QuikPlan software is licensed to you by QuikPlan Limited (QuikPlan) (Software Provider) your hardware will be provided by one of our Recommended Partners or supplied by you (Hardware Provider). You will also need to enter into a separate agreement with a Mobile Network Provider to receive services.
A – QuikPlan Mobile application software
1. QuikPlan Mobile is a mobile phone application that only works in conjunction with QuikPlan Schedule Expert business management software. It must only be used on approved mobile devices supplied by our Recommended Partners or provided by you, and registered with QuikPlan.
2. You are offered as many demonstrations as you feel necessary to evaluate that QuikPlan Mobile is fit for your purpose.
3. Your subscription for QuikPlan Mobile is on a 30 day monthly contract in accordance with the QuikPlan Terms and Conditions. The terms of your subscription are detailed on your Order Form. If you have contracted with one of our Recommended Partners for your solution, support and training, separate terms will apply.
4. If you do NOT wish to continue using QuikPlan Mobile you can end your subscription by giving QuikPlan 30 days advance written notice however you will still be required to fulfil your contractual obligations with either our Recommended Partner, your own hardware provider and your chosen network carrier.
B – Recommended Partner Mobile Phone Hardware and Network Carrier Contract
1. Your mobile phone hardware is supplied independently by you or to you on approved devices by our Recommended Partner on their standard terms.
2. Your mobile network contract is supplied independently to you by your chosen mobile network carrier on their standard terms.
The contracts you enter into for QuikPlan Mobile Solution
To receive the QuikPlan Mobile Solution you understand that you will be entering in to three separate contacts that are in no way associated with each other and you confirm that you understand the commitments you are entering into.
By accepting this agreement you confirm your understanding that should you choose to stop subscribing to QuikPlan Mobile before the end of your contract period with your network carrier or our Recommended Partner QuikPlan are not liable in any way for costs associated with Devices, on-going network or mobile charges (or any other charges whatsoever) should you choose to stop subscribing to QuikPlan Mobile before the end of your contract period with your network carrier or our Recommended Partner.
MOBILE DEVICE END USER LICENCE
These terms shall apply to any Software licensed for use in connection with a Device. These terms are supplemental to the additional terms available at http://www.quikplan.co.uk/master-service-agreement-terms-and-conditions.html (the “Additional Terms”) which apply to the extent you have ordered services other than Software from QuikPlan
In these Conditions, the following definitions apply:
Customer: means you, the business or person purchasing the Software and the Services.
Instruction Documents: the documents made available to the Customer by QuikPlan from time to time which sets out the user instructions for the Software and/or the Services.
Device: the device recommended by QuikPlan and issued by our Recommended Partner or supplied by Customer (the IMEI of which is registered with QuikPlan), on which the Software is installed.
Services: the Services to be provided by QuikPlan and/or a Recommended Partner to the Customer and its Authorised Users under this Agreement including the provision of access to the Software and any Support Services to be provided or any Additional Services as further described in the Order Form.
Software: the online and off-line software applications, including the QuikPlan Mobile Application provided by QuikPlan as part of the Software and the Services and as further detailed in the Order Form.
Support Services: those support services or other support or training services requested by the Customer to be provided or performed by QuikPlan and or a Recommended Partner as further detailed in clause 7 of the Additional Terms and further described at http://www.quikplan.co.uk/unlimited-support-contract.html.
1. MOBILE APPLICATION LICENCE
1.1 The Customer acknowledges and agrees that by downloading, installing or otherwise accessing the Software it agrees to be bound by the terms and conditions of the Mobile Application User Licence.
1.2 In consideration of the Customer paying for a Mobile Application User Licence, QuikPlan grant the Customer a non-exclusive, non-transferable licence to use the Software for its internal business purposes only on the Device.
1.3 The Customer must register the IMEI of each Device in order to use the Software.
2. SOFTWARE UPGRADES AND UPDATES
2.1 QuikPlan may develop or issue upgraded versions of the Software from time to time. At its sole option, and for a fee to be determined, QuikPlan may make such upgrades available to the Customer.
2.2 The Customer undertakes to replace the current version of the Software with any updated or upgraded version or new release provided by QuikPlan under the terms of this Agreement immediately on receipt of such version or release.
2.3 Software upgrades and updates are installed entirely at the Customer’s own risk and, subject to the terms and conditions of this Agreement, QuikPlan does not assume any responsibility for them, their performance, features, failures or the Customer’s use of them.
3. HARDWARE DEVICES PROVIDED BY RECOMMENDED PARTNERS
3.1 The Customer’s use of any Devices is governed by the terms of their agreement with the provider of those Devices, and its warranties. Use of Devices is entirely at the Customer’s sole risk. The Customer acknowledges that QuikPlan gives no warranty and has no liability in respect of the Devices, their performance, features or failures and QuikPlan hereby disclaims all such liability to the maximum extent allowed by law.
3.2 In respect to its use of Devices, the Customer agrees to:
(a) at its own expense and at all times keep Devices in good repair, condition and working order, properly serviced and maintained, and make no alternation or remove any existing components of the Device; and,
(b) use Devices in a skilful and proper manner and in accordance with any operating instructions and/or guidelines issued for them by QuikPlan a Recommend Partner and or the manufacturer and to ensure that the Devices are only used by properly skilled and trained personnel.
3.3 Hardware Support: QuikPlan does not offer maintenance or support services for Devices. Where QuikPlan or a Recommended Partner provide Devices, QuikPlan or the Recommended Partner (as appropriate) will provide a single point of contact between the Customer and the third party. Support and maintenance services provided by third parties will be governed by the terms of your agreement with them. QuikPlan shall not be responsible in any way for any acts or omissions of such third parties (including its Recommended Partner), disclaims all liability for, and makes no representation or warranty that any service requests or any Support Services dependent on a response from a third party shall be fixed or responded to within a specified period of time.
3.4 QuikPlan makes no guarantees that the Software will be operable with any devices not approved by QuikPlan. QuikPlan will not be liable in any way for any loss, corruption, modification, inaccessibility of any customer data, applications or other software resulting from the use of the Software on any device or arising from the Customer’s operating environment.
4. INTERNET ACCESS ON DEVICES
4.1 In order to access the entire functionality of the Software, the Customer must ensure it has full internet access through a GPRS, 3G or WiFi connected Device. All traffic charges or access charges occurring due to the use of the Software are subject to the normal terms of the Customer’s mobile network operator. QuikPlan is in no way responsible for the operation or failure of operation or availability of or access to any internet services resulting in the Customer being unable to use the Devices, Software and/or Services.
5. PROVISION OF SERVICES
5.1 QuikPlan shall use commercially reasonable endeavours to make online access to the Software available 24 hours a day, seven days a week, except for scheduled maintenance, provided that QuikPlan will give the Customer reasonable advance notice and use all reasonable endeavours to minimise any disruption to the Customer’s use of the Software. QuikPlan does not warrant that the Customer’s use of the Software will be uninterrupted, error-free or completely secure nor that the Software, information or data obtained by the Customer through the Software will meet the Customer’s requirements. QuikPlan is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and any Devices, and the Customer acknowledges that the Software, Devices, and Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5.2 The Customer shall:
(a) ensure that the Authorised Users (as defined within the Additional Terms) use the Software and Services and the Instruction Documents in accordance with the terms and conditions of this Agreement and shall be responsible for any breach of this Agreement;
(b) ensure that Authorised Users are properly and fully trained in the use and operation of the Software, Services and any Devices before using the Devices and/or Software and/or Services.
(c) only allow Authorised Users to access the Services and undertake to take all necessary steps to prevent access to the Devices, Services or Software by any person except Authorised Users.
(d) ensure that its Customer operating environment and any Devices comply with the relevant specifications provided by QuikPlan from time to time;
(e) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems and Devices to QuikPlan’s data centres, the Software and Services, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Devices, network connections or telecommunications links or caused by the internet;
(f) Use reasonable security precautions in connection with its use of the Software, Services and Devices. The Customer is responsible for taking all reasonable steps to mitigate the risks inherent in the provision of the Software, Devices and Services, including data loss.
5.3 Software Support:: If requested by the Customer, and subject to the Customer’s agreement to pay the appropriate additional Fees as set out in QuikPlan’s and/or a Recommended Partner’s then current price list, QuikPlan and/or the Recommended Partner will provide the Support Services to the Customer during between 9.00 am to 5.00 pm GMT, each day which is not a Saturday, Sunday or public holiday in the UK.
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