By using our software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly terminate the use of the software within 30 days.
The software service always refers to all of the program levels/modules of the software program. Additional service of the same program level of the software that are purchased at a later stage are automatically included in the existing Agreement at the corresponding fee rate.
Scope of Service
- The software service shall update the software to the latest released version.
- The software service covers:
– The electronic delivery of updates, i.e. program changes within a program level of the software program to a higher version of the program, where delivery is made by activation: the Provider makes the updates available in a network and notifies the customer.
– The ability to access updated component, i.e. updated modules for the software.
– Responding to general questions regarding delivery and activation of the software program and updates.
– If there are changes to the legal rules and standards that are of importance to the software program referred to in § 1, the Provider is not obligated to provide such updates.
- The software service does not cover:
– the purchase of upgrades or additional modules.
– the installation of updates, upgrades and new software.
– The removal of defects to the software programs outside of defect claims in respect of updates and component data according to § 3.
– Training as well as special consulting for questions and problems in respect of the use of the software programs named in § 1.
– Annual Subscription which price can change with/without notice to the customer.
– Upgrades and additional modules as well as the service hotline can be ordered at the list price as part of a separate agreement.
Rights of Use, Defect Claims, Maintenance Customer’s Obligations
For the contractual services, particularly for the right of use of updates for the respective defect claims, the general terms and conditions of Nathconcept Limited, as of September 2010, applies. These can be found on http://www.nathconcept.com/rightofuse. We would be pleased to send you a copy of these on request. The Customer will assist the Provider in fulfilling the services contained in the Agreement at their own expense; for example, the Provider should be informed immediately by telephone, or by any another suitable means, of any defects in the updates.
- The annual service fee is the current list price for each software program, plus the legally applicable value added tax (you will find the current price lists on http://www.nathconcept.com/pricelist, we would be pleased to send you a copy on request). The fee is increased accordingly if upgrades, additional modules or additional licenses are purchased, either immediately or at a later stage.
- The service fee is due annually in advance, for the first time on conclusion of this Agreement. The maintenance fees are due upon receipt of the invoice and should be transferred to the Provider’s bank account within 14 days.
- The Agreement commences on the day of receipt by the Provider of the Service Level Agreement signed by the Customer and is valid in the first instance for one contractual year. Thereafter it is extended for a further contractual year, if it is not terminated with a period of three months to the end of a contractual year by a contracting party.
- The right of extraordinary termination remains unaffected. In the case of an extraordinary termination by the Provider, the Provider retains its claim to the portion of the service fee resulting up to the termination and may make an immediately payable claim to liquidated damages equal to 50% of the fee incurred up to the date that the Customer could have properly terminated the contract. Proof of lower damages remains reserved for the Customer.
- Each notice must be given in the written form to be effective. A statement made by e-mail is sufficient as the written form.
- It is possible to give notice for any of the program levels of the software program independently of each other. Notice given for one of the program levels does not affect the validity of the Agreement in respect of the others.
- No supplementary agreements have been made. Changes to this Agreement must be made in writing. The annulment of this written form clause also requires the written form.
- The exclusive place of jurisdiction and performance is Lagos, Nigeria.
- The General Terms and Conditions of Nathconcept Limited applies.