OperaQuest Standard Terms & Conditions

The following terms and conditions apply to all Agilis platform and OperaQuest management services offered by OperaQuest Ltd. By accepting a quote either verbally or in writing or ordering a product or service from OperaQuest Ltd you are agreeing to the following terms and conditions.

General Terms

  1. All prices exclude VAT unless otherwise stated.
  2. Quotes are valid for 28 days.
  3. It is the customer’s responsibility to ensure that any data collected is lawful, does not infringe any copyright or any other laws. OperaQuest Ltd states to the best of their knowledge that their 4. contribution to the project shall not infringe copyright of any third party e.g. software licences.
  4. We reserve the right to refuse to connect/upload to a web site that we may judge as unfit due to content or otherwise, and sites which infringe copyright or are contrary to UK laws.
  5. The acceptance of a commission quote either verbally or in writing shall be deemed as a contractual agreement between the client and OperaQuest Ltd.
  6. At project acceptance OperaQuest Ltd can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
  7. We ask that a deposit of 50% of the total quoted price be paid before project commencement unless otherwise stated and agreed in the Terms of Reference.
  8. Once a commission has commenced it will be completed using the information provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content as required, such changes will be chargeable.
  9. OperaQuest Ltd reserves the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
  10. All material, both text and images, supplied by the client and used in the construction of the client's forms and reports, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  11. OperaQuest Ltd will produce projects where every effort is made to display the forms acceptably on Android and iOS devices currently available, however we cannot accept responsibility for forms which don’t display properly on versions of operating systems released after the project is completed.
  12. OperaQuest will make every endeavour to ensure continuity of connectivity and service from 3rd party providers, but cannot be held responsible for any failures outside of their direct control.
  13. The client is ultimately responsible for checking the correctness of the data before they give OperaQuest Ltd the go ahead to publish the forms.
  14. When a client agrees that forms can be made available they are agreeing that the design and development of the forms has satisfied all their requirements. Subsequent changes to the design, content and connectivity will be chargeable.
  15. Unless otherwise stated, all meeting time with the client during the development project will be included in the initial quoted price.
  16. OperaQuest Ltd will not outsource any work associated with the project without prior consent from the client.

Payment

  1. By agreeing to these terms and conditions your statutory rights are not affected.
  2. Our payment terms are:
    • Licence costs
      Chargeable for licences active for all/part of preceding month, payable within 5 days from month end
    • Project costs
      Phased costs to be as agreed, payable within 30 days of invoice date.
    • Client Training
      All training on behalf of the Client will be authorised by acceptance of a Quotation, chargeable by month, payable within 30 days of invoice date.
    • Cancellation Charges
      Charges will apply to all work cancelled in accordance with the following scale:
      • Licence Costs – minimum 3 months’ notice
      • Project Costs – within 30 days of Project Commencement date; 50% Project Costs
      • Project Costs – after 30 days of Project Commencement date; 100% Project Costs
      • Client Training – within 30 days of Scheduled Training Date; 50% Training Costs (minimum £200)
      • Client Training – after 30 days of Scheduled Training Date; 100% Training Costs
  3. Payment must be made by BACs, cheque or cash unless otherwise agreed.
  4. Any payment returned by the bank may incur an administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
  5. We reserve the right to claim interest on late payments at our rate of Bank of England base rate + 8.0%. In accordance with the Late Payments of Commercial Debts (Interest) Act 1998, additional charges as prescribed by Section 5A of the Act will be levied

Full Terms and Conditions are as published on the website: www.operaquest.co.uk or as varied by an express and specific Agreement