MF SOFTWARE SOLUTIONS LIMITED, 367B Church Road, Frampton Cotterell, Bristol BS36 2AQ
(Registered Office address) Reg. No. 4501866 (“MFSS” or “our”/”we”/”us”)

TERMS AND CONDITIONS FOR THE USE OF THE HOSTED MFJOBTRACKER SOFTWARE SOLUTION

Overview These Terms and Conditions cover the use of our hosted MFJobTracker software and any bespoke elements applied to a customer’s copy of the MFJobTracker software. All other Bespoke FileMaker Development Services (not related to the MFJobTracker software) and FileMaker Hosting Services are covered by separate terms & conditions which can be supplied on request or viewed at www.MFSoftwareSolutions.com. Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any significant changes which we feel you need to be made aware of. References herein to the “Customer”, “you”, “your” or "yourselves" are to the person, firm, company, limited liability partnership or other organisation which has ordered or otherwise makes use of our MFJobTracker service whilst “The Bespoke Elements” refer to any bespoke requirements applied to a customer’s copy of the MFJobTracker software. "Bundled Software" refers to the FileMakerPro licences that are distributed with MFJobTracker.

Jurisdiction These Terms and Conditions shall be governed and interpreted according to the laws of England and Wales. Please note: By using MFJobTracker you agree to be bound by these Terms and Conditions.

Server use MFSS reserves the right to suspend or cancel a Customer's use of MFJobTracker when MFSS decides that the account has been inappropriately used or otherwise. MFSS reserves the right to refuse service and/or access to its servers to anyone. MFSS does not allow any of the following content to be stored on its servers: (a) Adult material - includes all pornography; erotic images; or otherwise lewd or obscene content; (b) excessive download content or non-linked content. Refusal of service based on either (a) or (b) above is entirely at the discretion of MFSS. MFSS reserves the right to move your data to a different server with no previous notice.

Support We will endeavour to provide a continuous high quality service. If you experience problems with your copy of MFJobTracker you should contact us via support@MFSoftwareSolutions.com. Support is normally available between 09.00 and 17.00 GMT, Monday through to Friday with a minimum charge allocation of 15 minutes per request. Although we aim to respond to any requests made of us within 4 hours, we do reserve the right to extend this response time to a 24 hour period. Any support charges incurred over and above any pre agreed monthly allowances are invoiced on an ongoing monthly basis. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to the servers or networks on which the MFJobTracker software runs. You will be notified in advance of any scheduled downtime and/or interruptions to our services.

Payment policies All accounts are set up on a prepay basis. Although MFSS reserves the right to change the monthly subscriptions at any time, all pricing is guaranteed for the period of prepayment. Payment thereafter is due on the first day of the month. Customers will be automatically invoiced again for the next prepay period unless closure notification has already been given. In situations where the standing order is declined and/or an invoice remains unpaid MFSS reserves the right to suspend access to your copy of MFJobTracker until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a £20 plus VAT administration charge. The Customer is responsible for all money owed on the account from the time it was established to the end of the notice period following the time that the Customer sends a written cancellation request. Invoices will be sent directly to Customers via email or the postal service. All payments shall be made in UK sterling, and all prices given are exclusive of VAT unless stated otherwise.

Your personal details Please note that whilst your email is primarily used for billing purposes, MFSS reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications at any time by emailing us on support@MFSoftwareSolutions.com. We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your contact details to third parties that MFSS may use for the purposes of delivering specific services to you (e.g. customer support).

Payment options In order to streamline our accounting procedures and keep costs down MFSS requires that all prepayment services are paid by standing order to MFSS’s bank account with any additional fees being paid by cheque.

Cancellation and refunds MFSS reserves the right to cancel the MFJobTracker service at any time. A refund will not be issued in the event of a cancellation. Customers may cancel their account at any time by giving 30 days notice of cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable. Any hardware or software purchases made by the Customer in connection with running MFJobTracker (such as FileMaker Pro) are non refundable in the event of a cancellation. We will return your data to you via a series of spreadsheets in return for an administrative fee of 195.00 GBP and on the condition that all outstanding invoices are paid.

Indemnification The Customer agrees that it shall defend, indemnify, save and hold MFSS harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against MFSS, its agents, its customers, officers and employees, that it or they may suffer or incur or which may be made or brought against any of them and which arises or results from any use made by the Customer of the MFJobTracker service or any services provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer further agrees to defend, indemnify and hold harmless MFSS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MFSS’s servers; (2) any
material supplied by the Customer which infringes or allegedly infringes the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to the Customer via MFSS’s servers and (5) any content on the Customer's websites.

Disclaimer MFSS will not be responsible for any damages your business may suffer. MFSS makes no warranties of any kind, expressed or implied for services we provide. MFSS may, as a part of the services that we offer you, back up your data/website and whilst every reasonable attempt will be made to avoid lost data, in the unlikely event of any corruption or hardware failure MFSS cannot guarantee to be able to replace lost data. MFSS disclaims any warranty of merchantable quality or fitness for a particular purpose insofar as it is legally able to do so. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by MFSS and its employees.

Entire Terms of Service Unless otherwise agreed by means of a written document signed by both you and an authorised representative of MFSS these Terms and Conditions constitute the entire Terms and Conditions between MFSS and the Customer in relation to the hosted MFJobTracker service and software and accordingly the Customer accepts that MFSS gives no representations or warranties (whether express or implied, statutory or otherwise) save as may be required by law and that there are no agreements collateral hereto than as expressly set or referred to herein.

Amendment in Writing These Terms and Conditions may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of MFSS.

Relationship of the Parties Nothing in these Terms and Conditions shall be construed as creating an agency or employment relationship, partnership or joint venture between the parties.

No Third Party Beneficiaries These Terms and Conditions do not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege as against MFSS.

Severability In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. MFSS will amend or replace any such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of MFSS as reflected in the original provision.

Passwords It is the Customer’s responsibility to keep its MFJobTracker Account passwords confidential, and to change these passwords on a regular basis. MFSS is not responsible for any data losses or security issues due to mislaid, stolen or mis-used passwords. MFSS recommends that you use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (for example Customers should avoid using "12345", "password", etc.). It is the Customer’s responsibility to ensure that all of its employees or other representatives who are allowed access to the MFJobTracker service maintain the strict confidentiality of passwords at all times.

Authorised Users The MFJobTracker service is available to be accessed by only those individual employees or other representatives of the Customer who have been authorised to do so by the Customer (a “User”). The number of individuals who are entitled to access the service is limited to the maximum number of Users which the Customer has requested be allowed to access the service (the “Maximum Number”) and for whom the Customer has paid the appropriate MFSS Users monthly subscription fee (such fee being dependant on the Maximum Number of Users required by the Customer).
MFSS will issue a unique 9 digit code via email to reflect the number of required Users for a given site which, once keyed into MFJobTracker by the Customer will activate MFJobTracker and limit the number of Users that the Customer may grant access to. A new code will only be re-issued upon the Customer adjusting the required number of Users at the beginning of a subscription period. Each User nominated by the Customer to use the MFJobTracker service will be allocated a temporary password by MFJobTracker upon the Customer’s nominated administrator creating a User account and entering in the User’s details; access to the service is limited solely to such Users and the Customer must ensure that the number of Users of or accessing the service is limited to the Maximum Number of Users. If the Customer wishes to increase the Maximum Number of Users entitled to use and access the service, you must notify us and pay our then current additional User subscription fee for each additional User.
It is the Customer’s responsibility to deactivate a User’s account and/or change a User’s password access to the MFJobTracker service on a User ceasing to be authorised by the Customer to be allowed to access or use the MFJobTracker service (for example, when a User ceases to be an employee of the Customer).
MFSS will not accept any responsibility or liability for any losses, costs, expenses or liabilities incurred or suffered by the Customer as a result of a non-authorised User gaining access to the MFJobTracker service as a result of the Customer failing to deactivate that User’s account and/or changing that User’s password.
The Customer will ensure that neither it nor any User will allow any individual who is not an authorised User to access or otherwise make use of the MFJobTracker service and that no User password or other code necessary for a User to access the service is shared with or communicated to any other individual or third party. The Customer will ensure that all Users maintain the strict confidentiality of any individual passwords or access codes allocated to them. The Customer will also ensure that all Users are made specifically aware of the restrictions contained in these Terms and Conditions relating to limiting access to and use of the MFJobTracker service.
MFSS reserves the right to suspend and/or cancel the Customer’s use of or access to the MFJobTracker service in the event that MFSS believes that individuals representing the Customer are accessing (or have accessed) the service in excess of the Maximum Number of Users or if it believes that User passwords or access codes are being shared or used by more than the individual Users nominated by the Customer. In such circumstances the Customer will not be entitled to any refund of fees.

Scheduled maintenance To guarantee optimal performance on the servers, it is necessary for MFSS to perform routine maintenance. Such maintenance may require taking MFSS’s MFJobTracker servers off line, typically performed during off-peak hours. MFSS will endeavour to give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

Security MFSS makes every reasonable effort to ensure MFJobTracker database security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with a specific MFJobTracker database, it is the Customer’s responsibility to notify us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

Ownership of data All data created or stored by you within your copy of MFJobTracker during the period for which you subscribe to our MFJobTracker service is your property. MFSS shall allow access to such data by only authorised MFSS personnel. MFSS makes no claim of ownership to any Customer content contained within your copy of the MFJobTracker software hosted on MFSS’s servers.

Software Ownership Your copy of the MFJobTracker software remains the property of MFSS at all times. You are granted a non-exclusive and non-transferable licence only to use and store your data within MFJobTracker for as long as you subscribe to the MFJobTracker service and comply with these Terms and Conditions. The Customer shall have no right to use the names or brands “MFJobTracker” and/or “JobTracker” nor shall it have any right to copy or to make any use of the software comprised in MFJobTracker (other than by using the MFJobTracker service in accordance with these Terms and Conditions) or to sell, licence or assign any rights therein.

Server Ownership Servers remain the property of MFSS at all times.

Remote Backup Service We utilise ‘The Rapid Backup’ service for backing up the servers, MFJobTracker databases and Customer data. The remote backup system (Rapid Backup Centre) is located inside a secure data centre where all standard data centre facilities, including redundancy and backup power supply, 24-hour professional monitoring & surveillance and controlled access to the premises, are provided. MFSS uses a primary backup server to provide online backup services that is further backed up by an additional backup system.

Backup Liability MFSS shall under no circumstances be liable to the customer for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever from the provision of the Remote Backup Service.

Software availability MFSS cannot be held responsible for any losses incurred by you as a result of any software on which the MFJobTracker software depends for its operation becoming unavailable for whatever reason. You subscribe to the service on the understanding that the operation and functioning of your hosted copy of MFJobTracker relies entirely upon the continued support and on-going availability of licences from the software manufacturer on who’s platform MFJobTracker has been designed to run.

FileMaker Pro License agreement MFSS grants you a non-exclusive license to use the bundled FileMaker software ("Software") under the terms stated in these terms and conditions only during the limited term of these terms and conditions. All use of the software must cease and you must remove and destroy all copies of the software upon the termination date.

You will not copy the bundled software except: (i) as necessary to use only one copy of the software on a single computer, or (ii) to create an archival copy solely for backup purposes. You agree that any such copies of the bundled Software shall contain the same propritary notices that appear on and in the bundled Software.

You agree not to reverse engineer, decompile or disassemble the bundled Software, except and only to the extent expressly permitted by applicable law.  You may not modify, adapt, translate, rent, lease, loan or creative derivative works based upon the Software or any part thereof.

Title to and ownership of the intellectual property rights associated with the bundled Software and any copies remain with MFSS and its suppliers.

You may not transfer or assign your rights under the license to another party without the prior written consent from the owner of the bundled Software.

You are hereby notified that FileMaker International, Technology House, Meadowbank, Furlong Road, Bourne End, Bucks, SL8 5AJ, United Kingdom (“FileMaker”) is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions that relate to your use of the bundled Software. Such provisions are made expressly for the benefit of FileMaker and are enforceable by FileMaker in addition to Licensee.

In no event shall MFSS or its suppliers be liable in any way for consequential, incidental, indirect or special damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information and the like) or direct loss of business, business profits or revenue, whether foreseeable or unforeseeable, arising out of the use or inability to use the software or accompanying written materials, regardless of the basis of the claim (whether under contract, negligence or other tort or under statute or otherwise howsoever arising) and even if MFSS or its suppliers has been advised of the possibility of such damage.

Other Terms of Service

Force Majeure: MFSS shall not be responsible for any failure to provide any service or perform any obligation because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar circumstances or events beyond its reasonable control.

Survival: The provisions, terms, conditions representations, warranties, covenants, and obligations contained in these Terms and Conditions which by their nature continue to require performance or observance after any termination of the Customer’s use of the MFJobTracker service, shall be and remain enforceable not withstanding such termination for any reason.

Notice: You agree that any notice or communications required or permitted to be delivered under these Terms and Conditions by MFSS to you shall be deemed to have been given if delivered by email, or first class mail in accordance with the contact information you have provided.

Assignment: You shall not assign, sub-license or transfer your rights or obligations under these Terms and Conditions to any third party without the prior written consent of MFSS. nor shall the Customer allow any third party to make any use of the MFJobTracker service without the prior written consent of MFSS. However, in the event that MFSS consents to such an assignment, sub-license or transfer, then these Terms and Conditions shall enure to the benefit of and be binding upon any such permitted assigns.

TERMS & CONDITIONS RELATING TO ANY AND ALL BESPOKE ELEMENTS
APPLIED DIRECTLY TO A CUSTOMER’S COPY OF THE MFJOBTRACKER SOFTWARE PRODUCT

1. Copyright
(a) The ownership of the copyright (and all other intellectual property rights) in any graphics, screen designs, audio-visual effects, text, pictures, photographs, software and other proprietary material produced, created or written by MFSS (or on its behalf) in relation to the works and services undertaken (or to be undertaken) by MFSS in relation to the production of The Bespoke Elements (the "Materials") shall remain vested in MFSS. MFSS grants you a non-exclusive, non-transferable licence to make use of the Materials in accordance with these Terms and Conditions and solely for use in connection with the normal operation of The Bespoke Elements as set out in the specification referred to in clause 2 and only for the duration of time that you subscribe to the core MFJobTracker software product itself to which they relate.
(b) Unless otherwise agreed you will ensure all materials provided or supplied to MFSS, for inclusion in The Bespoke Elements, by or on your behalf have been cleared with all copyright holders of that material, and that you will be liable for any breach of copyright applying to those materials and will indemnify MFSS on demand accordingly.

2. Specification
(a)The Production of The Bespoke Elements shall be based on the specification agreed between MFSS and yourselves. MFSS reserves the right to contribute to the design with reference to consultation, teaching, training and design requirements, but the agreed design shall not be materially varied by MFSS without your written consent.
(b) MFSS reserves the right to refuse to accept a new design/treatment or to repeat The Bespoke Elements using an original design by a third party.

3. Uses
(a) The Bespoke Elements can only be used in conjunction with our core MFJobTracker software and therefore cancelling the MFJobTracker subscriptions also prevents any further claim or use of The Bespoke Elements.
(b) You shall only use The Bespoke Elements for the purposes stated in the specification.
(c) You shall not exhibit The Bespoke Elements in other forms or for other purposes without first obtaining our written consent and meeting any payments including those for copyright and/or any other permissions that may be necessary as the result of such extended usage.

4. Approvals MFSS shall obtain your approval at the stages of production specified in The Specification for which approval shall not be unreasonably withheld with clause 20 coming into effect on completion.

5. Changes MFSS shall carry out such changes to The Bespoke Elements as you require and the cost of such changes shall be borne by the parties as follows:
(a) by youselves if changes are required as a result of your desire to depart materially from The Specification or other previously agreed stages of production or if you have unreasonably delayed in notifying MFSS of any changes
(b) by MFSS if changes are required as a result of MFSS’s material departure from previously agreed stages of production; or if The Bespoke Elements are of unsatisfactory technical quality (see liability).

6. Rights
(a)Subject as provided in clause 1(b) MFSS shall obtain all such licences and permissions in respect of dramatic, literary or artistic work including photography, photographic library material, music composition and performances as may be necessary for The Production of The Bespoke Elements and its agreed use and which are provided by MFSS. (b) All other rights in The Bespoke Elements original art work, computer programming and in the photographed and recorded material arising out of The Production of The Bespoke Elements together with the photographic and recorded masters from which copies are made shall be the property of MFSS.

7. Indemnity You hereby indemnify MFSS against any actions (civil or criminal) claims or demands whatsoever which may arise out of the aural, visual, digital or intellectual content or use of The Bespoke Elements or any exhibition thereof.

8. Liability In no event will MFSS, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use any elements that comprise The Bespoke Elements, FileMaker or browser software or any accompanying written materials or through inaccuracies in any of the data transferred into The Bespoke Elements from any third party (however supplied), regardless of the basis of the claim and even if MFSS or MFSS’s representative had been advised of the possibility of such damage. MFSS will do everything reasonably possible to ensure The Bespoke Elements conforms to the agreed design when viewed in the latest or stipulated versions of FileMaker Pro or Internet Explorer. MFSS will not be responsible for the way The Bespoke Elements appear in other browsers unless stipulated by you and tested in those browsers by MFSS as part of the specification. Notwithstanding the above and in any event, the maximum liability of MFSS in relation to all and any claims which may be made against it in relation to the work and/or services undertaken (or not undertaken as the case may be) pursuant to this Agreement shall be the Contract Price relating to the part or parts of The Bespoke Elements which are alleged to be at fault.

9. Delay or Non-execution Delay or non-execution in the production of The Bespoke Elements by MFSS due to war, fire, strike, lock-out, industrial action, tempest, accident, illness, death or any other cause whatsoever beyond MFSS's control shall not give rise to any claim whatsoever against MFSS. In the event of unreasonable delay due to the above causes you shall be entitled to terminate the production of The Bespoke Elements subject to payment of all costs and expenses incurred and commitments undertaken by MFSS to the date of termination specifically in relation to the production of The Bespoke Elements.

10. Payment
(a) Subject to clause 11 hereof, the Contract Price shall be the price agreed between MFSS and you on the acceptance of the written quotation through the issue of a written order (or otherwise in accordance with clause 19). (b) Payment of the Contract Price shall be made by you to MFSS as follows:
(1) one third of the Contract Price on the issue of the written order (or otherwise in accordance with clause 19).
(2) the balance including any increased costs chargeable under Clause 11 hereof within 28 days of completion of The Bespoke Elements or by monthly interim payments in the event that completion of The Bespoke Elements takes over 28 days to complete.
(3) The Bespoke Elements shall be deemed to be completed upon receipt by you of written notice of completion from MFSS.
(c) All fees chargeable are exclusive of VAT which will be charged if applicable.

11. Increased Costs
(a)The agreed price of The Bespoke Elements as estimated shall be increased by the additional cost that MFSS incurs on account of changes made by you within the terms of Clause 5(a), increases in the cost of labour and/or materials or services delays due to circumstances outside MFSS's control and/or failure by you to provide facilities or information at the time(s) and/or places(s) and/or manner agreed between you and MFSS.
(b)Such increase in the Contract Price shall only be payable by you where the claim for such increase has been notified in writing to you by MFSS as soon as practicable after the occurrences giving rise to it.

12. Insurance You shall insure all materials including hardware and software entrusted to MFSS as all such material is received and such material shall be held solely at the risk of yourselves. Where your premises are used by MFSS for production purposes, you will accept full responsibility for all third party and public liability cover.

13. Termination
13.1 If at any time you wish to abandon the production of The Bespoke Elements. You may by notice in writing to MFSS forthwith terminate production of The Bespoke Elements. Upon receipt of such notice:
(a) MFSS shall be asked to take immediate steps to bring to an end all expenditure or commitments relating to the production of The Bespoke Elements and to deliver to you as soon as possible detailed statements of the expenditure (including overheads) in respect of the production of The Bespoke Elements.
(b) You shall reimburse MFSS such expenditure and (save where your decision to abandon the production of The Bespoke Elements is made due primarily to inordinate delay on the part of MFSS and/or as a result of a material or persistent breach of MFSS's obligations under this Agreement) pay the full amount of the profit which would have been due to MFSS had The Bespoke Elements been completed.
(c) On receipt of the amount specified in Clause 13(b) hereof MFSS shall disable and/or remove The Bespoke Elements from your copy of MFJobTracker and revert it back to the pre-production state which you may continue to use for as long as you continue to subscribe to the MFJobTracker software.
13.2 MFSS may cease work upon The Bespoke Elements (without any liability on its part) and/or terminate this Agreement by giving written notice to that effect to you in the event that you breach of any of the terms of this Agreement (including, without prejudice to the generality of the foregoing, where any monies due to be paid by it to MFSS are overdue for payment).

14. Arbitration Either party to the Agreement shall be entitled to terminate the Agreement forthwith by written notice to the other party if that other party shall become bankrupt or have a receiving order made against him/her or shall present his/her petition in bankruptcy or shall make an arrangement with his/her creditors or shall have an execution levied on his/her goods or (being a corporation) shall go into liquidation (other than in connection with a scheme of reconstruction or amalgamation) or have a resolution passed for its winding up or have a receiver or administrator appointed and thereon the provision of Clause 13 hereof shall apply.
(a) Any dispute or difference arising hereunder shall be referred to a single arbitrator to be agreed between the parties or failing agreement to be nominated on the application of either party by the President for the time being of the Law Society. Any such arbitration shall be in accordance with the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force.

15. Legal Construction The interpretation and application of these Terms and Conditions shall be in accordance with English Law.

16. Acknowledgements
(a) MFSS reserves the right to include a production and copyright ownership acknowledgement to MFJobTracker (and/or MF Software Solutions) (and/or MacFactor) in any credits and a link to MFSS's or MFJobTracker’s own web-site.
(b) Under the terms of the software agreement for FileMaker, MacroMedia Director, QuickTime and other Software used in the production of The Bespoke Elements the production must acknowledge those software producers whose licensing terms insist on acknowledgement by the inclusion of those companies Logos and/or credits in The Production environment or Production credits.

17. Software availability MFSS cannot be held responsible for any losses incurred by you as a result of FileMaker or any other software on which MFJobTracker and/or The Bespoke Elements depend for its operation becoming unavailable for whatever reason. This Agreement is entered into by you on the understanding that the operation and functioning of The Bespoke Elements relies entirely on the continued support and on-going availability of licences from the software manufacturer on who’s platform The Bespoke Elements is written.

18. Year 2000 compliance Whilst every effort is made by MFSS to employ year 2000 compliant software MFSS cannot be held responsible for any losses incurred by you through unforeseen year 2000 compliancy issues overlooked by the manufacturer of any software employed in the creation of The Bespoke Elements.

19. Commencement of Agreement The Agreement shall have effect from the date when the quotation for the production of The Bespoke Elements is accepted by you either by way of written confirmation and/or an official purchase order and/or an advance payment.

20. Installation, warranty & on-going support By the very nature of its complexity, software is sometimes prone to errors and/or corruption during its normal use. MFSS will undertake to fix faulty code that is unearthed during the testing of a development stage (as described below) but reserves the right to charge for repairing files, scripts and coding that are damaged from that point onwards. To this end all development is undertaken on the following understanding:
1) A prototype of the completed Bespoke Elements are presented to you to test (and to suggest any amendments which you may require). Save where agreed as part of the specification the costs for this and subsequent prototype presentations are not included within the Contract Price.
2) Any amendments are then implemented and returned to you for approval through prototype stages. Amendments are not charged as long as they are within the remit of the original specification.
3) Installation of The Bespoke Elements is undertaken following your approval of a final prototype. Save where agreed as part of the specification the cost of data transfer, installation and tuition is not included within the Contract price.
4) You then have twenty eight working days from time of installation to test the approved Bespoke Elements across your broadband/LAN network and/or browser. This is not an approval stage and is strictly in place for debugging any scripting errors that are unearthed through the live use of The Bespoke Elements (such bugs are corrected free of charge on the proviso that MFSS is able to gain access to the files remotely via a broadband internet connection.)
5) On the twenty ninth day and thereafter, any further tuition/support reverts to MFJobTrackers subscription agreement.