Terms & Conditions
All software is to be paid for in full and in advance. Hours allocated to each service are estimations only, based on Database Partners experience with your project size, your business and technical requirements. Charges are inclusive of meetings, development time, phone time, standard project documentation, and research and travel time. For all new accounts, initial payment of Software must be received before any service delivery can commence. Our consulting rate is $176 (including GST) per hour for work outside the scope of the job. All pricing includes GST. All Software pricing is subject to change without notice and any such change from the distributor will be passed onto the purchaser.
Times indicated for software installation and synchronisation are based on average time required. This is dependant on the health of your network, PC's or database. It is highly recommended that your PC's have scandisk and defrag run before installation of software (this applies to all software). In the event unforeseen issues with your above environment, such as corrupt PC registry, corrupt database etc addition charges may occur of the above hourly rate if it exceeds the quoted time required.
AGREEMENT TERMS & CONDITIONS OF WORK
Acknowledgement of Work Performed: The Client's Signature is an acknowledgement that Database Partners has incurred substantial expense in providing the services of an ACT! Consultant and that these services were completed to the satisfaction of the client. There will be situations where no signature required on smaller jobs, We will then ask the Clients Credit Card to secure the require work that needs to be done. Clients giving a credit card over the phone will acknowledge the terms from $176 per hour at 20 mins increments. If the payment is pass the due date, Database Partners will debit the card for the payment.
Authorisation to Sign: The person signing for completed works on behalf of himself / herself is indicating that he or she is authorised to sign on behalf of the Client/Organisation.
Overtime: Overtime will be billed at 150% (time and a half) the rate indicated of the hourly rate. Overtime rates apply:
- 1) for any work performed after eight hours of work on any given day
- 2) for any work performed before 9:00am
- 3) for any work performed after 7:00pm
- 4) for any work performed on Saturday or Sunday
Warranty: Database Partners makes no implied warranty of merchantability, no implied warranty of fitness for a particular purpose and no other warranty, either express or implied, concerning any of the products serviced.
Agreement to Pay: Client hereby agrees to pay Database Partners for requested and completed work performed. Accounts past due will incur a $10.00 (ten dollar) late payment penalty and a 1.5% monthly interest penalty. Returned cheques will result in a $30 penalty. Cheques should be made payable to Database Partners.
Indemnity: Client agrees to hold Database Partners harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and Solicitors fees) arising out of or relating to any use of, or reliance on, any software that Database Partners services.
Under no circumstances will database partners be liable to you, or any other person or entity, for any loss of use, revenue or profit, lost or damaged data, or other commercial or economic loss or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to our services or your use or reliance upon software serviced by database partners, even if advised of the possibility of such damages or if such damages are foreseeable. this limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.
Warranty disclaimer. Software installed and/or serviced by database partners is made available on an “as is” basis only and is provided without any warranty or indemnity of any kind. Database Partners makes no warranties, conditions, indemnities, representations, or terms, express or implied, whether by statute, common law, custom, usage, or otherwise as to any other matters, including but not limited to integration, accuracy, security, availability, satisfactory quality, merchantability, or fitness for any particular purpose with respect to the software innovative automation solutions, inc. Services.
The below terms and conditions relate specifically to issues occurring during Act! installations, servicing and support.
A nominal deposit must be made before commencement of implementation work.
Software licenses will not be released to the client until all implementation invoices have been paid.
Additional design modification requests
Additional design modification requests above the quoted amount will be charged on an hourly basis and will require client/management authorisation for Database Partners to proceed with those changes.
Additional design modification requests during training
Any design modifications requests received during the training process will be actioned after training is completed and will be charged separately on receipt of client/management authorisation. Design modifications will not be carried out during training sessions.
Provision of data
Any data requiring re-formatting and uploading which are in addition to the quantity of data identified during ‘needs analysis’, will be reformatted and uploaded only on receipt of client/management authorisation. This will be charged on an hourly basis. It is essential that all data needing reformatting and uploading is identified during “needs analysis” including Excel Spreadsheets that contain ‘multi-sheets’.
Corrupt or low quality data
Data requiring excessive cleaning and re-formating exceeding the standard amount, will be charged per hour to complete the task. The technician on site will inform the client /manager if data is requiring extra re-formating time whereby only after authorisation is given, will the job be completed.
Infrastructure, hardware & operating system related issues
During installation & onsite work, issues encountered outside of quoted hours such as: Inadequate hardware, insufficient internet speed or availability, deletion of important or necessary files by individual users, file corruption, tampering or manual changes to settings, profiles or fields by company IT Department and/or users, corruption in software components that the application we install requires, limited memory availability, absence of laptops / PDAs etc at the time of installation and poor or low quality PC's (both desk and laptop) will be corrected on confirmation of issue and on receipt of authorisation by client /manager. These corrections will be charged on an hourly basis. Database Partners takes no responsibility for inadequate IT arrangements. Database Partners and in Act! Databases only.
ACT! Related Issues
Database Partners takes no responsibility for issues relating directly to SAGE software. Software related issues are out of the control of Database Partners - who are resellers of Act! products - and in such circumstances, will make every attempt to resolve any problems encountered quickly with the manufacturer, SAGE. Your patience & understanding of technology is requested during such processes.
Database Partners estimates that the majority of individual software installations takes approximately 40 minutes per PC however in some circumstances (read all terms and conditions), this may take longer. In addition, Database Partners bases its installation times on the understanding that ACT software has not been previously installed or attempted to be installed by anyone prior to work beginning, that all information necessary to conduct a successful install has been provided by the client and that the company has the sufficient hardware & system set up to handle the transition. For any additional trouble shooting, reformatting and extensive work to make ready for an installation, hourly charges will apply after authorisation is given by client/ management.