X3 Consulting – Summary Terms and Conditions

  1. An initial payment equal to the software value or annual subscription value is payable with the order. All charges relating to the software element will be due upon delivery of the software. Delivery includes installation to a physical or virtual server, the supply of a valid licence, or a valid user login.
  2. The balance for services will be due on delivery of the service.
  3. All support fees will be invoiced at time of order and are due for payment on the earlier of the day of software delivery or 30 days from purchase date.
  4. Support is mandatory for the first year and is supplied in accordance with the X3 Consulting Ltd Standard Software Maintenance Agreement. A full copy is available on request.
  5. Each invoice will be payable on receipt. Invoice queries must be raised within 10 working days of receipt.
  6. All travelling and other necessary out of pocket expenses will be recharged at cost unless otherwise agreed inwriting. Mileage is recovered at 50p per mile.
  7. All software is supplied under license and on the same terms as those of the original supplier. X3 Consulting Ltd offer no warranty other than that given by the original supplier.
  8. All prices are shown exclusive of VAT and are valid for 30 days unless otherwise specified. Figures are provided E&OE
  9. Unless otherwise specified, service days (including data conversion) are estimated at this stage. The breakdown of service days is for illustration only and may vary on completion of a more detailed scoping report that will form the basis of ongoing project service delivery.

10.Unless agreed otherwise additional services will be billed at the standard X3 Consulting Ltd daily rate.
11.In the event of cancellation by the Customer of scheduled service days, X3 Consulting Ltd reserves the right to make a cancellation charge in line with the table below. Cancellation must be in writing and be acknowledged to have effect.

Cancellation Notice Fee

a. 28 calendar days or more Nil

b. 14 -27 calendar 25%

c. 8-13 calendardays 50%

d. 7 calendar days or less 100%

12. X3 Consulting Ltd reserves the right to cancel or postpone any service days but will not accept any liability arising there from. A service day will entail 8 hours including an hour for lunch. The customer shall be responsible for ensuring free access to any premises for the services to be delivered. A half day is 3 hours onsite. Any work undertaken over the weekend or bank holidays will be classed as overtime and is charged at two times the standard rate.

13. Training is assumed to be provided on a train the trainer basis with a maximum of three attendees, or six attendees if a classroom environment can be provided. Charges for training do not include the supply of written materials, or tailored training plans for which pricing can be obtained on request.

14. Title of all goods supplied remains with X3 Consulting Ltd until all outstanding payments have been made in full.

15. Any accepted order may only be cancelled with X3 Consulting’s written consent and on the terms that the customer will indemnify X3 Consulting Ltd in full against all loss of profit, costs and expenses resulting from such cancellation.

16. Any quantity or other discount given by X3 Consulting Ltd at the point of order may be removed if the subsequent order quantity or value is reduced.

17. Any development/bespoke work will be subject to an agreed detailed written specification. The customer has the responsibility to check and sign any such specification and ensure amendments are countersigned. Costs can vary from any estimates given. No source code is provided under this agreement. Development support will commence from delivery to site which will include delivery for user acceptance testing. Full payment will be due no later than 30 days from delivery. Live use of any software under this section shall be deemed as full acceptance.

18. The customer consents to reasonable marketing by X3 Consulting Ltd, for the purposes of attracting new customers, of the customer’s use of any products or services as sold.

19. This agreement shall be construed in accordance with the laws of England and Wales.

Note: these are a summarised statement of the full trading terms and conditions which apply. A copy of these terms and conditions will be supplied as a separate document.

This document represents a Proposal for the purposes of the full trading terms and conditions.