STANDARD TERMS AND CONDITIONS OF BUSINESS
1. Accware shall not in any way be liable for any loss or damage suffered by the client as a result of the client’s failure to adhere to any of the client’s responsibilities set out in the Appendix, ‘Responsibilities’.
2. Accware shall not in any way be liable for any loss or damage suffered by the client as a result of any acts, omissions, failures or negligence on the part of the client, its officers, employees or agents.
3. Accware will exercise reasonable skill and care in dealing with the client’s affairs. However, should any error or omission occur due to either failure to exercise this duty of care by Accware and its servants, incorrect processing by third party equipment or the incorrect operation of the programs developed by third parties, then any liability would be limited to the preparation of corrected periodic management accounting statements covering the period of the error or omission. Accware shall not be liable for any indirect or consequential losses howsoever arising.
4. Where payment is not received by Accware on the due date it may terminate the contract forthwith at its absolute discretion or alternatively, in the event of non-payment, Accware may within its discretion suspend the provision of its services to the client until such time as payment is made, and interest at a rate of 8% above the Bank of England base rate may be applied to the outstanding fees one month after the date of the invoice.
5. Where Accware incur additional work to complete its services arising from the client’s non-compliance with their responsibilities as defined in the appendix “Responsibilities”, or through material changes in the client’s business circumstances, any additional time spent to complete the system will be charged at our standard rate per unit in £’s sterling. The service fee is payable in advance by STO or direct credit to our Bank Account. If for any reason the client fails to pay by the accepted methods Accware reserves the right to impose an increased monthly charge to take into account the additional administration costs involved.
6. Accware reserves the right to increase fees and a minimum of one month’s notice will be given in respect of any increase.
7. Accware will not without the prior written consent of the client divulge any information about the client’s affairs to any third party. Where the client requests that Accware provides information to a third party, Accware can accept no responsibility for any subsequent use of such information by any third party.
8. Accware shall be entitled to terminate the contract with the client forthwith by notice in writing to the client if the client shall:-
1. Commit any serious or persistent breach of any of its responsibilities and, in the case of a breach capable of being remedied shall have failed, within 14 days after the receipt of a written request from Accware so to do, to remedy the breach, such a request to contain a warning of Accware’s intention to terminate.
2. Pass a resolution for winding up or a Court of competent jurisdiction shall make an order to that effect.
3. Make any voluntary arrangement with its creditors or become subject to an administration order.
4. Have a receiver or administrative receiver appointed on it or any part of its undertaking or assets.
5. Cease, or threaten to cease, to carry on business.
6. Become bankrupt.
7. Become the subject of any criminal investigation
9. Accware shall not be liable for any delay in performing any of its responsibilities under the contract if such delay is caused by circumstances beyond the reasonable control of Accware, then Accware shall be entitled to a reasonable extension of time for the performance of its responsibilities.
10. The client shall not assign or otherwise transfer the contract or any of its rights and obligations under the contract whether in whole or in part without the prior written agreement of Accware.
11. All notices from the client to Accware shall be in writing and shall be properly given if sent by first class pre-paid post to Accware head office at No. 1 Pavilion Square, Cricketers Way, Westhoughton, Bolton, BL5 3AJ. All notices from Accware to the client shall be properly given if sent by first class pre-paid post to the last trading address made known by the client to Accware.
12. This agreement shall be governed by and construed in accordance with the laws of England.