Solutions

Licence Terms for surveySwift

Definitions

Supplier (Survey Innovation Ltd)
Client (licensee of the Software)
Software (surveySwift)

Licensing terms

This licence is sold on the express understanding that its use will be limited to the Client as defined in the licence invoice. The term of this licence is one year from the date of the licence invoice.

Installation

The Supplier will configure the Software to personalise it to the requirements of the Client. No installation is required on the part of the Client. The Supplier will advise the Client of the URL, ID and password to enable it to use the Software. The Supplier will provide one day’s training on site and a second day to be taken to suit the Client.

Renewal

The licence may be renewed at the end of each year provided full payment for renewal has been received by the Supplier before the start of the renewal year. For the first renewal only, any unused response quota may be carried over to the second year. Any changes to licence rates will be notified to the Client not less than three months before the renewal date.

Termination

The licence may be terminated simply by non-renewal. In the event of termination, the Client may continue to receive responses to questionnaires launched before termination, for up to 60 days. The Client will be able to download, free of charge, all the replies to all its questionnaires, in Excel or SPSS formats during this 60-day period. The Supplier will delete all the files of the Client 12 months after termination. The Supplier will give the Client one month’s notice of its intention to do so. The Client may request the downloading of any files that it has not previously downloaded. The Supplier will charge the Client for doing this, at its current daily rate. In the event that the Supplier is unable to support the Client, the Client will be supported by CJudge SAS, the company that owns the source code of the Software and provides the platform on which is it run.

supportSwift Service and Support Agreement

The Client will enter into a Service and Support Agreement with the Supplier, whereby the Supplier will provide:

• Full customisation of the Client’s version of surveySwift, incorporating the Client’s name and logo and choice of questionnaire presentation style.
• One day’s initial on-site training and a further day that can be taken any time thereafter.
• Unlimited telephone and e-mail support desk between the hours of 9:00 a.m. and 5:30 p.m.
• ‘High availability’ bandwidth hosting (20 Mbps)
• Data encryption in-transit and at server
• Continuous product enhancement and automatic updates.

The Supplier will host the Client’s surveys and provide sufficient bandwidth for conducting the Client’s surveys. The Client will have access to all Software upgrades. The Software is robust and well proven. In the event of any technical problems arising with the Software, the Client must inform the Supplier promptly by email or fax. The Supplier will investigate the problem immediately and, provided the problem can be replicated or explained, it will be rectified expeditiously. The Supplier will investigate problems that it cannot replicate or understand but in the event that the cause of such problems proves to be for reasons not connect directly with the functioning of the Software, the Supplier reserves the right to make a charge for the time so spent. In the event that the system has to be taken down for planned maintenance or upgrading, the Supplier will notify the Client in advance, giving as much notice as possible and not less than 24 hours.

The supportSwift Service and Support Contract is charged at £145 per month or £1,450 p.a. if paid annually in advance, giving two months free each year. Any variation to these charges will be made only on renewal dates and a minimum of three months’ notice will be given of such changes.

Training and Consultancy Support

The Software contains comprehensive on-screen help and is supplied with User Documentation. The Supplier will give the Client one day’s training, initially, in the use of the Software and a further day to be chosen by the Client. A minimum of two people should attend the training. The cost of this training is covered by the supportSwift Service and Support Contract. Further training and consultancy to help with the formulation and construction of questionnaires, the management of panels and the conducting of surveys can be provided by the Supplier at its current daily rate.

Payment Terms

Initial and renewal invoices for licences must be paid in advance of the start of the relevant licence periods. Other invoices must be paid within two weeks of invoice date. If other invoices become overdue, the Supplier reserves the right to suspend access to the Software. All invoices are subject to VAT.

Confidentiality

The Supplier will store the data of the Client securely, treat such data as being strictly confidential and prevent access to such data by any unauthorised parties. The Client must neither copy nor transmit any part of the software to any other party, nor copy, nor transmit any part of the contents of the Software or the Survey Innovation website, except where authorised.

Liability

The Supplier warrants that the Software is fit for the purpose for which it is supplied. The Supplier warrants that it is legally entitled to sell the licence to the Client. The liability of the Supplier is limited to refunding the licence fee paid by the Client. The Supplier cannot accept any responsibility or liability for the use that is made of the Software. The Supplier accepts no responsibility for the speed of performance of the Software, as this is dependent on the specification and quality of the Client’s Internet connection. The Client must confirm to the Supplier that it has on-line, up-to-date virus checking. This is to ensure that the invitation e-mails sent to respondents do not contain viruses. Viruses will not directly affect the Software but the Supplier is concerned less its reputation should be tainted by being associated with infected e-mails.