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Decorus 365 Monthly Subscription Agreement

 

Introduction, Summary and Important Notes

 

This agreement governs your use of Decorus 365 Software. By accepting this agreement, you agree to the following;

     A Non-refundable Initial setup fee of £995 +VAT

     A Pay as You Go Agreement - 30 days cancellation notice period required, written or     E-mailed

     Monthly Subscription Payments collected by Direct Debit

 

Upon cancellation, your account will be suspended and your access to the software removed after this period and your direct debit payment will be cancelled. Your Sage data will be sent to you along with your copy of Sage.

 

Visionbase Software and You

 

1. Terms of the Software as a Service License: This license allows you to use the software for the numbers of licences rented on a rolling monthly contract until 30 days notice is given or untill the software is no longer supported.

2. Restrictions on use: unless Visionbase Software Ltd has authorized you to distribute the software, you shall not make or distribute copies of the software or transfer the software from the Decorus Server to another computer. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the software, or use the software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the software or create derivative works based upon the software. You shall not rent, lease, resell, sub license, assign, distribute or otherwise transfer the software or this license. Any attempt to do so shall be void and of no effect.

Any changes made to the Decorus 365 Cloud Environment are not supported by Visionbase Software Ltd and violate the terms and conditions. This includes; installation of additional applications, changes to the internet settings, damage caused by user introduced malware. Should the Decorus 365 Cloud Environment have to be rebuilt due to changes made to it by the user, a repair charge to get the system back up and running may be required.

3. Ownership: this license provides you with limited rights to use the software. Visionbase Software Ltd retains all ownership, right, title and interest in, to and of the software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Visionbase Software Ltd. We reserve the right to change our prices at any time. 30 days notice will be given before any price change.

 

 

Customers are responsible for their own Decorus 365 and Sage backups saved in the Decorus 365 Environment and are therefore recommended to keep copies both on the Decorus 365 Environment as well as their own systems/servers. Should the customer need to restore back their data with no available backups Visionbase Software Ltd support will do their best to assist with data recovery however the liability lies with the customer.

4. Proprietary Markings: Visionbase Software Ltd, Decorus logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to Visionbase Software Ltd. You shall not remove or obscure Visionbase Software Ltd copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the software.

5. Disclaimer of Warranties and Technical Support: The Software is provided to you on an "as is" basis, without warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non-infringement. Technical support is available at http://www.decorus-pms.com/log-in, where we will endeavour to reply to you as soon as possible, or within 8 working hours.

Support covers the general use of Decorus. Financial support relating to Decorus 365 is provided where possible, however it is the responsibility of the customer to investigate financial information if it is incorrect. Under no circumstances will Visionbase Software Limited get involved with the reconciliation of your accounts. This is the responsibility of your accountant.

6. Hardware: Your hardware and network configuration are not supported by Visionbase Software Ltd. It is the responsibility of the customer or their IT department to ensure their hardware configuration meets the specification.

7. Limitation of Liability: Visionbase Software Ltd SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Visionbase Software Ltd OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Visionbase Software Ltd and you. You agree that would not be able to provide the limitations.

8. Licensing: Visionbase Software may wish to validate your license if they feel the software is being used illegally. This will involve logging on to your cloud environment to ensure you are using the software legally. If found to be used illegally your licence may be terminated.

9. Installation: Details to install the remote desktop link to the Decorus 365 Cloud Environment are provided to the users via E-mail or on request through the customer support suite. The installation is to be carried out by the user and is not covered in standard support. Should the user require the installation to be carried out for them, an additional charge of £30 +VAT is to be paid before this is carried out.

 

10. Decorus 365 Subscription Package: Can be cancelled at any time by giving Visionbase Software 30 days’ written notice, either write to us or E-mail at  info@visionbasesoftware.co.uk

Please Note: The initial setup fee of £995 +VAT and any other payments made are non-refundable.

11. Disclaimer on enclosed documents. Whilst all reasonable care has been taken in the preparation of the documents in the files on this software, no responsibility will be accepted by the suppliers for any loss occurred to any person as a result of any statement, omission, inaccuracy or inadequacy therein contained. However, nothing can take the place of professional legal advice which should always be sought before entering into any binding contract.

12. General Provisions (a) This Agreement shall be governed by the laws of the United Kingdom (b) This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. (c) All questions, comments or concerns with respect to this Agreement shall be directed to: Visionbase Software Ltd, Omega Court, 370 Cemetery Road, Sheffield S11 8FT.