis at the Customers cost).

8.6 If the Company withholds provision of the services in accordance with clause 8.2 the charges under the Service plan do not cease.

8.7 The Company may, at its sole discretion in writing, decide to waive the pre-­inspection applicable in accordance with clause 8.4.

8.8 The Company retains the right to charge the customer £15.00 + VAT administration charge per invoice in the event of the cancellation of customer Direct Debit for the remainder of the contractual period and until such times as either a Direct Debit is reinstated or the contractual agreement ends.

  1. Limitation of Liability

9.1 All warranties or conditions whether express or implied by statute, common law, custom or otherwise are hereby excluded to the extent that the same may be excluded under statute, including but not limited to reasonable skill and care and timeliness of performance.

9.2 We shall not be under any liability whatsoever to the Customer if repairs or alterations of any kind are attempted to the Serviced Equipment by the Customer or any third party without our express approval in writing signed by one of our directors.

9.3 We shall be liable without limitation to indemnify the Customer in respect only of claims arising from injury to or the death of any person where and to the extent that such injury or death is caused by negligence on our part or that of our employees.

9.4 Save as specified in Clause 9.3 we shall not be liable for any indirect or consequential damage or loss whatsoever to the Customer or to others or to property caused by or arising out of or in connection with any advice given or the provision of services or of any defect inherent, latent or otherwise in any of the materials supplied by us.

9.5 Save as provided in clause 9.3 in the case of any loss or damage arising directly from any breach of contract between the Customer and ourselves or negligence on our part our liability whether in contract or in deceit or tort shall not exceed an amount equal to the Basic Charge paid by the Customer to us for the service for a 12 month period (excluding VAT).

  1. Meter Readings

10.1 The Company or any of its Service Providers will ask the Customer to provide a meter reading via the internet, email or telephone every period laid out in the Service Plan. The Customer will provide a meter reading to the Company or the relevant Service Provider (as appropriate) within seven (7) days of being prompted. If no meter reading is received by the Company or the Service Provider, the Company will generate an estimated invoice for any Additional Charges payable in excess of the Basic Charge based on information from engineer visits and toner orders data.

10.2 The Company or any of its Service Providers may require to visit the Customer’s premises to enable a physical verification of meter readings. In accordance with clause 3.4, the Customer wlll allow this inspection to take place.

10.3 in the event the estimated billing is in excess of the actual readings, the Company will only offer a credit note for the difference and only in the event that the company is at fault.

10.4 The Company can bill the customer by impressions or developments. This is at The company’s discretion.

  1. Termination & Cancellation

11.1 The Company may terminate the Agreement immediately by written notice to the Customer if the Customer fails to pay any amount due or if the Customer breaches any other material provision of the Service and Maintenance Agreement.

11.2 The Company may terminate this Service and Maintenance Agreement at any time by giving at least three (4) months written notice to the Customer.

11.3 In the event that the average metered billing volume falls below 40% of the average consumption of the first year of this agreement, we reserve the right to either terminate this agreement without notice and you shall be liable to pay the early settlement invoice or apply a minimum commitment to the account. The commitment will be based on an average metered billing from the 1st year of the contract.

11.4 If the Customer is found to be in breach of this Service and Maintenance Agreement and the Company wishes to terminate in accordance with 11.1 or 11.3, Upon termination the Customer must pay the termination invoice which will be supplied in writing. This will be calculated as the average of all quarterly/monthly copy charge invoices multiplied by the number of quarters/months remaining on the contract plus 120 days. There is also an £80 admin fee that is added to the termination invoice. The Customer must pay the termination invoice before this Agreement will terminate.

11.5 The Customer may terminate this Service and Maintenance Agreement before the end of the Initial Service Period by requesting an early Settlement Quotation in writing and provide 120 days notice. This will be calculated as the average of all quarterly/monthly copy charge invoices multiplied by the number of quarters/months remaining on the contract plus 120 days. There is also an £80 admin fee that is added to the settlement quote. The Customer must pay the Early Settlement invoice before this Agreement will terminate.

11.6 Upon termination the Company or one of its Service Providers will request a final meter reading from the Customer, which the Customer must supply. The Company will invoice the Customer for any pages used in excess of the copies/prints included within the Service Plan in accordance with clause 7.4.

11.7 If the device is leased and the customers settles the lease agreement early XBM can terminate the agreement in line with the 11.5 early termination calculation or charge a rental on the device for the remaining minimum term.

11.8 Upon termination the Customer will not be entitled to any credit for any unused portion of the Agreement which has been paid for in advance.

11.9 The agreement will renew for a 12 month period unless 120 days notice is given in writing before the contract end date.

11.10 You will also be liable for a removal charge of any equipment that is owned by us, once the notice period is served or a contract is terminated for any reason. This charge is £249.99 + VAT within 50 miles of our registered office and £499.99 + VAT above 50 miles per device.

11.11 All toners and consumable items are owned by XBM. Upon termination all toners and consumables must be returned to XBM if the customer owns the Printer or Photocopier. Alternatively, the customer may pay a fee of £599.00 + VAT to retain these items.

11.12 The company will charge £150 + VAT per device to data cleanse the photocopier HDD.

  1. Assignation

12.1 The Customer may not assign or otherwise transfer their rights or obligations hereunder without our prior written consent. No attempt to assign or transfer in contravention of this provision shall be binding upon the Company.

12.2 The Company may assign its rights and obligations hereunder to any person (legal otherwise) or entity.

  1. Installation / Serviced Equipment movement

13.1 Product Installation is not covered under the terms of this Service Agreement.

13.2 Under no circumstances can any item of Serviced Equipment detailed within this Service and Maintenance agreement be moved or relocated without the Company’s written authorisation.  Upon request we will supervise Serviced Equipment relocation, including de­-installation, crating, un-crating and reinstallation, or perform other associated services on a Time and Material Basis.

13.3 Non-Compliance with the provisions of clause 13 will be considered a breach of this contract on the Customers part.

  1. Data

The Customer agrees that any data collected by the Company in the course of providing the Services, including without limitation usage rate data maybe passed to the Company, and retained by its employees for service costing, reliability enhancement and service marketing analysis purposes.

  1. Confidentiality

15.1 The Customer acknowledges that the Company may share data about the Customer with equipment manufacturers.

15.2 Subject to 15.1, the Company agrees to hold Information of a confidential nature relating to the Customer’s business in confidence to the same extent that the Company provide for our own information and not to disclose such information to any other person or organisation without your prior written consent.

  1. Third Parties / Service Providers

The Company retains the right to appoint any thlrd party contractors in performance of the obligation to provide the Services under this Service and Maintenance Agreement. All references herein to the Company shall be deemed to include such subcontractors.

  1. Governing Law

This Service Agreement shall be governed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.

  1. General Agreement

18.1 Each right or remedy of the Company under the Contract is without prejudice to any other right of remedy of the Company whether under contract or not.

18.2 If any provision of these conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidances, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these conditions shall continue in full force and effect.

18.3 Failure or delay by the Company in enforcing or partially enforcing any provision of these conditions shall not be construed as a waiver of any rights under these conditions.

18.4 Any waiver by the Company of any breach of, or any defaut under any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these conditions.

18.5 If notice is given by the customer this will be in writing by recorded delivery.

(a) (In case of communications to the Company) to its principal place of business at Access House, Nepshaw Lane South, Leeds West Yorkshire LS27 7JQ or such changed address as shall be notified to the Customer by the Company; or

(b) (in the case of communications to the Customer) to the registered office of the addressee (if it is the Company) or (in any other case) to any address of the Customer set out in any document which forms part of these Conditions or such other addresses as shall be notified to the Company by the Customer.

If communications are delivered in accordance with (a) and (b) above they shall be deemed to have been delivered once the company has confirmed in writing.

  1. Definitions and Interpretation

19.1 in these conditions the following words shall have the following meaning:-

“Company”- means XBM limited, registered In England and having its registered office at Access House, Nepshaw Lane South Leeds West Yorkshire LS27 7JQ

“Conditions” means the terms and conditions set out herein:

“Consumables” means CRU toner, toner cartridges and spare parts for the Serviced Equipment;

“Customer Manual” means the manual relating to and delivered with the Serviced Equipment where applicable;

“Customer” means the person, firm, Company or other entity that issues the Purchase Order to the Company and whose name is specified in the box headed “Customer Name” on the Purchase Order;

“Early Settlement Invoice” means the invoice issue to the Customer upon acceptance by the Customer of the Early Settlement Quotation;

“Early Settlement Quotation” means the quotation issued to the Customer following the Customers request to terminate the service prior to the expiry of the Initial Term:

“Initial Service Period” means the period specified on the Purchase Order commencing on the date of acceptance of the Purchase Order by the Company in accordance with clause 1.3:

“Purchase Order” means the Purchase Order issued by the Customer to the Company on the Company’s standard form of Purchase Order from time to time incorporating these conditions;

“Service and Maintenance Agreement” means the contract between the Company and the Customer for the provision of the Services in respect of the Serviced Equipment which is formed upon acceptance by the Company of the Purchase Order in accordance with clause 1.3 of these Conditions and which comprises the Purchase Order incorporating these Conditions;

“Service Plan” means the Service Plan detailed on the Purchase Order;

“Service Provider“ means such person or persons as the Company may nominate from time to time (which may include contractors) who shall perform the Company’s obligations under the Service and Maintenance Agreement;

“Serviced Equipment” means the equipment specified in the boxes headed “Serviced Equipment” on the Purchase Order;

“Services” mean the Services to be provided by the Company to the Customer as declined in clause 3.1;

“Time and Material Basis” means the cost of: – (i) engineers time to carry out the relevant work and (ii) any materials required to carry out the relevant work or where applicable putting the Serviced Equipment into a state acceptable to the Company.

19.2 In these conditions:-

(a) The expressions “we”, “our”, “us” and “ourselves” shall be construed as referring to the Company;

(b) The expressions “you” and “your” shall be construed as referring to the Customer;

(c) References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, extended, re-enacted or replaced and

(d) The headings will not affect the construction of these Conditions.

 

 

(Uncontrolled when printed)

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