![]() ![]() Consultancy Services means any bespoke professional services to be provided by Zym to Customer (as agreed from time to time or set out in the Quotation), other than the Subscription Services or basic Support, including, for example, technical assistance, training and Customer on-boarding. Consultancy Charges means the service charges detailed in the Quotation for any Consultancy Services, or which Zym confirms to Customer from time to time in respect of any further agreed Consultancy Services. Contact Information means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to Customer’s landing pages on the Subscription Services or uploaded by Customer to the Subscription Services. Contact means a single individual (other than an Authorised User) whose Contact Information is stored by Customer in the Subscription Services. Confidential Information means in relation to either party, any or all information of a confidential nature (whether in oral, written or electronic form) including trade secrets and information of commercial value known and belonging to that party and concerning its business, suppliers, customers, products or services (including without limitation the Software and its ancillary documentation) and any other information which the recipient knows or is notified or has reason to believe is confidential to the disclosing party. Communication Services means third-party forums, online communities, blogs, personal web pages, calendars, and/or social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Services that enable Customer to communicate with the public or with a private group. Commencement Date means the date specified for commencement of the licence in the Quotation, or if none is specified, the date the Quotation was first signed by Customer. Business Day means any day which is not a Saturday, Sunday, bank or public holiday in Northern Ireland or the jurisdiction in which Customer is based. Authorised Users means those employees, representatives, consultants, contractors or agents of Customer only, who are authorised by Customer to use the Subscription Services and its ancillary documentation for the benefit of Customer, and who have agreed to the terms of the EULA, who shall each have unique user identifications and passwords for the Subscription Services, and for whom the Customer has paid for subscriptions as part of the Subscription Services (as specified in the Quotation). INTERPRETATION 2.1 In the Agreement the following definitions and rules of interpretation shall apply: Agreement has the meaning given to it in clause 1.2. 1.7 Any Quotation issued by Zym shall be valid for a period of 60 days from the date of issue, if not counter-signed and returned by Customer, at which point the offer outlined in the Quotation shall lapse.Ģ. This version one of these General Terms was most recently updated on 31 January 2020. Every time Customer agrees a new Quotation with Zym it should check these General Terms to ensure that it understands the terms which will apply to the Agreement at that time. 1.6 Zym may amend these General Terms from time to time as set out in clause 15.14. 1.5 Any order placed by Customer shall only be deemed to be accepted upon Zym’s signature of, or email agreement to, the Quotation at which point and on which date the Agreement shall come into existence. Customer should print or save a copy of these General Terms for its records. ![]() 1.4 These General Terms are published on Zym’s website. 1.3 When construing the meaning of the Agreement, the documents listed in clause 1.2 shall be interpreted in a reverse order of priority in the event of any inconsistency or conflict, with documents appearing later in the list taking priority over documents appearing earlier in the list. ![]() Together the above documents shall constitute and be known as the Agreement and apply to the contract between the parties to the exclusion of any other terms that Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. ![]() 1.2 The parties’ agreement for the licensing, use and provision of the Services is made up of (i) these General Terms (ii) the Quotation and (iii) any other written document either issued by Zym (and expressly referring to and incorporating itself into the agreement) or any amendments or supplements to the agreement signed and agreed in writing between the parties. INTRODUCTION 1.1 This page sets out the general customer terms (General Terms) which apply to any Service (as defined below) which Zym (trading name of Zymplify Limited) (as defined below) licences or provides to any Customer (as defined below). ![]()
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