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STANDARD TERMS AND CONDITIONS OF SALE FOR PREVISION SYSTEMS LTD


  1. The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
  2. Our invoices are payable within 30 days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, Prevision Systems Ltd reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. The Company will be authorized to suspend any provision of services without prior warning in the event of late payment.
  3. If a payment is still outstanding more than sixty (60) days after the due payment date, this Company reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
  4. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can this Company become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to this Company in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
  5. My Company undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. This Company cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
  6. In order for it to be admissible, This Company must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
  7. All our contractual relations will be governed exclusively by United Kingdom law.
  8. Licenses will normally be issued with 5 working days of receipt of the Purchase Order.
  9. Prices shall be exclusive of all taxes and duties of any kind (including sales, excise or use tax, taxes in lieu thereof, or any other taxes or surcharges which may apply and any interest and penalties) which shall be borne and paid by Customer. If any such tax or duty has to be withheld or deducted from any payment under this proposal, Customer shall gross-up the payment under this proposal by such amount to ensure that after such withholding or deduction, Prevision Systems shall receive a net amount equal to the full amount of the relevant price had payment not been subject to tax withholding.

  10. Unless otherwise indicated in the Purchase Order or agreed in writing by Prevision Systems and Customer.

    1. Any subscription start date shall be the date of acceptance of this offer. 
    2. Support and Maintenance agreements for Perpetual licenses will be invoiced annually. 
    3. Subscription licenses include Maintenance and Support for the subscription period.

  11. Canary Licenses: 

    1. Unless otherwise indicated in the Purchase Order or agreed in writing by Prevision Systems and Customer, Customer shall be invoiced annually 1 month before renewal date for the subscription Fee upon acceptance of this proposal.

  12. Auvesy Licenses: 

    1. Unless otherwise indicated in the Purchase Order or agreed in writing by Prevision Systems and Customer, Customer shall be invoiced quarterly upfront for the subscription Fee´s and for all other fees upon acceptance of this proposal. 
    2. Remuneration (basic flat rate): For the provision, maintenance and support of the data management solution the contracting party pays a monthly fee in the subscription amount listed above to AUVESY for the number of instances listed above (basic flat rate). In case of change of the volume used by the contracting party in the current calendar quarter, the basic flat rate increases automatically according to Annex A, clause A4 and A5 in connection with Annex B for the respective subsequent calendar quarter. 
    3. The remuneration for additional services shall be determined by clause 6. 
    4. Except for Pilot Installations, this contract becomes effective upon signature by both parties and has a minimum contract period of two years. After expiry of the minimum contract period, this contract shall be automatically extended by 1 year (12 month), unless the contract is terminated by either party with due notice 3 month before expiry of the minimum contract period: the provision shall apply accordingly to the expiry of the respective extension period. The right to terminate without notice for good cause remains unaffected. In any case the termination must be in writing.