Big Blue (Marketing) Limited
Terms and Conditions
When confirmation of your order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
We deliver your order right away. We will normally send your order to you in two business days by UPS Standard Delivery. A signature is required on receipt.
If your item is not in stock, we will email you before deciding how to proceed.
Taxable items have VAT (sales tax) added at the current rate.
Any credit card details you entered are transmitted over a secure (SSL) link and stored using 128-bit encryption.
Customers from the European Union who order directly on our web site are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm. No returns or refunds will be given once the seal on the software CD case has been broken or once the license number has been registered with the software manufacturer.
If you need to contact us, please use the Contact us link on the web site.
We do not disclose buyers’ information to third parties other than when order details are processed except as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
This contract exists between Big Blue (Marketing) Limited of Wolverhampton, (BBM), and the client to clarify the understanding and expectations of both parties when software is purchased or whilst support work is being undertaken on behalf of the client.
Big Blue Marketing Limited is an Authorised Sage Business Partner and supplies software manufactured by third parties and also provides on-site support for the installation and configuration of Sage ACT! software on clients’ systems. In doing so the client benefits from our knowledge and expertise, in the installation, configuration and maintenance of the software.
Sage ACT! software, has been thoroughly tested and successfully installed on thousands of computers throughout the world so we have a high degree of confidence that, providing your system meets the recommended technical specifications, the installation will go extremely smoothly.
However, computers and their associated software and networks are complicated and sophisticated systems. The client must understand that in making any change, alteration or software addition to an existing system there is a risk that unforeseen incompatibilities in hardware or software might cause the new software to function improperly, or for some functions to be restricted. There is also a risk that the existing software infrastructure might malfunction.
The client agrees that they have satisfied themselves that the software purchased fully meets their requirements, and that they are satisfied that their computer systems meet the recommended technical requirement specified by sage.
If on-site support has been purchased, the following conditions apply.
As Sage trained and certified ACT! Product Specialists we exert due diligence in assessing the suitability of a client’s computer system to run the new software, and we advise the client of any visible potential risks.
Article 1. Our Responsibilities are as follows:
1. At the quotation stage we estimate, based on our experience, how many days support might be required in order to assist the client to implement the specified project.
2. Our contract is purely to provide on-site support for the number of days specified in our quotation. A day’s support will be a minimum of six hours, and a maximum of 8 hours, between 9:00 am and 17:00 pm, Monday to Friday as agreed between the two parties.
3. Whilst every effort will be made to assist the client to complete the scope of the project within the allotted time we can make no guarantees that the project will in fact be completed after this time. Our contractual commitment to the client ends at 5:00pm on the last day of our support contract.
If additional on-site support time is requested by the client and agreed by ourselves, this will be regarded as a separate contract, incurring an additional charge at our standard day-rate. Whilst every effort is made to provide additional support days straight away this is not always possible and an alternative, mutually convenient date will be found.
4. We do not offer on-going technical or operational support for Sage ACT Software unless specifically agreed in writing. We do strongly recommend that the client purchases a SageCover contract from us which entitles the client to 12 months telephone and email support directly from Sage UK ACT! Software Support Team.
Article 2. The Client’s Responsibilities are as follows:
1. To ensure that they fully understand and fully accept the terms of the Software Licence Agreement.
2. To ensure that the hardware and software fully meets the recommended technical specifications provided by BBM, and to inform BBM of any anomalies or shortfalls.
3. To ensure that all data is backed-up securely before any changes are made to their computer system.
4. To ensure that a competent I.T. support person is available when we are on-site to:
a. Offer general advice, and to advise of any potential problems.
b. Determine where the program files and database files are to be installed.
c. Provide Local Administrator user names and passwords for each computer on which the software is to be installed.
d. To temporarily disable anti-virus software, and Spyware products during the software installation and to take suitable precautions to protect the system from attack during this period.
e. Provide network, computer and folder access / permissions as required to facilitate the operation of the software.
f. Provide POP3 and STMP e-mail account details as required.
5. To agree that all risk involved with the software installation is fully understood and borne in its entirety by the client. Big Blue Marketing Limited and their employees accept no liability whatsoever for software, hardware or network functionality problems arising at the time of, or subsequent to offering support in the software installation, or for loss of data, business or revenue that may or may not have arisen from supporting the client in the implementation of their Sage ACT! software installation.
Article 3. DISCLAIMER OF WARRANTIES AND LIABILITY YOU SHOULD ENSURE YOU UNDERSTAND THIS CLAUSE
Section 3.01 Subject to Section 3.02, Big Blue (Marketing) Limited warrants that for a period of thirty days from the date of installation of the ACT! Software (the “Warranty Period”) the ACT! Software , when used in accordance with the Documentation, will substantially provide the functions, facilities and perform as described in the Documentation, or if there is none, section 1.01. Provided you notify Big Blue (Marketing) Limited in writing during the Warranty Period that the ACT! Software does not conform with this warranty, Big Blue (Marketing) Limited shall attempt to replicate and verify such non-conformance and if Big Blue (Marketing) Limited does so, Big Blue (Marketing) Limited in its sole discretion will either issue a fix, patch or update to correct that non-conformance, or (if Big Blue (Marketing) Limited does not issue one), refund to you the licence fee you paid for the use of the ACT! Software under this Agreement.
Section 3.02 Big Blue (Marketing) Limited does not warrant that the ACT! Software will meet your requirements nor that operation of the ACT! Software will be uninterrupted or error-free. Big Blue (Marketing) Limited does not warrant or make any representation regarding the use of the ACT! Software or the results of such use in terms of correctness, accuracy, reliability or otherwise. Subject to Section 3.03, no oral or written communications by or on Big Blue (Marketing) Limited’s behalf shall create a warranty or in any way increase the scope of the above warranties
Section 3.03 The warranty in Section 3.01 is exclusive and instead of all other warranties, representations and conditions, express or implied, statutory or otherwise, including any implied warranties of satisfactory quality and fitness for a particular purpose. You are responsible for the consequences of using the ACT! Software.
Section 3.03 Nothing in this Agreement shall exclude or limit Big Blue (Marketing) Limited’s or any licensors’ liability for: (a) fraud, (b) death or personal injury arising out of Big Blue (Marketing) Limited’s or any licensors’ negligence; or (c) any warranty about title or uninterrupted possession implied by statute.
Section 3.03 Subject to Section 3.03, in no event will Big Blue (Marketing) Limited (or any company which controls it, is under its control or is controlled by the same company which controls it), or any of its licensors be liable for:
(a) lost income, lost profits or lost business, wasted time, anticipated savings, lost goodwill, third party costs and charges, any business interruption or loss of or corruption of data, in each case whether caused directly or indirectly; or
(b) any indirect, consequential, incidental or special damage,
in the case of each of sub-sections (a) and (b), however caused and whether arising under contract, tort including negligence, statute or otherwise, even if Big Blue (Marketing) Limited knew of such potential liability.
Section 3.04 Subject to Sections 3.03 and 3.03, the maximum aggregate liability of Big Blue (Marketing) Limited (or any company which controls it, is under its control or is controlled by the same company which controls it) or any licensor shall not exceed the amount of licence fees actually paid by you to Big Blue (Marketing) Limited relating to your installation and use of the ACT! Software under this Agreement.
Section 3.07 Big Blue (Marketing) Limited shall not be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control.
Section 3.08 Big Blue (Marketing) Limited’s limitation of liability has been calculated to reflect the licence fee you paid to use the ACT! Software and that it is not within Big Blue (Marketing) Limited’s control how and for what purposes you install and/ or use the ACT! Software.
Article 4. MISCELLANEOUS
Section 4.01 Governing Law. This Agreement shall be subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Section 4.02 Amendments; No Waiver. No section of this Agreement may be changed, waived, discharged or amended except by an instrument in writing signed by both you and Big Blue (Marketing) Limited. The delay or failure of either Party at any time to require performance by the other of any of the terms or provisions herein shall in no way affect the right of that Party to thereafter enforce the same.
Section 4.03 Binding Effect; No Assignment. This Agreement shall be binding upon and inure to the benefit of both you and Big Blue (Marketing) Limited. This Agreement and the rights granted hereunder may not be assigned or otherwise transferred by you without the prior written consent of Big Blue (Marketing) Limited, and any such purported or attempted assignment or transfer without the prior written consent of Big Blue (Marketing) Limited shall be void and unenforceable.
Section 4.03 Severability. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this Agreement which will remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it valid and enforceable.
Section 4.03 Entire Agreement. This Agreement constitutes the entire agreement between you and Big Blue (Marketing) Limited with respect to the matters dealt with in it, and supersedes all documentation, information and other communications (in each case whether spoken or written) between the parties with respect to those matters. You acknowledge that in entering into this Agreement you have not relied on any documentation, information, representation, warranty, collateral contract or other assurance (except those set out in this Agreement) made by or on behalf of Big Blue (Marketing) Limited before the date of this Agreement. You waive all rights and remedies which, but for this clause might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance. Every sentence of this clause is subject to Section 4.01.
Section 4.04 Use of information. You shall provide us with any information that we may reasonably request from time to time and which we reasonably require in order to fulfil any of our contractual obligations under this Agreement or any other agreement we may have with any of our licensors, sub-contractors or agents, including personal data (to the extent that any information that we request requires you to disclose to us any personal data (as the term ‘personal data’ is defined in section 1(1) of the Data Protection Act 1998)). Furthermore, you acknowledge that we may disclose any such information to any of our licensors, sub-contractors or agents in order to fulfil our contractual obligations under any agreement we may have with such licensors, sub-contractors or agents.
Section 4.07 Third Party Rights. Nothing in this Agreement shall confer on any other person any right or benefit under the Contracts (Rights of Third Parties) Act 1999, except that the benefit of section 4 may be exercised by the relevant other persons, although the terms of this Agreement may be varied or terminated without their consent