These are the terms and conditions that govern your usage of the LaunchPad3 (LP3) service provided by Insync Software Solutions (Insync).
Our company address is Insync Software Solutions c/o MAS Associates, Spear House, Cobbett Road, Burntwood, Staffordshire, WS7 3GL
In these terms the following expressions shall apply unless context requires otherwise.
Agreement date: The date the outlined on the production agreement
Start Date: The date the service goes live after completion of the initial set up work
The Software: The proprietary LP3 software created by Insync
Services: The Basic or Advanced services that are chosen by you at point of sign up
Service Level: The performance and features to be provided to you outlined at http://insyncsoftware.co.uk/#Features
Basic Version: The Basic service level outlined at http://insyncsoftware.co.uk/#Features
Advanced Version: The Advanced service level outlined at http://insyncsoftware.co.uk/#Features
Service Downtime: A period of time during which there is a total loss of services
Service Interruption: A period of time during which there is a partial loss of services
Front End: The customer facing, publicly accessible portion of the software
Back End: The administration portion of the software
The Client: You, the person who signs the Production Agreement
Administrator: A person who works for/with the client and uses the back end functionality of the software
Users: Customers of the client who use the front end functionality of the software
Your Data: All data provided by the client, administrators or users for processing by the software
FileStore: A file storage service that forms part of the advanced service
2. The Production Agreement
The production agreement is an outline of what to expect from us upon signup and forms part of these terms and conditions. By signing the production agreement, you are agreeing to pay the upfront fee outlined below and are accepting the terms outlined in both the production agreement and these terms and conditions.
3. Service Levels
Clients can expect the following:
- A minimum of 98% uptime in any given calendar year excluding any downtime issues beyond our control
- A standard lead time of 28 days from the signing of the production agreement to completion of website and go live
- This is subject to confirmation from Insync and can be altered as part of the production agreement.
- This is also subject to information, feedback, any digital files or any other items or details requested of or from the client being provided to Insync in a timely manner.
4.1 The Upfront Fee
The upfront fee is to be made in full before the commencement of any work by Insync and forms your first obligation to these terms and conditions. The upfront fee can be paid by FPS/BACS transfer or credit / debit card and will cover:
- Bespoke website design based around your requirements and existing platform capabilities and functionality.
- Certain visual elements of dynamic pages are governed by the platform and cannot be changed without significant changes to the platform. If any design changes are required to these elements, additional development costs may be incurred.
- Product system setup consisting of Suppliers, categories, products and cost pricing included in our standard library of suppliers.
- Any changes or additions beyond what is supplied in the standard library is an additional service that may incur additional costs to the client.
4.2 Rental Fee
The rental fee is to be made monthly or annually for the period outlined beginning the day after the rental fee invoice is generated. The rental fee can be paid by credit / debit card or direct debit and will cover:
- Web hosting and unlimited data bandwidth
- Any maintenance, upgrades and updates to the core platform functionality
- An online training course with one of our technicians relevant to the subscribed service level
- A fixed 30 minutes of technical support per month
- Relevant service features as outlined at http://insyncsoftware.co.uk/#Features
Failure to pay the rental fee by the payment date outlined in the production agreement will result in a temporary withdrawal of service until the outstanding balance is paid up.
The rental fee is subsidised due to sponsorship by Cottonridge.
4.3 Data fees
The advanced service includes the FileStore file storage service. As part of this, clients will receive one gigabyte (1Gb) of file storage within this area of the platform. Going over this limit will incur an additional charge to be billed monthly at a rate of two pence (£0.02 GBP) per one megabyte (1Mb) of storage at the maximum usage quantity for the preceding month. The data fee can be paid by credit / debit card or will be covered by an active rental fee direct debit.
Failure to pay the data fee by the payment required date in each individual data bill will result in a temporary withdrawal of service until the outstanding balance is paid up.
5.1 User Data
All data provided by a client, administrator or user of the platform with regards to user data is considered confidential property of the client. Such data will never be shared with any third parties and is only ever accessible by a small team of database engineers for the purpose of development, maintenance or repairs in the event of any issues.
5.2 Client Data
Client data provided at point of sign up by the client is considered confidential property of Insync and will be shared with our sponsor; Cottonridge.
Cancellation of this agreement prior to the start date is effected within 2 working days of receipt of written confirmation of cancellation by email to email@example.com. Refunds for the upfront fee will be issued minus any compensation for setup works already completed by Insync which is reviewed on a case by case basis.
Cancellation of this agreement after the start date is effected within 28 days of receipt of written notice of cancellation by email to firstname.lastname@example.org. Any period paid for by the client in advance will be refunded at a daily rate for each full day in that billing period after the cancellation has been effected. The daily rate for this is calculated as follows:
Rental cost multiplied by 12 months divided by 365 days. On 11/02/2016 this equates to:
Basic service: £0.49 (GBP) per day
Advanced service: £2.79 (GBP) per day
Upon cancellation, user data outlined in section 5.1 as belonging to the client will be retained for a period of 12 calendar months after which it will then be destroyed. This data can be provided to the client within this period as a digital file in excel of PDF format upon request subject to the current Data File fee outlined at http://insyncsoftware.co.uk/#Fees. Client data outlined in section 5.2 as belonging to Insync will be retained indefinitely.
Providing Insync still hold the data for a given client, a service can be reactivated after cancellation for the current Reactivation fee outlined at http://insyncsoftware.co.uk/#Fees and is subject to re-acceptance of these terms and conditions and signature of a reactivation agreement that will also outline the new service level.