1. Terms
QSS: Quality System Solutions Ltd, Hartham Park, Corsham, Wiltshire, SN13 0RP, UK
The Service: The iTMS application system
2. Payment Terms
In the event of payment not being received by the due date, we reserve the right to immediately suspend your use of iTMS until payment is received in full. Payment made online will appear on your card statement as Quality System Solutions Ltd. Subscriptions can only be cancelled at the end of any paid period. Subscriptions are automatically cancelled if not renewed, there is no charge for cancelling. We are unable to make any refunds for unused months or licences. Please use our contact page for queries regarding Credit Card payments, or call +44 (0)1249 700230
3. Intellectual Property
The entire copyright of iTMS is owned by QSS, and is protected by copyright law and international copyright treaty. All rights are reserved. The following are absolutely prohibited without the express prior written consent of QSS:
1) Unauthorised copying of the Software (other than for backups), or the written materials, including Software that has been modified, merged, or included with other Software
2) Reverse engineering, disassembling, decompiling, or making any attempt to recover the source code of any of the Software
3) Sub-licensing, renting, leasing or sale of any of the Software unless by written agreement with QSS.
4) Creation of a comparable system to access and/or update the TMS database.
4. Data server
Data is held on our secure network of servers and backed up nightly to another server. Servers are replicated to other physical servers for redundancy. The service is available at least 99.9% of time. There is no fixed limit to the amount of data you can store subject to a fair use policy. All data uploaded by the Purchaser remains the property and/or responsibility of the Purchaser. QSS shall not divulge, or give access to, that data to any third party.
5. Force Majeure
QSS shall not be liable to the Purchaser or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of QSS's obligations in relation to the Goods or Services if the delay or failure was due to any cause beyond QSS's reasonable control.
6. Legal Jurisdiction and choice of law
These terms and conditions of supply are subject to the Laws of England. Any dispute arising out of or in connection with these terms and conditions of supply shall be subject to the exclusive jurisdiction of the English Courts.
7. Right to Change
QSS reserves the right to alter iTMS at any time in the future without notice and without incurring any liability. QSS also reserves the right to alter at any time in the future without notice and without liability these Terms and Conditions under which iTMS is offered
8. Limited Warranty
The entire and exclusive liability and remedy for the breach of this limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or similar claims, even if QSS has been specifically advised of the possibility of such damages. In no event will QSS's liability for any damages to the Purchaser ever exceed the price paid for the Software. QSS specifically disclaims all other warranties, representations or conditions, express or implied, including but not limited to, any implied warranty or condition of merchantability or fitness for a particular purpose. QSS takes no responsibility for data and backups which remains the sole responsibility of the customer.
All other implied terms are excluded. Specifically, QSS makes no representation or warranty that the Software or documentation are error free or meet the Purchaser's standards, requirements, or needs.
9. Hours of support
The standard contract includes off-site support only, in the UK are Monday to Friday 9am to 5:00pm excluding public holidays. All calls will be responded to within 4 hours. Hours in other countries will be dependant on the providing Distributor.