PreactCover Support Terms & Conditions

In this Agreement “The Company” shall mean Preact Ltd, Vandervell House, Vanwall Business Park, Maidenhead, Berkshire, SL6 4UB, and “The Customer” shall mean The Company’s Customer in whose favour the Support Agreement (“The Contract”) has been issued.

Software Support Provided

The Company shall:

Provide The Customer with such technical advice by telephone, fax, mail or e-mail as may be necessary and queries on installing and using the software product covered by this Agreement. This technical support will be provided through The Company’s Software Team and the telephone service will be available between the hours of 09:00 and 17:00 Monday to Friday but excluding statutory holidays. The Company shall endeavour to respond with technical advice to a support enquiry at the earliest available opportunity.

NB. It is regretted that assistance cannot be provided on problems relating to computer hardware, operating systems and printers unless stated in attached appendices. It is further regretted that assistance cannot be provided on problems relating to data synchronisation, unless specifically mentioned on the document entitled “PREACTCOVER Performance Partnership Software Support Agreement” which must be signed by both The Company and The Customer. Any support for data synchronisation is subject to current administrator having been trained to synchronisation administrator level and the system having been implemented by The Company or checked for correct implementation by The Company. Once the synchronisation process has been checked, and is found to be correct, any changes that are made to the synchronisation set-up without prior consultation with “PREACT” will invalidate this agreement.

The Company will pursue, on your behalf, rectification of any faults found in the software due to faulty workmanship or the supply of incorrect materials direct with the Software Author/Distributor.

Customer Obligations

The Customer shall:

Ensure the software is used only on the specified computer hardware for which the software has been licensed and supplied.

Maintain and operate the software in a proper and prudent manner in accordance with such advice and instructions as The Company may issue from time to time, and allow its use only by competent and authorised personnel.

Keep a minimum of 3 (three) separate sets of Backup media, for use in rotation, of a standard and frequency to allow The Customer to recover current data without undue loss of staff time.

Make available to The Company, without charge, any information, materials or facilities to enable The Company to discharge its obligations under this Agreement, provided always The Company shall hold as confidential any such information provided by The Customer.

Notify The Company of any defect or alleged defect within a period not exceeding 5 (five) days from the date the said defect first becomes apparent.

Be responsible for ensuring that the software is suitable for the purpose intended.

Notify The Company should any additional licenses of the software be purchased or acquired from any other source other than from The Company. Purchase of additional licenses may incur additional costs for the continuation of PreactCover – this will be calculated at the appropriate rates in force at the time the agreement commenced, and invoiced to The Customer pro-rata for the remainder of the agreement period.

Liability

The Company warrants to The Customer only that the software will function in accordance with the specification contained in the software documentation, provided always that the software has been used and maintained strictly in accordance with The Company's instructions. Save as herein provided, all representations, warranties, conditions or terms whether expressed or implied and whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall The Company be liable to The Customer or to third parties for loss of profit or direct or indirect loss or damage whether special consequential or otherwise and however arising from breakdown or failure of the software supplied by The Company.

Period of the Agreement

The Agreement shall come into force and effect on the date specified in The Contract issued by The Company on receipt of The Customer's remittance and shall remain in force and effect for the period specified in the said Contract provided always that at its sole option The Company may terminate the Agreement at any time by 7 (seven) days notice in writing to The Customer. In the event of such termination by The Company, The Customer shall be repaid such sum as is appropriate to the remaining period of the Agreement calculated pro rata to such remaining period.

The Customer may terminate the Agreement at any time by giving 30 (thirty) days notice in writing to The Company. In the event of such termination The Company reserve the right to levy a termination fee to the sum of 30 percent of the total contract cost. The Customer shall, at the discretion of the Directors, be repaid such sum as appropriate to the remaining period of the Agreement calculated pro rata to such remaining period.

Force Majeure

Neither party to the Agreement shall be liable for failure to perform, or for delay in performing, its obligations hereunder if such failure or delay in performing shall be due to Acts of God, War, riot, civil commotion, weather, labour disputes, failure of sub-contractors, Software Authors or any other cause beyond the reasonable control of the party concerned and whether or not of a similar nature to the foregoing.

Non-Assignment

The Customer is not permitted to assign the benefits and obligations of this Agreement to a third party unless the prior and written consent of The Company shall have been obtained.

Suspension

The Company may suspend this Agreement forthwith upon written notice in the following events namely:

The Customer abuses the facilities of the agreement e.g. many support calls for user problems that should be solved by training.

The software has not been installed to a standard deemed satisfactory by The Company.

Termination

The Company may terminate this Agreement forthwith upon written notice in either of the following events, namely:

That The Customer commits a breach of any of the terms and conditions hereof and in circumstances where such breach is capable of rectification has failed to rectify such breach within 14 (fourteen) days of receiving written notice requiring it to do so, or

The Customer becomes insolvent or compounds with its creditors or goes into liquidation, other than for the purpose of reconstruction or amalgamation, or has a receiver of its assets appointed.

The Customer does not comply with The Company's standard terms and conditions.

Notices

Any notice to be given by either party to the other under the terms of this Agreement shall be given by mail or facsimile transmission at the address for such party as may be notified by one party to the other from time to time.

Renewal

This agreement shall be renewed automatically on its Expiry date unless cancelled by either party. The Customer shall be invoiced in advance of the renewal date.

In the event The Customer has purchased additional licenses of the software since the last renewal the customer shall be invoiced at the new level accordingly.

The Company reserves the right to apply an increase in its charges for the provision of its support service at the point of renewal.

Law

This Agreement shall be construed and operated in accordance with English law.

General Terms & Conditions

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