Terms and conditions of sale

Software sales

All orders made by you and accepted by us are subject exclusively and strictly to these Terms & Conditions of Trade ("Conditions").

Ordering

All orders for software made by you are subject to acceptance by us. We may choose not to accept your order for any reason but will tell you if we choose not to accept your order using the contact details provided by you. We may choose to subject your order details to additional fraud or credit checks after you have submitted your order, depending on the outcome of these enquires, we may decide to cancel your order. After we receive your order, we will acknowledge its receipt by email using the contact details you have provided, and repeat the details, description and price for the items you have during the order confirmation process. If these differ from the details, description and price shown on our web site please contact us immediately.

Description of software and prices

All details, descriptions and prices for the software are correct at the time when the information was entered. Prices are displayed in the detailed descriptions and purchasing pages of the relevant software or software services we provide. Those descriptions may be contained on separate web sites owned by us. All sales made by the company on any web site are subject to these standard terms and conditions. Prices that are reduced for sales and promotions are only valid for the period specified. We reserve the right to adjust the price and specification of any item at our discretion.

Right to withdraw items

We reserve the right to withdraw any items from our web site at any time. We have no liability to you or anyone else for the effects of withdrawing any items from our web site or refusing to process an order.

Payment and VAT

Payment can be made by most major credit cards and must be made at the time of purchase of the Software. We accept payment in pounds sterling ("GBP") only. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, or we or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment. The price for the Software does not include VAT, which will be added to orders from EU countries. We are not responsible for any other importation taxes, sales taxes or charges that may be levied in your country of residence.

Grant of software licence, if any

Only if you are purchasing software which is downloaded for installation, or is software we install on your computer systems, or is custom software we have developed for you, in consideration of your agreement to these Conditions, the Company grants to you a non-exclusive right ("the Licence") to install and run the Software as permitted by these terms and in accordance with the Licence. You will be sent a licence for each Software order. You must accept the terms of the Licence in order to use the Software, and you may not use the Software without agreeing to the Licence. You acknowledge that the Software will only be used subject to the Licence. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you.

Grant of right to receive software as a service, if any

Only if you are subscribing to software as a service ("SAAS") we provide, in consideration of your agreement to these Conditions, the Company grants to you a non-exclusive non-transferrable right to receive the SAAS as permitted by these terms. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you. You must accept these terms and conditions in order to use the SAAS, and you may not use the SAAS without agreeing to these terms and conditions. You acknowledge that you will use the SAAS only subject to these terms and conditions.

Termination of software licence for purchased software

The Licence for any purchased software, including any custom software we have developed for you, will continue until terminated. You may terminate it at any time by destroying the software, together with any copies in any form. The Company may terminate it at any time forthwith and immediately upon giving notice and at its sole discretion. The Licence to use the Software will terminate automatically upon your failing to comply with any term of this Agreement or the Licence. Upon termination of the Licence for any reason, you will destroy the software together with all copies in any form, including all copies on your backup disks or other backup systems. Any use of any copies of the Software after termination of the Licence is prohibited and unlawful.

Termination of right to use software as a service

The right to use any software we provide as a service will continue until terminated. You may terminate it at any time by cancelling your subscription.The Company may terminate it at any time forthwith and immediately upon giving notice and at its sole discretion. Your right to use any software as a service we provide will terminate automatically upon your failing to comply with any term of this Agreement or, if you fail to pay any subscription amount within fourteen days of its due date.

Limitation of liability

Save as provided in the Licence the Company does not warrant the operation of any software you purchase, or any custom software we have developed for you, or any software as a service we provide will be uninterrupted or error free or that any errors can be corrected. You use the Software or the SAAS at your own risk and the Company gives no warranties in respect of the Software, including any custom software we have developed for you, or the SAAS other than those necessarily implied by statute or otherwise, subject to which all terms, warranties and conditions are now excluded to the fullest extent permitted by law. If any warranty is breached, the Company shall only be liable to give you a correction or replacement within a reasonable time; or at its own option terminate the Licence and give you a refund (where appropriate) and in no event will the Company be liable to you for any loss or damage of any kind (except personal injury or death arising from the Company's negligence) including loss of profits or any other consequential loss of any kind arising from the use of or inability to use the Software, any custom software we have developed for you, or the SAAS or from errors or deficiencies in the Software, or any custom software we have developed for you, or the SAAS whether caused by negligence or otherwise. We do not accept any liability for any damage to your computer system or loss of data that results from use of any software we have developed for you or provided to you, and we cannot ensure that any files you download from our web sites are free of viruses, contamination or destructive features.

Returns and refunds for software licences

If you have purchased software which is downloaded for installation, or is software we have installed on your computer systems, the price you paid can be fully refunded within 30 days from the date of purchase. To obtain a refund you must notify the Company within 30 days of your original purchase date. If you choose to have your purchase price refunded, you must return the software and any licence files, and delete them from any computers on which they are already installed. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.

Returns and refunds for software as a service

If you have subscribed to receive any software service we provide, the amount relating to any unexpired future period of your subscription can be refunded at any time. No refunds can be provided for any past software services you have already used. To obtain a refund you must notify the Company before the end of your current subscription billing period, whether that is a month or a year. If you choose to have your unexpired subscription payment refunded, your right to receive the relevant software service ends. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.

Copyright and intellectual property rights

All copyright, intellectual property and other rights, title and interest in, and any software, business processes, designs, plans, products, know-how, methods, documentation or other material contained in, described in or which are the subject of software or documents provide to you are owned by Quartile Software Limited, unless expressly identified as being the property of a third party. For all orders made by you and accepted by us, no title to Quartile Software Limited’s Intellectual Property Rights will be transferred to you, and you do not obtain any rights, express or implied, other than the rights expressly granted to you in writing, if any, by Quartile Software Limited. You are granted only a non-transferrable non-exclusive right to use any software which Quartile Software Limited supplies or provides to you. The right you are granted may not be assigned, re-sold or otherwise transferred in any way, including a transfer between companies in the same group. You may not make derivate works of software we provide to you.

Your warranties

You warrant that you will use the software only in accordance with these Terms & Conditions of Trade (including any associated Licence) and only for lawful purposes and in a lawful manner. You also warrant all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.

General

We may change these Terms & Conditions of Trade at any time and will publish their replacement on this web site. Each provision of these Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. You should review our Privacy Policy which, for the avoidance of doubt, does not form part of these Terms & Conditions of Trade.

Law

These Conditions shall be governed by the laws of Scotland.

Pricing

Description of software and prices

Prices that are reduced for sales and promotions are only valid for the period specified. We reserve the right to adjust the price and specification of any item at our discretion.

Refunds

Returns and refunds for software licences

If you have purchased software which is downloaded for installation, or is software we have installed on your computer systems, in accordance with our standard terms and conditions, the price you paid can be fully refunded within 30 days from the date of purchase. To obtain a refund you must notify the Company within 30 days of your original purchase date. If you choose to have your purchase price refunded, you must return the software and any licence files, and delete them from any computers on which they are already installed. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.

Returns and refunds for software as a service

If you have subscribed to receive any software service we provide, in accordance with our standard terms and conditions, the amount relating to any unexpired future period of your subscription can be refunded at any time. No refunds can be provided for any past software services you have already used. To obtain a refund you must notify the Company before the end of your current subscription billing period, whether that is a month or a year. If you choose to have your unexpired subscription payment refunded, your right to receive the relevant software service ends. Refunds will be made using the same method of payment you chose when placing your order, and will be made within three days of receiving your request for a refund.

Privacy

We care about providing you with tools and information to manage and protect your online privacy. In this privacy policy we inform you about what information this web site collects, who may receive that information, what we may do with the information, and how long we keep it. If you have any questions about our policy, please contact us.

General

All of the information you provide in contacting us, or in any of our work with you remains private and confidential. Each project or programme has a separate confidentiality agreement which sets out a detailed undertaking that all aspects of any of our work with you are confidential.

Your privacy

We do not reveal or pass on your email addresses or any other contact details to any third parties, and we do not send unsolicited email. The only exception to this policy may be in compliance with a request from a law enforcement agency.

Collected information

Your personal information is collected only through: our contact forms; from your email correspondence with us; from your order details, or from our support system. PayPal and Thawte, who provide payment services and site certification respectively use cookies in their software to manage the security of your transactions.

Our web server logs record details of which pages have been visited, and which IP addresses the visit was made from. We use Google's Analytics service to help us monitor the effectiveness of our advertising with Google. That service uses cookies to provide us with data about the use visitors make of our web site.

Users are required to give us contact information, such as your name, postal code and email address. Certain information, including your email address, is collected in order to verify your identity and for use in our records. We collect customer registration information about you and your company if you open an account with us.

If you select the option to remember your username and login automatically to our support system, then a cookie containing that information will be stored on your computer.

To help us provide the best performance and message sending experience for visitors to our web site, we use a standard Microsoft default cookie on our contact page with the name ASP.NET_SessionId. We also use Google Maps on our contact page, and Google uses its own cookie called NID on that page. Details of Google's cookie and privacy policy may be found by clicking here. Details of Microsoft's standard session cookie may be found by clicking here . Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

If you choose to purchase software or services from us, we need to collect your personal contact details, but any credit card details you provide are processed only by Braintree or PayPal secure systems. We do not capture or store your credit card details on any part of our system.

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

Uses of information

We use any personal information only for the purposes of administering our business activities, providing customer service and marketing, or testing any software bought or used by you or your company. Information collected at this web site is kept in our records only as long as is necessary to provide services to our customers, or for accounting requirements.

By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy.

This web site is hosted by LiquidSix, a company based in the European Union. By using our web site you also consent to the storage of data on our web server in the European Union.

Contacting you

We will only send newsletters or emails to you if you have asked to receive them, or if you have expressed an interest in any of our products or services. If you would like us to contact you about our software, you may opt in to a free newsletter subscription by updating your customer profile, or by contacting us directly.

Our support desk system uses automated replies to update you on the progress of your requests.

Safeguarding data

We use all reasonable measures to safeguard any data which you provide to us.

Acceptable use

This Acceptable Use Policy (“Policy”) sets out the terms under which you may access this web site. If you do not agree with the terms of this Policy then you may not use this web site.

You may use this web site only for lawful purposes.

You may not use this site:

In any way that breaches any applicable local, national or international law or regulation
In any way that is unlawful or fraudulent
To transmit, or post any unsolicited or unauthorised advertising or promotional material
To knowingly transmit any data, send or upload any material that contains viruses, or any form of malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to impersonate or represent yourself as any other person when using this web site
Not to reproduce, duplicate, copy or re-sell any part of the web site content
Not to interfere with, damage or disrupt any part of the web site or detrimentally affect the use of the web site by any other user
That any messages or postings you make on this web site should not be malicious or designed to offend. In particular, the use of swear-words or undue profanity is discouraged. By participating in any discussion, you undertake to indemnify us and our employees and subcontractors against any liability arising from any obscene, defamatory, seditious, blasphemous or other actionable statement published by you on this site and against all damages, losses, claims and costs (including, without limitation, fines and expenses arising out of or incurred in conducting or defending any proceedings) arising from any such actionable statements.
Not to interfere with, damage or disrupt any part of the web site or detrimentally affect the use of the web site by any other user
To link to our web site only through the home page www.quartile.co.uk unless you have obtained our express written consent, which may be withdrawn at any time, to link to any other pages of our web site
Not to use the name of this web site, or any associated branding or marketing content on the web site for any purpose
Not to use any software, manuals or other information downloaded from the site for any purposes and under any terms other than those set out in the End User Licence Agreement for any software provided to you, a copy of which is available on this web site
Not to gather, extract, reproduce or display on any other web site or other online service, any material on or from this web site, whether or not by the use of spiders or other screen scraping software or systems used to extract data.

Contributions or postings to the support or help systems on this site must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Advocate, promote or assist any copyright infringement or computer misuse.

If a breach of this Policy has occurred, Quartile Software Limited as owners and operators of this web site, may take such action as it deems appropriate including denying you access to the web site, bringing legal proceedings against you and disclosing such information to law enforcement authorities as Quartile Software Limited considers appropriate.