Commercial Terms and Conditions
In addition to the terms and conditions mentioned in previous chapters the following terms and conditions apply. For additional information on our terms and conditions please refer to our general terms and conditions 'General Terms of Delivery (SQL-ALGLVW-9902.01)'. (see below)
Unless otherwise stated all fees in the proposal are in Antillean guilds excluding legal turnover tax (OB)
2. Payment and billing
Billing for standard products will take place after the signing of the contract and installation, more specifically:
• After formally rendering confirmation 50% of all license fees
• At the commencement of installation of the system the remaining 50% of all license fees
• At the commencement of installation of the system 100% of the maintenance costs for 1 year
Billing of the annual maintenance costs takes place at the beginning of each following year unless otherwise specified.
Depending on the contract value, billing for custom-made software solutions in a fixed price agreement will take place after the signing of the contract, installation, and acceptance, more specifically:
45 days after a solution has been deployed for acceptance testing and if no test results have been notified the solution is automatically considered accepted by the client at which time any remaining payments on the contract will be billed.
Billing of time material services will take place monthly based on Ictual's hour specification form. 14 days after delivery of an hour specification form and if no corrections have been requested by the client, the hour specification form is automatically considered as accepted by the client at which time the specified hours will be deemed payable as is.
Billing of training will take place after signing the contract.
Payments must occur within two weeks after the invoice date. For standard product delivery, a minimum payment of 50% of the total invoiced amount must have occurred prior to installation. For training, payment in full must occur prior to the starting date of the course.
3. Administration and order numbers
The client provides an order number or purchase order in reference to the agreement on this proposal and/or a clear procedure for timely processing and payment of issued invoices. Delivery of services related to this agreement may be suspended upon failure of timely settlement of invoices by the client. The presence or absence of order numbers do not in any way relieve the client of payment obligations under this agreement.
All prices and fees mentioned concern delivery in the year of the proposal and are valid up until the end date of this proposal.
In the event no other agreements are made, Ictual will commence planning activities after receipt of the order confirmation/signed contract. The client should consider a four-week planning time span.
6. Term of notice
In the event no other agreements are made, a term of one month's notice is applicable to terminate staff augmentation contracts. Maintenance and support agreements must be canceled at least three months prior to the expiration date to prevent automatic roll-over into subsequent a contract period. Cancellation or rescheduling of planned and confirmed resource engagements with the client must be notified 3 days prior to the scheduled time. A partial or full payment of the engagement value can be required by Ictual if cancellation occurs later than 3 days prior to the engagement.
7. Hourly fees
In other than fixed price agreements all costs for installation, consultancy, and software development are calculated and billed based on the actual hours and costs and the applicable hourly rates. Client billing is subject to a minimum of two hours. Travel time exceeding one hour will be calculated as regular working hours. Necessary in-house preparation and processing activities are considered regular working hours. Travel, local transportation, and stay-over costs will be billed separately in case no other arrangements are agreed with the client.
The hourly rate for overtime on weekdays (Monday through Friday) is charged at 150% of the standard rates, for each extra hour that exceeds an eight-hour working day. The hourly rate for overtime on Saturdays is charged at 150% of the standard rates for each hour worked. The hourly rate for overtime on Sundays and on national holidays is charged at 200% of the standard rates. Unless otherwise agreed, work in overtime hours will only occur upon request of the client.
9. Resources and location
In the event that the activities are performed on-site at the client, the client is responsible for providing workspace and supplying all required hard- and software for Ictual professionals. If required Ictual can supply temporary hard and software for contracted consultants for an additional 10% on all charges. In cases when the majority of activities are executed at Ictual premises, Ictual will provide the required hardware and software for its professionals.
10. Validity of the proposal
This proposal is valid for 30 days after the issuance of the proposal.
Please download our General Terms of Delivery (SQL-ALGLVW-9902.01) for more details.