Terms and Conditions

Introduction
These Terms and Conditions and any Client Agreement made under them represent a legally binding contract between Atlantic software store and the client specified in the Client Agreement to which they are attached. Clients indicate their intention to enter into a legally binding contract with Atlantic software store by signing and dating a copy of their individual Client Agreement (to which a copy of these Terms are attached) and returning the full document to Computer Confidence Ltd. Any contract so entered into is governed by the law of India and is subject to the jurisdiction of the Indian courts. Breach of any term contained in these Terms and Conditions or in the individual Client Agreement to which they are attached may therefore result in legal action.
Fees and Title
i) Payment Policy: a) Fees are charged either on an hourly or a monthly basis or on any other basis agreed with the individual Client and specified in the Client Agreement. b) The contract amount is agreed with the individual Client and specified in the Client Agreement. c) Out-of-pocket expenses and the cost of supplies will be agreed with the Client. ii) Invoicing: Clients will be invoiced either in accordance with a schedule attached to the Client Agreement or within a period of time after completion of work as specified in the Client Agreement. iii) Payment Method: The Company can accept payment in the following ways: • Cash • Direct Debit • Cheque • Standing Order iv) Due Date for Payment: Payment will normally fall due 14 days from the date shown on the invoice unless varied by the Client Agreement. These payment arrangements may be varied in response to changing circumstances. v) Overdue Payments: a) Interest is chargeable on all overdue payments commencing one calendar month after the due date for payment up to and including the date of settlement at the rate of 8% above the base rate. b) Failure to settle invoices on or before the due date for payment may result in changes to credit arrangements. vi) Title to all goods and services remain with The Company until paid in full. Should a refund be made or there is any dispute over payment, title shall revert back to The Company.
Services
i) Standard: The Company’s standard software development services include: a) Ascertaining the Client’s functional requirements b) Drawing up a functional specification c) Designing and developing the program(s) necessary to fulfil the specification d) Performing all appropriate testing e) Performing all reasonable modifications arising from user acceptance testing consistent with the original functional specifications.
Rights and Obligations
i) The Company: Atlantic software store undertakes to: a) provide services of the nature and to the level specified in clause 2 of these terms b) take all reasonable care and exercise all due diligence to ensure those services are of the quality and standard of a reasonably competent service-provider in the field of software development c) after initial installation, provide the Client with an installation version of the software. d) Where the additional services detailed in Clause 2.ii (above) are to be provided, carry out reviews and maintenance as agreed in the Client Agreement. ii) The client: The Client undertakes to: a) Provide the Company with all system information necessary to enable it to provide the agreed services b) Specify the nature of the application to be developed
Limitations and Exclusions
In addition to any limitations or exclusions of liability specified elsewhere in these Terms or in the Client Agreement, the Company can accept no liability for: any losses howsoever arising from: i) Any loss or corruption of data howsoever arising ii) Any issues relating to internet services to which Clients’ pc’s and/or file servers may connect. iii) The acts or omissions of third parties including (but not exclusive to): a) suppliers of goods or services: This includes such suppliers engaged by the Client or the Company, either before, during or after the life of this contract. It does not include authorised agents of the Company acting within the limits of their authority. iv) Any fire, flood, industrial action or other event beyond the reasonable control of the Company. v) In any event, any damages for which the Company may be liable for any breach of its obligations as set out in 4.i above are limited to damages for direct financial losses only
Complaints Procedure
If a complaint cannot be resolved informally: i) it should be submitted in writing to the Company, marking the envelope “Complaints”. The matter will then be investigated thoroughly by the Managing Director who will investigate the matter thoroughly, including arranging a meeting with the Client where necessary. Following the investigation, a written decision will be provided to the Client. ii) If the Client does not accept this decision, they should submit a written appeal, setting out their complaint, the Managing Director’s decision and why this decision is not acceptable, to the Company’s legal department, which will then carry out its own thorough investigation, including, where necessary, arranging meetings with the parties, together or separately. Following the investigation, the legal department will provide its decision, in writing, to both parties. This decision is final.