Terms of Business

In the following Terms of Business, we/us/our means Swift Software Solutions, you means our clients or customers. Program, database and website, and programming, database design/programming and web design/programming are interchangeable terms throughout.

1. Before commencing any bespoke programming, written confirmation will be provided by us to you, detailing what section(s) will be written, and what the functionality of the database or program will be. We require a copy of this specification, signed by someone with the authority to bind you to us in a legal contract. We will base our charges on this specification. Once the specification and charge have been agreed and confirmed, only then will any programming commence. If you require any change or addition to the agreed specification, we will charge you extra for this.
2. If agreed as part of the specification and quotation, we will require any deposit of the price agreed as above to be made before we commence any programming. Further, if any interim payments have been agreed, they must be paid in full as they fall due, otherwise we will stop all programming until they have been paid in full.
3. You will not be deemed to have been granted the licence to use any of our programs/databases until you have paid the agreed price in full. There is no exception to this rule.
4. If you have commissioned us to create a database, program or website and have provided us with any material, copyright of that material belongs to you. It is your responsibility to ensure that you have a legitimate claim to own the copyright. We will accept such material in good faith and we will accept no liability if you or we are challenged over breach of copyright. That will be solely your liability. Material includes but is not limited to photographs, graphics, logos, and text. We own the copyright on everything else, including but not limited to database design/schema, source code written in any computer language, website layout and code. For bespoke commissioned programs/databases and websites, at our sole discretion we may assign the copyright to you for a fee. This will be confirmed by us to you in writing, and without such written confirmation we retain the ownership of the copyright. The written confirmation will contain conditions that you and we must adhere to.
5. If we have agreed to facilitate a web hosting service for you, it will be via a third party provider as we do not have a web hosting service of our own. We will choose a provider who we believe to be reliable, but we cannot be held responsible for any downtime to your website. If we believe you have the grounds for a legitimate complaint and/or compensation, we will assist you if you wish to claim compensation from the web hosting provider, but we accept no liability on their behalf. If we allow you to access your website to make additions/alterations, you will be responsible for ensuring that the website content and the way you conduct your website does not break any laws or the rules stipulated by the web hosting provider. If you change your website in a way that stops it from working properly, and you ask us to fix it, we will charge you to get it working properly again.
6. PC Help: Our service is to come to your home or workplace to assist you with training or tuition, installing or upgrading software, or to help with problems you may be having with hardware or software. We will charge you a minimum of one hour at the rate we agreed before the visit. After we have been with you for an hour, we will continue to charge you but in 15-minute intervals. If we have completed the task you gave us before the first hour is finished, you may ask us to do more work for you until the hour has finished. We will not charge for travel if you are within 15 miles of our postcode, as defined by using Google Maps™ (and no alternative) to get directions to your postcode. If more than one route is offered, we will use the distance shown by the shortest route. If your postcode is shown as more than 15 miles from our postcode, we will charge you a rate per part or complete mile over, as agreed before the visit. If we are unable to help you to our mutual satisfaction, then we will not charge you for the visit or for travelling to you. However, if we are unable to help you as a result of you declining to purchase replacement hardware, any software that would fix or remove the problem, or if you obstruct us in any way, we will still charge you for our time and travel (if travel expense is applicable).
7. If there is a dispute between you and us, English Law and English Courts will be the only jurisdiction that applies, and all correspondence will be in the English language, whether written or oral or by any other means. If any part of this Terms of Business is successfully challenged in an English Court, it does not mean that the whole of this Terms of Business is invalid. The judgment will apply only in the narrowest sense permissible and the remainder of this Terms of Business will still be legally binding.
8. We are registered under the Data Protection Act, and will store any of your details with the utmost respect and care. We will not store information about you for longer than is necessary, and we do not store any data relating to your credit cards or bank details. We will never pass your details onto anyone else, except if we are asked to do so by anyone who is legally allowed to demand that we do so (e.g. a government department or agency).

[Swift Software Solutions Terms of Business dated 10/06/2011]