MCS IT Services - www.missioncompleted.com
Terms & Conditions
Orders are governed by the laws of the country the order is fulfilled in. The operation of the postal acceptance rule is expressly excluded. The terms and conditions contained on this document supersede any previous terms and conditions.
In no event shall MCS or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use created software or services.
The intellectual property rights, copyright and company trade secrets of MCS (conceived July 1989) vested in all software products, upgrades, dual-media software, hard-copy or electronic manuals and documentation are vested in MCS, which reserves the right to use the software or material, or any part of it in other applications and for its own use.
Invoices on T & M
Invoices to all orders on time and materials will be compiled from our monthly delivered standard reports for consultant activities with daily reported times and detailed activity listings or the related materials reports. Should you have a preference on other reporting mechanisms in your project context – to fulfill these requests there has to be a specific and mutually signed agreement of extension to our standard conditions (T&C) prior to any project start.
MCS reserves the right to charge interest on all overdue accounts (including fees and disbursements) at a rate of 14% per annum compounded daily. Overdue accounts are deemed to be those accounts that remain unpaid after 7 days from the date of invoice for services or products provided by MCS.
Cancellations by the Client
If any hourly job is cancelled by the Client after commencement, MCS will charge for all hours up to that point in time. If an hourly job is cancelled by the Client, any pre-paid work not fully completed will not be refunded; however the remaining balance will be credited to the Client's account for future utilisation. If any fixed price job is cancelled by the Client, MCS will retain the initial fifty percent of pre-paid value. Any further hours completed will be charged to the Client as a proportion of the quoted price based on hours completed to that point in time.
You agree to supply us full payment for all services received, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all monthly services received, those services will be billed on a monthly recurring basis. You agree that any annual service purchase will expire at the end of their paid term unless explicitly renewed by you. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us. If you fail to make payment within the terms of this agreement, you understand we reserve the right to suspend or cancel your account.
Services of all Notices
Services of all notices shall be sufficient if delivered or sent by any form of email (preferred), facsimile, or post (standard, certified or registered) to either party's business address.
All documentation including proposals, strategy, reports, scopes, developments, concepts, all sorts od strategic advice, electronic copies and information in connection with or arising from the Service is the property of MCS, until such time as the final invoice has been paid in full.
Clients obligation to provide information
The client or its agent must provide MCS with all required information for the provision of the Services. Inclusive of all documentation, relevant briefs, artwork, electronic resources, written acceptance of Proposal and consultancy agreement, any background information and any information that will impact on the Service. MCS do not accept any liability in connection with information provided by the client the client’s agent and it is taken to be accurate, correct and true.
MCS may choose to estimate the completion date of a project. While we will endeavour to meet all deadlines, we do not offer any guarantees, and MCS is not liable for losses suffered due to a project being completed after the estimated completion date.
Termination of Orders
We may terminate orders if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our special trading terms.
MCS is not liable for any equipment failures be it MCS's equipment or equipment on the Client site.
Each of the above clauses is severable and is enforceable separately. If one or more clauses are deemed unenforceable, this does not affect the validity of the rest of the contract.