1 GENERAL

1.1 These Terms and Conditions shall apply to all contracts for the supply of Services (ADAMM&CO suites of apps) by the Supplier (Build-Apps) to the Customer and shall prevail over any other documentation or communication from the Customer.

1.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2 PRICE AND PAYMENT

2.1 Payment of the price shall usually be paid on application of the service on Service Level Agreement terms as applicable.
Payment can be made by credit/debit card on-line or over the phone, by EFT or by cheque. Payment in arrears will be by prior agreement only.

2.2 There will be a separate charge for additional features and any additional services that are requested. There will also be a charge for connecting the Service with your database.

2.3 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.

3 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:

3.1 Co-operate with the Supplier;

3.2 Provide the Supplier with any information reasonably required by the Supplier;

3.3 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.

3.4 Comply with such other requirements as agreed between the parties.

3.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.

4 SUPPLIER'S OBLIGATIONS

4.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

4.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.

4.3 Delivery of service will be within an agreed timeframe of receipt of the application and payment unless otherwise agreed by contract/Service Level Agreement. Delivery of results will generally be within a reasonable time from receipt of a services required by the Customer.

5 LIMITATION OF LIABILITY

5.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.

5.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.