Supplier identity

The Supplier is THIRTY NINE DEGREES LTD, trading as 39D, Company No. 11715128, incorporated in England. Its business address is Runway House, North Weald Airfield, Merlin Way, North Weald, CM16 6HR.

1. The agreement

By placing an order, signing an order form, accepting a quotation or completing the online checkout and Direct Debit setup, the Customer agrees to these Terms and Conditions.

The agreement consists of the Customer's order, the selected equipment, the selected rental period, the selected Managed IT Support package, these terms and any additional written terms agreed between the Supplier and the Customer.

All prices are exclusive of VAT unless expressly stated otherwise. VAT will be charged at the prevailing rate.

2. Rental period

Laptop equipment is supplied for the fixed rental period selected by the Customer at checkout: 3, 6, 12 or 24 months.

The minimum rental period starts when the equipment is delivered or made available to the Customer, unless another commencement date is agreed in writing. The Customer remains liable for charges due during the agreed minimum rental period, subject to applicable law and these terms.

3. Ownership of the equipment

All laptops, chargers, docking stations and other rented equipment remain the property of the Supplier at all times. Rental payments do not transfer ownership to the Customer.

The Customer must not sell, pledge, dispose of, permanently transfer, charge, or otherwise grant a third party any financial or ownership interest in the rented equipment.

4. Customer responsibility for equipment

The Customer is responsible for the equipment from delivery or collection until it has been returned to and accepted by the Supplier.

The Customer remains responsible for the equipment while it is used by the Customer's employees, workers, contractors or other authorised users, including when it is used away from the Customer's premises, at home or while travelling.

The Customer must take reasonable care of the equipment and maintain reasonable physical and cybersecurity controls appropriate to business IT equipment.

5. Loss, theft and non-return

The Customer is responsible for rented equipment that is lost, stolen, destroyed or cannot be returned to the Supplier.

Loss or theft must be reported to the Supplier as soon as reasonably possible. Where appropriate, the Customer may also be required to report theft to the police and provide a crime reference number.

Where equipment is lost, stolen, destroyed or not returned, the Customer will be responsible for the reasonable replacement cost of equipment of an equivalent specification and condition, in addition to any other sums already due under the agreement.

Payment of a replacement charge does not automatically transfer ownership of the original equipment to the Customer. If equipment reported lost or stolen is later recovered, the Customer must notify the Supplier.

6. Damage and fair wear and tear

Normal wear and tear arising from reasonable business use will not be charged to the Customer.

The Customer may be charged the reasonable repair cost for damage caused by misuse, neglect, liquid damage, cracked displays, damaged charging ports, deliberate damage, unauthorised modification or repair, or other damage beyond reasonable wear and tear.

If equipment is beyond economical repair, the Supplier may charge the reasonable replacement cost of equipment of an equivalent specification and condition.

7. Insurance

The Customer is responsible for deciding whether it requires insurance for rented equipment against theft, loss, accidental damage, fire, flood or other risks. The existence of insurance does not remove the Customer's obligations under this agreement.

8. Chargers and accessories

Chargers, power supplies, docking stations and other accessories supplied with a laptop form part of the rented equipment. Missing or damaged accessories may be charged at their reasonable replacement cost.

9. Faulty equipment

The Customer must report hardware faults as soon as reasonably practicable and must not arrange third-party repairs without prior written permission from the Supplier.

Where a hardware failure results from normal use and is not caused by misuse, damage or neglect, the Supplier will arrange repair or replacement as appropriate. Replacement equipment may be an equivalent or better business specification rather than the identical make or model.

10. Managed IT Support

Each rented laptop must have the Managed IT Support package stated on the Customer's order. The Customer may select Silver or Gold support.

Unless otherwise agreed in writing, standard support hours are Monday to Friday, 08:00 to 17:00, excluding bank holidays. Support outside these hours is not included unless expressly stated in the Customer's package or separately agreed.

The exact services, response targets, Microsoft 365 licensing and onsite support included depend on the support level selected by the Customer.

11. Microsoft 365 licensing

Where Microsoft 365 Business Premium or another Microsoft licence is included as part of the service, the licence is provided while the associated Managed IT Support service remains active and remains subject to Microsoft's licensing terms.

Unless otherwise agreed, licences supplied as part of the rental package may be removed or transferred when the associated service ends.

12. Security and device management

The Supplier may install reasonable security, remote monitoring, device management, patching, software deployment and remote support tools required to provide the Managed IT service. The Customer must not intentionally disable or interfere with those systems without the Supplier's permission.

If a laptop is reported lost or stolen, the Supplier may take reasonable security measures, including remotely locking, disabling or wiping the device where technically possible and appropriate.

13. Customer data and backups

The Customer remains responsible for its business data except where a specific backup service has been purchased. Laptop rental by itself is not a backup service.

The Customer should ensure important business information is stored in an approved company system rather than solely on the laptop. Returned devices may be securely erased before redeployment.

14. Monthly payments and Direct Debit

Rental and support charges will normally be collected monthly by Direct Debit through GoCardless. The VAT-inclusive amount shown at checkout is the amount scheduled for collection, subject to minor one-penny allocation differences needed to collect the exact agreement total.

The Customer must maintain a valid payment method throughout the agreement. Failed or overdue payments may result in contact from the Supplier, suspension of services after reasonable notice, and recovery action where appropriate.

15. Device preparation and delivery

Unless separately quoted, device preparation and delivery are included within the agreed rental price rather than shown as a separate customer charge. If the agreement ends early and fixed-term charges lawfully remain due, those charges are determined by the agreed order price and these terms.

16. Late payment

Invoices and Direct Debit payments must be paid when due. The Supplier reserves the right to exercise rights available under applicable UK law in relation to late payment of commercial debts and may suspend services after reasonable notice where undisputed amounts remain overdue.

17. Early termination

The Customer is entering into a fixed-term rental agreement. If the Customer terminates before the end of the minimum term, remaining contractual charges may become payable where the agreement permits and applicable law allows.

The Supplier will provide a settlement amount on request. All rented equipment must be returned following termination unless the Supplier agrees otherwise in writing.

18. Return of equipment

At the end of the rental agreement, unless renewed or otherwise agreed in writing, the Customer must return the laptop, charger, power supply and all other rented items supplied with the order.

The Customer remains responsible for the equipment until it is received by the Supplier or an authorised collection agent.

19. Failure to return equipment

Where equipment is not returned following the end or termination of the agreement, the Supplier may request its return, arrange collection, charge reasonable collection costs where lawful, suspend associated services, and/or charge the reasonable replacement value of unreturned equipment.

Payment of rental charges does not give the Customer the right to retain rented equipment indefinitely.

20. Equipment upgrades

An upgrade during the minimum rental term may require settlement of the existing agreement, return of the existing equipment and commencement of a new rental agreement. Any upgrade arrangement must be agreed in writing.

21. Acceptable use

Equipment must be used for lawful business purposes. The Customer must not use the equipment for illegal or fraudulent activity or in a way likely to damage the equipment, the Supplier's systems or third parties, and must ensure users comply with reasonable cybersecurity requirements communicated by the Supplier.

22. Reassignment to another user

The Customer may normally reassign a rented laptop to another employee within the same Customer organisation. The Customer should notify the Supplier so user accounts, Microsoft 365 access and security settings can be updated. The Customer remains responsible for the equipment during reassignment.

23. Collection and recovery

If the agreement ends, material payments remain overdue, or the Customer commits a serious breach, the Supplier may require the rented equipment to be returned. The Customer agrees to provide reasonable cooperation to allow recovery of the Supplier's equipment.

Nothing in these terms authorises the Supplier to enter premises unlawfully or without appropriate authority.

24. Limitation of liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded.

Subject to applicable law, neither party will normally be responsible to the other for indirect or consequential losses that were not reasonably foreseeable when the agreement was entered into.

25. Business customers only

These rental packages are offered to businesses and organisations acting for purposes relating to their trade, business, craft or profession and are not intended to be consumer hire agreements. A prospective customer must contact the Supplier before ordering if it intends to contract as an individual primarily outside a business or profession.

26. Changes to terms

The terms applying to an existing fixed-term order will not be materially changed retrospectively without appropriate agreement. Updated standard terms may apply to future orders, renewals or additional services.

27. Governing law

Unless otherwise agreed in writing, these terms and disputes arising from them are governed by the laws of England and Wales and the courts of England and Wales will have jurisdiction, subject to any mandatory legal rights that apply.

28. Acceptance and electronic record

By submitting the checkout, the Customer confirms that the person submitting it is authorised to enter into the agreement on behalf of the Customer, has reviewed the selected equipment, support level, term and pricing, and accepts these terms.

The Supplier records the order reference, the version of these terms, the acceptance timestamp, the name supplied by the Customer and the originating IP address as evidence of the acceptance transaction.