Business Management Systems

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T:- 0780 1126633 E: andy@data-creator.co.uk

TERMS AND CONDITIONS

Data Creator reserve the right to make such amendments to their terms and conditions as may be deemed necessary from time to time.

Terms and Conditions are available at the request of “The Client” at any time and will be delivered electronically to the requesting party.


1/  The contracting parties are Data Creator and:- (“The Client”)


2/ “The client” hereby agree to the figure of [£__.00] Per 8hr Day (Excluding VAT) for the completion and delivery of a functional system (“the System”) (Excluding the FilemakerPro Software), which meets the objectives, and structures agreed and discussed. The FilemakerPro software is to be supplied under a separate agreement and is not included in any form under this agreement, unless under an AVLA, clause 9 and subject to clause 11. The charges are calculated based on time worked.

For example:-

Time on site = 5hrs. The Charge is calculated as:- £550/8hrs x 5hrs = £343.75 + VAT.


3/  Payments are to be made to Data Creator, by immediate return on presentation of our invoice, unless otherwise agreed in writing.


4/  Title to “the System” will only be assigned to “The Client” on payment of the final invoice and shall remain the property of Data Creator until full payment is made. Copyright is owned by Data Creator.


6/  Data Creator will assist wherever possible with advice on hardware and network set up. However, unless supplied by Data Creator, we will have no responsibility for any hardware or network issues raised within the project.


7/ Data Creator reserve the right to charge “The Client” a cancellation fee, if our on-site attendance is cancelled within 24hrs of the appointed time. The amount charged will be a minimum of £250.00 +VAT and not more than the above stated daily rate.


8/ Any non-payments of Invoices will attract a supplemental invoice for 10% of the entire NET outstanding balance and subject to VAT. The supplemental invoice will be calculated weekly from the due date and the invoice terms for the supplemental invoices will be due by return.


9/ If “The Client” wishes to enter into an AVLA (annual Volume Licence Agreement), Data Creator will supply the necessary FileMaker, under all forms (Pro, Server and Advanced) as per “The Client’s” system requirements. This will be supplied under an annual renewal contract and subject to Clause 11, section d. It is Data Creator’s responsibility to ensure all AVLA contracts are current and legal. It is the responsibility of “The Client” to ensure the quantities of the FileMaker software required is correctly advised to Data Creator at least 2 calendar months prior to the contract renewal.

10/ Parameters

a)  The system will be delivered at the agreed time frames, on the understanding that the parameters outlined are adhered to and payments are made on time.

b)  The developer under Data Creator is covered by a non-disclosure and confidentiality agreement.

c)  With regard to 10.b, should the developer require access to certain information or documents to assist in the fulfilment of the project, the developer should be allowed access. Supervision is accepted.

d)  The developer recognises there is legislation that must be adhered to and will ensure that any privileged information received will be treated with the confidentiality and respect deserved.


11/ Termination

a)  It is agreed that either party may terminate this agreement in writing to the other party giving at least 2 weeks’ notice to terminate.

b)  All work completed up to the date of termination will be paid for at the daily rate agreed in clause 2 (excluding VAT) from the last paid date. Work sheets will be produced to enforce the claim.

c)  All work will be delivered to the respective parties provided it has been paid for by cleared funds.

d) An AVLA is an Annual Volume Licence Agreement which is purchased by Data Creator directly from FileMaker and will be passed on to “The Client” by way of invoice from Data Creator. The invoice represents an annual renewal for the FileMaker Pro software in all forms, to include Server and Advanced. Should “The Client” choose to purchase FileMaker software directly from FileMaker or any other recognised reseller, you are required to give Data Creator at least 2 months written notice prior to “The Client’s” annual renewal date. Should “The Client” not comply with this arrangement, any AVLA renewal invoice from Data Creator is due and payable. It is the responsibility of “The Client” to ensure the quantities of the FileMaker software required is correctly advised to Data Creator prior to the contract renewal as per clause 9. Data Creator will not be liable for any omissions or over-stating of quantities from “The Client”.


12/  Data Creator reserve the right to make such amendments to their terms and conditions as may be deemed necessary from time to time. Terms and Conditions are available at the request of “The Client” at any time and will be delivered electronically to the requesting party.


13/ Governing law

a) This Agreement shall be governed by and construed in accordance with English Law.

b) All disputes or differences of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be submitted to the Courts of England and Wales.