This document defines the terms and conditions to be applied to all quotes, contracts and invoices relating to business relationships with HavePC.com further referred to simply as ‘HavePC’ in this document for brevity.
The other party, having requested a solution to a problem is hereafter referred to as ‘The Client’.
The portion of work as agreed in the initial quotation shall be referred to as ‘The Project’ hereafter.
Terms Of Engagement
A project quotation is a high level description of the work and resources required by HavePC in order to produce a desired solution for the client.
A quote will be freely produced to enable a client to decide whether or not to proceed with a project as defined within that quote. In addition a single meeting will be provided free of charge to evaluate the project requirements and produce the quotation.
Quotes are time sensitive and valid for only 30 calendar days from the day of issue. Following 30 calendar days from submission the quote must be re-evaluated due to potential changes in costs, possibly incurring additional costs for their preparation.
A quote accepted more than 30 days from submission must be re-evaluated before acceptance.
A quote is the definition of an initial appraisal of the problem and potential solution and therefore open to discussion until it is accepted in writing whether physical or electronic.
A quote represents time, effort and intellectual property of HavePC. Presentation of the contents of this document to a competitor, defined as another company offering similar services to the same Client and for the same Project is strictly prohibited and under such circumstances the client will be liable for both the costs of the time required for preparation of the Quote in addition to any additional time required for communication by any media and the project meeting themselves at the standard hourly rate of work for HavePC plus any applicable taxes. Such payments to be made within 30 days of the incident being realized by HavePC and following the standard terms of payment including additional charges for late payment.
Deposits, Invoicing and Payments
Prior to any work commencing 50% of development costs and 100% of hardware or purchase costs such as subscriptions or licensing charges must be confirmed as being received in the business account of HavePC.
Without receipt of such payment, work will not proceed even if the date of receipt falls beyond any dates agreed for the commencement of said project. Also, previously agreed deadlines for a project will be moved in accordance with the delay in the receipt of payment.
Invoices will be provided by E-Mail unless requested specifically by the the Client by Post where printed copies will be provided at the expense of the Client.
All information required for the provision of a legitimate invoice will be requested and must be provided in a timely fashion prior to the submission of the first invoice.
Delays in payment caused by the provision of incorrect information or the failure to provide correct information may result in additional costs due to late payment at the discretion of HavePC.
Late payment is defined as the requested funds not arriving in the business account of HavePC within 30 calendar days of the invoice submission date and consists of an additional 10% of the value of the invoice in question.
Invoices prepared as a result of non-payment are required to be paid immediately. Should the payment for such invoices not be in the registered account of HavePC within 2 working days, then an additional invoice of 100% shall be submitted and if in addition it should not be paid, then the account shall be passed immediately to the selected credit collection agency in addition to 100% of the original value of the invoice.
The period of payment is determined by the nature of payment.
Deposits are to be sent immediately on receipt of invoice. Receipt of invoice to be determined by confirmation by communication whether physical or electronic and is determined as being the responsibility of the sender of the request, in this case determined as a representative of HavePC.
Expenses for Hardware are to be received within the standard period of 30 calendar days from the submission of the invoice, but with the acknowledgement by the Client that such hardware will not be ordered until sufficient funds are received in the business accounts of HavePC to cover the cost of the requested hardware.
Expenses for Services already supplied require payment to be received in the business account of HavePC within 30 calendar days from the confirmed receipt of invoice.
Payment received in the business account of HavePC beyond 30 calendar days through no fault of HavePC, will carry an additional charge of 10% to be invoiced and payable immediately on receipt of invoice.
After 60 days legal action to recover payment will be taken, involving legal court or credit collection service and the client will be liable for any legal charges, interests, and collection fees.
The only exception to these rules applies in the case of domain registration or hosting. In this case the Client will be invoiced 30 days prior to the expiration of the domain registration or hosting.
For domain registration, if payment is not received before the domain expires, the domain will not be renewed and the Client will take the risk of losing the domain as it will need to bee renewed within the grace period determined by the domain registrar.
In the case of hosting. Should no payment be received. All services will be discontinued 5 days following the renewal date. 10 days following the renewal date all information will be destroyed permanently.
In all cases personal contact and an explanation of circumstances may be used to leverage understanding and alternative arrangements.
Hardware requested from HavePC by a Client will be provided by the supplier deemed best suited for price and quality by HavePC.
HavePC is not liable for delays in the delivery of products due to circumstances beyond the control of HavePC such as lack of stock or failed delivery.
Any communication by Phone, Interactive Instant Messaging or Electronic means other than that required for the transfer or discussion of information determined as a project requirement shall be charged at the standard hourly rate of HavePC in 15 minute increments.
Regarding ongoing support such as small enhancements or changes, HavePC shall make available to the best of its ability a representative capable of providing such services at the standard hourly rate of HavePC plus applicable taxes.
Unscheduled visits to provide emergency support relating to any aspects of Products provided by HavePC or to provide any service for which HavePC provides support shall incur an additional Call Out fee consisting of one additional hour plus local taxes at the standard hourly rate of HavePC unless the call out falls within an out of hours, weekend period, in which case the additional hour is charged as defined below regarding out of hours callouts.
Callouts out of hours, i.e. outside the hours as published on the HavePC site shall be charged at 1.5 times the standard rate, with the exception of Public Holidays in US, or weekends which will be charged at double the normal rate as calculated after applying any discounts unless overridden in writing whether physical or electronic by an authorized representative of HavePC.
Any project developed by HavePC will include a single occasion with one or more representatives of the Client to be trained simultaneously without individual attention representing the characteristics of the product created by HavePC as result of the agreed Project for no cost.
If additional tuition or tuition for groups with individual attention is required, such training will be provided by prior agreement at the standard HavePC hourly rate plus applicable taxes to be paid within 30 calendar days of invoice submission.
Commencement Of Development
Normally a project shall commence on receipt of initial deposit or superseding that a suitable date as agreed on acceptance of the initial Quote.
By accepting the Quote, the client understands that the time laid out in the quote does not mean exclusive time assigned to the project, as representatives of HavePC perform many duties in their line of work and they may be required to perform duties outside the realms of the Project.
In addition should a project run over its expected development time due to circumstances beyond the control of representatives of HavePC, due to incorrect information or failure to provide information requested in a timely fashion by representatives of HavePC, where such development then clashes with development scheduled for another project, the priority is for the previously scheduled project, and therefore such work required for the overdue project will be performed once work for the previously scheduled project has been completed. HavePC is not liable or responsible for this additional delay in development as HavePC schedules its development based on its Clients complying with the requirements as laid out and accepted in the initial Project Quote.
Therefore the hours of work defined in the Quote represent raw man hours of development which may be interspersed by other duties. The final binding deadline of the Project is the date by which the project will be completed unless delayed by circumstances beyond the control of HavePC or as a result of the Client not complying with the requirements as laid out in the Quote.
All projects will be prioritized in order of receipt of final deposits taking into account any deadlines specifically defined in the Quote itself. The judgment of HavePC or a representative responsible for such judgment is final in this case, as such an individual will have access to scheduling information required to make such a decision based on project size, resource requirements and so forth in addition to final deadline and resourcing information.
Unfortunately, a project whose position would be prioritized based on these factors, where the payment of the deposit is delayed and falls beyond another project may be delayed depending on the overall workload of available developers representing HavePC.
Provision Of Information
An integral part of any Information Technology project is the information required for its completion. The initial project Quote will define the format and content of such required information in order to complete the project in a timely fashion.
If such information is not provided in either a timely fashion or in a format requiring additional work, HavePC will not be held accountable for such delays and any additional work required to reformat or collate unsuitable information will be billed at the standard HavePC rate plus applicable taxes and in addition such work shall be invoiced for immediately.
Indecision or Change Of Heart
Assuming that a project Quote has been presented and accepted in writing, physically or electronically, and confirmed either directly or indirectly by an Agent acting on the behalf of the Client in any written form either physical or electronic where such confirmation can be reproduced, and the Client has a change of heart or decision to change the bounds of the Quote, all further Communication, Discussion, Meetings or Document changes are to be charged at the standard hourly rate of HavePC plus applicable taxes and invoiced immediately.
Assuming that no money has changed hands and the effort of a representative of HavePC has shown full capability in drafting a development plan, then should the potential client decide to work with another company the entire costs of meetings and contract preparation shall lie with the client, and be chargeable immediately for the full number of hours of effort to be paid on invoice.
Customer acknowledges that Developer owns or holds a license to use and sublicense various preexisting development tools, routines, subroutines and other programs, data and materials that Developer may include in the Software developed under the signed and witnessed Project Development Contract.
This material shall be referred to as “Background Technology.” Developer’s Background Technology includes preexisting frameworks and libraries developed prior to the project in question.
The Developer retains all right, title and interest, including all copyright, patent rights and trade secret rights in the Background Technology. Subject to full payment of the consulting fees due under the Project Development Contract, Developer grants Customer a nonexclusive, perpetual worldwide license to use the Background Technology in the Software developed for and delivered to Customer under the Agreement, and all updates and revisions thereto.
However, Customer shall make no other commercial use of the Background Technology without Developer’s written consent
Access Of Information
This document is provided freely and publicly, available to all in order to govern the process of initiating any and all Projects to be undertaken with HavePC. It is the responsibility of any potential Client of HavePC to read and understand these Terms and Conditions before entering into any Business Arrangements with HavePC.