These pertain to our consulting services NOT our applications.
All DevOps, Development and Support (“Projects”) invoices are to be paid on terms agreed with Customer. We usually ask for an up-front payment which depends on Project size, with total number of days worked in any month invoiced at the end of each month, on Net 4 week terms, minus the up-front amount paid. Longer projects may also include milestone payments as agreed with Customer. Most Projects don’t require an agreement and/or contract being in place a PO is sufficient to start development.
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 2 weeks past due.
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 said Customer and Customer remains 60 days past due Customer acknowledges that FuzZy may seek to work directly with that Customer’s client without any compensation and/or commission due to Customer. Any outstanding invoices will be still 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 the delivery date. FuzZy does provide 4 weeks technical support to resolve any critical issues and/or bug fixes (“Included Support”). If a Project is terminated early for what ever reason then Customer acknowledges that the 4 weeks technical support is also terminated. FuzZy can not support code which was not completed and/or was subsequently worked on by themselves and/or a third party.
After the “normal” 4 weeks 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 scheduling 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.
Included or Annual Support provided is 3rd line (tier) support, which does not include any end user support and/or any new development. The 4 weeks Included Support starts from the delivery date of Digital Services and is only available to Customer not to Customer’s clients / end users.
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 can be supported. Significant modifications to the Project so that it comes compatible with newer OSs, programming tools and services and/or Internet browser compatibility is new development. This includes but is not limited to: WordPress plugin changes and hosting environments. FuzZy will provide estimates and time availability to make said modifications. Customer is not obligated to use the services of FuzZy, they may engage with any other company to make changes. Customer acknowledges that if the modifications are not made then their Project may lose functionality and could become unusable. Minor modifications to the Project are considered covered under Annual Support.
Annual Support provides:
Monitoring of Services
(For WordPress this includes: theme and plugin updates)
(For back end services this includes minor changes to programming tools and development environments and minor tweaks to the Project)
Access to priority scheduling of new development
24 Hour response time
If more than 4 weeks has lapsed from a Project’s delivery date FuzZy is under no obligation to provide Annual Support, even if an offer of Annual Support had been previously extended to Customer
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 the Project(s) and/or provide any Support services. Services (development and/or Support) 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 development 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 2 weeks notice. Any un-invoiced 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, Projects, are not something that be be taken back like a physical purchase of a washing machine, no refunds are granted to Customers. FuzZy provides no warranty and all and any Projects 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 features and/or functionality.
Either party can only recover from the other party only direct receipt-able damages up to a cumulative amount of 5% of any monies received from the other party with respect to a singular particular Project.