Terms of service

1. Hosting:

Pheonix Solutions shall not support any service which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any law. Promotion of any illegal activity, are prohibited, links to such materials are not be supported.

Pheonix Solutions has rights to

Pheonix Solutions would not render Service to

Pheonix Solutions Reserves the rights to refuse support of any Product

  • Where user supplied data via phone, email or anyother medium, the user agree to be courteous in communications. Abusive of employees in any medium will not be permitted.
  • Where the company has rights to cancel/terminate any services, suspend the account when it founds violating any AUP without any notification
  • 2. Support Services

    These terms (the “Terms”) govern your use of the Web site at pheonixsolutions.com (“Site” or “Website”) and any technology support services provided either by telephone or computer, including those applicable, to GuidedPaths® (“Services”) provided by pheonixsolutions.com, its subsidiaries, affiliates and contractors (“pheonixsoluions.com”, “We”, “Our”, or “Us”). By accessing, ordering or using the Services via telephone or online via the Site, you (“You” or “Your” means you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf the Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and our poilcy.

    SCOPE OF SERVICES

    You may initiate the Services via telephone, via the Site, or other means made available by pheonixsolutions.com. pheonixsolutions.com will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. pheonixsolutions.com may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.

    pheonixsolutions.com Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).

    TERMS OF USE

    We provide You with access to and use of the Services subject to Your compliance with the Terms pheonixsolutions.com reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to pheonixsolutions.com is correct and complete, and (f) any payment or credit card information You supply is correct.

    AUTHORIZATION TO ACCESS YOUR COMPUTER; MONITORING OF THE SERVICES AND PHONE CALLS

    You acknowledge that by Your use of the Services You are authorizing pheonixsolutions.com to access and control Your server/computer or device (collectively “Device”) for the purposes of diagnosis, service and repair.

    In connection with delivering the Services, pheonixsolutions.com may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, You hereby grant pheonixsolutions.com the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that pheonixsolutions.com has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

    We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to pheonixsolutions.com to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant pheonixsolutions.com permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details.

    We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

    DATA BACKUP

    You are solely responsible for maintaining and backing up all information,data,text or other materials (collectively "customer data") and software stoted on your device and storage media before ordering the services.you acknowledge and agree that pheonixsolutions.com or ITS referral have no responsibility or liabilty under any circumstance at any time for any loss or corruption of customer data,software or hardware that may arise out of the service.

    pheonixsolution.com does not provide separate backup copies or support installation of unlicensed software to customers. please ensure that you have a licensed copy of all necessary software.

    LIMITED WARRANTY

    The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from pheonixsolutions.com, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within fourteen (14) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Service.

    As set forth below, there are no other warranties for the Services.

    pheonixsolutions.com makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.

    If You make any modification of the fixes which our representative applied then Warranty can't be retained.

    DISCLAIMER OF OTHER WARRANTIES

    You understand and agree that except as expressly set forth above,the service(including,without limitation,al advice,content, and software)are provided "as is," without warranty of any kind,either express or implied,including,without limitation,any warranties concerning the availability,accuracy,completeness,usefulness of the services,and any warranties of title, non-inferingement,merchantability or fitness for a particular purpose.pheonixsolutions.com does not warrant that the services will be timely,secure,uninterrupted,error free,or successful in resolving your question or technology problem. pheonixsolutions.com makes no warranty that the service will meet your expectations or requirements.No advice,results,content or materials whether oral or written,obtained by you from the services shall create any warranty.any content or software that you acees,downlod or use with the services is done at your own discretion and risk and you agree that you will be solely responcible for any damage that results from such activities.

    some jurisdictions may not allow the exclusion of certain warranties so the above limitations may not apply to you.

    LIMITATION OF LIABILITY

    In no event shall pheonixsolutions.com,ITS suppliers and referral partners or any of their respective directors,officers,employees,agents,or content or service providers be liable for anyindirect,special,incidental,consequential,exemplary or punitive damages of any kind or nature,whether from contract,tort(including negligence),mispresentation,strict libility or any other legal or equitable theory,arising from directly or indirectly related to the of, or the inability to use,the services,software,content or your device and other technology including,without limitation,lost sales,lost revenue,lost profits or other loss of business,loss of or damage to data,or cost of substitute services even if support.com has been advised of the possibility of such damages,Some jurisdictions do not allow the limitation or exclusion of liabilty for incidentalor consequential damages so the above limitations or exclusions may not apply to you.

    DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION

    A . DEFINITIONS

    As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between You and Us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

    B .INFORMAL EFFORTS TO RESOLVE DISPUTE

    If a dispute arises between You and pheonixsolutions.com, You should first attempt to resolve it by sending mail to support@pheonixsolutions.com or by sending the details of Your complaint, including Your contact information for a response. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

    USE OF SOFTWARE AND TOOLS

    pheonixsolutions.com may need to download and/or run software on Your Device to help diagnose and resolve Your technology problem. pheonixsolutions.com uses several types of software: the first type provides Device system information to pheonixsolutions.com which helps Us diagnose and resolve Your technology problem, the second type allows pheonixsolutions.com to remotely control Your Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Device performance and help resolve Your technology problem.

    You acknowledge and agree that use of all pheonixsolutions.com software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that We may download and utilize Software from third party Web sites and accept any applicable license agreements on Your behalf.

    CUSTOMER RESPONSIBILITIES

    You must cooperate with pheonixsolutions.com and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve Your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.

    REGISTRATION, PASSWORDS AND SECURITY

    In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from pheonixsolutions.com, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify pheonixsolutions.com immediately upon learning of any unauthorized disclosure or use of Your password or other account information. pheonixsolutions.com has no liability for any unauthorized use of the Services under Your account or on Your Device.

    FEES AND PAYMENT

    The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

    By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize pheonixsolutions.com to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs pheonixsolutions.com that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact pheonixsolutions.com if You do not wish to renew Your Subscription Service; if You do not contact pheonixsolutions.com, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at pheonixsolutions.com’s then-applicable fees.

    SERVICE AVAILABILITY AND LIMITATIONS

    The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.

    In order to purchase Subscription Services, Your covered Device(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Service. If We determine that Your Device is infected by a virus, We may require that You purchase a Service to clean Your Device prior to obtaining Subscription Services.

    Pheonixsolutions.com reserves the right to terminate Your Subscription Service, upon notice, if pheonixsolutions.com determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed. In the event that Your Subscription Service is terminated, pheonixsolutions.com will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

    USE OF THE SERVICES

    Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.

    You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) pheonixsolutions.com’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. pheonixsolutions.com reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from pheonixsolutions.com. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of pheonixsolutions.com.

    RESTRICTIONS

    You shall not: (a) “mirror” any Content on the Site on any other server without pheonixsolutions.com’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of pheonixsolutions.com or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

    MODIFICATIONS TO THE SERVICES

    We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.

    SECURITY

    While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event We cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.

    SUBMISSIONS

    All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to pheonixsolutions.com (“Submissions”) shall be considered non-confidential and pheonixsolutions.com’s property. pheonixsolutions.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that pheonixsolutions.com may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

    You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:

    restrict or inhibit anyone from using and enjoying the Site or the Site’s services; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;

    constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;

    violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; contain a virus, spyware, or other harmful component;

    contain embedded links, advertising, chain letters or pyramid schemes of any kind;

    constitute or contain false or misleading indications of origin, endorsement or statements of fact; or

    contain sensitive, proprietary or confidential information about Yourself or others.

    Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through Your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of Your activities and You submit Submissions at Your own risk.

    By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and We may delete or destroy any such Submissions at any time.

    INTELLECTUAL PROPERTY

    pheonixsolutions.com respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

    LINKS FROM AND TO THE SITE

    This Site may contain hyperlinks to Web sites that are not controlled by pheonixsolutions.com. pheonixsolutions.com is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.

    You may not provide any type of link to the Site without the express written permission of pheonixsolutions.com. We reserve the right, however, to deny any request or rescind any permission granted by Us to link through such other type of link, and to require termination of any such link to the Site, at Our discretion at any time.

    DEALINGS WITH THIRD PARTIES

    In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although We may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that pheonixsolutions.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services.

    TERMINATION

    pheonixsolutions.com reserves the right to cease providing the services for any reason at any time and instead,as your sole and exclusive remedy,refund the fees paid for the applicable services for the time peried,if any,after temination of the services.If you breach the terma no refund will be provided.Other than providing a refund when we terminate for our convenience,pheonixsolutions.com will not be liable to you or any third-party for termination of the services for any reason.you acknowledge and agree that upon termination pheonixsolutions.com may immediately deactivate or delete your user account and all related information and files in your user account AND/OR bar any further access to the services.

    ELECTRONIC COMMUNICATIONS

    The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that pheonixsolutions.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us.

    3. Server Management

    The Service Provider shall provide the Services to the Buyer in accordance with the terms and conditions of this Agreement. This Agreement is not a work-for-hire agreement. Service Provider shall perform the Services as an independent contractor. Employees of Service Provider are not intended to be, and will not be considered employees of the Buyer. Buyer will not supervise Service Provider’s employees regarding the technical means or manner by which the Services will be performed. Pheonixsolutions (mentioned as “Service Provider / provider” in the terms and conditions) pheonixsolutions.com

    Following terms are applicable to all plans:

    1. Buyer authorizes service provider to make judgment about the time taken to complete the task. Buyer authorizes service provider to decide on payments schedule which is pre-payment or interim payment or post-payment.

    2. The time spent on studying and research shall be considered as billable hours. Time spent for checking logs & recreating issues is billable

    3. Emergency task do not guarantee immediate resolution or issue resolution.

    4. Solutions applied could get nullified or issues fixed could reappear due to change in server environment. Additional billable time will be used for such tasks.

    5. The liability of the service provider is limited to the cost paid by the buyer for the services only and the maximum liability of such sort is limited to the refund of the costs to the buyer.

    6. The documentation of solution or the technical summary is purely the intellectual property of the service provider and is not obliged to send it to the buyer.

    7. If the payment is not made in advance as the work progresses, the service provider will terminate the services without any further notifications

    .

    4. Development

    Terms And Conditions

    By accessing this website of PheonixSolutions and confirming order with Development service, you acknowledge your acceptance of all the below mentioned Terms and Conditions:

    QUOTATIONS AND ESTIMATES

    All quotations and estimates provided by PheonixSolutions are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must br re-issued.

    All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to PheonixSolutions within the 30 day period from date of issuance.

    All quoted prices, excluding where indicated, do not include Goods and Services Tax.

    Estimates may be provided by PheonixSolutions to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.

    All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.

    PheonixSolutions reserves the right to suspend the services/quotation at any time, without any prior information.

    PAYMENT TERMS

    All quotations provided by PheonixSolutions, require a 30% deposit upon acceptance.

    Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion.

    Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such

    .

    PheonixSolutions will only commence work on the quoted application once any deposited funds have cleared.

    The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.

    If opted for service beyond the 12 months of maintenance period or as agreed by PheonixSolutions, The Annual Maintenance Charges (AMC) will be normally applicable 40% (PERCENT) of original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.

    The AMC percentage shall be decided by the PheonixSolutions; which depends upon the amount of efforts and work required.

    PheonixSolutions disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).

    RESIDENCY REQUIREMENTS

    Minimum requirements for where the completed application will reside, will be provided on all PheonixSolutions quotations. The quoted cost on a PheonixSolutions quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.

    PheonixSolutions can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.

    PheonixSolutions will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host with additional rate.

    INTELLECTUAL PROPERTY

    Unless specified all quotations provided by PheonixSolutions, do not include any source code license.

    All source code and associated intellectual property relating to said source code, developed by PheonixSolutions, solely remains the property of PheonixSolutions, except where specific code license has been issued to the client and said issuance has been indicated in writing from PheonixSolutions.

    PheonixSolutions reserve the right to implement licensing features within the quoted application, except where code license has been issued by PheonixSolutions.

    Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by PheonixSolutions for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.

    Any costs incurred by PheonixSolutions for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing PheonixSolutions code license for the quoted application.

    CANCELLATIONS

    Should the client wish to cancel acceptance of the quotation, PheonixSolutions will invoice the client for any work completed to date, as a percentage of the total work involved.

    The minimum cancellation fee will be 30% of the signed quotation.

    CONTENT

    The client shall further indemnify PheonixSolutions in respect of any claims, costs and expenses that may arise from any material included within the quoted application by PheonixSolutions at the client’s request.

    PheonixSolutions reserves the right not to include any material supplied by the client within the quoted application if PheonixSolutions deems said material inappropriate of offensive.

    PheonixSolutions will not populate the application with the final content unless said content is delivered to PheonixSolutions in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.

    It is the client's responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, PheonixSolutions will offer this service at PheonixSolutions' current hourly rate at the time of the request.

    PERMISSIONS AND COPYRIGHTS

    The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to PheonixSolutions.

    Supply of said material by the client to PheonixSolutions shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.

    No responsibility will be accepted by PheonixSolutions for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

    ERRORS AND LIABILITIES

    PheonixSolutions will pursue due care to ensure applications create by PheonixSolutions are free of errors.

    PheonixSolutions will correct any errors made by PheonixSolutions staff in the undertaking of the quoted application.

    PheonixSolutions does not accept responsibility for losses or damage arising from errors within any application.

    PheonixSolutions does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that PheonixSolutions may require completing the quoted application.

    Alterations

    Any alterations requested by the client after development has begun will incur extra development and regression testing time. Depending upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.

    PheonixSolutions will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.

    If PheonixSolutions are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than PheonixSolutions, the client will be charged by PheonixSolutions depending upon complexity of nature.

    COMPLETION OF WORK

    All timeframes offered by PheonixSolutions to the client are estimates. The intrinsic nature of software development and its intricacies do not offer PheonixSolutions the luxury of defining definite timeframes.

    PheonixSolutions will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, PheonixSolutions will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.

    PheonixSolutions will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.

    The quoted application remains the property of PheonixSolutions Software until all obligations have been met for release of said application to the client.

    If PheonixSolutions is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.

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