All orders made by you and accepted by us are subject exclusively and strictly to these Terms & Conditions of Trade ("Conditions").
All orders for software made by you are subject to acceptance by us. We may choose not to accept your order for any reason but will tell you if we choose not to accept your order using the contact details provided by you. We may choose to subject your order details to additional fraud or credit checks after you have submitted your order, depending on the outcome of these enquires, we may decide to cancel your order. After we receive your order, we will acknowledge its receipt by email using the contact details you have provided, and repeat the details, description and price for the items you have during the order confirmation process. If these differ from the details, description and price shown on our web site please contact us immediately.
Description of software and prices
All details, descriptions and prices for the software are correct at the time when the information was entered. Prices are displayed in the detailed descriptions and purchasing pages of the relevant software or software services we provide. Those descriptions may be contained on separate web sites owned by us. All sales made by the company on any web site are subject to these standard terms and conditions. Prices that are reduced for sales and promotions are only valid for the period specified. We reserve the right to adjust the price and specification of any item at our discretion.
Right to withdraw items
We reserve the right to withdraw any items from our web site at any time. We have no liability to you or anyone else for the effects of withdrawing any items from our web site or refusing to process an order.
Payment and VAT
Payment can be made by most major credit cards and must be made at the time of purchase of the Software. We accept payment in pounds sterling ("GBP") only. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, or we or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment. The price for the Software does not include VAT, which will be added to orders from EU countries. We are not responsible for any other importation taxes, sales taxes or charges that may be levied in your country of residence.
Grant of software licence, if any
Only if you are purchasing software which is downloaded for installation, or is software we install on your computer systems, or is custom software we have developed for you, in consideration of your agreement to these Conditions, the Company grants to you a non-exclusive right ("the Licence") to install and run the Software as permitted by these terms and in accordance with the Licence. You will be sent a licence for each Software order. You must accept the terms of the Licence in order to use the Software, and you may not use the Software without agreeing to the Licence. You acknowledge that the Software will only be used subject to the Licence. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you.
Grant of right to receive software as a service, if any
Only if you are subscribing to software as a service ("SAAS") we provide, in consideration of your agreement to these Conditions, the Company grants to you a non-exclusive non-transferrable right to receive the SAAS as permitted by these terms. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you. You must accept these terms and conditions in order to use the SAAS, and you may not use the SAAS without agreeing to these terms and conditions. You acknowledge that you will use the SAAS only subject to these terms and conditions.
Termination of software licence for purchased software
The Licence for any purchased software, including any custom software we have developed for you, will continue until terminated. You may terminate it at any time by destroying the software, together with any copies in any form. The Company may terminate it at any time forthwith and immediately upon giving notice and at its sole discretion. The Licence to use the Software will terminate automatically upon your failing to comply with any term of this Agreement or the Licence. Upon termination of the Licence for any reason, you will destroy the software together with all copies in any form, including all copies on your backup disks or other backup systems. Any use of any copies of the Software after termination of the Licence is prohibited and unlawful.
Termination of right to use software as a service
The right to use any software we provide as a service will continue until terminated. You may terminate it at any time by cancelling your subscription.The Company may terminate it at any time forthwith and immediately upon giving notice and at its sole discretion. Your right to use any software as a service we provide will terminate automatically upon your failing to comply with any term of this Agreement or, if you fail to pay any subscription amount within fourteen days of its due date.
Limitation of liability
Save as provided in the Licence the Company does not warrant the operation of any software you purchase, or any custom software we have developed for you, or any software as a service we provide will be uninterrupted or error free or that any errors can be corrected. You use the Software or the SAAS at your own risk and the Company gives no warranties in respect of the Software, including any custom software we have developed for you, or the SAAS other than those necessarily implied by statute or otherwise, subject to which all terms, warranties and conditions are now excluded to the fullest extent permitted by law. If any warranty is breached, the Company shall only be liable to give you a correction or replacement within a reasonable time; or at its own option terminate the Licence and give you a refund (where appropriate) and in no event will the Company be liable to you for any loss or damage of any kind (except personal injury or death arising from the Company's negligence) including loss of profits or any other consequential loss of any kind arising from the use of or inability to use the Software, any custom software we have developed for you, or the SAAS or from errors or deficiencies in the Software, or any custom software we have developed for you, or the SAAS whether caused by negligence or otherwise. We do not accept any liability for any damage to your computer system or loss of data that results from use of any software we have developed for you or provided to you, and we cannot ensure that any files you download from our web sites are free of viruses, contamination or destructive features.
Returns and refunds for software licences
If you have purchased software which is downloaded for installation, or is software we have installed on your computer systems, the price you paid can be fully refunded within 30 days from the date of purchase. To obtain a refund you must notify the Company within 30 days of your original purchase date. If you choose to have your purchase price refunded, you must return the software and any licence files, and delete them from any computers on which they are already installed. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.
Returns and refunds for software as a service
If you have subscribed to receive any software service we provide, the amount relating to any unexpired future period of your subscription can be refunded at any time. No refunds can be provided for any past software services you have already used. To obtain a refund you must notify the Company before the end of your current subscription billing period, whether that is a month or a year. If you choose to have your unexpired subscription payment refunded, your right to receive the relevant software service ends. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.
Copyright and intellectual property rights
All copyright, intellectual property and other rights, title and interest in, and any software, business processes, designs, plans, products, know-how, methods, documentation or other material contained in, described in or which are the subject of software or documents provide to you are owned by Quartile Software Limited, unless expressly identified as being the property of a third party.
For all orders made by you and accepted by us, no title to Quartile Software Limited’s Intellectual Property Rights will be transferred to you, and you do not obtain any rights, express or implied, other than the rights expressly granted to you in writing, if any, by Quartile Software Limited.
You are granted only a non-transferrable non-exclusive right to use any software which Quartile Software Limited supplies or provides to you. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you.
You warrant that you will use the software only in accordance with these Terms & Conditions of Trade (including any associated Licence) and only for lawful purposes and in a lawful manner. You also warrant all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
These Conditions shall be governed by the laws of Scotland.