consulting t & cs
Terms and Conditions
These pertain to our consulting Digital Services
All Devops, Website and Support (“Digital Services”) invoices are to be paid on terms previously agreed with Customer. The norm is usually an upfront payment with time being billed at the end of each month for work conducted in that month on Net 30 day terms less any upfront paid on account.
Invoices paid late will accrue fees: firstly a one off late payment fee of £25, irrespective of the amount owed and secondly interest. Interest will be levied on late payments at 8% above the Bank of England’s base rate and will be invoiced separately. Notices and demands of which will be sent after any invoice is more than 10 days past due and interest will accrue from the original due date.
FuzZy reserves the right to change its terms for any particular Customer if payments have been consistently late. At which point future invoices will be invoiced on fewer day terms. If work performed was for a client of a Customer and Customer remains 60 days past due Customer acknowledges that FuzZy may seek to work directly with Customer’s client without any compensation and/or commission due to Customer. Any outstanding invoices are still be due and FuzZy will seek to collect this through the normal legal channels available.
Deliverables and Support
As FuzZy works on a work for hire basis all development is warranted until up and including the delivery date. FuzZy provides 30 days technical support to resolve any critical issues and/or bug fixes (“Included Support”). If a project is terminated early then Customer acknowledges that the 30 days technical support is also terminated. We can not be expected to support code which was not completed and/or was subsequently worked on by a third party.
After the “normal” 30 days Included Support has ended Customer can elect Annual Support which is a billable service. Whilst under Annual Support Customers will have access to priority new development and guaranteed Support response and resolution times.
Included Support does not have any guaranteed response and/or resolution times. To get guaranteed resolution and response times customers need to upgrade to Annual Support, which is a billable service.
FuzZy Support (Included or Annual) is 3rd line (tier) support , which does not include any end user support and/or any new development. The 30 days Included Support starts from the delivery date of Digital Services and is only available to Customer not to Customers clients .
FuzZy Support (Included and/ or Annual Support) is only available for working on digital devices, operating systems (firmware) and web browsers that have a 80% market share; ie no legacy devices and/or old OSs will be supported.
If more than 30 days has lapsed from Digital Services delivery date FuzZy is under no obligation to provide Annual Support, even if an offer of Annual Support had been previously extended to customer. Annual Support terms, conditions and pricing are at the sole discretion of FuzZy.
No support during late payments
Should a Customer be late on any payments for whatever reason, FuzZy is within its right to withhold future deliverables of associated releases of Digital Services and/or provide any Support services. Services will resume once Customer is up to date on its payments to FuzZy.
Work performed is on a work for hire basis; all customer related code is assigned to customer. FuzZy retains know how rights and/or knowledge so that it can gain other work, employment and/or further development of it’s own software, websites and/or apps etc.
These Terms and Conditions may change from time to time without prior notice being given. FuzZy has the right to withdraw its services from any project with 15 days notice. Any uninvoiced time is still billable by FuzZy to Customer.
Quotations for new work
All quotations are valid for 60 days unless extended at the sole discretion of FuzZy.
Refunds, Indemnity and Warranty
As Digital Services is not something that be be taken back like a physical purchase of a washing machine, no refunds are granted to clients. FuzZy provides no warranty and any Digital Services are provided on an “as is” basis with no fitness of merchant-ability expressed and/or implied. Work is performed on a work for hire basis, therefore Customers are paying for time not for specific Digital Services features and/or functionality.
Either party can only recover from the other party only direct receiptable damages up to a cumulative amount of 5% of any monies received from the other party with respect to a single particular project.