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.
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
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
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
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
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
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
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
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.