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A
service provider shall be described
as a "Provider". A "Client" is a
client of the Provider. A "User",
is an employee or user of the Provider's Client.
Mark Andrew Smith Limited will be
described as the hosting company who
hosts and maintains the "System", Case Centre Pro, and
provides regular software maintenance
updates. Case Centre Pro will also
be known as the "System" or by its
initials CCP.
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Mark
Andrew Smith Limited will from time to
time contact the Provider to ensure that
the system continues to meet their
requirements, and to develop further the
system to assist them in their role as a
service provider.
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At no
time will Mark Andrew Smith Limited
contact a Provider's Client nor any User of the
Provider's Client.
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Mark
Andrew Smith Limited will not share any
Provider, Client or User contact data
with any other third party, nor use any
data mining technology.
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This
contract includes that the Provider has
entered into a
non disclosure agreement
with Mark Andrew Smith Limited to
protect the solutions knowledge base technology that is
present within the system, and not to
share the solutions with other Providers
without the agreement of Mark Andrew
Smith Limited.
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Any
solutions that a Provider may publish
within the System shall fall under the
above non disclosure clause.
However, the Provider will allow Mark
Andrew Smith Limited to share any
solution with other Providers to in a
peer reviewing agreement ensure the
continued quality of solutions.
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The
Provider may use the solutions
technology for their own use in
resolving their own Clients cases.
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Mark
Andrew Smith Limited shall host the case
management system called Case Centre Pro
on a globally clustered web portal
system to achieve 99.5% up time or
better.
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Mark
Andrew Smith Limited shall take regular
backups of the system and keep them at
various secure locations around the
globe.
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Mark
Andrew Smith Limited shall offer a free
version of Case Centre Pro for both
demonstration purposes, and also to
allow smaller and start-up service
providers access to our quality
software free of charge. The free version
may
have some limitations.
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Mark
Andrew Smith Limited reserves the right
to display adverts on any free version
of the system.
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There
are no setup costs, however there is a
single admin fee equal to one months
payment to cover contract and accounts
servicing over the life span of the
Provider, albeit for one month, or many
years.
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In
order to reduce administration costs for
both Mark Andrew Smith Limited and a
Provider, Mark Andrew Smith Limited will
provide an annual invoice even for
monthly paying Providers.
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Providers choosing to settle an annual
account (which incorporates 20%)
discount, shall pay one single
electronic funds transfer on the 1st of
the next month, and be treated as if they are
then
12 months in credit.
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Except
for the free version, Mark Andrew Smith
Limited expects to be paid on the 1st of
every month in advance by electronic
funds transfer
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Providers changing tariffs, ie yearly to
monthly or monthly to yearly, will be
subject to an admin fee equal to one
months payment to cover contract
amendment and accounts invoicing/credit
note costs. A new 12 month invoice
will be raised at any new rate.
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Providers changing versions, ie
upgrading or down grading their version,
will be subject to an admin fee equal to
one months payment at the higher of the
two tariff versions to cover contract
amendment and accounts invoicing/credit
note costs. A new 12 month invoice
will be raised at any new rate.
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Mark
Andrew Smith Limited reserves the right
to vary the price of the service based
on exchange rate fluctuations, market
conditions, or promotion. Any new
rate affecting a Provider will be
notified with at least one months
notice, and will be applicable from the
next invoice date at the new rate.
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A
Provider may choose to terminate their
contract with a months notice, and a
balancing credit note will be issued.
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The
minimum contract length is one month.
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There
are no refunds as this is a pay as you
go service with payment in advance.
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Mark
Andrew Smith Limited reserves the right
to alter the terms and conditions of
contract informing Providers and giving
at least one months notice.
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Missed
or non payments will assume contract
expiry, and the Providers account
closed with potential loss of data. It is the responsibility
of the Provider to ensure that a payment is
made in good time.
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Upon
closing a Providers account, the
account, logon, and any details shall be
removed, along with any Case, Client and
User Detail. The Providers Case,
Clients and User data will also be
removed from our backups, so this data
deletion will be irreversible.
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Upon
termination of this agreement by either
party, or by expiry, the clauses 3, 4
and 5 will live on for a period of 24
months.
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This
contract is governed by the laws of the
Republic of Ireland.