Maintenance Terms 225
TGM Software Solutions Limited, Terms and Conditions for annual Software Support
These are the terms and conditions of the agreement made between TGM Software Solutions Limited (Hereinafter called “The Company”) and the Customer, Person or Company buying goods or services from TGM Solutions Limited, (Hereinafter named “the Customer”).
1. WARRANTY AND MAINTENANCE
1.1 Subject to the payment of the current software maintenance charge, the Company will make every reasonable endeavour to assist in the resolution of any problems the Customer may have with the Product, however no guarantee is given that such problems will be resolved (in whole or in part).
1.2 Where applicable, payment of the current software maintenance charge will entitle the customer to free software updates as they become available.
1.3 Free support for software is subject to payment to the Company of the current maintenance fee within the time limit allotted by the Company for the same.
1.4 While no guarantee is made to resolve a particular software problem the Company will endeavour to at least restore a system to the state it was at on the occasion of the last back-up being taken. It is the responsibility of the Customer to ensure that regular and frequent back-ups of data files are taken.
1.5 On-site visits for the resolution of problems must be paid for at normal on-site rates.
1.6 No third party may attempt to repair or remedy any problems that occur with the farm software provided by the company, without the prior permission of the Company.
1.7 No support will be provided for software, other than that provided by the Company.
2. MAINTENANCE/SOFTWARE UPDATE CHARGES.
2.1 Maintenance charges shall be payable annually in advance.
2.2 Payment of Maintenance Charges does not entitle the customer to a free book-keeping service. Items covered by maintenance payments are defined in clause 1, Warranty and Maintenance. Book-Keeping activities are chargeable at the going rate. A copy of the current rates charged for book-keeping services is available on request.
3.1 The Company may assign or transfer to another party this agreement at any time without the Customer’s consent.
4.1 This agreement may be terminated at any time by either party by the giving of three months notice, in writing to the other party involved.
4.2 All maintenance agreements will be immediately suspended if the Customer fails to make any payment in respect of the same, by the due by date for such payment.
5.1 The Company has no liability for consequential loss, loss of profit, loss of data, or for damage of any kind arising in any way out of or in connection with the hardware, software, advice given, system design or any other aspect of the computer system supplied.
6.1 The customer shall be expected to honour all copyrights existing on software provided by the Company
6.2 Copying of programs installed by the Company shall immediately result in the termination of all maintenance arrangements entered into by the Company without repayment of any fees paid. Both the owner of the original programs which were copied and the recipient of the copied programs shall be liable to prosecution.
7. COMPUTER VIRUSES
7.1 The Company shall have no liability for problems caused by Computer Viruses. It is the customer’s responsibility to ensure that up anti-virus software is installed and up to date.
LAW This agreement shall be governed by, and interpreted according to the laws of Northern Ireland