Additional general conditions applicable for Analysis & Development
- Category: EN
- During analyses, a descriptive answer shall be given regarding the implementation of the desired functionality. Any windows, database structures or other layouts which are shown in the resulting documents are examples for the purpose of clarifying the text. These may take another form in the final programming.
- Budgets are always subject to further discussion and analysis of the definitive functionality.
- The application shall be delivered in compiled form.
- The application shall be protected in terms of hardware (with a key) or in terms of software, or online, or a combination of these. In the event of hardware protection, the cost of the key shall be invoiced. In the event of online authorisation, an annual fee shall be applied. iTs reserves the right to adjust the authorisation mechanism in the future.
- The application can only be used by the Customer's staff, as specified in the sales agreement connected to this analysis. Neither the application, nor components thereof, can be transmitted to third parties, unless explicitly agreed otherwise in writing.
- The application and/or related documentation including analysis documents, manuals and correspondence, or sections thereof, must never be made available to third parties by the Customer, nor used by the Customer outside the Customer's address, unless explicitly agreed otherwise in writing.
- No specific manuals shall be provided for custom-made product, unless explicitly agreed.
However, 'read me' documents, delivered with successive versions, will provide a concise overview of new functionality in the present version.
- iTs retains all rights and authorisations accorded to it by virtue of Copyright, both for analysis and programming and documentation provided with the software.
- iTs retains, also after delivery, all intellectual or industrial property rights on the supplied software and the accompanying documentation, replacements, supplements and/or modifications.
- iTs retains the right to use the knowledge acquired during the implementation of the activities for other purposes.
- The Customer herewith states and affirms to refrain from soliciting or employing collaborators or ex-collaborators of iTs, either directly or indirectly, either under employment contract or in any independent capacity, without mutual consent from both contract partners.
- In the event of purchase or development of iTs programming, this renunciation clause shall remain valid for a period starting at the time of the agreement pertaining to the project and continue up to at least 2 years following its delivery and acceptance, on the one hand, and up to at least 2 years following the discontinuance of the maintenance contract, on the other.
- In the event of training programmes, this clause shall remain valid for a period commencing at the start of the agreement pertaining to the training and continuing for a number of months following the final training day corresponding to the number of training days.
In the event that several similar agreements run concurrently, the periods specified therein shall be totalled.
In the event this clause is breached, iTs shall be entitled to 6 months remuneration as established on the last iTs pay slip of the individual in question, this amount to be increased with all other legal obligations pertaining to matters of salary.
- The use of software or the results thereof shall never result in any liability in any form whatsoever towards i-Theses.
- Our general conditions remain in force undiminished.
- Ordering or the start of implementation according to or in reference to this document assumes implicit agreement with the stipulations in this document, even if they were not explicitly signed by the Customer.
- The delivery and installations of the (interim) versions occur in principle via remote log-in or email.
- Discussions/introduction on-site takes place on request and shall be invoiced separately from the standard tariffs or cfr. the conditions in the quote.
- The Customer shall organise back-ups of the databases used as well as of the computer configuration. iTs assumes no responsibility with regard to the functionality of interim versions or in the event that customer data is lost due to or during the installation or use of (interim) versions.
- Within 8 days following delivery of an (interim) version, this should be tested by the user/Customer who should provide iTs with relevant feedback. In the absence thereof, implicit agreement with the functionality of the supplied (interim) version shall apply.
- Indicated delivery dates are always subject to the Customer providing the required input before the commencement of the next phase, as well as timely feedback after delivery of the interim version.
- In the event that the indicated dates cannot be respected by iTs due to force majeure, this shall be communicated to the Customer in good time, and the project planning shall be adjusted.