Synergy Group... Terms and Conditions
Synergy Group Solutions Terms and Conditions
The terms set out herein apply to the supply by Synergy Group Solutions Ltd. (Synergy) of services to the Client and form part of the agreement between Synergy and the Client relating to such supply, unless overridden by agreement between Synergy and the Client.
PLEASE NOTE: Our Terms & Conditions of service are subject to UK law only. Clients based outside the UK will be subject to this for everything Synergy provides.
The client warrants that they are able to enter into this agreement and perform the obligations set out herein. Synergy cannot warrant that its hardware or software (Technology) will be free from fault or error but shall use all reasonable endeavours to rectify any fault or errors as soon as possible following detection.
Rates are applicable to grades as shown and are based on a normal working week. Rates quoted exclude expenses and VAT.
Synergy may charge interest of 4% per annum over Bank base rate from time to time on any outstanding invoiced sum not paid when due in line with UK and EEC Legislation. See www.payontime.co.uk for details. All invoices for Synergy products and services are usually paid for in two installments, 40% on acceptance of the order with the remaining 60% on completion of the work. Support and Maintenance are billed separately. (Synergy reserve the right to change the payments terms from time to time)
Synergy assigns personnel on the basis of the Clients’ requirements, as notified to Synergy. The personnel supplied by Synergy will use due care and skill in accordance with their levels of experience and qualification while carrying out their duties for the Client. The only warranties given by Synergy are those that are expressly stated in these Standard Terms. Any other warranties or conditions implied by law or otherwise are excluded to the extent permitted by law.
Except in relation to any claim for death or personal injury arising from the negligence of Synergy, the liability of Synergy to the Client in connection with the supply of its services in any one year, shall be limited to the total fees payable by the Client to Synergy for the supply of such services during that year, reduced pro rata for periods of less than a year (and “year” means the year starting on the date when the services were made available to the Client, and subsequent years starting on anniversaries of that date).
The Client shall not be entitled to any compensation for any claim against Synergy (save for any claim for death or personal injury arising from the negligence of Synergy) unless the claim was made:
Within 21 days of the Client having become aware of the reason for the claim.
Neither the Client nor Synergy shall be liable to the other party for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss (including without limitation, loss of goods/property and/or data).
If any part or provision of these Standard Terms is prohibited or rendered invalid or unenforceable by any law or rule, such part or provision shall be of no further force, but this shall not affect the validity or enforce any other part or provision of these Standard Terms.
Neither party shall be liable for failing to fulfil its obligations to the other to this extent that this results from any cause beyond its reasonable control. The party affected shall notify the other party in writing of the circumstances as soon as reasonably possible after they have occurred.
Should the Client recruit a Synergy employee who has worked on behalf of Synergy for the Client within one year of the employee working for the Client, the Client will forthwith pay to Synergy twelve weeks’ fees as a recruitment charge at the rate being the full rate schedule of the employee charged by Synergy to the Client for the said employee (‘recruit’ means hire or engage permanently, on direct or indirect contract, or on any basis whatsoever).
Copyright and other intellectual property rights in all work carried out on the Client’s behalf shall be the property of Synergy, including copyright and other intellectual property rights in both original and amended systems, programs and specifications.
If the Client identifies any information as confidential when disclosing it to the personnel supplied by Synergy, such personnel shall not, without the Clients agreement, disclose such information to any person except to the extent necessary to enable the personnel to perform their services for the Client. Information which is publicly available or available from sources other than the Client or Synergy (except due to breach of this term) shall not be treated as confidential.
Acceptable Use Policy. In exceptional circumstances, Synergy may cancel or suspend services to the client. Exceptional circumstances include, but are not limited to, the submission to Synergy of false or misleading information by the Client in an application; breach of this contract by the Client; situations where services rendered, in Synergys’ opinion, put Synergy in breach of statutory or regulatory obligations or the terms of any court order; or where continued services would conflict with Synergy’s policies. The Client indemnifies Synergy from any claims arising from the Clients’ own actions.