Services referred to below, and covered under the contract, may comprise any of the following professional services:-
Services are provided at a point-in-time. Unless otherwise agreed, the Company will make no provision to maintain, patch or fix Software, Cloud Services or Hosting should updates or new versions become available.
It is the responsibilty of the Customer to request all updates, patches and fixes. The Company will confirm if the update can be made - especially where the Services reside on the Company's infrastructure - and, if so, provide a quotation for the work.
Unless otherwise stated in the contract, the Company offers 30 day payment terms on all Services.
The Company may cancel the contract for any reason by providing 30 days notice in writing, or, where the reason is that of non-payment, and amounts are 60 days or more past-due, with 5 days notice.
The Customer shall provide 30 days notice of contract cancellation.
Where the terminated Services comprise Cloud and/or Hosting, Services will be deleted from
the Company's infrastructure once the notice period is complete.
The Customer may request any assets owned by the Customer, and held on their behalf by the Company, be transferred to the Customer within the notice period.
An administration charge will be quoted for the transfer, representing an estimate of the time required, costed at £100 per hour (net of VAT) and any such other relevant costs, which will be required to be paid in advance before any transfer takes place.
For Cloud and Hosting specifically, the Company is not liable for degradation, service failure or suspension where the Company's infrastructure is updated and can no longer support the Services being provided.
In no circumstances whatsoever will the Company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
The Company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise.
The Company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of Services.
The Company's total liability to the Customer in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price paid by the Customer for the Services.
The Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
The Company will not be liable for any loss or damage resulting from its failure or delay in performing its obligations under the contract to the extent that such failure or delay arises from circumstances beyond its control.
The parties do not intend that any of these terms & conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.