Visitors to our Web site are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Web site.

Conditions of use

• We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
• The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
• You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
• We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.
• In relation to a dispute arising out of this Web site you the user and we, Focus On The Solution agree to submit exclusively to the jurisdiction of the courts of England and Wales.
• Except where expressly stated to the contrary the text and graphics in the information contained in this Web site is the copyright of Focus On The Solution, our partners or our clients. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Web site or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
• The entire contents of these web pages remain our property and are copyright with all rights reserved. Data Protection Act 1998. Your personal information is your personal property and as such we recognise that this places serious responsibilities on us. We have therefore published a separate privacy policy on these web pages. Our omission to exercise any rights under these conditions of use does not constitute a waiver or such right unless expressly accepted by us in writing.

Terms and Conditions - Business

Given that most if not all of our customer's requirements are varied and diverse, we prefer a flexible approach to our business relationship and as such most terms and conditions will be agreed at the time of order and acceptance. However, here are listed some general points for clarity. Please note that these terms will apply in all circumstances unless agreed otherwise in writing.

Definitions

• We shall mean Focus on the Solution, 3 Howard Street, Union Square, Tyne and Wear. NE30 1AW
• Us shall mean Focus on the Solution, 3 Howard Street, Union Square, Tyne and Wear. NE30 1AW
• You shall be the individual or company engaging the services of Focus on the Solution.
• Customer shall be the individual or company engaging the services of Focus on the Solution.
• User shall mean an employee of the Customer who exercises a right of access to a copy of the System.
• Writing shall include the use of email as an approved method of communication.
• System sign off date shall be the date all parties are agreed as to the system being implemented as per the System Specification document.
• Effective date shall be the date of receipt of the Annual Support Fee.

System development

• We offer an initial no obligation consultation, from which we will prepare the summary outline of the system requirements. Following acceptance of the initial proposal we will prepare the detailed System Specification document which has to be agreed by all parties at the outset.
• We agree to deliver the system to the requirements detailed in the System Specification document
• We prefer to work to one named contact (plus one other 'backup' to cover holiday, sickness etc).
• We obviously understand that project requirements can change during the development cycle, and we will do our best to accommodate any such revisions within the original cost and time-scale proposal.
• If we feel that this is not possible, we will advise of any implications and seek approval before commencing with the extra work.
• All such requests to variations to the System Specification must be made by the named contact to us in writing.
• All agreed variations will be documented in the System Specification document by us.
• Payment terms will be agreed separately on each each project, but if for whatever reason, you choose to terminate the agreement prior to system completion, we reserve the right to charge for any work undertaken up to that point.

On delivery of the system:

• We will provide the system / application itself in electronic format, with installation instructions.
• We will provide one PDF fully indexed user guide.
• Training, will be provided on your site, on your equipment to an agreed number of users.
• We will provide all unlocked source code of the system in electronic format along with a system document detailing how the system works which makes future developments possible, when full and final payment is received.
• In all cases, the copyright of any system developed for a customer, remains with Us until full and final payment is received.
• We will support the product for an initial period of 3 months commencing from the system sign off date – please see Support section for more details, and especially the important note about system modification and our rights with regards this.
• We reserve the right to re-use modular coding in other applications.

Support

• We commit to fixing any faults within the software that we have developed.
  Please note an important point - As we supply the complete source code to you for your application to offer you complete flexibility for future system changes, we can only be responsible for fixing faults on the 'as supplied by us' version. If you exercise your right to modify the system in any way, while we will endeavour to help, we do reserve the right to forfeit the initial 3 month warranty period.
  This also obviously applies to any annual support contract.
• Faults must be clearly described and they must be reproducible. This enables us to ensure that the fault is due to our software and not third party software, operating system failures or hardware failure.
• Faults must be reported to us through a named individual within the customers organisation.
• This individual will also be responsible for receiving and implementing any updates and fixes to the software.
• This named individual will also be responsible for maintaining version control (of both software and associated documentation) within the organisation.
• We do not commit to fixing faults that occur on platforms (either hardware or software) that are outside those described within the original (or amended) System Specification document.
• We commit to fixing any faults as quickly as possible. However, the more notice given, the better we can plan, and the faster we can resolve problems.
• We do not accept any liability due to either loss of data or of working time due to faults within our software.
• The same named individual will also handle any technical questions regarding the functional operation of the software.
• We will not commit to handling faults or answering technical questions from any person other than the named individual within the organisation. Where exceptional circumstances occur we will endeavour to remain as flexible and helpful as possible.
• There must be a clear distinction between any technical faults within the software and required functionality changes to the software.
• We will often make requested minor changes to the functionality of software at no additional charge to the customer. This decision remains at the discretion of us.
• We offer support via telephone (landline and cell), email and via remote access control over the internet.
  Where site visits are required, we reserve the right to charge an additional fee.
  For the purpose of software support, our general hours of business are 9:00 – 5:00 Monday to Friday.

Costs and payments

• All costs and payment methods are to be agreed prior to commencement.
• In all cases, the copyright of any system developed for a customer, remains with Us until full and final payment is received.

Law

• In relation to a dispute arising out of the use of our Services you the user and we, Focus On The Solution agree to submit exclusively to the jurisdiction of the courts of England and Wales.

Finally

We like to think that we are a fair bunch, and the above points only intend to help clarify and define the contractual obligations of both us and you. We remain absolutely committed and dedicated to satisfying our customer's expectations and as such, we will regularly perform work outside the extent of our initial agreements to achieve this.