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IMPORTANT NOTICE
These terms govern our provision to you of our services ("the Services").Please read them carefully
We provide the Services only in accordance with these terms.By clicking the ‘We agree to these terms’ button at the foot of this Agreement you will accept the following terms.
We care very much about the standard of the Services, and we want to hear from you if you are not satisfied in any way. Please send your comments to info@titledevelopments.com.
We are Title Developments (Pvt) Limited, a company incorporated in Pakistan, of Regus House, Victory Way, Admirals Park, Crossways, Dartford, London DA2 6QD, United Kingdom.
1. Definitions
In this Agreement, the following expressions have the following meanings:
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“We” or “us”
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means Title Developments (Pvt) Limited |
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“Intellectual Property”
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means trade marks, service marks, registered or registerable designs and copyright;
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“Materials”
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means all materials developed by us;
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“Services”
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means the services we will provide under this Agreement and as set out in the Contract Details of this Agreement.
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“Particulars”
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means the Contract Details at the head of this Agreement and which are incorporated within this Agreement.
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2. Our obligations to you
2.1 We will provide the Services to you
2.2 We shall not use, divulge or communicate to any person (other than those authorised by you) any confidential information concerning your products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs which may come to our knowledge and identified as confidential in the course of providing the Services.We will ensure confidential handling of all data received from you. SSL encryption is employed by us to protect sensitive data.
3. Your obligations to us
3.1 You agree that you will:
| 3.1.1 |
promptly give us such information as we may reasonably request for the proper and efficient provision of the Services; and
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| 3.1.2 |
ensure that your employees co-operate fully with us in relation to the provision of the Services; and
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| 3.1.3 |
promptly give us such information and documents as we may reasonably request for the proper performance of our obligations under this Agreement.
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| 3.1.4 |
pay our charges for the Services as set out in the Contract Details.
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3.2 Unless agreed otherwise, all our charges are exclusive of any applicable value added or other tax, which will be added to our invoices sent to you.
3.3 We reserve the right to suspend our provision to you of the Services if our charges are overdue for payment by you.
4. Billing Procedure
You will be debited immediately upon completion of the transaction.You should print out all transaction data and keep it in an easily accessible place. An invoice will be issued as soon as your payment has been received by us.Transactions will appear on your card as “MC – Title Software”
5. Materials created by us
Provided that we are paid all amounts that we are due under these terms,we grant you a perpetual royalty-free licence to use for your own business purposes the Intellectual Property rights in any materials created as part of the Services.You, of course, continue to own the Intellectual Property rights in any material that you provide to us.
6. Additional Work
Any charges that we agree with you are for the Services that we agree at that time.If we are asked to carry out additional work or your instructions to us change we reserve the right to make an additional charge which we will notify to you.
7. Termination
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Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied. |
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Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.
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| 7.3 |
You have the right to withdraw, without charge, your order for the Services within seven working days after the time of your order. However, this right will cease if we start to provide you with the Services within that time.
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8. Liability
| 8.1 |
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We warrant to you that we will supply the Services with reasonable skill and care.We accept liability for our own negligence, but only to the extent stated in this clause.
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| 8.2 |
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Our liability to you under this Agreement shall not exceed the amount paid by you for the Services over the previous 12 months.
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| 8.3 |
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Subject to sub-clause 7.2,we shall be liable to you in respect of all direct loss or damage caused by our acts or omission other than Excluded Loss.In this clause the expression “Excluded Loss” means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
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| 8.4 |
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Nothing in this Agreement is intended to restrict or exclude our liability for death or personal injury resulting from our negligence or for fraud and, if you are a consumer, nothing in this Agreement affects your legal rights
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9. Force Majeure
Neither we nor you are liable for any breach of this Agreement caused by matters beyond our or your reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
10. General
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10.1
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Any notice required or permitted to be given by one of us to the other under this Agreement shall be in writing addressed to the other at our or your registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to which of us is giving the notice
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10.2
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No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us
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10.3
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A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
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10.4
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If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure (see www.cedr.co.uk). If we fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure the dispute may be referred to litigation by either party.
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10.5
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This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.
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Standard Terms of Business