

That it has and will at all times have full power and authority and all necessary third party licences and consents to enter into and perform its obligations under this Agreement.SYNCHTANK reserve the right to prevent the client from accessing SynchTank’s Service in the event of invoices becoming outstanding whilst such invoices remain unpaid. Without prejudice to any other right or remedy of SYNCHTANK, if the Client fails to make any payment under this Agreement on the due date for payment then following prior written notice SYNCHTANK may charge the Client, and the Client shall pay SYNCHTANK on demand, interest on the unpaid amount at the rate of two percent (2%) per annum above the then current base rate of HSBC Bank Plc from the due date for payment until payment is received in full by SYNCHTANK.All invoices submitted by SYNCHTANK shall be paid by the Client before service provision occurs.All sums payable hereunder are exclusive of VAT or any other applicable tax or duty payable upon such sums which shall be added if appropriate at the rate prevailing at the relevant tax point.The SYNCHTANK Subscription charges defined in Schedule 1 & 2 will be subject to increase of a maximum of 5% on each anniversary of the date of this Agreement during the Term of this Agreement (by written notice from SYNCHTANK to the Client), provided that the Client’s right to terminate set out in Clause 7 of this Agreement shall remain in effect at all times.
#Fundimensions waiver software
Incremental upgrades to SYNCHTANK’s Software as defined in Schedule 2 will be included free of charge if provided by SYNCHTANK to the Client on that basis.All Charges will be invoiced annually in advance as detailed in Schedule 1 & 2.In consideration for the provision of SynchTank’s Service the Client shall pay to SYNCHTANK the Charges in accordance with the provisions of Schedule 1 & 2 and this clause 3.The Client is not permitted to resell SynchTank’s Service without the express written permission of SYNCHTANK. SYNCHTANK grants a Participant access to and use of SynchTank’s Service to the extent that this Agreement remains in force. SynchTank’s Service facilitates collaboration between the Client and its customers, agents, contractors, sub-contractors and others (collectively "Participants" in this clause 2.1). In consideration for the payment by the Client to SYNCHTANK of the Charges on the terms of Schedule 1 & 2 and clause 3 of this Agreement subject to the terms and conditions of this Agreement, SYNCHTANK shall provide SynchTank’s Service to the Client on a worldwide basis."Working Day" - means a day (other than a Saturday or Sunday) on which the banks are ordinarily open for between the hours of 09."Uploaded Data and Files" - means the music files and data supplied by the Client, which the Client (and/or SYNCHTANK) uploads onto SynchTank’s Service."Term" - means the Initial Term (as defined in clause 7.1) and any further period during which this Agreement continues pursuant to clause 7.1.1."SynchTank's Software" - means the proprietary software which is designed and/or owned by and/or licensed to SynchTank as the same is used in SynchTank’s Service."SynchTank’s Service" - a web site environment provided by SYNCHTANK using SynchTank’s Software under the terms of this Agreement, which includes associated technical support."Intellectual Property Rights" - any and all patents, trade marks, design rights, unregistered designs, copyrights, know-how, rental rights and similar current and future rights throughout the world (and including all renewals and extensions) whether or not they are registered or capable of being registered."Event of Force Majeure" - strike, fire, national or regional power failure, flood or any disaster, act of God, act of terrorism, War or similar event."Charges" - the charges set out in Schedule 2 and clause 3 of this proposal.Have the following meanings unless the context otherwise provides: In this Agreement the following expressions shall.The Client wishes to engage SYNCHTANK to provide and maintain a web based SaaS synch asset management software, SynchTank’s Service under the terms of this This Agreement consists of these Terms and Conditions, Schedule 1, Schedule 2 Background
