Download copy of Terms and Conditions(30K)

The terms and conditions under which we, Cowen Software Ltd, offer our services to you, the Client.

These standard terms may be overridden by any individual contract, after negotiation with the client.

 

Services Offered

Cowen Software offers various distinct services:

• Software development
• Software maintenance
• Hardware Resale
• System Testing
• Orphan Rescue
• Web Design

Software development

We will develop new software, or enhancements to existing software for you. The software will be written to a specification pre-agreed between ourselves and you. We will deliver it to you for approval, and will undertake to provide support and enhancement at rates and conditions comparable to those under which the software was developed. We will not "stiff" you.

Software maintenance

We will maintain software on your behalf. We will make our best efforts to resolve problems in a timely manner. Where circumstances make this impossible we will notify you promptly. Where rapid response is critical, for example when a vital system is unavailable, we will agree with you a set of written procedures for escalating problems, and indicating clearly what actions may be taken by ourselves without escalation.

Hardware Resale

We will buy and sell second-hand computer hardware. Normally we will only buy items where there is good reason to believe they have been properly maintained and are in good working order. A certificate of maintence or similar is normally required. For all items sold we will provide the certificates of proper maintenance and of functionality, as supplied by our suppliers, together with a clear statement of what other guarantees and warrantees we make on each item.

System Testing

We will test new software for you. This includes:

• Review of the functional specification and user documentation.
• Generation of an agreed set of functional tests, that the system does what it should.
• Generation of an agreed set of stability tests, that misuse cannot damage the system.
• Development of a test database, and test environment.
• Setting up of an agreed error reporting procedure.
• Carrying out of the tests.

Orphan Rescue

Where one of your systems has been left in a disordered state, for example:

• Someone has left taking the master password with them.
• Proper documentation has not been produced, or has been lost.
• Proper release control procedures have not been followed.

Then we will do our best to recover the situation as best we can, to provide a complete, documented and controlled system. We will notify you of all risks that we find, and carry out corrective work in consultation with yourselves.

 

Web Design

We can design web pages to order, designed using Dreamweaver, Flash and Fireworks. Contact us for examples of our work.

Supply Charges

Initial Enquiry

On first enquiry from a client we offer to carry out an initial investigation, up to 1/2 day to investigate the situation. and the requirements.

Following the initial investigation:

• If we cannot help, we will say so, and withdraw, there will be no charge to yourselves.
• If we cannot help, but know someone who can, we will pass you on to them. If they solve your problem, then we will make a charge to you for our time.
• If we believe we might be able to help you, then we will outline our proposals to you, together with the risks involved. If you accept, then our normal charges apply, including for the initial investigation. If you do not feel able to accept them, then there will be no charge to yourselves.

Charges for Standard Services

Our charges are negotiable, but in general we have three levels of charge.

• Work carried out at our offices
• Work less than within 50 miles (80 km) of Manchester
  
• Work more than 50 miles (80 km)of Manchester .
  

We provide all normal software and hardware required, such as PC's, office software and emulators.

Additional Charges

We reserve the right to make additional charges to cover our costs in certain circumstances.

• For work more than 50 miles (80 km) from Manchester.
• For involving exceptional communication costs.
• Where special software or hardware is required, or where safety or security reasons our own software or hardware cannot be used.

Such charges will always be notified to you in advance.

Payment Terms

Invoices are raised on acceptance of a deliverable. They become due 30 days after elapsed. For invoices which fall significantly late we reserve the right to charge interest under the appropriate legislation at the rate laid down by Parliament.

Confidentiality

Any information we obtain from you in confidence will remain confidential. It will not be revealed to any third party. The only exception to this will be in matters concerning legal obligations, criminal or unethical activity, or health or safety.

Warranties

The complex nature of modern software makes it impossible to warrant that any piece of software is completely bug-free. We will however take all reasonable steps to fully test all software.

• At the design stage of newly developed software, or of corrections to errors found during system maintenance or orphan rescue we will agree with you a set of tests to be done.
• Before delivery of newly developed software or of corrections to errors we will carry out testing to the best of our ability, including but not limited to the agreed tests.
• At delivery of newly developed software or of corrections to errors we will deliver a report of the tests carried out.

For a test period (normally 2 weeks) we will support and correct any faults found free of charge.

After the end of the test period we will charge for support and correction of further errors.

When providing maintenance or orphan rescue services, or in any case where we are at risk from errors or strange behaviour in third party software or any other cause beyond our control, then we will make our best efforts to guard against such damage or risks. We will notify you immediately on becoming aware of the risk, and seek to agree with you a least risk solution. The decision as to what action to take, and the responsibility for that action will be yours.

In any circumstance of actual damage or a risk of damage arising from third party software or any other cause beyond our control, and which could not reasonably have been foreseen by ourselves, then we cannot accept any liability for the consequences.

In all cases

• We will maintain current professional liability and other appropriate insurances.
• We will correct without charge any faults caused by our own gross negligence or neglect of duty of care.

What we require from you

Access

You agree to provide us with suitable access to your systems, documentation and premises, so that we can operate appropriately.

Named Person

We cannot provide a proper service to you without your co-operation. You undertake to provide a named contact, who will respond to queries from ourselves in a timely manner. Where out of hours support from ourselves required, then your contact must also be available at the appropriate hours. The named contact will be responsible to:

• Resolve all issues of uncertainty in specifications or correct behaviour when fixing bugs.
• Assess any risk situations and take any decisions on risk resolution.
• Agree changes to specifications, procedures and other such matters in the event that problems are discovered during implementation installation or development.