Updated2 September 2026
These Terms of Service set out the terms on which DeskStack provides its website, sells equipment and supplies equipment to business customers under rental arrangements.
Please read these Terms carefully before placing an order, applying for a rental or using our services.
These Terms should be read alongside our:
Rental Agreement, where equipment is rented;
Privacy Policy;
Shipping & Delivery Policy;
Refunds & Returns Policy;
Warranty & Guarantee Policy; and
any order confirmation, quotation or other terms specifically agreed with you.
Where a specific Rental Agreement conflicts with these general Terms, the Rental Agreement will take priority in relation to that rental.
01Who we are
DeskStack is a trading name and brand operated by:
Cave Direct Technology Ltd
Company number: 14899593
VAT number: GB 462 3341 12
Registered office:
StorageMart – Unit 1618
Vulcan Road North
Norwich
England
NR6 6AQ
Cave Direct Technology Ltd is an active private limited company registered in England and Wales.
In these Terms, references to “DeskStack”, “we”, “us” or “our” mean Cave Direct Technology Ltd trading as DeskStack.
Email: hello@deskstack.co.uk
02Our services
DeskStack provides business technology including:
laptops;
monitors;
docking stations;
keyboards and mice;
headsets;
accessories;
complete workstation packages; and
related equipment.
Depending on the product, equipment may be available to:
purchase outright;
rent for a monthly charge; or
both.
Availability, condition, pricing and rental options are shown on the website or in the relevant quotation or order.
03Business rental service
DeskStack's equipment-rental service is intended solely for business purposes.
By applying for a rental, you confirm that:
the equipment is required wholly or predominantly for business use;
you are acting on behalf of the business identified in the application;
you have authority to bind that business where you enter into an agreement on its behalf; and
information supplied to us is accurate and not misleading.
We may refuse any application where we are not satisfied that the proposed rental is genuinely for business purposes.
Sole traders and individuals
Certain equipment-hire arrangements entered into with individuals, including some sole traders and unincorporated businesses, may fall within the regulated consumer-hire regime.
We therefore reserve the right not to offer our standard rental service to an individual, sole trader or unincorporated partnership, or to require alternative terms or additional checks before accepting such an application.
Our standard rental service should not be interpreted as an offer of consumer hire.
The FCA identifies agreements for the hiring of goods to an individual that are capable of lasting more than three months as potentially falling within the consumer-hire regime unless an exemption applies.
04Organisations we may supply
Subject to our approval process, we may supply equipment to organisations including:
limited companies;
limited liability partnerships;
charities;
schools and educational organisations;
councils and public-sector bodies;
incorporated associations;
partnerships where appropriate; and
other organisations we are satisfied are suitable counterparties.
Different verification requirements may apply where an organisation does not have a Companies House registration number.
05Authority to place an order
If you place an order or enter into an agreement on behalf of an organisation, you confirm that you have authority to do so.
We may ask for evidence of authority where reasonably required.
We are entitled to rely on information provided through an authorised company account unless we have reason to believe that the person placing the order is not authorised.
06Website information
We take reasonable care to ensure that information on the DeskStack website is accurate.
However:
images may be illustrative;
manufacturers may change specifications;
minor specification differences may occur;
colours may appear differently on different displays;
stock information can change;
pricing errors can occur; and
typographical or technical errors may occasionally appear.
Where a material error affects an order, we will contact you and provide an appropriate option before proceeding.
07Product descriptions
We aim to describe equipment accurately, including its:
manufacturer;
model;
specification;
condition;
major features; and
included accessories.
The precise specifications stated on the product page or order confirmation take priority over general promotional material.
Where an exact specification is particularly important to your requirements, please confirm it with us before ordering.
08New and refurbished equipment
Equipment may be supplied in New or Refurbished condition.
Where refurbished equipment is supplied, reasonable cosmetic evidence of previous use may be present.
Minor marks, scratches or cosmetic differences that are consistent with the stated condition and do not materially affect functionality are not necessarily defects.
We will not knowingly describe used equipment as new.
09Compatibility
We aim to make DeskStack workstation packages practical and compatible.
However, customers remain responsible for confirming that equipment is suitable for any specialist software, network, security system, peripheral or other requirement that has not been disclosed to us.
If you are unsure whether particular equipment will work with your environment, please contact us before ordering.
10Placing an order
Submitting an order through the website does not necessarily mean that we have accepted it.
For purchased equipment, an order is normally accepted when we confirm acceptance or dispatch the goods.
For rental equipment, acceptance normally requires completion of the relevant rental process, which may include:
business verification;
eligibility checks;
approval by DeskStack;
requested supporting documentation;
a signed Rental Agreement;
a Personal Guarantee where required;
a deposit where required;
successful payment setup; and
final acceptance by DeskStack.
We may decline an order or rental application before acceptance.
11Stock availability
All equipment is subject to availability.
Adding a product to a basket does not permanently reserve it.
If an item becomes unavailable after an order is submitted, we may:
offer an equivalent alternative;
provide a revised availability date;
remove the affected product;
amend the order with your agreement; or
cancel and refund the affected item where payment has already been taken.
12Pricing
Prices shown on the DeskStack website may differ depending on whether equipment is purchased or rented.
Unless otherwise stated:
rental prices are shown excluding VAT; and
VAT will be added at the applicable rate.
Purchase prices will be displayed in accordance with the information shown during checkout.
The total payable amount will be shown or confirmed before the relevant transaction is completed.
13Pricing errors
If an obvious pricing error occurs, we are not obliged to supply equipment at a price that a reasonable person would recognise as incorrect.
Where an error is identified before supply, we may contact you to:
confirm the correct price; or
cancel the affected order.
If payment has already been taken for an order that is subsequently cancelled because of a pricing error, we will refund the relevant amount.
14Payment for purchases
Purchased equipment must normally be paid for before dispatch unless alternative payment terms have been expressly agreed.
Payment may be processed by Stripe or another payment provider made available through our website.
Payment is not considered complete until it has successfully cleared.
15Ownership of purchased equipment
Unless otherwise agreed, ownership of purchased equipment passes to the customer once:
we have received full cleared payment; and
the equipment has been supplied.
This section does not apply to rented equipment.
16Rental charges
Rental charges are shown in the relevant order and Rental Agreement.
Unless stated otherwise in the Rental Agreement, monthly rental charges are payable monthly in advance using the agreed payment method.
The customer authorises us and our payment provider to collect amounts that become due under the Rental Agreement using the payment method supplied, subject to the terms of that agreement.
17Minimum rental period
Unless a different term is clearly stated in the relevant Rental Agreement, DeskStack rentals are subject to an initial minimum rental period of three months.
During the minimum rental period, the customer is committed to the agreed rental charges.
Returning equipment early does not automatically remove payment obligations for the remainder of the minimum period.
18Rental after the minimum period
Unless otherwise stated in the Rental Agreement, after the initial minimum rental period the rental continues on a rolling basis.
The customer may end the rental by providing at least 30 days' notice in accordance with the Rental Agreement.
Rental charges remain payable until:
the applicable notice period has expired; and
the equipment has been returned as required.
19Early termination by the customer
If the customer wishes to terminate a rental before the minimum term has expired, we may agree to do so.
Unless we expressly waive the requirement, the customer remains responsible for rental charges due for the remainder of the minimum rental period.
Returning equipment by itself does not constitute cancellation.
20Adding equipment during an existing rental
Additional equipment ordered after a rental has begun may:
be added to the existing agreement;
be documented through an amendment; or
be supplied under a separate Rental Agreement.
Additional equipment may have its own minimum rental period beginning from its delivery date.
We will make the applicable terms clear when the additional equipment is ordered.
21Rental approval
Rental approval is at our discretion.
We may consider information including:
company status;
incorporation date;
trading history;
directors;
persons with significant control;
order value;
rental exposure;
payment information;
previous dealings with DeskStack;
information provided by the applicant;
public records;
credit information where lawfully obtained;
identity-verification information;
fraud indicators; and
other relevant commercial risk information.
An application being accepted on a previous occasion does not guarantee future applications will be accepted.
22Newly incorporated businesses
We may require additional information where a business has limited trading history, including where it has been incorporated for less than 24 months.
Additional requirements may include:
proof of trading address;
director identification;
proof of address;
business banking information;
supporting financial information;
a deposit;
a Personal Guarantee; or
other reasonable verification.
Being asked for additional information does not mean that an application will necessarily be declined.
23Identity verification
Where reasonably necessary, we may request identity or address verification from a director, owner, guarantor or other relevant person.
Any personal information supplied for this purpose will be handled in accordance with our Privacy Policy.
Providing false, altered or misleading verification information may result in an application being declined or an existing rental being terminated.
24Personal Guarantees
We may require a director, shareholder, owner or other acceptable individual to provide a Personal Guarantee before approving a rental.
Where required, the Personal Guarantee will be documented separately or incorporated clearly into the contractual process.
The guarantor may become personally responsible for obligations covered by the guarantee if the customer fails to meet them.
The scope of any guarantee is determined by the wording of the Personal Guarantee itself.
25Deposits
We may require a refundable security deposit before supplying rental equipment.
The amount will be confirmed before the rental begins.
A deposit may be retained or applied against amounts properly due to us, including where applicable:
unpaid rental charges;
missing equipment;
damage beyond fair wear and tear;
missing accessories;
reasonable repair costs;
other contractual charges; or
other amounts due under the Rental Agreement.
Any remaining refundable balance will be returned after the rental has been closed and the relevant equipment and account have been checked.
26Ownership of rental equipment
Rental equipment does not become the customer's property.
All equipment supplied under a DeskStack rental remains the property of the owner identified in the Rental Agreement.
Payment of rental charges does not create a right to ownership unless a separate written agreement expressly provides otherwise.
The customer must not:
sell;
pledge;
pawn;
mortgage;
charge;
dispose of;
permanently transfer;
sub-hire;
intentionally conceal; or
otherwise treat rental equipment as though it belongs to the customer.
27Asset labels and serial numbers
We may record equipment details including:
serial numbers;
service tags;
asset numbers;
MAC addresses where relevant; and
other unique identifiers.
The customer must not deliberately remove, alter or obscure an ownership or asset label without our permission.
28Location of rental equipment
Rental equipment may be used by the customer's authorised employees, workers or contractors for legitimate business purposes.
The customer remains responsible for the equipment regardless of which authorised user has possession of it.
We may ask the customer to confirm where equipment is located.
Rental equipment must not normally be permanently moved outside the United Kingdom without our prior written agreement.
29Care of rental equipment
The customer must take reasonable care of rental equipment.
This includes:
using equipment appropriately;
following manufacturer instructions;
keeping equipment reasonably secure;
protecting it from avoidable damage;
using suitable power supplies and accessories;
preventing unauthorised modification; and
reporting serious faults or damage promptly.
Normal wear and tear arising from reasonable business use is expected.
30Repairs and modification
Customers must not carry out significant repairs, dismantle equipment or authorise a third party to carry out significant repairs without our agreement.
Routine configuration such as:
installing software;
connecting peripherals;
changing operating-system settings;
deploying business applications; and
ordinary IT administration
is permitted provided it does not permanently damage the equipment.
Hardware modification should be agreed with us in advance where it could affect the equipment or warranty.
31Faults with rental equipment
If covered rental equipment develops a qualifying hardware fault, contact DeskStack as soon as reasonably possible.
We may carry out troubleshooting before determining whether replacement is required.
Where replacement is appropriate, we aim to dispatch replacement equipment on the next working day.
This is a next-working-day dispatch aim, not a guarantee that the replacement will physically arrive on the following day.
Courier performance, reporting time, stock availability, location and other circumstances may affect delivery.
32Replacement equipment
Replacement equipment may be:
the same model; or
an equivalent model with broadly comparable or better functionality.
Replacement equipment does not need to be identical in:
model;
generation;
colour;
manufacturer;
cosmetic appearance; or
exact specification,
provided it is a reasonable functional replacement for the equipment concerned.
33What the replacement service does not cover
Our standard fault replacement service does not automatically cover:
accidental damage;
deliberate damage;
misuse;
liquid damage;
theft;
loss;
unauthorised modification;
damage caused by inappropriate accessories;
software configuration problems;
viruses or malware;
user-generated data loss;
account lockouts; or
damage caused by external events.
We may still be able to assist, but additional charges may apply in accordance with the Rental Agreement.
34PAT testing
Where applicable, rental electrical equipment will be safety checked and PAT tested as appropriate before dispatch.
Not every type of equipment requires PAT testing.
The customer's own workplace health and safety responsibilities are not replaced by DeskStack's pre-dispatch checks.
35Accidental damage
If rental equipment is damaged, the customer must tell us as soon as reasonably possible.
We may ask for:
photographs;
a description of what happened;
the equipment to be returned;
diagnostic information; or
other reasonable evidence.
Where damage is not attributable to ordinary wear and tear or a covered fault, the customer may be responsible for reasonable repair or replacement costs in accordance with the Rental Agreement.
36Loss and theft
If rental equipment is lost or stolen, the customer must notify DeskStack promptly.
Where theft is suspected, we may require:
a police report;
a crime-reference number;
details of the circumstances; and
reasonable cooperation with our investigation or insurer.
Loss or theft does not automatically terminate the Rental Agreement.
The customer may be liable for the equipment in accordance with the relevant Rental Agreement.
37Replacement value
Where rental equipment is:
lost;
stolen;
destroyed;
damaged beyond economical repair; or
not returned,
we may seek an amount reflecting the reasonable replacement value or other amount expressly provided for in the Rental Agreement.
We will take account of relevant circumstances and will not intentionally seek duplicate recovery for the same loss.
38Insurance
Customers should consider whether their existing business insurance adequately covers rented equipment in their possession.
For higher-value rentals, we may require evidence of suitable insurance before or during a rental.
Any such requirement will be communicated to the customer.
39Data and backups
Customers are responsible for maintaining appropriate backups of their own data.
Rental equipment should not be treated as a backup or data-storage service.
DeskStack is not responsible for ensuring that customer data stored on a device is preserved during:
repair;
replacement;
reset;
return;
refurbishment; or
data erasure,
except where liability cannot lawfully be excluded.
40Accounts, passwords and device management
Before returning equipment, customers should where reasonably possible:
remove business and personal data;
sign out of accounts;
disable activation locks;
remove passwords;
remove device-management enrolment;
remove Microsoft Autopilot or equivalent organisational enrolment;
remove Apple, Google or Microsoft account locks;
remove SIM cards;
remove removable storage; and
reset the device where appropriate.
The customer must not intentionally return equipment locked to its organisation in a way that prevents DeskStack from reasonably testing, wiping or redeploying it.
41Software
Unless expressly included, DeskStack does not provide licences for third-party paid software merely because the software can operate on the supplied equipment.
Customers are responsible for ensuring that they have suitable licences for software they install or use.
Customers must not use rental equipment for unlawful software piracy or other unlawful purposes.
42Cybersecurity
Customers are responsible for their own:
user accounts;
access policies;
passwords;
endpoint security;
antivirus protection;
backups;
network security;
business data; and
cybersecurity practices.
DeskStack's supply of hardware does not constitute a managed cybersecurity service unless expressly agreed separately.
43Delivery
Delivery is governed by our Shipping & Delivery Policy.
Unless otherwise stated:
Standard UK delivery is free on purchases.
For rental orders, standard UK delivery is free where the total monthly rental value is £15.00 or more excluding VAT.
Additional charges may apply to certain remote or specialist deliveries.
44Delivery delays
Delivery dates are estimates unless expressly agreed otherwise.
We are not responsible for delays caused by events outside our reasonable control, including courier disruption.
We will take reasonable steps to resolve significant delivery issues.
45Risk during a rental
The customer is responsible for taking reasonable care of rental equipment from delivery until it has been returned to us or our authorised carrier in accordance with our instructions.
This does not make the customer responsible for a qualifying inherent hardware fault.
46Ending a rental
When a rental ends, the customer must return all rental equipment and included accessories in accordance with our instructions.
This may include:
laptops;
monitors;
docks;
chargers;
power supplies;
keyboards;
mice;
headsets;
cables;
stands;
adapters; and
other equipment originally supplied.
47Return arrangements
We may:
issue a prepaid shipping label;
arrange courier collection;
provide another approved return method; or
agree alternative arrangements with the customer.
The customer must package equipment reasonably securely for transport.
Further details are set out in our Refunds & Returns Policy and Rental Agreement.
48Fair wear and tear
We accept that rental equipment used normally will develop reasonable signs of wear.
Reasonable wear and tear will not ordinarily result in charges.
Damage beyond reasonable wear and tear may result in charges where permitted by the Rental Agreement.
49Equipment not returned
If rental equipment is not returned when required, we may take reasonable steps to recover our property and any outstanding amounts.
This may include:
contacting the customer;
contacting authorised representatives;
contacting a guarantor;
issuing a formal demand;
continuing applicable rental charges where contractually permitted;
arranging recovery;
seeking the reasonable replacement value;
instructing solicitors;
using debt-recovery providers;
commencing legal proceedings; or
enforcing a judgment.
Where equipment is not voluntarily returned, we will use lawful recovery methods.
We do not claim a contractual right to enter private premises without consent or lawful authority.
50Cooperation with equipment recovery
The customer must reasonably cooperate with arrangements to recover rental equipment following termination or expiry of a Rental Agreement.
This may include:
making equipment available for collection;
confirming its location;
arranging access at a mutually reasonable time; and
returning equipment using a provided return service.
51Failed payments
If a rental payment fails, we may:
notify the customer;
retry the payment;
request an alternative payment method;
request immediate payment;
suspend new orders;
suspend optional services where appropriate;
contact a guarantor where applicable; or
take other reasonable action permitted under the Rental Agreement.
A failed payment does not cancel the Rental Agreement.
52Late payment
Amounts due must be paid by the agreed due date.
For qualifying business-to-business debts, we reserve the right to claim statutory interest, fixed compensation and reasonable recovery costs where available under the Late Payment of Commercial Debts (Interest) Act 1998, or other contractual remedies where applicable.
We will not recover the same loss twice.
53Material payment default
Persistent or material non-payment may amount to a breach of the Rental Agreement.
Where permitted by the agreement, we may:
terminate the rental;
demand return of our equipment;
recover sums already due;
contact a guarantor;
apply an appropriate deposit;
pursue recovery of equipment; and
take legal or debt-recovery action.
54Insolvency and financial distress
Where reasonably permitted by law and the Rental Agreement, we may take protective action if the customer:
enters liquidation;
enters administration;
proposes a company voluntary arrangement;
ceases trading;
is struck off or applies to be struck off;
becomes unable to pay debts as they fall due; or
experiences another significant insolvency event.
This may include requesting return of rental equipment or terminating future supply, subject to applicable insolvency law.
55Fraud and misleading information
We may refuse or terminate services if we reasonably believe:
information provided is fraudulent;
identity documents are falsified;
payment fraud has occurred;
rental equipment is being concealed or unlawfully disposed of;
an application was materially misleading; or
the service is being used for unlawful purposes.
We may disclose information to appropriate authorities where lawful and reasonably necessary.
56Suspension of services
We may temporarily suspend access to all or part of a service where reasonably necessary because of:
security concerns;
suspected fraud;
significant non-payment;
misuse;
technical maintenance;
legal requirements; or
a serious breach of these Terms.
Where practical, we will explain the reason for suspension.
57Termination by DeskStack
Subject to the Rental Agreement and applicable law, we may terminate a rental following a material breach which is not remedied within a reasonable period after notice where the breach is capable of remedy.
Certain serious breaches may justify more immediate action, including:
fraud;
deliberate disposal of our equipment;
serious misuse;
repeated failure to pay;
deliberate concealment of rental equipment; or
other conduct creating a significant risk to our property.
On termination, equipment must be returned as required.
58Purchased goods and returns
Returns of equipment purchased outright are governed by our Refunds & Returns Policy.
DeskStack primarily operates on a business-to-business basis.
Business customers do not automatically receive the same statutory change-of-mind rights that consumers receive when shopping online.
59Consumer purchases
Where DeskStack sells goods to an individual who legally qualifies as a consumer, nothing in these Terms removes statutory consumer rights.
Relevant protections may include the Consumer Rights Act 2015 and, for qualifying distance transactions, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Any term which conflicts with a mandatory consumer right will apply only to the extent lawfully permitted.
60Warranty and guarantee
Warranty and guarantee arrangements for purchased products are explained in our Warranty & Guarantee Policy and relevant product information.
For rented products, qualifying equipment faults are generally handled through the rental replacement process rather than through ownership-based product warranties.
61Limitation of liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
In particular, nothing excludes or limits liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot lawfully be excluded or limited.
UK law prevents businesses from excluding liability for death or personal injury resulting from negligence and subjects certain other business exclusions to a reasonableness requirement.
62Business losses
Subject to section 61 and to the extent permitted by law, DeskStack will not be liable for indirect or consequential business loss arising from use or unavailability of equipment, including:
loss of profit;
loss of revenue;
loss of opportunity;
loss of anticipated savings;
loss of contracts;
interruption to business; or
loss of goodwill,
where such loss was not reasonably foreseeable or where liability may lawfully be excluded.
Customers should maintain appropriate business-continuity arrangements and backups.
63Data loss
We do not guarantee that data stored locally on equipment can be recovered following hardware failure.
Customers should maintain suitable backups.
Subject to liability that cannot legally be excluded, DeskStack is not responsible for data lost because a customer did not maintain reasonable backups.
64Liability cap
Subject to the exclusions in section 61 and except where a different liability arrangement is expressly agreed in writing, our aggregate contractual liability arising from a particular purchased order will not normally exceed the amount paid for that order.
For rental services, our aggregate contractual liability arising from a particular Rental Agreement will not normally exceed the rental charges paid or payable under that Rental Agreement during the 12 months immediately preceding the event giving rise to the claim.
Any limitation applies only to the extent that it is lawful and reasonable in the circumstances.
65Customer responsibility for unlawful use
The customer is responsible for the lawful use of equipment supplied to it.
DeskStack is not responsible for unlawful activity carried out by a customer, employee, contractor or other user using equipment supplied by us.
66Website accounts
Customers may be required to create an account.
You are responsible for:
keeping login details secure;
using strong passwords;
restricting access to authorised users;
updating inaccurate information; and
informing us if you reasonably suspect unauthorised access.
Actions carried out through an authenticated account may be treated as authorised unless we have reason to believe otherwise.
67Acceptable website use
You must not knowingly:
attempt to gain unauthorised access to the website;
interfere with website security;
introduce malicious software;
scrape or overload the website in a harmful manner;
attempt to bypass eligibility or security controls;
impersonate another person or company;
submit fraudulent applications; or
use the website for unlawful purposes.
We may restrict access where misuse is suspected.
68Website availability
We aim to keep the DeskStack website available and functioning properly.
However, we do not guarantee uninterrupted availability.
The website may occasionally be unavailable because of:
maintenance;
hosting issues;
third-party outages;
software upgrades;
security incidents; or
circumstances outside our control.
69Third-party services
Some parts of DeskStack depend on third-party services, which may include:
Stripe;
couriers;
Companies House;
hosting providers;
analytics services;
identity-verification providers;
email providers; and
other technology providers.
We are not responsible for the independent operation of third-party services beyond the extent required by applicable law.
70Intellectual property
The DeskStack website and its original content, including where applicable:
branding;
logos;
text;
graphics;
page designs;
software;
workstation-builder design; and
other original material
are owned by or licensed to us.
You may use the website for normal business purchasing and rental purposes.
You may not copy, reproduce or commercially exploit our protected material without permission except where permitted by law.
Third-party brands and trademarks remain the property of their respective owners.
71Privacy
Our processing of personal information is governed by our Privacy Policy.
That policy explains matters including:
application information;
identity documents;
Personal Guarantees;
payment information;
website analytics;
retention periods;
data-sharing; and
individual rights.
72Cookies
Our use of cookies and similar technologies is explained through our cookie controls and Privacy Policy.
You may manage non-essential cookies using the options provided on the website where applicable.
73Communications
By creating an account, applying for a rental or placing an order, you agree that we may send transactional or service communications necessary to administer the relationship.
These may include:
order confirmations;
application updates;
verification requests;
agreement notifications;
invoices;
payment notices;
failed-payment notifications;
dispatch information;
return instructions; and
equipment-support messages.
These operational communications are separate from optional marketing.
74Marketing
Where permitted by law, we may send marketing communications.
Where consent is required, we will obtain it.
You can unsubscribe from marketing communications at any time.
Unsubscribing from marketing does not prevent us from sending necessary service communications concerning an active order, account or Rental Agreement.
75Confidential information
Each party should take reasonable care of confidential business information received from the other in connection with an order or rental.
This does not prevent disclosure where:
required by law;
required by a regulator or court;
necessary for professional advisers;
required for payment or debt recovery;
necessary to provide the service; or
the information is already lawfully public.
76Events outside our control
Neither party will be responsible for a failure or delay caused by circumstances outside its reasonable control, except that this does not normally excuse payment obligations that have already fallen due.
Such circumstances may include:
severe weather;
natural disasters;
fire;
national emergencies;
war or civil disturbance;
transport disruption;
widespread courier disruption;
widespread communications failure;
strikes;
government action;
significant cyber incidents; or
major third-party infrastructure failures.
We will take reasonable steps to minimise the impact where possible.
77Assignment and transfer
We may assign or transfer our rights under an order or Rental Agreement to:
a successor business;
another company within a corporate restructuring;
a finance provider;
a purchaser of the relevant equipment or rental portfolio; or
another appropriate third party,
provided that doing so does not unlawfully reduce the customer's contractual rights.
Where appropriate, the customer will be informed of a material change.
The customer may not assign a Rental Agreement to another party without our prior written consent.
78Subcontracting
We may use third parties to perform parts of our services, including:
deliveries;
repairs;
payment processing;
IT hosting;
verification;
customer communications; and
equipment recovery.
We remain responsible for our own contractual obligations subject to these Terms.
79Changes to these Terms
We may update these Terms from time to time.
Changes normally apply to future transactions from the date the updated Terms are published.
For an existing Rental Agreement, the contractual terms accepted when the agreement was entered into will continue to apply unless:
the agreement itself allows a change;
the customer agrees to the change;
the change is required by law; or
another lawful basis for the change exists.
We will not use this section to retrospectively impose arbitrary material charges on an existing fixed agreement.
80Order of precedence
If documents relating to a rental contain inconsistent terms, the following order will normally apply:
any specifically negotiated written terms signed by both parties;
the Rental Agreement;
any applicable Personal Guarantee in relation to the guarantor's obligations;
the order confirmation;
these Terms of Service;
our published policies.
A document lower in the list cannot override a specific provision in a higher document unless expressly agreed.
81Entire agreement
For business customers, the applicable order documents and agreements constitute the agreement between the parties concerning the relevant transaction.
Each party acknowledges that it has not relied on a statement that has not been included in the contractual documents, except that nothing excludes liability for fraud or fraudulent misrepresentation.
82No waiver
If either party does not immediately enforce a contractual right, that does not necessarily mean that the right has been waived.
A waiver relating to one event does not automatically apply to another event.
83Severability
If a court or competent authority determines that part of these Terms is invalid or unenforceable, the remaining provisions will continue to apply as far as legally possible.
84Third-party rights
Unless expressly stated otherwise, a person who is not a party to the relevant contract has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
This does not prevent lawful assignment of rights.
85Notices
Formal notices under a Rental Agreement should be sent using the contact method specified in that agreement.
Other communications may be sent:
by email;
through the customer's DeskStack account;
to the customer's registered or trading address; or
using another contact method provided by the customer.
Customers are responsible for keeping important contact information reasonably up to date.
86Complaints
If you are unhappy with a DeskStack product or service, please contact us so that we can investigate.
Include where possible:
your name;
business name;
order or rental reference;
explanation of the issue; and
the resolution you are seeking.
We aim to deal with complaints fairly and reasonably.
87Governing law
These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales, unless applicable mandatory law requires otherwise.
88Jurisdiction
For contracts between businesses, the courts of England and Wales will have jurisdiction over disputes arising from these Terms or the relevant contract unless another jurisdiction has been expressly agreed.
Mandatory consumer jurisdiction rights, where applicable, are not affected.
89Contact us
Questions concerning these Terms can be sent to:
DeskStack
A trading name of Cave Direct Technology Ltd
Company number: 14899593
VAT number: GB 462 3341 12
Registered office:
StorageMart – Unit 1618
Vulcan Road North
Norwich
England
NR6 6AQ
Email: hello@deskstack.co.uk