TERMS OF SERVICE FOR TSM ON-PREMISE
• Errors & Omissions Excluded.
• Any disputes must be notified in writing to TSM within 7 days of the incident date.
• Orders received by TSM cannot be cancelled or varied without TSM’s written consent and unused goods or services are non-refundable.
• Backups and other usual system housekeeping are the responsibility of the Customer.
• Any program modifications, scripting, additional training requirements or additional licenses not explicitly included in this proposal will be quoted for separately from this proposal.
• TSM makes no representations that goods or services are suitable for your Company, nor to any particular system performance. It is the Customer’s responsibility to determine whether Goods & Services proposed and sold are appropriate for their Company’s needs.
• The Customer accepts license and warranty terms of any third-party goods supplied. TSM does not directly warrant any third-party goods supplied.
• Except, as expressly provided, TSM accepts no liability whatsoever. In the event that TSM is found liable, the liability shall not exceed the original cost of the TSM software license fees.
• TSM retains ownership of intellectual property for any enhancements or modifications provided.
• This Contract is governed by the laws of Australia in the state of New South Wales.
Software Upgrade Subscription
• Software Upgrade Subscription (Annual Maintenance) entitles the customer to receive all minor updates and any major upgrades and support within the registered period for TSM products previously purchased.
• Software Upgrade Subscription does not include fees for other services unless specified in writing.
• We reserve the right to review the Software Upgrade Subscription charges from time to time.
Software Upgrade Subscription Renewals
• Renewal of expired Software Upgrade Subscription will be backdated to the end of the previously held Software Upgrade Subscription expiry date and calculated to the due date and will be based on the Software Upgrade Subscription fee at the time of renewal.
o Renewal of Software Upgrade Subscription later than 6 months from the previous expiry date may incur a 25% fee above the value of the Software Upgrade Subscription renewal calculated.
Deactivating purchased licenses
• Unused TSM licenses can be deactivated to reduce future Software Upgrade Subscription costs.
• Deactivated licenses are forfeited and will require re-purchase if required in the future.
• Deactivation of licenses does not entitle you to a refund of any Software Upgrade
Subscription already paid.
• Deactivating licenses will require your TSM to be re registered.
• The professional services daily rate applies to a seven (7)-hour normal working day plus 1 hour for breaks, Monday to Friday between the hours of 9.00 am and 5:00 pm.
• The professional services half daily rate applies to a three and half (3.5) hour working period, Monday to Friday.
• A surcharge may be applied for work outside normal working hours.
• Additional travel costs may apply outside Capital City Metropolitan areas.
• Travel & accommodation costs, if required, are always the responsibility of the customer, even when not included on the proposal.
• Full payment is required no later than 7 days prior to the installation / services date otherwise the installation services may need to be rescheduled.
• Where the estimated installation date is greater than 30 days from the order date, a 20% deposit will be required upon placement of order to secure the date.
• Cancellation policy:
o Cancellation of services on the day may incur a 100% cancellation fee plus any travel and accommodation costs incurred.
o Cancellation of service with less than 48 hours notice attracts a cancellation fee of 50% of the quoted services plus any travel and accommodation costs incurred.
• Support does not include programming work, on-site visits or training.
• We reserve the right to change support charges from time to time.
• Unless explicitly included in your Software Upgrade Subscription, you agree to pay TSM the hourly rate for all support services provided.