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Terms & conditions for the use of QuikPlan Schedule Expert

For the use of QuikPlan Schedule Expert

By using QuikPlan or any of our products or services as a visitor or customer, you are agreeing to the following terms and conditions (“Terms of Use”). Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applying to your use of our services.

Any QuikPlan software including all versions is owned wholly by QuikPlan Limited. This agreement constitutes an agreement between you (including all employees at your company) and QuikPlan Limited governing your use of the service, superseding any prior agreements between you and QuikPlan Limited. (including but not limited to any previous version of this agreement).

QuikPlan Limited reserves the right to update or change this agreement without notice. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of QuikPlan Limited to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Violation of any of the terms below may result in the suspension or termination of your Account or License. Whist QuikPlan Limited prohibits unauthorised conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.

Definitions

“We”, “Our” or “QuikPlan” means QuikPlan Limited;
“You” means you, the person using our products, services or visiting our Website;
“Services” means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website and our computer servers;
“Service Availability” is defined as the ability to access and use the QuikPlan application.

Terms

1.     You must be a person. (Accounts registered or run through automated methods are not permitted).

2.     You must provide your full legal name, a valid email address and any other information requested by QuikPlan Limited in order to complete the signup process and subscription license.

3.     You are responsible for maintaining the security of your account login information (Username & Password) QuikPlan Limited cannot and will not be liable for any loss or damage from failure to comply with this security obligation.

4.     You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Account Billing, Invoicing and Refunds

1.     Payment is due in advance at the start of each billing cycle. Your billing cycle starts on or before the 12^th day that your QuikPlan account was created if paying by Direct Debit or on the day of the month your account was set up if paying by credit card. Late payments may result in account suspension and possible cancellation.

2.     The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

3.     Payment is to be made by credit or debit card or direct debit unless otherwise agreed by QuikPlan Limited.

 Cancellation, Termination and Right to Monitor

1.     30 days notice in writing is required to cancel your subscription with QuikPlan Limited. The date of termination will commence on receipt of your cancellation notice by QuikPlan Limited and not the date of your cancellation notice. If you specify a cancellation date greater than 30 days from the date we receive your cancellation notice, then termination will be on the date you have specified.

2.     Upon cancellation of an account, payment is to be made up to the end of the billing period you are in after the 30 day notice period has expired, no refunds will be given.

3.     Cancelled accounts will have their data archived in a secure backup facility for 1 month. This data can be deleted or supplied within this timeframe upon customer request. You can also choose to let QuikPlan Limited keep it archived on their servers for a nominal monthly fee of £19.00 + VAT

4.     QuikPlan Limited has no obligation to monitor customer accounts but does need full access to customer accounts at all times to provide product training, support and maintenance.

5.     QuikPlan Limited reserves the right to terminate accounts (Trial and Paid) at will. Discretion will be used, and action may be taken if needed to ensure server integrity for other customers.

6.     Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any QuikPlan Limited customer or employee will result in immediate account termination.

Right of Refusal

1.     QuikPlan Limited has the right to accept or decline trial and paid account requests at will.

2.     Applications will not be accepted if the applicants use is contrary to QuikPlan Limited’s strategic plan, or the company in question shows any cause for concern.

Modifications to the Service and Prices

1.     QuikPlan Limited reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.

2.     Prices will be reviewed every 6 months and adjusted accordingly if needed. QuikPlan Limited reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.

3.     Updates and upgrades to QuikPlan Limited products are made regularly, as necessary.

4.     You must not attempt to modify, adapt or hack the service or servers or modify our website so as to falsely imply that it is associated with the service, QuikPlan Limited or any other QuikPlan Limited product.

Service Availability and Support

1.     QuikPlan Limited makes all efforts to prevent any disruption to service during any update or upgrade. There may be times where QuikPlan is inaccessible for a period necessary to undertake maintenance work or repairs. Updates and upgrades are scheduled to avoid peak usage times.

2.     QuikPlan Limited is committed to providing excellent customer service. We aim to answer most product support calls within a hour however QuikPlan Limited makes no time limit guarantees.

3.     You may email or phone us for support during normal working times 9am-5pm, Mon-Fri based on GMT excluding bank holidays or any notified shut down periods.

4.     We provide an out of hours support service for emergencies such as service availability. To request out of hours support you can email us or leave a message on our 24/7 answering service. We do not guarantee you a time limit on returning out of hours calls but we would expect to respond within 12 hours. We do not offer product support outside normal working hours.

 QuikPlan Unlimited Support Contract

1.     QuikPlan Limited offers remote interactive support and training along with database and data error fixes for your program during normal office hours. You may have a free period of support (usually three months) when you first subscribe to QuikPlan Limited.

2.     After your free support period you can continue with the unlimited support for a monthly fee that will be added to your subscription payments. The cost of the unlimited support can be found in our price list on our web site and is subject to the number of user licenses you have at the time. After the initial free support period the payments for unlimited support will be automatically added to your subscription unless you inform us otherwise.

3.     If you choose to subscribe to unlimited support it must be taken out against every user license you have subscribed too. You can not subscribe to less support licenses than you have user licenses.  

4.     Unlimited support does not have any restrictions on how much you use the service for interactive support or database fixes however QuikPlan Limited may levy a charge against database fixes if they deem the error to be negligent misuse or avoidable operator errors.

5.     If you choose not to take the unlimited support and require assistance then you will be charged £1.50 per minute for interactive or telephone support and £80.00 per hour for database and data error fixes. All prices quoted are subject to VAT at the time of billing, this charge will be added to your monthly subscription for the period in question.

 Code and Data Ownership

1.     Any data entered in your QuikPlan database or uploaded to the service remain yours and can be supplied if needed as a digital file upon request. The data can be exported in several popular file formats including .csv. The field definitions on exported files are as designed and my not be compatible with other third party software products.

2.     You are not entitled to a copy of QuikPlan Schedule Expert GUI (graphical user interface).

3.     QuikPlan Limited does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service.

4.     Any and all code, including the look and feel is owned by QuikPlan Limited. You may not duplicate, copy or reuse any portion of the visual design elements or methodology of the program.

5.     QuikPlan Limited houses all software on our owned/rented servers. Unauthorised distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent form QuikPlan Limited.

6.     The QuikPlan code will not be accessible for any subscription accounts.

 Data Loss & Backups

1.     QuikPlan Limited will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.

2.     QuikPlan Limited will be responsible for ensuring one daily backup of the subscription account data and the server itself.

 Privacy

1.     QuikPlan Limited will at all times be committed to ensuring privacy of information. Any information submitted by the customer will only be used by QuikPlan Limited in the manner intended by the customer or by the terms of this agreement.

2.     We will never distribute your information to third parties, and all QuikPlan Limited staff are under extensive confidentiality and non-disclosure agreements.

3.     While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.

4.     For credit card related privacy information see the Privacy Policy.

Licensing

1.     QuikPlan operates a concurrent user license scheme meaning that any person within your organisation who is authorised to use QuikPlan will take up a license while logged on. When that person logs off the license is made available for other users. You are not governed by the amount of computers you use QuikPlan on or the amount of people you have given permission to use QuikPlan. Two user licenses means that any two people can be logged on and using QuikPlan at the same time.

2.     Licenses cannot be transferred to other parties without the written consent of QuikPlan Limited.

Variable services and third party add-ons

1.     Variable services such as SMS text messaging and call monitoring are provided by third parties and are subject to their terms and conditions along with ours.

2.     For some third party add-ons it may be necessary for you to deal that company directly. QuikPlan Limited will provide the interface for third party software but does not warrantee or support any services supplied by a third party providers.

3.     QuikPlan Limited does not guarantee the quality of service or the integrity of data form any third party providers.

4.     Prices and terms and conditions for third party services are out of QuikPlan Limited’s control and may be altered at any time.

Warranty

1.     Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2.     QuikPlan Limited does not warrant that:
The service will meet your specific requirements
The service will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the user of the service will be accurate or reliable

3.     You expressly understand and agree that QuikPlan Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if QuikPlan Limited has been advised of the possibility of such damages), resulting from
> The use or inability to use the service
> The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
> Unauthorised access to or alteration of your transmissions of data
> Statements or conduct of any third party on or involved in providing the service
> Any other matter relating to the service.

General

1.     Nothing in this agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

2.     QuikPlan Limited may terminate your license if you fail to comply with the terms of this agreement or if you fail to meet your obligated payments for use of the program. If QuikPlan limited does so, your authorisation to use the program is also terminated.

3.     If QuikPlan Limited has cause to take legal action and employ a third party to recover a debt or represent us in the case of litigation, then the cost of such action will be added to any monies due or awarded to QuikPlan Limited.

4.     All disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts.

5.     QuikPlan Limited reserves the right to charge interest on outstanding debts at 2% per month. 

6.     Neither you nor QuikPlan Limited will bring a legal action under this agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

7.     Neither you nor QuikPlan Limited is responsible for failure to fulfil any obligations due to causes beyond its control.

Head Office Location
The head office of QuikPlan Limited is: 2 Beauchamp Road, Malvern, Worcestershire, WR14 1RT, United Kingdom.