Purchase Contract Terms and Conditions  

This part of the document sets out the full terms and conditions of the “Contract” made between tick9 Limited (“the Seller”) and the "Customer” whose name appears in the quote which is attached hereto and made a part hereof for the purchase of the “licences or professional services” as described thereof.  No salesperson has the authority to vary the printed terms of this Contract. 

 

All Headings contained in this Contract are for ease of reference only and shall not affect the construction hereof. 

 

The provisions of these Terms and Conditions and all disputes arising out of or in connection therewith shall be construed in accordance with or governed by English Law. 

Should the Customer wish to cancel this Contract, they hereby agree to compensate tick9 Limited at the rate of 100% of all monies promised relating to the estimated costs  

 

Payment shall be made in line with the stated payment terms and without any deduction whatsoever within 14 days following the date of the invoice. 

 

  •  Licences are available on an annual or 3 year basis 

  • Annual Licences are subject to a price increase by the software provider (normally no more than a 10% uplift, this is fully controlled by the software provider) 

  • 3 year licence costs are fixed for the full term 

  • Tick9 Professional Services will be subject to a maximum 5% increase per year 

  • Any ad-hoc or additional requirements can be given a fixed cost or charged on a T&M basis 

  • This can be agreed at the time of enquiry 

  • Tick9 Annual Support is reviewed annually 

  • Any proposed price increase will be discussed with the client prior to implementation 

 

The Customer shall ensure that the seller is provided with appropriate access to the systems as may be required for the installation and preparation of any software included in this contract. 

 

The Customer acknowledges that all prices quoted in the Contract are exclusive of Value Added Tax.  Accordingly, the Customer covenants to make all payments due under the Contract together with Value Added Tax at the rate in force on the date when the supply to which the payment relates is treated by the purposes of the Law relating to Value Added Tax as being supplied to the Customer thereunder. 

 

The Estimate may incorporate computer programs (“Software”).  All the rights in the Software belong either to our supplier or to the people who licence it to them.  The Customer has no rights in it but is allowed to use it in accordance with the terms outlined in the Contract or other terms as notified.  Except to the extent permitted by law, the Customer must not copy, modify, merge, decompile, disassemble, reverse engineer or make available or disclose the Software in whole or in part to any third party. 

 

Software is supplied subject to any terms and conditions stipulated by any relevant third-party licensor of the Software.  If required by the Software licensor the Customer also agrees to enter into a separate licence agreement with it for the Software. The terms of such Software licence shall prevail to the extent of any inconsistency with these Conditions.                                                                                                                                                                         

 

If prior to installation or payment of the project the Customer shall be adjudicated bankrupt or have a receiving order made against him or being a Company shall pass a resolution for winding up or suffer a winding up order to be made against it or have a receiver appointed of the whole or any part of its assets the Seller may elect not to deliver the project except against payment in cash of the purchase price of the estimate in full. 

 

The customer must notify the Seller within seventy-two hours of the project going live of any errors, faults, omissions or shortages quoting any references. 

The Contract shall be deemed to have been duly performed and the project complete and accepted unless a written claim is received by the Seller in respect of any matter within three working days of delivery. 

 

This is a Purchase Contract, the Customer (at the date on which he signs the Contract) shall be deemed to be satisfied that the project is reasonably fit for the purpose or purposes for which it is to be used. 

 

The seller’s rights shall not be affected or restricted by any indulgence or forbearance to the Customer.  No waiver by the Seller of any breach shall operate as waiver of any later breach. 

 

Any provision hereby which proves to be void or unenforceable will only be ineffective and unenforceable as to that provision without affecting in any way the validity or enforceability of the remaining provisions hereof. 

 

All goods and services supplied and sold by tick9 Limited are supplied for use within the United Kingdom and are subject to the Export of Goods (Control) Order 1987, and the Export Administration Act 1987. 

 

Tick9 Limited supplies goods only in accordance with the above and the customer’s acknowledgement below confirms that no breach of such acts or orders will take place.  

This Contract constitutes the entire Contract between the Customer and tick9 Limited and no representation statement condition or warranty whether express or implied statutory or otherwise not contained in the Contract shall be binding on tick9 Limited.  No alteration, waiver or modification of the printed terms of this Contract shall be valid unless signed by a Director of tick9 Limited.  The said terms shall prevail notwithstanding any variance or conflict with the terms and conditions sought to be imposed by the Customer and the Customer’s signature hereof shall be conclusive evidence thereof. 

Customer licence requirements: 3-year term  

Both parties become legally bound by this Contract upon acceptance above or payment, in part or in full, of our invoice.