Terms and Conditions - WiredContact
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Terms and Conditions

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WiredContact Terms and Conditions of supply

Use of this website is subject to the following terms of use:
The content of the pages of this website are for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information supplied for your particular requirement. It is for you to understand your requirements and to convey them to us and for both parties to agree the specific customisations required.

You are responsible for any issue outside of our control such as access to your data and the appropriately skilled staff within your company to enable us to complete the tasks for which we are retained. We charge for our time at the prevailing rates as set out in our offer to you.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Hosting
Hosting involves an initial 12 month agreement with notice thereafter being determined as set out below.

  • Six Months notice for quarterly billing
  • Annual billing requires 12 months notice

Any discounted contract value can be settled in lieu of notice

Our service is calculated on the number of licenses and charged quarterly in advance.

Rental Pricing
Rental pricing is only valid when hosted on our servers.

Security
Your data will be on a virtual server, this is how one of our typical clouds is structured:

Network Diagram

Access to our servers will only ever be granted to our staff whom are bound by strict terms and conditions.

Your passwords and your security
We strongly recommend you have in place a clear policy for passwords such as but not limited to:-
User login names can be altered by your administrator and users should change their passwords (access is via the “My Record” and the Mauve Padlock; passwords should be of a specific length with both upper and lower case characters and non standard characters such as !Exclamation marks! and ?Question marks? or &mpersands& as an example – the choice and control is yours. We do not recommend using your browser to cache passwords and when staff rotate be sure to change passwords at that time.

Standing Order or BACS
All Companies must have in place either a BACS payment or a standing order Get a copy of the standing order here If a standing order is not set-up then you remain liable for missed payments.

Invoices and Title to goods
Late Payments can result in services and support being suspended.

Suspension of service
If for some reason an account falls into arrears we may need to suspend the service, hosting fees will remain due whilst the account is inactive and a reconnection fee will be charged.

Annual Maintenance – Latest Version
The latest version is available to all Clients at a cost of £25.00 per named License and £50.00 per concurrent License. These are mandatory fees applying to both hosted and non-hosted clients. Rental clients do not pay these fees.

Annual Maintenance updates ensure your system works with the latest changes to server and client side technology. They also include new features and functionality that are released each month. We do not offer support to clients who do not conform to our annual update policy and will not be held liable for issues that may occur. In the case of multiple Licences bought at different times the maintenance is all due on the anniversary of the initial licence keys. It is only possible to upgrade all licenses at the same time regardless of the number of users you currently have.

New Features available within a new release may require customisation work to be implemented. The cost of deploying a new feature or learning how to deploy and use the new feature may involve support costs if users are unable to follow the instructions within the admin area.

Support and customisation
The rental/hosting fee covers the provision of hosting services and backups and of course response to reported issues accessing the system. Any issues caused by customisation or development not implemented by a member of the WiredContact support team will be charged for accordingly to our support charges. Access issues caused by factors not within our network infrastructure that require our support will be charged for based on our current support fees. Training is available as needed by separate arrangement.

Backups
Our standard policy for hourly backups on a rolling 7 days for your database, we operate a fair use policy see below. An extended backup service is available upon request to cover any length of time by prior arrangement and subject to additional charges. The charge is based on the amount of time taken to resolve your issues and will include any outstanding invoices.

Bespoke Development see also how to instruct bespoke development

THE PROJECT
WiredContact shall provide the Customer with software development services for the purpose of creating the Software and other deliverables as detailed in the Specification, in accordance with the terms and conditions of this Agreement. WiredContact shall provide to the Customer the deliverables when requested by the Customer subject to full payment having been received by WiredContact for the deliverables or part of the deliverables being provided.

Unless explicitly itemised in the Specification WiredContact shall not be responsible for any other services including without limitation hardware and software installation, systems integration, data conversion, data import and training.

For the avoidance of doubt, WiredContact shall not be responsible under any circumstances for backup and archiving of the Software or of any data used by the Software on computer equipment belonging to the Customer or the Customers appointed computer hosting supplier.

THE CUSTOMER’S OBLIGATIONS
The Customer shall:
Make available to WiredContact, free of charge, such computer facilities and resources, (including but not limited to unhindered access to the Specified Equipment including remotely for access at WiredContacts premises if requested by us), power and computer consumables and office and administrative resources as are reasonably necessary to enable WiredContact to carry out its obligations under this Agreement;

Make available suitably qualified employees as may be required for WiredContact to carry out its obligations under this Agreement and ensure that its employees and other independent contractors co-operate reasonably with WiredContact and its employees in carrying out the Project;

Promptly furnish WiredContact with such information and documents as it may reasonably request for the proper performance of its obligations under this Agreement;

Ensure that its representative is available as reasonably required by WiredContact; and :-
Use best endeavours to co-operate with and assist WiredContact to such extent as WiredContact may reasonably require to perform our obligations under this Agreement.

WiredContact reserves the right to initiate a Change Request if the project is delayed by the failure of the Customer to carry out its obligations under this Agreement or if the project is delayed by the acts or omissions of an employee, agent or third party supplier of the Customer or if the project is delayed by circumstances beyond the reasonable control of WiredContact.

It is hereby acknowledged that by legal precedent computer software inherently contains from time to time defects, faults and difficulties however well developed and supported and acceptance of Deliverables under this Agreement shall not be unreasonably withheld due to minor faults in the Software.

The Customer acknowledges that all and any Deliverables from WiredContact to the Customer or from a third party contracted by WiredContact in respect of this Agreement are of specific importance to WiredContact meeting the agreed schedule in the Project Plan and accepts full responsibility for any delay in accepting the Deliverables.

CHANGE CONTROL
If either party identifies a requirement for a change to the Specification or to the Software or Project Plan, a Change Request shall be sent to the other party detailing the change requirements. If sent by WiredContact, the Change Request shall state the effect such a change shall have on the Specification, the Project Plan and the Price.

If sent by the Customer, the receipt of the Change Request by WiredContact shall constitute a request to WiredContact to state in writing the effect such a change shall have on the Specification, the Project Plan and the Price.
WiredContact shall use all reasonable endeavours to supply the necessary details within ten working days from receipt of the Change Request or such other period as may be agreed.

Where a change to the Price is required, the rates used as the basis for the additional cost for the Change Request shall be the Rates as detailed in the Specification. The parties shall then decide whether or not to implement the change.

If WiredContact in its sole discretion deems that more than one working hour is required to investigate and estimate a Change Request initiated by the Customer then WiredContact reserves the right to produce a quotation for the investigation work for the Customers approval before commencing investigation work.

WiredContact shall not implement any changes to the Software specified in a Change Request unless the Change Request has been agreed by both of the Parties in writing or via our help desk system at https://support.wiredcontact.co.uk

If a Change Request is agreed in writing by both Parties, the change shall then be deemed to form part of the Specification, Software, Project Plan and Price for the purpose of the meaning of these terms in the Agreement.

ACCEPTANCE TESTS
It shall be the sole responsibility of the Customer to promptly execute the Acceptance Tests.

The Customer shall accept the Software immediately after the Software has passed the Acceptance Tests and shall confirm Acceptance without delay.

If the Software fails to pass the Acceptance Tests, repeat tests shall be carried out without delay following the release of corrected Software by WiredContact until the Software passes the Acceptance Tests.

If at any time the Customer or any of its appointed agents, contractors or customers under its authority shall commence Live Operational Use of the whole or any part of the Software then the Customer shall be deemed to have accepted the Software in its entirety.

If at any time the Customer shall distribute all or any part of the Software for commercial use by any of its staff, appointed agents, contractors or customers then the Customer shall be deemed to have accepted the Software in its entirety.

If following one month after the delivery of the Software, there are no unresolved fault reports logged by the Customer with WiredContact that evidence that the software does not pass the Acceptance Tests then the Customer shall be deemed to have accepted the Software in its entirety

It shall be the responsibility of the Customer to create suitable Acceptance Test scripts that accurately reflect the Specification and to provide suitable data for the Acceptance Tests. The scripts and data must be made available to WiredContact not less than one month prior to the expected commencement date of Acceptance Tests according to the Project Plan.

Fair use Policies

    • Email:
      We provide a browser based CRM solution. We are not providing a facility to send countless SPAM emails to addresses that are not verified or opted in. Any attempt to misuse the facility will result in a request to direct your email through another email server at an additional cost to yourselves. We will usually give 7 days notice and reserve the right to terminate email usage in the case of a serious breach. If your activities have resulted in our email servers being blacklisted there may be a charge for our time to resolve those issues.
    • Why Email is sometimes blocked

      • Our Mail servers are used by many clients, some companies for example Gmail will see multiple domains using the same mail server and make a judgement that can cause delays in email delivery. If you have your own dedicated email server we can direct your email through that mail server (we will need an authenticated account that allows a controlled relay) to improve delivery rates as will correct use of SPF and PTR records.

      • Can we use our own Email server?

        • Our email servers are offered without charge or an guarantee of delivery. Many of our Clients have their own email servers and it is common practice for us to direct your emails through to your own Mail server which we offer without a fee.

    • Bandwidth:
      FTP: We may offer defined FTP access on request, this is an additional service and is billable, payable annually in advance at the rate of £50.00 pounds per annum per account. FTP is provided to enable the transfer of documents to the library, and the updating of HTML layouts both of which are possible without FTP access. We are not offering mass storage or unlimited bandwidth, this service is ideal for uploading html files; bandwidth over 1gb a day would incur a fee of .50p per mb that exceeds 1gb.

      Email: Sending mass emails with large attachments could cause a bandwidth fee, it is better to place the large files on-line and put a link within your email template to allow the recipient to download the resource.

      Backups: Additional backups can be emailed to you, fees are agreed based upon frequency and size, fees are quarterly in advance.

    • Support Tickets:
      The Knowledge base is provided without charge, Support tickets (requests for support) must only be sent to support  at wiredcontact.co.uk they are not a substitute for training and as such a reasonable use would be one or two tickets a week.
      We reserve the option of requiring a Client to take training if we are bombarded with questions that could easily have been resolved with the free Knowledge base. Most Clients take at least an hours training.
    • Storage Volume and Volume of data:
      We provide a service to store a “reasonable” amount of data by way of attachments and library documents. We are not offering an unlimited amount of space. Reasonable is defined as 3gb per named license.

Confidential Information
Means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including.

  • For you, all information transmitted to or from, or stored on, your Hosted System and how your Company work.
  • For WiredContact, Your data, operating methodology, terms of service, product development plans and other proprietary information or technology we use to facilitate our service delivery.
  • Information that is marked or otherwise conspicuously designated as confidential such as software and code we use within our system or development work we undertake on behalf of a Client that is independently developed by us, without reference to the others Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be Confidential Information? of the other party.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without our prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

Invoices and Title to goods
We invoice on 14 day terms – our terms prevail, title to goods including licenses, layouts and customisation shall remain ours until invoices are settled in full. Evaluation licenses are used until invoices are settled until an established trading relationship exists.

Charges for late payment – Statutory acts
Rates for calculating interest are fixed for six-month periods. The Bank of England base rate on 31 December is used as the reference rate for debts becoming overdue between 1 January and 30 June of the following year. The rate in force on 30 June is used from 1 July to 31 December.
We charge 8% above the reference rate for late payments

Third party fees
In the event of a debt collection agency being instructed then Third party fees will be recoverable in addition to charges for late payments.

WiredContact UK marketing campaigns
From time to time we send out marketing emails with special offers, these offers are restricted by terms.

  • Discounted hosting is only available to clients paying 12 months in advance.
  • Free database conversions only apply to the time the data is being extracted from a system to WiredContact, not the setup or configuration and time required to achieve the process.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions which we may periodically change, buying licenses or using our Services or systems is deemed to be acceptance of our Terms and Conditions.

Copyright and Trademarks
We recognise all trademarks as belonging to their respective owners such as Microsoft © Outlook © Exchange Server © Sage © ACT! © etc

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