In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We” and “Us”, refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties.
However, Client records are regarded as confidential and therefore will not be divulged to any unauthorised third party, unless if legally required to do so to the appropriate authorities.
Clients have the right to request sight of, and copies of any and all Client Records we keep with regards to themselves, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to the provision of our services.
Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information stored on this website to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer, Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
This information is not shared with third parties and is used only within this Company on a need-to-know basis.
Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
Links to this website
You may not create a link to any page of this website without our prior written consent.
If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website.
Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.
Please be aware that we are not responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our site & to read the privacy statements of these sites.
You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us page on this website.
This company is registered in England and Wales, Number 3926733, registered office Quality House, Sherridge Farm, Sherridge Road, Leigh Sinton, Worcestershire, WR13 5DB.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.
No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of India govern these terms and conditions.
By accessing this website [and using our services or buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
ISO Service Terms and Conditions
These terms and conditions apply to all services rendered by Mastersoft
The offer to perform the Services described (The Services) is subject to these Conditions, and the offer and its acceptance by the Client shall form the Contract for the supply of Services by Mastersoft to the Client.Mastersoft Reserves the Right to:
Sub-contract any part of the Services and where appropriate to seek advice from any third party who in the opinion of Mastersoft is competent for the purpose.
Alter Products or Service specifications without prior notice in line with continuous improvement guidelines as specified by the International Organization for Standardization.
Any notice required or submitted to be given by either party to the other, under these conditions shall be in writing addressed to the other party at the address stated on the contract or such address whereby the other party has been notified of as their chosen address for correspondence.
Should a breach of a contractual term by the client be accepted by Mastersoft, this will be an isolated acceptance and not to be considered as an acceptance to any further subsequent breach that may occur.
If any of these conditions are held by any competent authority to be invalid or unenforceable in whole or part; the validity of other conditions or remaining parts shall not be affected.
The terms and conditions of this agreement shall prevail and exclude any additional conditions the client may wish to impose. Any additional conditions that are agreed upon must be in writing and agreed by both Mastersoft and the client. Additional agreements will not exclude; supersede or vary these conditions and will be read separately to this agreement.
Any dispute arising under or in connection with these conditions or the supply of the services and or the products shall be referred to arbitration by a single arbitrator appointed by agreement or in default of agreement nominated on the application of either party by the President at the time of the Chartered Institute of Arbitrators.
Other than in the case of death or personal injury caused by the negligence of Mastersoft shall not be liable to the client by reason of any express or implied representation, warranty or condition, term of the contract or duty at common law, for any consequential loss or damage of whatsoever nature and whether caused by the negligence of Mastersoft, its employees, agents or otherwise except as expressly provided in these conditions
This agreement is subject to the laws of India and governed accordingly by the judicial system of the Indian Courts.
Acceptance of Works
The Client undertakes to disclose to Mastersoft full information on the area to be examined which may in any way be relevant to the Services. Mastersoft will not pass this information on to any 3rd parties, unless previously agreed by The Client.
Mastersoft will include with the offer to perform the Service or supply the products a written quotation of the Services and or Products. To signify acceptance of the quotation the Client shall sign where indicated and return a copy of the contract to Mastersoft. Until the acceptance of the offer has been returned, Mastersoft shall not be obliged to carry out any work for the Client.
Mastersoft reserves the right at any time before the completion of the Services to increase the quotation to reflect the cost of any work additional to that which the Client had indicated at the time of request for Services or Products. This is subject to further agreement in writing between The Client and Mastersoft.
Mastersoft will use all reasonable endeavors to provide a timely service that meets the Clients requirements. Any date quoted for the supply of Services shall be deemed approximate only and Mastersoft shall not be liable for any delay howsoever caused or for the consequences of any such delay. Time for the supply of the Services or Products shall not be regarded as the essence of the contract.
In those instances where Mastersoft agrees a variation of clause 6 overleaf, this must be provided in writing. If the reason of any delay or failure to perform was due to a cause beyond the reasonable control of Mastersoft, no liability will be incurred.
Supply of Services
If Mastersoft fails to supply the Services without good reason the Client shall be entitled to serve upon Mastersoft notice of default, and should Mastersoft subsequently fail to remedy its default within twenty business days thereafter by commencing the supply of services requested, the Clients sole remedies shall be to terminate the contract and recover any advance payment.
If the client fails to permit the supply of services (other than for reasons beyond the clients reasonable control or Mastersoft’s default) then without prejudice to any other right or remedy Mastersoft may charge the client for any cost to Mastersoft, including the cost(s) of any work carried out by Mastersoft in preparation for the supply of services or products.
Any claim by the client which is based in a defect in the quality of services or products or a failure to follow the clients specific instructions shall be notified to Mastersoft within 24 hours of it being noticed. Further details of this are required in writing within seven days of initial notification. If the client does not notify Mastersoft within the first 24 hours of the alleged defect and again in writing within seven days, Mastersoft shall have no liability for such defects or failures and the client will be bound to pay the quoted price for the service and products provided.
Where any sustainable claim is made in respect of defective or deficient services or products, Mastersoft shall be entitled to correct the defect or deficiency free of charge or to refund monies paid where the specific service has not been completed. MastersoftL reserves the right to recover or hold the costs of the work already completed. In either case, upon payments made, or services rectified, Mastersoft shall have no further liability to the client.
The quoted price for the services and or products unless otherwise stated is exclusive of Value Added Tax and other duties or taxes payable in respect of such quoted prices.
Unless otherwise agreed in writing an invoice will be issued upon completion of the services and or delivery of the products. Deductions for payments made in advance of the completion of the services and or delivery of the products will be credited to the client.
Save where credit terms have been agreed in writing an advance payment on account of the quoted price must be paid before work can commence. The credit terms are seven days from the date of the invoice, subject to status and credit limit.
If the client fails to make a payment on the due date then without prejudice to any other right or remedy available to MastersoftL, Mastersoft shall be entitled to:
Cancel the contract or suspend any further service to the client
This contract is a rolling 12 month contract issued for a 10 year period. However, this contract may be terminated at any time with the given restrictions detailed below:
If during the first 12 months of the contract, the client wishes to cancel the agreement, written notice must be given and a payment not exceeding three times the fee stated in clause 7 shall become payable to Mastersoftwith immediate effect.
If the agreement is cancelled between 12-36 months, written notice must be given and a payment not exceeding two times the fee stated in clause 7 overleaf shall become payable to Mastersoft with immediate effect.
If the agreement is cancelled after 36 months, no cancellation fee will be charged providing that 6 months written notice is provided. Failure to provide written notice 6 months before the intended cancellation date will result in a charge of the fee stated in clause 7 overleaf.
Following successful termination of the contract between Mastersoft and the client, namely all fees and charges have been paid in full; all relevant documents relating to the standard (s) are to be returned by recorded delivery to Mastersoft Office.