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- Definitions: The following terms have the following meanings:-
- “Terms of use”, the agreement for services entered into between the Customer and Trackplan Software Ltd trading as Trackplanfm and Trackplan comprising the Contract Form and these Terms and Conditions of Use.
- “Fee”, the agreed fee payment to be paid by the Customer to Trackplan Software Ltd trading as Trackplanfm and Trackplan for the Service as set out in the Contract Form or on the website terms and conditions.
- “Period”, the period of time for Trackplan Software Ltd trading as Trackplanfm and Trackplan provides the Service to the Customer as specified in the Contract Form or terms and conditions as per the trackplanfm.com website.
- “Service”, the service to be provided to the Customer by Trackplan Software Ltd trading as Trackplanfm and Trackplan to utilize Trackplan Software the Trackplan Software Platform and relevant information input by the customer and to support the system to do same over the agreed period in the contract.
- Trackplan Software Ltd trading as Trackplanfm and Trackplan (Irish Company Number 565825).
- “Terms of Use”, the terms of use of www.trackplanfm.com website as set out on said website and any variations or amendments thereof.
- Provision and update of information
- Definitions: The following terms have the following meanings:-
Trackplan Software Ltd trading as Trackplanfm and Trackplan shall provide the Customer with helpdesk, email and telephone support for the purpose of delivering the Service as specified in the contract form or on the www.trackplanfm.com websites terms and conditions.
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- The Customer shall provide information and facts on the trackplanfm.com website regarding the Customer’s and employees information, as the customer feels fit. The Customer shall be responsible for all such information placed by their employees and themselves on the trackplanfm.com website. The customer shall indemnify Trackplan Software Ltd trading as Trackplanfm and Trackplan at all times for any loss, expense or damage incurred as a result of the Customer’s actions or omissions in connection with its use of trackplanfm.com website, information placed by the Customer on the trackplanfm.com website, the use that it makes of user information provided through the trackplanfm.com website or otherwise in connection with this agreement.
- The Customer shall supervise and control the use of the trackplanfm.com website by the Customer’s employees and Authorised Third Parties in accordance with the terms of this agreement and the Terms and Conditions of the trackplanfm.com website from time to time as set out therein, including the Privacy Policy;
- The Customer shall ensure that access to the Customer’s trackplanfm.com username and password is limited to authorised personnel and accepts that it is fully responsible for all and any access by any persons whatsoever.
- The Customer shall notify Trackplan Software Ltd trading as Trackplanfm and Trackplan promptly if the Customer becomes aware of any unauthorised access to, use or copying of any part of trackplanfm.com
- Where a link is provided to the Customer’s website or any other external website or link, Trackplan Software Ltd trading as Trackplanfm and Trackplan is not responsible for the content of the Customer’s website or any other website or link. The Customer is solely responsible for the information placed on the trackplanfm.com website by themselves.
- Unless otherwise stated on the Contract, all Fees shall be payable by the Customer to Trackplan Software Ltd trading as Trackplanfm and Trackplan within 14 days of the date of the invoice raised by Trackplan Software Ltd trading as Trackplanfm and Trackplan and are non-refundable.
- Should the Customer wish to cancel the Service provided under the Contract at any time during the Period, no part of the Fee is refundable to the Customer. If you are paying by Direct Debit/Standing Order or Credit Card Direct Debit 30 days notice is required.
- All Fees quoted for Service by Trackplan Software Ltd trading as Trackplanfm and Trackplan are valid for one month only from the date of the quote having been given to the Customer. The Fee is only valid for the Contract. Any subsequent agreement entered into between the Customer and Trackplan Software Ltd trading as Trackplanfm and Trackplan must be negotiated separately and therefore a different fee may apply.
- If Trackplan Software Ltd trading as Trackplanfm and Trackplan does not receive payment by the due date, Trackplan Software Ltd trading as Trackplanfm and Trackplan shall be entitled (without prejudice to any other remedies) to charge interest on all sums outstanding after the due date on a daily basis at the rate of 1% above the agreed rate.
- The Customer shall be liable for any legal or other costs incurred by Trackplan Software Ltd trading as Trackplanfm and Trackplan in pursuing any outstanding Fees or interest on late payment of Fees of the Customer.
- If the Fee has not been received within thirty days following the commencement of the Period, Trackplan Software Ltd trading as Trackplanfm and Trackplan may cease the Service provided to the Customer under the contract and as specified in the terms and conditions on the www.trackplanfm.com website.
- Trackplan Software Ltd trading as Trackplanfm and Trackplan shall be entitled to make changes to the presentation, layout and functionality of Trackplanfm.com website at any time.
- Trackplan Software Ltd trading as Trackplanfm and Trackplan shall be entitled to change the prices or products on the trackplanfm.com website at any time.
- Trackplan Software Ltd trading as Trackplanfm and Trackplan shall be entitled to use the Customer’s logo and any other necessary intellectual property of the Customer in so far as the use thereof is required by Trackplan Software Ltd trading as Trackplanfm and Trackplan to provide the Service for the Customer.
- Trackplan Software Ltd trading as Trackplanfm and Trackplan provides the Service to enable the Customer to manage their facilities and maintenance.
- If there is a conflict between the Contract Form and these Terms and Conditions of Use, then the Contract Form prevails.
- This Agreement is governed by and shall be construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish Courts.