Software and Consultancy Terms of Service
1. About us
Fantom Factory Limited ("FF", "we" or "us") is a private limited company incorporated within England and Wales. Our business address is registered to 53 Empire Avenue, Cwmgwrach, Neath, South Wales, SA11 5SU, UK.
We may change these terms from time to time by updating this page. You should review this page regularly. Your continued use of our services after changes have been made will be taken to indicate that you have read and accepted those changes.
2. Our services
Fantom Factory Limited provides software and consultancy services for global clients. We operate from our home office and provide all work via online communication channels. We offer bespoke software solutions and tools. Our consultancy services range from online training, specialist technical advice and troubleshooting assistance. All software and consultancy work is estimated and / or invoiced on a daily rate based on Great British Pounds Sterling (GBP).
3. Our terms of service to you:
- We will always provide honest and objective tailored advice to your best interest.
- We aim to fully understand your environment and all technical aspects before drafting a plan of work or estimate. Completion of our services to you will be based on the information provided to us.
- All work will be completed as efficiently as possible in good time. Any quotes or estimates will be issued to judge these timescales to the best of our ability, however the final time spent (and invoiced) may vary from these. We will notify you in advance of any significant differences.
- Once agreed dates have been scheduled, we will not put another client's needs before yours.
- We will always complete agreed work, provided that all requirements on your side have been fulfilled and barring any extenuating circumstances (natural disaster, emergencies, medical etc).
- We will provide full technical assistance for our provided services for the period of one working week on delivery. At this point we shall issue our final invoice, which signifies your satisfaction with our completed services on payment.
- All information disclosed to us in order to perform our services to you will be treated as confidential and will not be disclosed to any other parties.
4. Your obligations to us:
- We require full and detailed technical requirements which will have any impacts on our services to you. We can provide assistance with gathering this information.
- The accuracy and completeness of any information, especially with regard to the details of technical requirements, are your responsibility.
- You must provide requested information and assistance in good time once scheduled work has begun. We reserve the right to cancel/reschedule contracts for service with you, should you fail to provide the assistance required to continue our services within good time (*).
- Any costs or expenses associated with site visits or deliveries of equipment to our address (for testing) will be borne by the client.
- We reserve the right to cancel any contracts of work should we experience abusive behaviour.
(*) Delays of over a week can impact our commitments to other clients.
5. End User License Agreement (EULA)
The scope and purpose of any created software is defined in the Service Agreement (sent for your approval before the start of any work). By accepting the EULA definition within the Service Agreement, you agree to the following conditions:
- You will not sell, distribute or use any software provided by and 'owned' by Fantom Factory Ltd outside of the original scope and purpose.
- You may not reverse engineer, decompile, or disassemble any software to access the source code if it has not been provided by us.
6. Warranty and Support
- Our services will be provided to the best of our ability based on information provided by you. Should there be any impact to our provided services, caused by a lack of detail, a new development or technical impact, or incorrect information on your part, we cannot be held responsible for the failure of our delivered services as a result. We may need to invoice for any extra time spent to troubleshoot and fix issues as a result of such circumstances, for which you will be notified in advance.
- After our services have been delivered, we will be available for the period of one week to assist with further related technical queries and advice. We do not provide a warranty beyond this timeframe and payment of our invoice will signify satisfaction with our completed services.
- No refunds will be issued for delivered services, although time in lieu on further support may be agreed for individual circumstances.
- We do not provide software updates. Each piece of software we deliver is a finished product in it's own right. Later versions of any software will be considered as new products.
- Our hours of service are advertised on our website, and are normal office hours within England and Wales. Unless otherwise agreed, our support will be provided within these hours (GMT timezone).
7. Intellectual Property
- Unless otherwise agreed with you, we retain the full Intellectual Property Rights to any software we create.
- Unless otherwise agreed with you, we reserve the right to resell any of our 'owned' software.
- We further exclude to the fullest extent permissible by law (please see directly below for more details) all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organisation and arising out of or in any way our provided services.
- You will defend, indemnify and hold harmless us, our directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these terms of service.
- Except to the extent applicable law provides otherwise, our services to you are governed by the laws of England and Wales. You and Fantom Factory agree to submit to the exclusive jurisdiction and venue of the courts located in the county of Neath Port Talbot, Wales.