Corporate Contract (hosted)

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Contract for the provision of Online Staff Rota Management Software known as “theRota.com”

Agreement between the vendor: The Rota Company 8a Castle Street, Dornoch, Sutherland, IV25 SR

and the customer

name:_____________________________________

address:___________________________________________________

THE PRODUCT

This is the software as shown at the website located at http://www.therota.com, which enables workplaces to manage and organise various aspects of their staff planning. The website runs in asp.net, which is Microsoft’s current website platform for applications. The database used is Microsoft SQL Server™.

CORPORATE VERSION (HOSTED)

This contract is for a corporate version of theRota web software, which The Rota Company will host, maintain, and manage technical issues. This means that the customer requires no specialist hardware or particular technical other than the ability to use a website.

In addition to the standard software, the customer will have access to the corporate control panel, a separate web software that enables management of multiple and unlimited rotas that the customer wishes to maintain.

SCOPE OF SERVICE

The customer and its clients and their users are entitled to log into their named rota and use its features only for the purpose each module was designed for. We reserve the right to suspend service, temporarily or permanently... · where usage or attempted usage is considered by The Rota company to be outside of scope of theRota’s function, including reverse-engineering, capacity testing and hacking. · where the program is used to cause nuisance, provocation or confusion to any party. · where invoices remain unpaid beyond our standard terms.

WARRANTY

The Rota Company warrants that best endeavours will be made so the website to has an up-time (on-line availability) greater than 99.5%. However, the client accepts that some internet events are beyond our control and that downtime will inevitably occur, and will not rely solely on theRota.com for key information.

In the case of website failure theRota’s hosting company makes daily backups which are available for restoration in the case of major system failure. In such circumstances the client accepts that data entered subsequent to the last backup may need to be re-entered. The program has a function whereby each rota's administrator receives a nightly email which shows the upcoming rota assignment. The purpose of this is to provide an emergency ‘hard copy’ should the website be temporarily unavailable.

LIMITATION OF LIABILITY

The web application known as ‘theRota.com’ is an aid to helping workplaces plan and distribute staff shifts, and must be used in conjunction with the customer's own records held elsewhere. The rota software must not be used as a customer's primary personnel database. In no event will The Rota Company be liable for any incidental or consequential damages (including, without limitation, loss of use or lost business, revenue, or goodwill) arising in connection with this agreement.

SUPPORT

The corporate customer's software rental includes internet access to their control panel and rotas and support by email. Additionally, The Rota Company is usually contactable by phone and Skype/Yahoo/MSN for a more immediate response. By support, we mean: · advice on setting up rotas, · advice on how to use various features, · response to technical problems the client may encounter, · response to bugs found by the client, · response to requests for further developments.

PRICING, INVOICING AND TERMS

PRICING

Annual fee ____________ (see price list)

Terms

DISCOUNTS: 10% for Annual invoice and payment 5% for Quarterly invoice and payment 0% for Monthly invoice and payment

INVOICE METHOD

Invoices are generated on the date of commencement and on the appropriate cycle dates.

Invoices are delivered via the internet, and your nominated account manager will receive an email link to a printable invoice. Invoice details and statements are also available on-line from within your rota.

TERMS

Payment may be made by cheque or direct bank transfer within 30 days of the invoice date. The Rota Company will send the client email notifications of unpaid invoices and reserve the right to terminate the service if invoices remain unpaid after such notifications.

CONTRACT

The contract between The Rota Company and the customer is a rolling contract based on all points listed herein. The customer may terminate the contract in writing at any time, in which case the next invoice will not be generated and no further liability will accrue to neither the customer nor The Rota Company.

Signed by The Rota Company

_____________________________ (signature)

_____________________________ (print name)

_____________________________ (date)

the customer

_____________________________ (organisation name)

_____________________________ (person’s signature)

_____________________________ (person’s name)