Terms and Conditions of our telephony billing products, cybercafe control software and offshore services
General Terms of Sales and Service
OWNERSHIP OF EQUIPMENT
- Dynasoft Ltd reserves the right to withhold any goods that appear in packing slips and invoices until full payment has been received satisfactorily from the customer.
- All prices given in currencies other than GBP vary with the day’s exchange rate and are given as additional information only.
- All prices are subject to change without prior notification.
- Unless specifically stated, all prices quoted are for Dynasoft’s own products and services only. This means that all prices quoted and offers provided do not include elements such as software licences, installation and/or support of any third party product and service.
- All payments are due before delivery or at the latest, at the date specified on the invoice. If no dates are specified, payment is due 15 days after the due date on the said invoice. Failure to settle the invoice by the due date shall result in its amount being increased without prior notice of default, by interest at the legal rate plus five points. Additionally, without prejudice to the aforementioned interest Dynasoft shall be entitled, without prior notice of default, to increase the amount of the invoice by 20% with a minimum of ?100, by application of the Jersey Commerce Code in order to cover unforeseen administrative expenses. Notwithstanding the foregoing, Dynasoft’s right to claim full compensation for the damages actually suffered shall not be precluded. All costs, such as bank charges, posting, or transport costs that might arise will be borne solely by the customer.
COMMISSIONS ON SALES
- Commissions of 20% are given on the sale of our software licences. This excludes any services such as training, installation and support as these can be given by the reseller him/herself. Commissions are given if a sale is closed by the reseller within a reasonable time scale of a few days to one or two weeks maximum. Past that period percentage commission is 10%. Commissions are given for a period of 18 months. Commissions can be redeemed against purchases of our products and services only.
- Unless specifically included in the invoice, all computer equipment sold by Dynasoft Ltd does not include any software licences and, under no circumstances, will it be sold with any unlicensed software. Dynasoft Ltd will decline any responsibility that could arise should the customer load any unlicensed software after the equipment is sold to him.
WARRANTIES AND REPAIRS
- Products sold by Dynasoft Ltd all carry a warranty starting with the date that appears on the invoice. Warranties vary depending upon the product sold. We reserve the right to change the length and breadth of all warranties at all times.
- Warranties will be void if we feel that the items have been subject to tampering, wrong usage or unwarranted repair by the buyer or any third parties. This will also hold true should stickers identifying the part and serial numbers of the items sold or any such medium of identification have been removed. No claims will be received in any such case. The steps described in our RMA Policy section will have to be followed in case of any item becoming faulty.
DELIVERY OF GOODS PERFORMED LABOUR SHEET
- In the case of goods, all deliveries will be subject to the acceptance and signing of a delivery note. After such deliveries, the buyer will have to make sure that all items bought have been included in the shipment and that they are in good working order. If after 3 days after delivery has taken place, the buyer does not make known to us that some items are missing or have arrived faulty, we will consider that all items have been received correctly and will be wholly discharged of any claim that might arise in relation to the sale, short of issues that relate to the normal warranty offered on the goods. The effective date of the said delivery will always be taken to be the date that appears on the delivery note or the installation note duly signed by the customer.
- In the case of services provided and any possible labour costs associated with such services, a labour sheet will be submitted to the customer for signing by him and all sums will be deemed as owed once the invoice has been issued. The invoice will always make a reference to the delivery note and/or the labour sheet.
- Only cash payments for goods purchased will attract a complete refund. Refunds for payments done through a credit card or a bank transfer will only be partial in that Dynasoft incurs charges that the buyer will have to support if he wishes to claim a refund. These charges are 6% of the initial amount paid. Please note that refunds for the sale of our software products, Dynasoft SurfShop and Dynasoft TeleFactura are not possible as we make available to our valued users various types of video and software demos that give a good idea of the quality and adequacy of our programme.
- Special offer are not cumulative and are strictly limited to the period of validity set out in them. To be able to benefit from them payment has to be received within this time-frame. Offers cannot be transferred or exchanged for cash. Discounts are normally given for cash purchases unless otherwise stated. Special terms like delayed payments or payments through installments normally do not include any special discount.
CREDIT CARD PAYMENT PROCESSING FEES
- In order to cover the costs associated with processing payments via by credit cards or online payment services such as Paypal, the following fees have been established. Unless stated otherwise in the invoice, these fees need to be added to the amount of any payment made to Dynasoft.
- Payment is done as part of a special offer that Dynasoft has granted to the customer: 4%.
- Payment is not done as part of a special offer: 3%.
Unless otherwise stated terms and conditions for commercial offers are the following:
Unless otherwise stated terms and conditions for commercial offers are the following:
- Offers have a validity of 15 days from the date of our email message or fax document.
- All prices and items that make up offers given to customers/clients cannot be taken individually and are only valid for the said offer.
- Payment terms for all our standard services such as training, installation, … are 100% of monies to be paid up-front.
- Payment terms for any development work is are 75% of monies to be paid in advance and balance 7 business days after delivery of work.
- Unless previously agreed, all bank charges, payment or transfer fees for the purchase of any of our goods are normally covered by the customer.
DYNASOFT SOFTWARE SUPPORT SLA
DYNASOFT TELEFACTURA SAAS – TELEPHONY BILLING SOLUTIONS
- TeleFactura SaaS can be hosted on your own servers or you may use our optional Web server.
- TeleFactura Saas does not include our CRM.
- TeleFactura Saas does include our Web Access.
- The support services need to be taken out for any software development to be performed by Dynasoft.
- If no voice, data, recurrent services or various items are billed by Dynasoft’s telephony billing solutions then the minimum fee to pay every month is GBP30.
- Unlike other systems that apply fees on each minute of a call, our service fees are on each CDR/call only.
- Service fees in are usually invoiced on the 2nd day of every month the following month calls are rated.
- To minimize the administrative work involved with collecting the service fees, the following penalities apply:
- First late payment: three reminders are sent by email. The service will be deactivated after typically 3 or 4 days following the date when a fee was due and after the third reminder has been sent. After this grace period, a reactivation fee of GBP24 will be due for payment before the service can be activated again. If you have a Virtual Private Server with us, please note this server will be removed and all data wiped clean from it. A new installation fee for the server and your programme will have to be remitted in order for us to reinstall your server and programmes.
- Second late payment: an advanced payment of 6 months equivalent to the last fee paid is required before the service is activated again.
- The reactivation fee is not due when a new licence is activated.
- We require 30 days’ notice in order to modify how an account is billed, cancel it or put an account on hold.
- CDR traffic that is billed by Dynasoft’S telephony billing systems is the one associated with selecting option ‘a’ under Billing options in the Billing screen. If no traffic is found after a month under this option, the traffic identified without using this option will be used to estimate the service fees.
- Our general support does not include any dedicated support if support is paid monthly. Dedicated support of 3 hours is only available to users who pay for support yearly.
- Monthly support includes unlimited general support and free software updates only. Additional dedicated support is available at GBP39 per hour for first line support and GBP29 for second line support.
- Typical hosting server configuration is: Windows 2012 R2 Server, MS SQL Server 2012 Express Edition, full Windows administrator RDP access, disk space 50GB, monthly transfer 200GB, RAM 1GB or better.
- Activation of hosting server takes up to 72 hours.
- Link to our standard support service SLA.
- Six consecutive months of support need to have been paid or need to be paid in advance in order for users with the monthly support service to obtain the latest updates of our solutions.
- Our support, training and installation services do not include any work on configuring, importing or migrating data from a previous system to TeleFactura. As this type of work can vary in the length of time it takes, it will be billed separately using the rates published in our FAQ section.
- The conditions shall be subject to Jersey law. As regards possible litigation between the parties, the Courts of Jersey shall have exclusive jurisdiction.