Terms and Conditions
We guarantee that the system we create for you will pay for itself, provided that certain terms and conditions are met, as set out below. If a system does not pay for itself, we will refund the difference, as defined below.
This guarantee is offered in good faith – We don’t want to take on a project that is going to be a waste of your money.If you want to enforce our money-back guarantee, you must agree a measure of success with us before the project commences. If we have not agreed this measure in advance, we will not be liable for any refunds.
We cannot be held liable for failure that is outside our control. For example, it is your responsibility to ensure that your system is used correctly.The limit of our liability shall be the initial cost of the system, as set out in our agreed specification. It excludes any on-going support charges that you choose to incur. If you are given a full refund, then you must erase all copies of the database files from your computers and you will no longer have the right to use the system.
We agree to refund the difference between the initial cost of the system and the business gain you have made according to the measure agreed between us before commencement of the project. (We would normally expect your gain to be much higher than the cost of the system!)
Valid projects are for new customers only, and work must be completed before the date given in the offer letter, unless otherwise agreed with us in advance.You must contact us before the deadline given in the offer letter, in order to qualify for the discount.
The discount will be applied to the cost of creating a system for you according to a specification agreed between us. The discount will not apply to any subsequent on-going support or amendments requested.The discount is not available in conjunction with any other offers.
1. We will supply software development and/or training and/or analysis as detailed in the specification or acknowledgement of order. This will specify the work to be carried out, timing, and price.
2. It is our policy to charge for producing specifications. Once produced, the specification belongs to the customer and sets out their requirements for a system. The charge is fully refundable against the cost of producing the corresponding system, should the work go ahead.
3. Payment will be due as follows:
a) For training, there will normally be a deposit of 50% due at time of booking. Remaining monies will be invoiced on completion, or for longer-term bookings on a monthly basis unless otherwise agreed at the time of booking.
b) Unless otherwise agreed in writing, for software development work, 50% estimated development cost will become payable at the time of order. Remaining monies will be invoiced on completion. If a project is cancelled after ordering, a proportion of the estimated development cost will be payable. This will be the percentage of the work completed, or 50%, whichever is the greater.
c) All monies will be due within 14 days of invoice dates. Payment outside this period may result in forfeiture of a prompt payment discount. Rates quoted will assume payment within the 14 day period.
d) All prices exclude VAT which will be charged at the standard rate, when applicable.
4. As a trainer/developer there is no liability for costs incurred as a result of erroneous actions taken by clients' employees before, during or after training or use of a system. Every effort will be made to ensure that computer-held information is protected from such actions, but it is advised that clients routinely keep back-up copies of their information to minimise problems.
5. The trainer/developer cannot be held responsible for damage to files due to computer viruses. Every effort will be made to ensure that disks brought on site are virus-free, and to seek permission before using disks.
6. Unless otherwise specified, our prices do not include a provision for support. Support is normally charged on a pay-as-you-use basis at our standard hourly rate.
7. In all circumstances, our liability is limited to cover only direct costs incurred up to a maximum of the amount you have paid to Software-Matters for the work done. Our liability excludes the Contracts (Rights of Third Parties) Act.
8. Under no circumstances will time be of the essence and under no circumstances will "best endeavours" apply.
9. The systems we produce operate within the framework of Microsoft Office and do not alter the functionality or year 2000 compliance of Microsoft Office. We cannot guarantee the year 2000 compliance of any Microsoft product. And we cannot be held responsible for bugs within Microsoft Office.
10. Any customised products (or add-ons to existing software) developed by Software-Matters are copyright of Philippa Turnbull, with all rights reserved. Where we carry out work on software initially created by someone else, the copyright of that original software remains with the original owner. The intellectual property of the parts created by Software-Matters remains with Software-Matters.
11. Firm bookings for training or other visits cancelled within one week of their date will be fully payable.
12. All work that we carry out and these conditions shall be governed by and construed in accordance with the law of England and Wales, regardless of the location of the client's business or the users of the software.
This Disclaimer is a legal agreement between you, or where relevant your company, and Software-Matters. By purchasing and/or downloading any of our products from www.software-matters.co.uk, you agree that you have read and understood this Disclaimer in its entirety and accept its contents without modification.
Software-Matters does not take any responsibility and is not liable for any damage caused through use of these products, be it indirect, special, incidental or consequential damage (including damage for loss of business, loss of profits, interruption or the like). Software-Matters makes no warranties, expressed or implied, for the products we provide. Software-Matters will not be held responsible for any interruptions, delays, failures, inaccuracies, or typographical errors. Software-Matters does not take responsibility for the correct workings of a product that has been modified in any way or by its use in ways that it was not designed for. You must also be aware that, as with any other software, bugs could be found in the software that you purchase. These should be reported to us and they will be solved as soon as possible (if and when possible). We reserve the right to distribute upgrades. Ensure that you have read any Frequently Asked Questions and the product page of the product that you are purchasing. Use of the products available on www.software-matters.co.uk is governed by their respective licence agreements, which are available to view on www.software-matters.co.uk, and may contain restrictions on use including, but not limited to, the requirement(s) to pay Software-Matters a specified amount after a trial period has elapsed.
All products are sold on an “as is” basis. All features are listed on the product page. By ordering a product from www.software-matters.co.uk, you agree that you have read and understood the product specifications and have assessed that they can be used by you in the way that you require. By ordering from www.software-matters.co.uk you agree that you wish to purchase the selected product(s) and that you will not hold www.software-matters.co.uk responsible in any way should the product(s) not meet your expectations. Purchasing and or using any of our products (including free products) means that you have understood and agreed to all the terms and conditions of this Disclaimer.
Software-Matters reserves the right, at our discretion, to change, modify, add or remove portions of our Disclaimer at any time and from time to time. These changes will be posted for general public view on www.software-matters.co.uk and will be effective upon posting. You should review this Disclaimer each time you download or purchase a product and periodically during your time using one of our products, in case of changes.
Software-Matters is VAT registered. VAT Reg No: 618 4490 28
