Terms & Conditions
Confidentiality
8.1.1. Each party agrees to keep confidential any information supplied to the other party during the course of the project and each party undertakes not to use confidential information for any purpose other than that for which it was disclosed. Confidentiality obligations survive the termination of the project or engagement.
Data Protection
8.2.1. Empowerion Solutions accepts no liability for the loss, accidental or otherwise, of any data. It is the responsibility of the Client to ensure all data is backed up and protected from viruses and other disasters by putting in place proper backup and disaster recovery plan.
Warranties
8.3.1. All software and hardware supplied is covered by the original licensor's warranty. Because of the nature of the software, this warranty is usually limited to protecting the user against programming errors. It is in your interest to carefully read the licensing agreement.
Travel
8.4.1. When use of Empowerion local resources and/or remote working is not possible, or client prefers member of Empowerion consultants’ team to be on-site who are based in geographic location farther than 100 kilometers, all reasonable costs of travel and accommodation are expected to be met by the Client during any project or during the supply of support services.
Validity
8.5.1. All proposals issued are valid for 30 days from the date indicated.
Project Changes, Cancellation and Termination
8.6.1. Empowerion reserves the right to review and negotiate the estimated costs and/or development times given in any proposal before, during, or upon completion of a project.
8.6.2. If the project is cancelled at any stage by the Client, then all fees owing for completed, or partially completed work will still be payable in full.
8.6.3. Either party may terminate the engagement by providing 30 days’ written notice to the other.
8.6.4. Either party may terminate the engagement if the other materially breaches these terms of engagement and fails to remedy the breach within 7 days of receiving notice from the non-defaulting party.
Intellectual Property Rights
8.7.1 All intellectual property rights created or developed by Empowerion prior to the provision of the services or in connection with the provision of the services will belong to Empowerion.
8.7.2 No intellectual property owned by Empowerion should be disclosed to third parties without Empowerion prior written consent.
Liability and Credit Claims
8.8.1. Empowerion liability to the Client whether arising under these terms of engagement or from the performance of any service provided to the Client is limited to the fee actually paid to Empowerion or, if rectification is possible, the rectification of any service provided at no cost.
8.8.2. Empowerion will not be liable to the Client for any claim, liability or demand relating to loss of revenue or profit or any kind of economic loss, any kind of indirect or consequential loss or damage or any loss or damage which is not a direct result of a breach by Empowerion of these terms.
8.8.3. All claims for credit are only considered on submission of a written claim and need to be received by Empowerion within 30 days of the invoice date.
Invoicing and Payment - Fees
8.9.1. On Fixed cost projects, payment schedule for Odoo implementation project (payable to Empowerion) consist of 30% deposit upon signing the agreement, 50% upon Go-live and reaming 20% upon 1st week after Go-live (final sign-off).
8.9.2. On projects based on service packages (pre-purchased hours of 10, 20, 50 or 100 for implementation or ongoing support), the full amount (100%) of invoice is payable upon invoicing and any remaining hours (unused) will be rolled over to next task/period automatically. Unused hours of any task delivered/month will be expired in its next 12 month period.
8.9.3. Subscription costs will be invoiced from Odoo and to be paid to Odoo directly.
8.9.4. Invoices for service provided (consulting or support) and Software/Hardware purchased for client will be sent upon delivery of such service or goods (milestone or timesheet basis). All amounts to be paid by the Client are exclusive of GST and a valid tax invoice will be provided to the Client accordingly. The general payment term of Empowerion is 7 calendar days of the Invoice date, unless otherwise specified in the agreement. Currently only bank transfer to designated Empowerion bank account is accepted as available payment method.
8.9.5. If the Customer fails to pay any amount as due, Empowerion may charge interest on the overdue amount at the rate of 8% per annum (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).