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BEAMplus Agreement

v1.4 – 24 April 2022

This version supersedes all previous versions of this Agreement.

Definitions

“BEAM”, “Onboard Technology Group”, “OTG” – We or us.

“Customer” – You and Your.

“BEAMplus” – The subscription-based support agreement provided by us to look after your BEAM products.

“Goods” – The hardware, software and platform (software-as-a-service) products sold or rented by us to you including packaging, manuals and any other ancillary components or documents.

“Conditions” – Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.

“Subscription Fee” – The amount paid by the Customer to us in consideration of the BEAMplus service for the agreed period.

Who we are

BEAM Onboard is a trading style of Mobile Onboard (Labs) Limited, The Portway Centre, 1 Old Sarum Park, Salisbury, Wiltshire, SP4 6EB, United Kingdom, a company registered in England with number 07291171.

Mobile Onboard (Labs) Limited is a wholly owned subsidiary of Onboard Technology Holdings Limited (“Onboard Technology Group”).

Our contact details

The conditions which apply to the BEAMplus product:

Part I contains the terms and conditions for the BEAMplus product.

Part II contains the service level offered for the BEAMplus product and additional information.

BEAMplus subscription fee

We are under no obligation to refund the subscription fees in any circumstance.  BEAMplus is a subscription-based support agreement with a duration of less than one month, and so it is not subject to any statutory right of cancellation, and is therefore non-refundable.  The available policy schedule confirms this.

Background

The Customer is of the opinion that the Onboard Technology Group has the necessary qualifications, experience, and abilities to provide services to the Customer.

The Onboard Technology Group is agreeable to providing such services to you on the terms and conditions set out in this Agreement.

Part I

a) These Terms and Conditions

These are the terms and conditions for the Beam Plus services provided by us to you, the Customer.  By ordering BEAMplus from us, you agree to be bound by these Terms and Conditions.

b) Requesting BEAMplus services

i) The BEAMplus services provided by us can be requested in the following ways:

  • By using the Support Request Form found here;
  • By emailing our Support Helpdesk using the address above;
  • By telephoning the emergency on-duty engineer where your subscription allow.

ii) The person or persons ordering any service must have the requisite authority to request such a service on behalf of the Customer.  This authority will be assumed at the time of the request.

iii) Upon acceptance and confirmation of the request you will receive a support ticket reference, and where possible, a booked service call (where the service is to be provided on-site).

c) Payment and period of cover

i) Subscription payment is normally made by bank Direct Debit or continuous card debit authority, monthly in advance.

ii) The subscribed period of cover is deemed to start on the day of payment and for a duration of one calendar month.

iii) Customers may be invoiced, subject to a credit check being carried out by us and the Customer passing any such credit check and satisfying us as to their creditworthiness.  In this case, the subscribed period of cover is deemed to start on the date of invoice.

iv) Cover is subject to a minimum 6-month continuous term, renewable each calendar month.  Once the cover is terminated (either in writing by you or us, or due to non-payment), we are not obliged to re-instate the cover at a later date.

v) A BEAMplus subscription is linked to a particular product with a specific serial number.  If you have multiple products then a subscription is required for each product unit you want to cover.  Subscriptions are not transferrable between units.

d) Cover provided

i) The BEAMplus service covers the following activities in relation to each unit covered by the service subscription.  Some activities may only be available in certain subscription levels (for example BEAMplus Premium):

  • Investigation and resolution of hardware, software, or usability issues;
  • Hardware repairs, parts replacement, and software upgrades;
  • Replacement of hardware units if they cannot be repaired;
  • Changes to configurations where required;
  • Collection and re-delivery of faulty units where the issue cannot be resolved remotely;
  • On-site call outs where required, and where engineer availability allows (anywhere within mainland Great Britain), by us or by one of our approved service partners;
  • Provision of usage analytics data where applicable;
  • Remote help with installing additional third-party software onto our products where possible and/or allowed;
  • Access to our BEAM Insight management portal, and any other software services available as part of the service subscription.

ii) Additional services not listed above can be quoted for on request.

e) On-site and off-site services

i) The service activities listed above may be provided on-site or off-site, depending upon the nature of the service required, availability of parts and products, and the ease of configuring any product or service either on-site or off-site.

ii) At the time of service request you will be informed as to which elements of any service will be provided on-site or off-site.

f) Remote access and diagnosis

i) Where possible we will use remote access tools to access Customer equipment as this is the quickest way to diagnose and resolve problems.

ii) We shall make an assessment as to whether remote access is suitable and possible in each case.

g) On-site requirements

The following is required for all on-site visits and repairs (BEAMplus Premium):

  • The equipment to be serviced being available within the time slot agreed;
  • Easy access to the equipment to be serviced and the surrounding area;
  • Where necessary good mobile phone coverage with at least 4G/LTE Internet access (as applicable);
  • A person on-site with knowledge of the issue or issues affecting the equipment;
  • A person on-site with administrator-level access privileges to the relevant equipment, (where required);
  • Valid, original, and licensed versions of any third-party software required, (unless being supplied by us).  Please note that we will not use, install or configure any unlicensed, copied, or counterfeit software.
h) Data backup and loss

i) It is the sole responsibility of the Customer to ensure that all data on any equipment is backed up and appropriately stored before any work commences.

ii) We will not be liable for any data loss occurring on any equipment or data loss caused by the Customer’s failure to put in place or correctly operate appropriate data backup and storage procedures.

i) Cancelling or changing an appointment

i) A minimum of 24 hours’ notice will be required in order to cancel or change an appointment.

ii) Where less than 24 hours’ notice of cancellation is provided by the Customer we reserve the right to charge a cancellation fee of £50 + VAT.

iii) Where the engineer is en-route to attend on-site and the Customer cancels or changes the appointment we reserve the right to charge our standard call-out fee of £300 + VAT.

j) Missed appointments

i) Any missed appointments will need to be re-booked by the Customer.

ii) On re-booking we will attempt to provide a convenient replacement slot, however, we cannot guarantee that we will be able to provide a suitable slot.

iii) Where an appointment is missed and the engineer has attended on-site (i.e the engineer has not been able to access the equipment on arrival), we reserve the right to charge our standard call-out fee of £300 + VAT.

k) Warranty period

i) All hardware and equipment supplied and fitted by us is guaranteed for a minimum of 12 months (or more depending upon the manufacturer’s own warranty).  A BEAMplus subscription for the product extends this warranty on a rolling month-by-month basis whilst it is being paid.

ii) All other work carried out by us is guaranteed for a period of 3 months.

iii) Any warranty will be declared void where any failures or errors are caused by the subsequent incorrect use or maintenance of any item supplied, installed, or configured by us.

l) Software

i) All software supplied and installed by us will be original and will be appropriately licensed.  This will include an appropriate number of copies or seats when used by more than one user (including multi-user device firmware).

ii) We will not install, attempt to configure, or update any software, which appears to us to be unlicensed, improperly licensed, copied, or counterfeit.

m) Limitation of liability

i) We shall not be liable to you as the Customer in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

ii) Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents, or employees.

n) Force Majeure

Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, civil disorder, or industrial dispute.  If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other.

o) Non-solicitation

The Customer undertakes during the period of work carried out by us and for a period of six months after its completion not to directly or indirectly solicit or induce any of the Onboard Technology Group’s employees to leave the employment of the Onboard Technology Group whether to work on a freelance or consultancy basis or to be directly employed by the Client.

p) General

i) Failure by the Onboard Technology Group to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless acknowledged by the Onboard Technology Group in writing.

ii) It is hereby declared that the foregoing paragraphs, sub-paragraphs, and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs, or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs, and clauses.

iii) We reserve the right to change these terms and conditions at any time without notice, and on giving notice to Customers if they will be materially affected.

iv) This Agreement sets out the entire agreement and understanding between Us and the Customer and is in substitution of any previous written or oral agreements between the Onboard Technology Group and the Customer.

q) Jurisdiction

This Agreement shall be interpreted construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Part II

Service level

As part of this agreement, the Onboard Technology Group commits to the following service level:

a) Respond to any request by the Customer for help or support within 4 working hours.

b) Ensure that any covered non-working product is repaired or replaced within 4 working days following the day of request either by means of our Express Collect-and-Return service, or by means of a scheduled on-site visit.

c) The Customer is kept up-to-date with any request for help via their support ticket on our Support Help Desk.

d) Arrange a loan or replacement product if we cannot repair within the 4 working day target.

e) A dedicated point-of-contact to help with your issue.

f) Endeavour to accommodate the Customer’s business needs wherever possible.

Working times

a) A “working day” is defined as Monday to Friday with the exception of public holidays in England.

b) “Working hours” is defined as 09:30 to 18:00 on a working day, as defined in the previous paragraph.

c) Urgent support outside of these times will be accommodated by the on-duty engineer wherever possible, but cannot be guaranteed.

Compensation

If we do not repair or replace the Customer’s equipment, or (offer to) provide a loan unit within 10 (ten) working days following the day of request we will refund the BEAMplus for that product for the subscription period covered (normally one month).  This service level is increased to 5 (five) working days for Premium-level subscribers.

Mobile Internet data service provision

a) Customers can optionally subscribe to our managed Mobile Internet data service, and we will provide a SIM card for the Customer’s BEAM product on the agreed tariff, payable monthly in advance.  Provision of such a service may be subject to a credit check on the Customer.

b) When the Customer uses our mobile Internet data SIMs we will fully support the service and act as their representative in dealing with the carrier or mobile network.

c) Mobile Internet data SIMs are provided on behalf of the carrier or mobile network, and the Customer will be additionally bound to the Terms and Conditions laid down by the carrier or mobile network provider.  We will supply the Customer with copies of such terms and conditions from the mobile network by means of a download link if they are not available to access the Help and Support area of our website.

d) We reserve the right to suspend or otherwise terminate without notice, mobile data services in the event of non-payment.

e) The provision of mobile data SIMs will be subject to a minimum contract term, as advised at the time of quotation and sign-up.

f) The mobile data SIMs provided by us remain the property of the Onboard Technology Group and/or the mobile network operator at all times.

ENDS

If any further information or clarification is required in relation to these Terms then please email our Customer Services team at contact.us@beamonboard.com.

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