TEACUP LTD (“Teacup)
STANDARD TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions (“terms”)
a) Usage of teacup’s products and services constitutes customer’s acceptance of Teacup’s terms and conditions, and all customers must comply with these terms.
b) If you entered into a signed proposal or contract for your services, please review it for specific terms relating to your obligations in addition to these terms. In the event that the terms of your signed proposal or contract conflict with these terms, the signed proposal or contract will prevail.
2. Provision of Services
a) Teacup agrees to provide the Services to the Client as set out in the proposal or contract..
I. in accordance with these terms and those set out in the proposal or contract;
II. will be of acceptable quality and shall be performed with due care and skill in a professionally competent and workmanlike manner;
III. using any best practice methods that Teacup considers appropriate;
a) Prices quoted do not include VAT for UK based companies. No additional service taxes are charged for non-UK company.
b) The Client must pay the Fees for the provision of the Services in accordance with the invoice for Services, which will be issues monthly.
4. Proposals and Contracts
a) Unless otherwise agreed by Teacup, a proposal or contract is open for acceptance for 30 days from the date of issue. Acceptance must be in writing and signed by the Client (at which time it is binding).
b) Acceptance of the proposal or contract shall constitute an acceptance of these terms and conditions (and any special conditions contained in the proposal or contract) and no variation, shall apply unless agreed and accepted by Teacup in writing
c) Teacup may vary the proposal or contract after acceptance if:
I. the Client provided Information which was provided to Teacup for the purposes of the proposal or contract that was incorrect, inaccurate, inadequate or incomplete;
II. the Client requested that Teacup provide additional services (being services other than the Services);
III. any cause beyond Teacup’s control that causes the necessary variation;
IV. the Client is in breach of these terms and conditions;
5. Term and Termination
a) The proposal or contract commences on the Acceptance Date (unless otherwise agreed in writing by Teacup and the Client) and shall continue on a perpetual basis at the end of each Term for a further Term unless either Teacup or the Client terminates the Proposal or Contract in accordance with these terms and conditions.
b) Both Teacup and the Client may terminate the proposal or contract with or without cause at any time by providing the other with 10 days prior written notice.
a) The Client shall indemnify and hold harmless Teacup from and against all claims, damages, costs (including without limitation legal costs on a full indemnity basis), losses, liabilities and expenses caused by the Client’s acts, omissions, negligence, breach of duty or breach of the proposal or contract.
a) The Client and Teacup each agree to ensure that the Confidential Information of the other (Discloser) is kept confidential. A party who receives the Discloser’s Confidential Information (Receiver) must not directly or indirectly divulge or communicate or otherwise disclose the Confidential Information of the Discloser, in whole or part, to any third party unless that third party is also bound by confidentiality on terms that are substantially the same as, or at least as onerous as, the terms owed by the Receiver to the Discloser under these terms and conditions or use of any of the Confidential Information of the Discloser for any purpose other than exercising its rights or fulfilling its obligations under these terms and conditions, without the prior written consent of the Discloser.
The terms set out below shall have the following meanings when used throughout these terms and conditions:
- Acceptance Date means the date that the Client accepts the proposal or contact
- Client means the party specified as the Client in the proposal or contracts
- Confidential information means any non-public or proprietary information concerning either party’s business, financial information, strategies, methods or processes;
- Fees means the fees specified in the proposal or contract and on the Teacup website, being the cost for the provision of the Services;
- Proposal or Contract means the document outlining the proposed Services that Teacup will deliver to the Client
- Services means all the services specified in the proposal or contract
- Start Date means the date Teacup is to commence providing the Services to the Client;
- Term means the term specified in the proposal or contract
- Terms means these terms and conditions