JobSAFE Terms and Conditions
JobSAFE builds and delivers Health and Safety software for clients around the world. Our services are cloud hosted on Microsoft Azure and delivered as SaaS service invoiced monthly
Terms and Conditions
Unless otherwise explicitly stated at the time of agreement, all JobSAFE products and services are delivered under the following Terms & Conditions;
The costs and timeframes identified at anytime are offered on certain assumptions and in order to deliver these products and/or services, we require you to agree with the following terms and conditions:
Definitions and Interpretations
"Intellectual Property" means all intellectual property rights, including copyright, designs and patents related to any and all programming code, software, manuals, outlines, materials, systems, solutions and other works developed, discovered or designed by JobSAFE.
"Products" means any product provided by JobSAFE as specified and agreed between the parties.
"Services" means any service or task to be performed by JobSAFE as specified in this proposal and agreed between the parties.
"JobSAFE" means `JobSAFE Limited
Delivery of Services
JobSAFE will deliver the products and/or services pursuant to the following terms.
Charges and Payments
The amount payable for the supply of the products and/or services will be as described at the time of purchase or as per any proposal provided. Unless otherwise stated costs are exclusive of GST.
All pricing shown is in NZ$, unless otherwise stated, and excludes any applicable Sales Tax(s) and/or GST
Minimum contract period 6 months or as per agreed contract for services
Maintenance Fees provide access to all new upgrades and enhancements FOC
Excludes any applicable implementation charges
License fees includes all 3rd party licensing costs as understood at time of proposal
JobSAFE reserve the right to review charges at any time should the agreed scope of work change.
Unless specifically noted otherwise, all JobSAFE Ltd services are delivered subject to our standard terms and conditions
Payment Terms: Setup & Delivery Fees - 100% on proposal acceptance | Monthly Fees – payable in advance on the 20th of each month
Intellectual Property Rights
JobSAFE's working methods, proprietary software, standards, designs and similar shall at all times remain the property of JobSAFE.
You shall at all times maintain confidentiality of JobSAFE's working methods, proprietary software, standards, designs and similar.
Each invention, discovery or improvement, which includes ideas, concepts, know-how or techniques relating to JobSAFE's working methods, proprietary software, standards, designs and similar, shall remain the property of JobSAFE.
JobSAFE shall not be prevented from supplying or designing any programmes for any other client or from utilising any expertise or know-how in any way in which it may have learned during the preparation or the provision of the Services.
You agree that you have purchased a licence to use only one copy of the programming code and that any subsequent copies that you require will be subject to the terms and conditions of a new licence agreement.
You shall not at any stage whatsoever on sell and/or replicate any of the Intellectual Property of JobSAFE.
JobSAFE owns all of the Intellectual Property rights (past, present and future) to the programming code.
Both parties agree that, unless they have the prior written consent of the other, they will not use or disclose to any third party (other than for the purpose of performing this proposal) the terms and conditions of this proposal or any information which is confidential to the other party.
Limitation and Exclusion of Liability
JobSAFE does not warrant third party products or systems whether these are supplied by JobSAFE or not. JobSAFE makes no representation as to the reliability and/or functionality of the Internet and related services.
JobSAFE will take all due care and apply best industry practices and standards in its provision of the Services. However, JobSAFE will rely on the pro-active provision of information and other items by you and your employees and on information provided and representations made by third party suppliers.
JobSAFE will not, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of profits or savings or for any direct, indirect or consequential loss or damage, however caused, arising out of or in connection with the performance or non-performance of its Products and/or Services, or those of any third party whether supplied by JobSAFE or not.
Term and Termination
Term: This shall commence on signing by both parties and shall continue in full force and effect until the Products and/or Services have been completed by JobSAFE and fully paid for by you unless terminated earlier in accordance with the provisions of the client proposal.
Termination: As per the terms in each client contract for JobSAFE services
Sub-Contracting to Third Parties
JobSAFE may sub contract its obligations to a third party.
JobSAFE shall ensure that any third party sub-contractor it wishes to contract with is properly trained and has the necessary skills to carry out the Services required.