Terms and Conditions

Unless specified and agreed in writing, all undertakings by David Whitehead Software Solutions Limited are bound to the following terms and conditions. The Client is deemed to be either the contracted party, or their contracted party.

Acceptance and Price Variations.
Quotations are valid for a maximum of 30 days. Prices may be subject to increase without notice after this.

Schedules for delivery are estimates only. We will use our best efforts to deliver at times stated but shall not be liable for any delays due to causes beyond our control. Goods shall be deemed to be delivered when handed to carriers (normally via email).

Payment in full is due 30 days after date of invoice unless otherwise specified on the invoice by prior arrangement. We reserve the right to charge interest on overdue accounts daily pro-rata at 2% over our bank’s base lending rate as it varies.

Copyright and all other intellectual property right deriving from our work remain with us unless otherwise agreed in writing. Software in licensed for specific client use only, and may be subject to further charges if used beyond that use.

We shall be entitled to suspend or cancel deliveries and/or work under any contract between us and the client if any payment due from the client is not made on its due date. Orders once placed by the client cannot be cancelled nor may products be returned for credit.

Force majeure.
We will be released from all liability to the client if performance of the contract is delayed or prevented by any cause whatsoever beyond our control.

Any dispute arising under these terms and conditions shall be determined by English law.

Warranty of Software.
We provide software on an "as is" basis and provide no warranty or condition that the software will perform properly or at all or that it will conform to the Documentation. In the event of us becoming aware of a defect we will have the option of replacing or repairing the software or returning to the client the costs of that defective or non-conforming software.

Limitation on Liability.
The client expressly agrees that in no event shall we be liable for any consequential incidental or special damages arising from breach of warranty breach of contract or negligence even if our products have been apprised of the likelihood of such damages occurring including without limitation damages from interruption of business loss of profits or business opportunities loss of use of software loss of data cost of recreating data cost of capital cost of any substitute software or losses caused by delay. We shall not be responsible for any damages losses or expenses resulting from alteration or unauthorised use of the software or from the unintended and unforeseen results obtained by the client resulting from such incorporation and use.

Defects Policy.
All issues should be logged via email even if contact is also made via telephone. All defects will be assessed for seriousness at time of initial logging. Defects considered ‘serious’ are normally dealt with within 1 day, unless the scope of the defect is too excessive for such a response, under which circumstance, a timetable will be agreed at that time. Less serious defects may take longer, depending on other work loads, but are normally completed within a few days.

Support Policy
Support is normally available between 9am and 5pm during normal weekdays, but may also be available at other times outside of this range. Customers needing regular support outside of this range can negotiate special arrangements.