Terms and Conditions

Terms and Conditions

1) Definitions
“Services” means any software, goods and/or services provided by Results/Company as ordered by the Client. “Company” means Results Software. “Client” means the person, firm or company placing an order with the Company.

2) Application
These terms and conditions apply to any provision of services or materials by Company to the Client.

3) Formation of Contract
All Goods, licenses, Services, Subscriptions sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.

4) Quotations
The prices, quantities and delivery time stated in any quotation are binding on the Company only if accepted by the Client on or before the valid-through date on the quotation.

5) Orders
Orders will be deemed to have been placed when an email, fax, or written confirmation has been received from a member of the client company.

6) Right to Sub Contract
Unless otherwise agreed, the Company shall be entitled to sub-contract all or any part of the work.

7) Timetable
The Company will use its best efforts to supply the services or materials within the quoted time. Time sensitivity around any Company work for client should be communicated at the time of order of goods and/or services and may be subject to additional rates/charges.

8) Copyright
The Client acknowledges that the rights to the Services are owned by the Company and that the Services are protected by United States law, international treaty provisions and all other applicable national laws.

9) Payments
9.1a All invoices, requests for payment, and/or any other documentation issued by the Company requesting payment for services, labor and/or any other agreed upon work shall be paid by the Client upon receipt, unless otherwise agreed in writing by the Company. In the event of late or rejected payment, the Company will charge a fee of $35.00 per instance, or a 5% late fee, whichever is larger, on the amount in question from the due date until the date of payment.
9.1b Invoices unpaid for more than 15 days are subject to 3rd party collection wherein client will be responsible for all fees related to collection including but not limited to legal fees and fees paid to collection services seeking recovery of disputed amount.
9.2 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of start of contract and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
9.3 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed or addition to services ordered.

10) Cancellation
In view of the nature of the service, any order – once received by the Company – is not cancellable. Company Services are not refundable.

11) Delivery
Nature of delivery of services will be stated within contract/order/invoice with client and are subject to the aforementioned terms listed above.

12) Notice
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been delivered upon receipt.

13) Confidentiality
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.

14) Employment of Personnel
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Services.

15) Limitation of Liability
15.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Services nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Services. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
15.2 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Services.

16) Force Majeure
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company or its sub-contractors being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.

17) Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of laws principles thereof. All disputes arising under or relating to these Terms and Conditions shall be brought in the state and federal courts located in the Commonwealth of Virginia and each Party hereby agrees to submit to the jurisdiction of such courts

Note: Company reserves the right to amend the Terms and Conditions without notice.