These Terms and Conditions ("Agreement") represent a binding agreement between Fixinc Consulting Partners Limited (NZBN 9429047125490), trading as 'Fixinc,' (hereby known as ‘Fixinc’, ‘us’, ‘our’, ‘we’) and the Client (the company named on the Proposal connected to this Agreement). By engaging in our consulting programs and services, you acknowledge your understanding of, and agreement to, the terms outlined herein. These terms serve as a foundation for the professional collaboration between Fixinc and the Client, ensuring clear guidelines for the provision of services, payment obligations, and expectations on both sides. It is essential that you review and comprehend these terms before proceeding with our consulting programs.

This Agreement encompasses a range of clauses that address critical aspects of our engagement, including project duration, payment structure, service provision, confidentiality, intellectual property, and other key considerations. We've also taken into account the various scenarios that may arise during our partnership, such as changes in project scope, client-related delays, and the provision of additional services.

Please be aware that these terms are mutually agreed upon and designed to foster a productive and transparent collaboration. Any additional specific items or clauses that may need to be added or modified will be done so with your approval, ensuring that the terms remain aligned with the evolving needs of both parties.

It is our commitment at Fixinc to deliver high-quality consulting services that meet your expectations and contribute to your success as a truly resilient organisation. We appreciate your trust in our expertise, and we look forward to a fruitful partnership.

Should you have any questions or require further clarification on any aspect of these terms, please do not hesitate to reach out to us. Your understanding and adherence to these terms are crucial to the effective and successful execution of our consulting programs.

Thank you for choosing Fixinc as your consulting partner.

1.0: Project Implementation Period and Payment

1.1 - Project Duration: The project implementation period begins on the date of the Engagement Meeting between Fixinc and authorised representatives of the Client’s company and within the period agreed henceforth within this meeting.

1.2 - Maximum Project Duration: All projects are not to exceed a 12-month period from commencement date agreed during the ‘Engagement Meeting’. In the event that a project exceeds this timeframe, the client may be subject to additional costs or an increase in the hourly rate, proportional to inflation costs or relevant index.

1.3 -  Client-Related Delays: Fixinc cannot be held responsible for delays in project completion caused by actions, inactions, or information provided by the client. Any delays attributable to the client may result in an extension of the project duration and potential adjustments to associated fees.

1.4 - Program Scope Agreement: All program details and timescales will be mutually agreed upon during the Engagement Meeting between Fixinc and the client. The Engagement Meeting serves as a pivotal point for finalising the scope, objectives, and deliverables of the program.

2.0: Fee Structure and Excessive Time

2.1 - Fee Structure: The fee provided to the client encompasses the program's required hours, resources, or products. All time devoted to the program, whether for planning, execution, or evaluation, is considered within this fee structure.

2.2 - Excessive Time Clause: Should the program necessitate an excessive amount of time beyond the predetermined scope as a result of the client’s enforced delay (as noted in clause 1.2), the client may be required to bear additional costs. Fixinc will communicate any such circumstances and potential additional charges to the client for approval before proceeding.

3.0: Payment Terms

3.1 - Payment Schedule: 50% of the total payment is required upon the acceptance of this Fee Proposal and is due within 7 days of the invoice date. The remaining 50% of the fee is due on completion of your Engagement Meeting with Fixinc and must be settled within 7 days of the invoice date.

3.2 - Additional Taxes and GST: Fixinc reserves the right to charge additional taxes or Goods and Services Tax (GST) where applicable and required by law, depending on the jurisdiction of services rendered. This includes but is not limited to New Zealand, Australia, Singapore, and the United States. In some scenarios, Fixinc is not required to collect GST taxes if services are conducted offshore. As of August 2023, Fixinc is not required to collect GST taxes for services provided to Australian registered businesses and no GST tax will be applied to your invoice.

3.3 - Payment Method: Payment must be made to the nominated bank account as specified on the client's invoice. Any bank fees or charges incurred for international payments to Fixinc's bank account may be borne by the client. Fixinc has many foreign bank accounts available to the client to avoid any unwanted and additional fees. If yours is not recorded on your invoice, please contact your relevant account manager or info@fixinc.org for more details.

3.4 - Overdue Invoices and Penalty: Invoices are to be settled within the specified payment terms. In the event of an overdue invoice, Fixinc reserves the right to take the following actions:

3.5 - Purchase Orders or Supplier Contracts: If the Client requires Fixinc to register as a Supplier (or similar) and / or obtain a purchase order (‘PO number’), the Client understands this must be shared with Fixinc within the invoice due date period and any delays incurred as a result do not override the terms of clause 3.0.

3.6 - First Overdue Invoice: An initial reminder will be issued to the client and services may be suspended until the invoice is cleared.

3.7 - Second Overdue Invoice: In the case of a second recorded overdue invoice for a separate Fixinc program, Fixinc may impose a penalty fee equivalent to 10% of the invoice amount for each day the invoice remains unpaid until the outstanding amount is cleared.

3.8 - If invoices remain unpaid for a period in excess of 30 days, Fixinc may seek legal advice and remedies to collect payments owed and all services will be suspended and cancelled at any stage of the program's progress. 

4.0: Travel Expenses

4.1 - Travel Costs: Travel expenses originating from New Zealand will be billed to the client at cost on a monthly basis. These costs are additional to the quoted services and may encompass expenses like flights, accommodation, and meals. Fixinc is committed to charging fair and reasonable travel expenses that are relevant to the program.

5.0: Service Fees and Specifications

5.1 - Fee Acceptance: Fees are based on the acceptance of all services outlined in the Fee Proposal and are subject to the specifications.

5.2 - The scope of services is detailed in the Quote section of your proposal and all costs associated are inline with these services only.

6.0: Service Provision and Delays

6.1 - Service Hinderance: Should the Client hinder the provision of prescribed services within 12 months from the commencement date, and for subsequent 12-month periods, the affected services may be forfeited, with associated fees still payable.

6.2 - Scope Change and Additional Work: Any work requested by the Client that falls outside the scope defined in the 'Quote' section of the client's proposal will be considered additional work. This additional work will necessitate the creation of a separate proposal ID outlining the scope, objectives, and deliverables of the requested additional work.

6.3 - Additional Fees: The Client acknowledges that additional work may incur extra fees. These fees will be detailed in the additional proposal ID and are separate from the fees associated with the initial program or this proposal.

6.4 - Work Pause for Additional Work: In the event that additional work is requested during the course of an ongoing program, Fixinc reserves the right to temporarily pause the execution of the additional work until the initial or relevant program is satisfactorily progressed.

6.5 - Proposal Acceptance: The Client's approval of the additional proposal ID indicates acceptance of the scope and associated fees for the requested additional work. Work on the additional work will commence upon receipt of the Client's approval and agreement to the terms outlined in the additional proposal ID.

7.0: Cancellation and Changes

7.1 - Cancellation Policy: Fixinc reserves the right to impose a cancellation fee of 50% of the total session fee if a training activity is cancelled within 7 working days of the confirmed date after the Engagement Meeting. A full fee applies for cancellations made within 24 hours of the training event.

7.2 - Change of Services: Any changes to the services or variances from the specifications outlined in the approved Fee Proposal after service commencement must be agreed upon in writing by Fixinc and may lead to a fee adjustment or an additional proposal as mentioned in clause 5.4.

8.0: Services and Contact

8.1 - Service Agreement: Services, as defined in the attached Fee Proposal, will be rendered in accordance with the requirements specified in the signed Fee Proposal, prepared by Fixinc and signed by the Client's authorised representative.

8.2 - Authorised Signature: Fixinc assumes that any signature affixed to this Agreement or related documents is by an authorised representative of the Client's company, vested with the authority to bind the company to the terms herein.

8.3 - No Responsibility for Incorrect Signatures: Fixinc does not bear responsibility for the accuracy or correctness of the signature provided. The Client acknowledges that it is their responsibility to ensure that the signatory has proper authorisation.

8.4 - Payment Obligations: Regardless of the accuracy of the signature, the payment obligations outlined in this Agreement shall remain valid and enforceable. Any payment commitments initiated by the Client's signature, whether accurate or not, are subject to the terms and conditions specified in this Agreement.

8.5 - Designated Contact: The Client is to designate a suitable contact person to provide necessary information to Fixinc and coordinate Fixinc's activities on the designated site/s at all times.

8.5.A - Fixinc reserves the right to have continued access to a relevant and authorised member of the Clients company at all times during the program's implementation period. It is the Client’s responsibility to ensure that a representative of the Client is available during the program’s entire schedule between reasonable business hours.

8.6 - Advice-Only Nature: The consulting services provided by Fixinc are advisory in nature and are not intended as directives or guarantees of specific outcomes. The advice offered is based on professional judgement and industry expertise, and the implementation of such advice is at the discretion of the Client.

8.7 - No Claims for Disruptive Events: The Client acknowledges and agrees that Fixinc shall not be held liable for any existing, historic, or future claims arising from the outcome of any disruptive event or impact on the Client's business. Fixinc's advice and services are not intended to predict or control the outcome of such events.

8.8 - Client's Control over Future Events: The Client acknowledges that any events, decisions, or actions taken by the Client, whether in relation to the consulting services provided by Fixinc or otherwise, are entirely within the Client's control. Fixinc does not possess the ability to influence or direct the outcome of such events, decisions, or actions.

8.9 - No Responsibility for Event Outcomes: The Client acknowledges that Fixinc cannot be held responsible for any outcomes, positive or negative, resulting from future events or circumstances, whether related to the services provided under this specific program or otherwise.

9.0: Intellectual Property

9.1 - Ownership of Intellectual Property: Copyright and Intellectual Property in all advice, reports, specifications, calculations, and other documents provided by Fixinc will be vested and remain vested in Fixinc. The client has a licence to use such Intellectual Property for implementing advice given as part of the services.

9.2 - Client's Intellectual Property (IP): In the course of providing consulting services, Fixinc may require access to the Client's intellectual property (IP) or proprietary information. Fixinc is committed to implementing best practice procedures and safeguards to ensure the security and confidentiality of the Client's IP.

9.3 - Security Measures: Fixinc employs rigorous security measures to protect the Client's IP. These measures include industry-standard encryption, access controls, and regular security assessments to maintain the integrity and confidentiality of the Client's IP.

9.4 - No Responsibility for Unauthorised Access: While Fixinc takes every precaution to safeguard the Client's IP, the Client acknowledges and agrees that Fixinc cannot be held responsible for unauthorised access, data breaches, or breaches of security caused by bad actors or external threats beyond Fixinc's control.

9.5 - Non-Disclosure Agreement (NDA): Upon request, Fixinc is prepared to sign a separate Non-Disclosure Agreement (NDA) with the Client. The NDA would outline specific terms and conditions related to the protection of confidential information and intellectual property.

9.6 - Privacy Policy and Terms and Conditions: Fixinc's Privacy Policy and Terms & Conditions are available on our website and govern our approach to data protection and the terms of our engagements. The Client is encouraged to review these documents for further insights into our practices and obligations.

10.0: Confidentiality

10.1 - Confidential Information: Each party will treat the other party's confidential information as such and will not disclose, copy, reproduce, or make use of it except as required for the execution of the services or with prior written approval.

10.2 - Confidential Information: The Client acknowledges that during the course of our engagement, they may gain access to confidential information, trade secrets, proprietary methods, and other private materials belonging to Fixinc ("Confidential Information").

10.3 - Non-Disclosure Obligation: The Client undertakes not to disclose, distribute, reproduce, or share any Confidential Information of Fixinc without explicit written consent from Fixinc.

10.4 - Protection of Trade Secrets: The Client shall exercise due diligence in safeguarding Fixinc's trade secrets and ways of doing business, refraining from any action that could compromise or misappropriate these valuable assets.

10.5 - Consent for Sharing: If the Client intends to share any Confidential Information or proprietary materials, they must obtain express written consent from Fixinc prior to such sharing.

10.6 - Legal Measures for Violations: The Client acknowledges that any unauthorised disclosure or misuse of Fixinc's Confidential Information may result in legal action to protect Fixinc's interests and seek appropriate remedies.

11.0: Indemnification and Liability

11.1 - Indemnification: Each party will indemnify the other from liabilities, claims, demands, damages, and losses arising from wilful acts, omissions, neglect, misconduct, or material breaches of the agreement.

12.0: Warranty and Termination

12.1 - Limited Warranty: Fixinc provides no warranties or guarantees regarding service performance except as required by law or explicitly stated in the agreement.

12.2 - Client's Obligations: If the Client fails to proceed with services or provide necessary information within a specified timeframe, Fixinc may terminate the agreement, with costs payable by the Client.

13.0: Governing Law and Entire Agreement

13.1 - Governing Law: This agreement shall be governed by the laws of New Zealand.

13.2 - Entire Agreement: This Fee Proposal, Terms & Conditions, Privacy Policy and supporting documents constitute the entire agreement and supersede all prior agreements and negotiations.

14.0: Modification and Survival

14.1 - Modification: No modification, amendment, waiver, or termination of this agreement is binding unless confirmed in writing by both parties.

14.2 -  Survival: Any warranties, indemnities, or licences made under this agreement survive its termination.

FACT24 Terms

GENERAL TERMS AND CONDITIONS OF BUSINESS 

for services of F24 AG – hereinafter referred to as F24  

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1. Area of Application 

These Standard Business Terms apply to all business relationships between F24 and its customers. However, these Standard  Business Terms only apply if the customer is an entrepreneur (section 14 German Civil Code - “BGB”), a legal person under  public law or a special fund under public law. 

2. Type and Scope of Services  

The nature, type and scope of owed services result as well as the contract term with final effect from the respective service  agreement and with regard to the eCall business SMS&FAX portal from the eCall terms of use. 

3. Reporting of Disturbance and Notification of Defects  

The customer shall notify in writing or in text form (e.g. email or fax) any defects and disturbances of the services and systems of  F24 immediately in detail and in an understandable manner. 

4. Duties to Cooperate 

Agreed customer’s duties to cooperate and provide materials as required and appropriate, i.e. including but not limited to those  set forth in the contract, shall be performed by the customer as material contractual obligations. 

5. Prices / Terms of Payment 

5.1 Unless otherwise agreed in a specific case, the fees to be paid by the customer for the services may be found from the price  list as applicable from time to time plus statutory value added tax and other statutory taxes, if any. 

5.2 F24 reserves the right to make price adjustments for the services. In the event of price adjustment F24 will communicate the  changed prices at least two months prior to the date they become effective. In case of price increases exceeding 5% within 12  months the customer will be entitled to terminate the contract in writing with one month’s notice upon receipt of the notification of  the price increase to become effective on the price increase comes into force. 

5.3 During any period of default, fees will be subject to interest at the applicable statutory late payment interest rate. F24  expressly reserves the right to assert claims for additional damage caused by delay.F24 will impose a dunning fee of EUR 15.00  from the second dunning notice. 

5.4 The customer may not set off against claims unless for undisputed claims and such recognized by declaratory judgement,  and may only assert a right to deny service or to withholding based on such a claim. This is without prejudice to the customer’s  corresponding rights in the case of a defect. 

5.5 Objections to the invoiced amount of fees depending on the volume of use of the services shall be notified in writing within 30  days upon receipt of the invoice. Failure to raise objections in due time will be deemed approval. In its invoice F24 will point out to  the consequences of such failure to raise objections in a timely manner. 

6. Use of Data  

6.1 Personalized data communicated by the customer will be processed and used by F24 exclusively for the customer and  according to its instructions (commissioned data processing). Any technical and organizational procedures for the processing and  use of such personalized data exceeding the foregoing will be established by the customer upon consultation with F24. Costs and  expenses in connection with the implementation of such procedures, if any, shall be paid by the customer to F24 on the basis of  the price list as applicable from time to time. 

6.2 The data protection regulations of the German Ordinance on Data Protection in the Telecommunications Industry and other  applicable data protection laws and regulations will not be affected by the foregoing. 

7. Defects and Disturbances  

7.1 Liability for defects on the part of F24 is primarily based on agreements made with regard to the quality of the services. In the  event quality has not been agreed, applicable legal provisions shall be applied to determine whether or not there is a defect. F24  assumes no liability for public comments made by third parties. 

7.2 F24 will immediately inspect any notified defects of its services and initiate their removal, provided that F24 is obligated to  remove defects. 

7.3 The customer will be entitled to reduce payment due to defects if the customer notified – as defined in section 3 above – the  specific defects which are the reason of reduction. Even in such a case reduction will only be permitted in proportion to the  limitation of the options of use as a result of the notified defect. 

7.4 Expenses for inspection and supplementary performance will be borne by F24 in the event there actually is a defect.  However, if it is found to be the case that there is no defect and/or that the disruption was based on factors within the customer’s  scope of responsibility, F24 may demand reimbursement from the customer for costs resulting from the unjustified request to  remedy a defect (including, in particular, inspection and travel expenses) unless the lack of a defect would not have been  apparent to the customer based on a reasonable amount of effort. 

7.5 The limitation period for claims based on defects of quality or defects in title of the services provided by F24 is one year from  the start of the statutory limitations period. Section 548 (2) of the BGB (German Civil Code) will not be affected by the foregoing.

Page 1 of 2 Current as of: 01.2018 

8. Liability 

The liability of F24 for all the rights and claims resulting from and in connection with the conclusion and performance of the  contract on services is – irrespective of the factual or legal ground – limited as follows, the provisions in section 7 above  remaining unaffected: 

8.1 In case of willful or fraudulent intent, claims under the German Product Liability Law, as well as injury of life, body and health,  F24 will be liable in accordance with the legal regulations. In this context the limitations of liability below will not be applicable. 

8.2 In case of gross negligence the liability of F24 is limited to the typical damages which were foreseeable for F24 at the time of  entering into the contract. This limitation of liability will not be applicable in case of gross negligence of a legal representative or  executive officer of F24. 

8.3 In case of simple negligence F24 will only be liable to the extent as the damages were caused in breach of material  contractual obligations, such liability being limited to the typical damages foreseeable for F24 at the time of entering into the  contract. Material contractual obligations include such obligations that are essential to the proper performance of the contract and  upon which the obligee has relied, and may also be expected to rely upon, and the culpable non-performance of which  endangers achieving the purpose of the contract. Liability for typical, foreseeable damages is limited in amount to a maximum of  EUR 500,000.00 for property damage and a maximum of EUR 500,000.00 for purely financial losses.  

8.4 F24 will be liable under a guarantee accepted by F24 only to the extent as rights, claims and liability result from the explicit  wording of the guarantee statement. 

8.5 The customer’s contributory fault, if any, will be taken into account accordingly. 

8.6 In the absence of any other limitation of liability expressly agreed between the customer and F24, liability for typical,  foreseeable damages is limited to maximum € 500,000.00. If the customer finds that the typical, foreseeable damage might  exceed the above liability limits, the customer shall expressly draw the attention of F24 to this fact. In such a case the contracting  parties will agree a higher liability amount in exchange for the customer’s take-over of the costs incurred for a surplus insurance.  

8.7 Where the services can only be provided subject to the provision and availability of communication routes by  telecommunications services providers, F24 will assume no responsibility for the provision and availability of the communication  routes, unless such provision is denied due to the intentional or grossly negligent acting of F24. 

8.8 F24 will not be responsible for disturbances affecting facilities, devices and/or implements of communication which were not  provided by F24, unless such disturbance was caused intentionally or with gross negligence by F24. 

8.9 For claims for reimbursement of expenses and other liability claims against F24 the provisions of this section 9 will be  applicable accordingly. 

9. Use by Third Parties: 

The customer is not allowed to make available the provided service for use by third parties unless with the consent of F24. The  contractual relationship does not entitle the customer to make available the services to third parties. 

10 Other Covenants:  

10.1 Collateral arrangements, supplementing provisions, modifications of and amendments to the contract on services including  the specification of services require the written form to be effective. The waiver of the written form requirement must be made in  writing as well. 

10.2 The customer’s general terms and conditions of business will not be applicable, unless such applicability has been expressly  confirmed by F24 in writing. 

10.3 Upon expiration of the contract F24 will be entitled to either preserve or destroy all the documentation received from the  customer, unless mandatory legal regulations provide otherwise.  

10.4 Any assignment of rights or transfer of obligations is subject to the prior written consent of the other contracting party.  Section 354 a of the HGB (German Commercial Code) will not be affected by the above. 

10.5 Venue for all disputes under and in connection with the contract on services shall be Munich if the customer is a merchant  (as defined by German law) or a legal entity under public law, and provided that no other exclusive venue has jurisdiction  pursuant to German law. 

10.6 German law shall govern all the legal issues resulting under the services agreement and from its discharge, excluding the  application of the United Nations Convention on Contracts for the International Sale of Goods.

Additional proposal terms

1 Subject of the offer

With acceptance of this offer, the customer acquires the right to use F24’s Alerting and Crisis Management Service, FACT24, within the specifically agreed scope. (F24 also offer customised consulting, training, and development services (listed as Customising) as an additional option, and this will be subject to separate agreement).

The FACT24 service is based on systems operated by F24 (“Service Provider”). These systems enable customer administration as well as automatic notification, alarming and telephone conferences. They may also support the set-up of “information hotlines” for automatic processing of incoming calls and crisis management by providing functions including the setup of information hotlines at times of heavy call traffic and the FACT24 CIM for managing and monitoring critical events. In addition, flexible alarm management is now available on the move at any time with the FACT24 ENS+ app for iOS and Android.

The actual scope of services available depends on the FACT24 version specifically selected by the customer (cf. item 4). The scope of services and all other rights and obligations of the parties hereto are based on the statements contained herein as well as the General Terms and Conditions (appendix 5) for services supplied by the Service Provider.

2 Security and Data Protection

2.1 Safety aspects, availability

By providing multiple systems redundantly at different locations, the service provider increases the availability and reliability of FACT24. The service provider guarantees 99.99% availability annually for the FACT24 Alerting Service and 99.50% availability annually for FACT24 ENS+ Web Administration, FACT24 Web Service Interface and FACT24 CIM Application.

The Service Provider undertakes to make extensive technical and organisational provisions to protect customer data against loss and unauthorised access, and to generally meet all data protection and data safety requirements. Specifically, the Service Provider undertakes to take and implement all measures outlined in appendix 2.

Customer access to FACT24 is via infrastructures outside of the Service Provider’s sphere of influence, notably mobile or conventional telephone networks or the Internet. All statements as to availability made herein do not relate to these facilities but are deemed to apply only to the Service Provider’s sphere of responsibility. 

2.2 Confidentiality, data protection

The parties will treat all confidential information and business secrets of the other party obtained by virtue of the business relationship as confidential provided that such information is not demonstrably (i) otherwise publicly accessible, public knowledge or otherwise made publicly accessible or public knowledge without a breach of this non-disclosure agreement, (ii) already known by the other party at the time of acquisition or subsequently independently created by such other party independent of disclosure, or (iii) obtained by third parties without a breach of a non-disclosure agreement.

The Service Provider agrees to use all of the customer’s data solely in accordance with the provisions of the applicable data protection laws, notably for the purpose of performance of the contract, and to refrain from disclosing them or making them accessible to unauthorised third parties except with the customer’s express consent. 

Insofar as personal application data is collected, processed and used by the service provider on behalf of the client, the service provider will only process such data pursuant to documented instructions from the client. In this respect, the contracting parties agree to the validity of the order processing agreement attached to this contract as appendix 6.

The Service Provider will obligate to secrecy and confidentiality all employees assigned to the performance of the contract.

The Service Provider’s obligation to secrecy will continue beyond termination of the contract.

The service provider undertakes to comply with all provisions of applicable general and industry-specific data protection laws. Our Data Protection Officer will be happy to answer queries at any time and can be reached at tel. +49 89 2323 638 0; dataprotection@f24.com.

You will find the FACT24 procedural message in appendix 4.

3 Client Obligations 

For data protection purposes, data transmission to the FACT24 service is via encrypted and secure internet connection (Transport Layer Security (TLS)). All browsers using FACT24 must support TLS.

Telephonic dialogue with FACT24 is via tone dialling (MFV or DTMF). For that reason, customers’ or alarmed persons’ telephones used for activation and confirmation must support tone dialling.

The customer is responsible for ensuring that it provides a telephone number for telephone alarms that is assigned to it and that it is entitled to use.

The customer is solely responsible for the administration and operative application relating to FACT24. Obtaining and maintaining adequate skill and experience levels for the assigned operating personnel is the customer’s responsibility. Upon customer request the Service Provider will offer appropriate training courses.

The customer is obliged to perform at least two test alarms every six months and per account to test system behaviour and identify potential defects.

The customer is obliged, for safety reasons, to always verify receipt of the first alarm report. If the customer is still awaiting the alarm report following a lapse of 5 minutes after the time set by him, customer shall be required to test for proper alerting in a different manner. If it is evident to the customer that the alerting was not activated correctly, he shall be required to test it on his own in a different, alternative manner.

Customer agrees to immediately notify the Service Provider in writing of any conspicuousness, interruption, faults and defects in conjunction with FACT24.

The customer will provide the Service Provider with the names and contact details of its designated representatives (with authorisation to issue instructions).

4 Duration of contract and discounts

The term of contract commences on TBC.

The basic term of the agreement is 36 months. Shorter or longer basic terms may be agreed for a supplementary fee or discount on all standing charges throughout the full term and any extension periods. The Parties specifically acknowledge the length of the notice period has been fixed taking into consideration the nature and the planned duration of the contractual relationship between the Parties.

Fees are payable 30 days after invoice date.

The contract will be renewed by another twelve (12) months (period of renewal) unless terminated in writing by either of the parties hereto three (3) months prior to expiry of the basic term or corresponding period of renewal. 

7 Acceptance of offer, other

For purposes of accepting an offer, please refer to this offer in your order, preferably by returning such offer containing your legally binding signature.

This offer will be valid eight (8) weeks from its date of preparation. The General Terms and Conditions of Business for Services of F24 shall apply (appendix 5). To obtain a current version of our General Terms and Conditions please go to: https://www.f24.com/docs/terms_conditions_F24_EN.pdf

If any individual provisions of a contract concluded based on this offer are or become invalid, this does not affect the validity of the rest of the contract. The parties will agree an effective provision to replace any such provision, which comes as close as is possible to the substance of the invalid provision.

8 The current subject matter of the contract

If the current offer is an extension of an existing contract between the service provider and the customer all points previously agreed in contractual documents, including attachments shall remain valid. Only the change of the service (upgrades/downgrades, persons packages, other additional services, etc.) will change in the present contract.

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For questions or concerns about these terms, it is important to contact us or a representative of your program with Fixinc to discuss before signing  this proposal. Upon signature and acceptance, these terms are binding.

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