Legal
Website
-
Content
We hope that you will find all the content provided on our website informative
and useful. However, we cannot guarantee that it will always be completely
error-free. The Content may include technical inaccuracies or typographical
errors. We endeavour to correct errors and omissions as quickly as practicable,
but do not accept liability for any such errors and omissions.
-
Intellectual property
All intellectual property rights and copyright in the web site, the content,
the selection and arrangement thereof, and all software compilations,
underlying source code, software and all other material on the web site are
reserved to Clicktricity.
In accessing the web site you agree that you may only download and store one
copy of the Content for your own personal, non-commercial use. You are not
permitted to copy, broadcast, sell, lease, download, store (in any medium),
transmit, distribute, show or play in public, modify, adapt or change in any
way any Content for any other purpose whatsoever without prior written
agreement.
-
Copyright
The content, layout and design is copyright Clicktricity, all rights reserved.
Other product and company names mentioned herein may be the trademarks of their
respective owners. Any rights not expressly granted herein are reserved.
Services
Unless specifically agreed and signed in advance, the following terms shall
apply to all services provided by Clicktricity.
-
Description of Services. Clicktricity shall perform professional consulting,
software development and/or training services (“Services”) as listed on the
Customer’s “Letter of Engagement”. Such Services shall be governed solely under
the terms and conditions contained herein.
-
Customer agrees to pay Clicktricity for such Services within thirty (30) days
from receipt of invoice. Unless otherwise noted on the Letter of Engagement,
travel costs and standard expenses for Consultant are not included in the
price. Actual and reasonable travel costs and standard expenses incurred in the
performance of Services shall be reimbursed at cost supported by copies of
actual receipts or other substantiating documentation and shall be billed and
payable separately on a monthly basis. Customer shall pay and reimburse all
such fees and expenses within thirty (30) days of Customer’s receipt of each
such invoice. Travel hours shall not be billed.
-
Any design, concepts, techniques, and any other software techniques used or
invented in the course of or as a result of the Services are the property of
Clicktricity, and may be used by Clicktricity in other business activities,
provided such use does not cause the disclosure of information confidential to
the Customer. Customer hereby acknowledges that the Work (as defined below) may
contain, or be a Derivative of, Clicktricity’s proprietary software products.
Customer agrees that, to the extent that such Work contains or is a Derivative
of a Clicktricity Software Product, all of the intellectual property developed
as a consequence of the Services rendered by Clicktricity hereunder is and
shall remain the property of Clicktricity, for which the customer is granted
non exclusive License to the customer to use such Software. To the extent that
the Services to be performed under a Letter of Engagement and/or Statement of
Work shall not contain any portion of, nor is a Derivative of existing
Clicktricity Software, such deliverables thereunder shall be deemed to be a
work-made-for-hire for Customer.
-
Clicktricity warrants to Customer that the Services will be performed by
qualified personnel in a professional manner. CLICKTRICITY MAKES NO OTHER
WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
NON-INFRINGEMENT OF THEIR PARTY RIGHTS. IN NO EVENT SHALL CLICKTRICITY OR ITS
EMPLOYEES BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EITHER IN
CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMEAGES HAS BEEN
DISCLOSED TO CLICKTRICITY IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY
CLICKTRICITY. CONSULTANT’S ENTIRE AGGREGATE LIABILITY UNDER ANY PARTICULAR
LETTER OF ENGAGEMENT AND/OR STATEMENT OF WORK SHALL BE LIMITED TO THE AMOUNTS
PAID BY CUSTOMER UNDER SUCH LETTER OF ENGAGEMENT AND/OR STATEMENT OF WORK. BOTH
PARTIES AGREE THAT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE CHARGES TO
BE PAID BY CUSTOMER UNDER THE APPLICABLE LETTER OF ENGAGEMENT AND/OR STATEMENT
OF WORK AND THE LIMITATIONS SET FORTH IN THIS SECTION, REFLECTS THE ALLOCATION
OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES.
-
The relationship between Customer and Consultant for any such Services shall be
that of independent contractors.
-
These Terms and Conditions, the Statement(s) of Work and the Letter of
Engagement(s) between the parties with respect to any Services to be performed
(the “Agreement”) set forth the entire understanding of the parties and
supersedes any prior negotiations, understandings or agreements with respect to
the subject matter hereto. Any terms and conditions of any purchase order or
other instrument issued by Customer in connection with such Services which are
in addition to, inconsistent with or different from the terms and conditions of
this Agreement will be of no force or effect.
-
Clicktricity warrants for a period of ninety (90) days following Clicktricity's
completion of any Services provided hereunder that such Services will meet the
specifications described in the Statement of Work applicable to such Services.
Any warranty claim related to the Services must be submitted in writing to
Clicktricity within such ninety (90) day period. Clicktricity's sole obligation
for warranty claims submitted hereunder shall be to repair or replace any
nonconforming portion of the services.
-
This Agreement shall be conclusively deemed to be made and entered into in the
United Kingdom and shall be governed by and construed in accordance with UK
law.
--- Clicktricity terms --- V2.3 --- Last Updated 12 July 2007
---