||the person or organisation making the purchase, can be either a Reseller or an End User
||the person or organisation installing or using the Product
||the software product and any activation keys needed to enable the software, including add-on keys enabling additional functionality
||the Sawmill product tier: Lite, Professional or Enterprise
||the original author or manufacturer of the software or the current owner or his agent
||all work considered by the Supplier to be over and above its commitments to provide Technical Support as defined herein
||the person or organisation purchasing the Product to sell on to a user
General these Terms & Conditions of Sale apply to all purchases of Product by Customer including online purchases on Supplier's web site. Supplier only does business under these Terms & Conditions of Sale . Any modifications to these Terms & Conditions of Sale must be negotiated with Supplier prior to purchase and must be confirmed in writing. This document is not the End User License referred to herein. Said document may be found within the Product or can be supplied by the Supplier on request
Published Specification The published specification and functionality of the Product may vary from time to time as a result of ongoing development, product enhancement, and bug fixes
Bugs in Products a bug in the software at time of delivery will be corrected under warranty and not a reason for rejection of the Product provided the bug is not considered a critical fault by Supplier's engineers causing loss of data or crashing of the software. Under normal circumstances bugs will be fixed in the next release of the software.
Meets Requirements Customer is exclusively responsible for deciding if the Product meets his requirements. If the Customer is a Reseller then Reseller is responsible for ensuring the Product meets the needs and requirements of his customer, the User. Product downloads are always available at no cost for this purpose allowing full and unlimited use of the product for a limited period of time.
License to use the Product In purchasing a copy of the Product the User has purchased a license to load run and display a single copy of the software on a single computer in accordance with the End User License contained within the Product, or as shipped with the Product.
Reseller Obligations If you are a Reseller of the Product you must pass the Product directly to your Customer and destroy all copies in your possession. If you install or use the Product then you become a User of the Product and must abide fully by the End User License in addition to these Terms and Conditions of Sale. If you decide to use the Product then you must purchase your own copy of the Product
Ownership of Product Ownership and all intellectual property rights remain at all times with the Author of the Product, including any modifications or enhancements introduced by the Customer or the User
Title to License Title to the license and the right to use the Product do not pass to the Customer or the User until payment has been received in full by Supplier
License Assignment As a User of the Product you may assign the license to another person or organisation provided you delete all copies of Product from your own computer(s) and provided you also inform Supplier of the assignment of the license and the details of the new license holder within 7 days of said assignment. You must use your best endeavours to ensure the new License holder receives the End User License and understands his obligations and rights under said License.
Revocation of License Supplier reserves the right to revoke the Customer's License to use the Product for material breach of these conditions or any of the conditions contained within the End User License
Customer's Orders Online purchases and purchase orders received by fax or mail are considered official purchase orders of the individual or the company or organisation the individual represents. Supplier is not obliged to accept Customer orders or offer credit terms.
Prices List Prices for the Products are as published on Supplier's web site and do not include taxes.
Taxes in the absence of a valid VAT number all European sales will have VAT added to the Invoice at the prevailing rate. Sales outside of the European Union will have taxes added according to instructions received from the appropriately empowered body governing such sales.
Payment Online purchases are remitted online by the Customer using an approved credit card or payment card. We also accept prior payment by bank transfer, cheque, credit card or cash. Goods bought on credit, if credit is granted, must be paid for within 30 days of our Invoice date.
Interest will be charged at 1.5% per month over and above the standard deposit rate of the National Westminster Bank in London on all outstanding amounts. Said interest will be charged in whole months rounded up from the date the debt first became overdue.
Delivery of Product Products are delivered electronically at no cost to Customer. Products delivered by post, delivery company or courier will attract a delivery charge which will be passed onto the Customer.
User Manual or Documentation if supplied by the Author user documentation will be contained within the Product
Product Returns Within 30 days following delivery User may return the Product for any reason whatsoever for a full refund less a nominal administration fee. If you return the product with the active involvement and agreement of our support engineers then the administration fee may be waived at our sole discretion in the event a verifiable problem in the software exists warranting a full refund. Return rights as defined herein do not apply to the purchase of additional activation keys for existing licensed Products
Warranty All our goods are sold to you with the benefit of the Author's warranty.
Technical Support All Users of the Product are entitled to Standard Support which includes access to Supplier's support engineers by email to email@example.com . Please register first: http://dev.sawmill.co.uk before sending emails to support. Emails requesting support must contain a full description of the problem or suspected bug. Users of the Product may also access the Supplier's or the Author's Support Forum if available for technical help and guidance from other Users of the Product and to share their experiences. Users relying on Standard Support may be charged for Updates to the Product
Premium Care Support Customers purchasing Premium Care support will be entitled to additional support services as follows: i) in addition to email support Customers with Premium Care will be able to telephone our support engineers for assistance when reporting a suspected bug in the software, and ii) Customers with Premium Care will receive all updates, minor and major, that are released by the Supplier for that Edition of the Software. Premium Care is an optional renewable annual fee.
Consultancy Unless some other agreement or understanding is confirmed and agreed to in writing by both parties all consultancy work will be undertaken by the Supplier in good faith and on a best efforts basis only, whether the consultancy work is paid or otherwise, and irrespective of where the consultancy work is carried out.
Limited Liability We do not accept liability for claims concerning Products as to their quality fitness for purpose or otherwise except for death or personal injury caused by our negligence. We do not accept liability for indirect or consequential losses or loss of profits howsoever caused. We exclude any warranties in respect of the goods express or implied by statute, common law or of any other kind.
Data Privacy Supplier collects data on all Customers and on all visitors to our web site who have downloaded the Product and we hold that data securely and privately on our servers. We do not share your data with any third party organisations or individuals other than our partners and resellers who have an active and direct interest in ensuring our customers are kept up to date with new product announcements and releases etc. Supplier will take all reasonable steps to ensure said partners and resellers who may receive your data hold your data to the same levels of security and privacy as the Supplier. Unless instructed by you to the contrary Supplier may list your name as a User of the Product on its web site and other marketing materials. Your contact details will not be included in any such listing.
Supplier Details Visidata Limited is an independent company acting as the agent and/or distributor of the Product. Supplier may be contacted at the following:
sales tel: +44 (0) 845 250 4470
sales fax: +44 (0) 845 250 4471
sales email: firstname.lastname@example.org
support email: email@example.com
support helpdesk: www.sawmill.co.uk/support/