Description Of The Services Contracted
a) The Supplier will provide Recite Me web accessibility software (“the Web Accessibility Software”) for the Client’s website for the duration of the agreement. Recite Me is supplied on a software as a service (“SaaS”) basis.
b) The Supplier will provide a named account manager who will be the main point of contact between the Supplier and the Client throughout the agreement
c) The Supplier will provide technical support as required
Exclusivity and Intellectual Property Rights
a) During the term of the contract, the Client will not contract with other suppliers of software similar to the Web Accessibility Software.
b) The Supplier is permitted to offer the same Web Accessibility Software to other companies.
c) It is agreed and acknowledged that all Intellectual Property Rights in the Web Accessibility Software shall belong exclusively to The Supplier.
d) This clause 6 shall continue to have full force and effect both before and after termination of this Agreement (for whatever reason).
The Supplier is committed to providing technical support to the Client, when applicable, throughout the Term of this agreement. Furthermore, the Supplier will ensure that the Web Accessibility Software is available in accordance with the service levels set out in Appendix A.
Breach Of Contract
a) The Supplier will endeavour to rectify a breach of contract within 1 month
b) The Client shall be permitted to contract with another supplier should the Supplier fail to rectify the breach within the given period
Both parties must keep each other advised of any special requirements that are applicable to the services
The contract can be terminated without notice subject to
a) receivership, administration or liquidation of either party
b) breach of any term of the agreement that is not remedied within one month by either party
c) gross misconduct of either party
a) Each party agrees to keep confidential any and all commercial, technical, financial or other business information concerning the other party to which it may become party during the course of this Agreement and further agrees in particular not to disclose all or any part of that information to any third party, except as may be required by a mandatory rule of law or order of court of competent jurisdiction.
b) For the purposes of this clause if the parties agree that confidential information shall not include:
Service of documents between the parties may be by email or normal post.
a) The Supplier is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
b) Save in the case of death or personal injury resulting from its negligence the aggregate liability of Recite Me Ltd. under this Agreement (howsoever arising) shall not exceed £5,000.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.