Terms and conditions

Gigacycle > Terms and conditions

1. INTERPRETATION

1.1 Definitions

 

Business Day” means a day other than a Saturday, Sunday, or public holiday in England and Scotland, when banks in London are open for business.

 

Charges” means the charges payable by the Data Controller (Customer) for the supply of the Services by the Data Processor (Supplier), as set out in the Contract Details.

 

Completed Form” means a copy of Gigacycle Ltd’s standard Customer Engagement Form, completed by the Data Controller (Customer) and signed by an authorised representative of the Data Controller in Section 8.

 

Conditions” means these terms and conditions set out in clause 1 (Interpretation) to clause 10 (General) (inclusive).

 

Contract” means the Supply of Services Contract between the Data Controller (Customer) and Gigacycle Ltd for the supply of the Services in accordance with the Contract Details, these Conditions, and any Schedules.

 

Control” has the meaning given in section 1124 of the Corporation Tax Act 2010.

 

Customer Materials” means all materials, equipment, and assets (including Data Bearing Assets) supplied by the Customer to Gigacycle Ltd.

 

Data Bearing Assets” means any items identified as such in section 4 of the Completed Form, including PCs, media, monitors, printers/scanners, network or telecoms equipment, or any other assets expressly identified by the Customer.

 

Data Controller” means “controller” as defined in Article 4(7) of the GDPR and refers to the Customer.

 

Data Processor” means “processor” as defined in Article 4(8) of the GDPR and refers to Gigacycle Ltd.

 

Deliverables” means all documents, products, materials, reports, data, or specifications developed by Gigacycle Ltd in connection with the Services.

 

Gigacycle Ltd” / “Supplier” means Gigacycle Ltd, Company No. 08583915, whose registered office is Unit D2, Gilchrist Road, Irlam, Manchester, M44 5AY.

 

Intellectual Property Rights” means all patents, copyrights, trademarks, database rights, trade secrets, and other intellectual property rights, whether registered or unregistered.

 

Saleable Items” means all Customer Materials except those expressly excluded in the Contract Details.

 

Services” means the IT asset disposal, data destruction, recycling, remarketing, and related services provided by Gigacycle Ltd.

 

Services Start Date” means the date specified in the Contract Details.

 

Supplier IPRs” means all Intellectual Property Rights owned by or licensed to Gigacycle Ltd in the Deliverables.

 

1.2 Interpretation

 

References to legislation include all amendments and re-enactments.
Words such as including or for example are illustrative and not limiting.
References to writing include email.

2. COMMENCEMENT AND TERM

The Contract shall commence on the date it is signed by both parties and shall continue until completion of the Services, unless terminated earlier in accordance with these Conditions. Clauses intended to survive termination shall continue in full force.

3. SUPPLY OF SERVICES

3.1 Gigacycle Ltd shall supply the Services from the Services Start Date in accordance with the Contract or Customer Engagement Form.

 

3.2 Gigacycle Ltd shall:

  • perform the Services with reasonable care and skill;
  • comply with applicable health, safety, and security requirements at Customer premises;
  • take reasonable care of all Customer Materials.

 

3.3 Data sanitisation shall be carried out using the method selected in the Contract or Completed Form. Where no method is specified, Gigacycle Ltd shall determine the appropriate method at its discretion. Methods may include shredding, degaussing, overwriting, crushing, incineration, or disintegration.

4. CUSTOMER OBLIGATIONS

The Customer shall:

  • cooperate fully with Gigacycle Ltd;
  • provide safe, step-free access to Customer Materials;
  • ensure Customer Materials are compliant with agreed classifications;
  • complete and sign a Completed Form prior to each collection;
  • notify Gigacycle Ltd of any hazardous or dangerous items in advance.

The Customer confirms it has all lawful authority and consents to transfer any data contained on Customer Materials and indemnifies Gigacycle Ltd against all losses arising from non-compliance.

5. DATA PROTECTION

Schedule 1 governs all data protection obligations.

6. INTELLECTUAL PROPERTY

All Supplier IPRs remain the property of Gigacycle Ltd.
Customer Materials remain the property of the Customer until transferred under the Contract.

7. CHARGES AND PAYMENT

Invoices shall be issued monthly in arrears and payable within 14 days.
Late payments shall accrue interest at 4% above the Bank of England base rate.
Gigacycle Ltd may suspend Services for non-payment.

8. LIMITATION OF LIABILITY

Gigacycle Ltd maintains insurance cover up to £5 million per claim.

Liability is excluded for:

  • loss of data;
  • loss of profits or revenue;
  • indirect or consequential loss.

Total liability is capped as set out in clause 8.

9. TERMINATION

Either party may terminate for material breach or insolvency.
Gigacycle Ltd may terminate immediately for non-payment or change of control.

10. GENERAL

Includes force majeure, confidentiality, assignment, severance, notices, governing law, and jurisdiction.

Governing law: England and Wales
Jurisdiction: English Courts

SCHEDULE 1 – DATA PROTECTION

Gigacycle Ltd acts as Data Processor under UK GDPR.

ICO Registration Number: ZA184689
Privacy Policy: https://www.gigacycle.co.uk/privacy-policy/

Gigacycle Ltd implements appropriate technical and organisational measures, including:

  • GPS-tracked transport
  • Security-cleared staff
  • CCTV-monitored facilities
  • Secure destruction to NPSA standards

SCHEDULE 2 – SALEABLE ITEMS

Title and risk transfer on collection.
Gigacycle Ltd may remarket Saleable Items and remit proceeds after agreed deductions.

CONTACT

For queries relating to these Terms and Conditions or IT Asset Disposal (ITAD) services, please contact:

Gigacycle Ltd
Unit D2, Gilchrist Road
Irlam, Manchester
M44 5AY
United Kingdom