TERMS & CONDITIONS
These are the terms and conditions of mySoftware.ie, an Evros brand. Please read them carefully as through conducting transactions on this Website, you are agreeing to our terms and conditions. Your existing statutory rights are not affected by these conditions.
“Customer” means an individual who is acting on behalf of his/her business or organisation.
“mySoftware.ie” is understood as mySoftware.ie, the company, and is also referred to as “we” or “us” or “our” in these terms and conditions.
“Products” means any individual software product or software licencing described on our Website.
“Services” means any service or support provided by mySoftware.ie to you, the customer.
“Charges” is understood as the outstanding amount that the Customer is due to pay to mySoftware.ie for Goods and Services.
“Invoices” is understood as an electronic record of the Customer’s charges outstanding for payment of Goods and Services to mySoftware.ie.
“Normal Working Days” means 8am to 6pm, Monday to Friday, excluding Bank Holidays or other public holidays.
1. Term and Termination:
The term of the Service Level Agreement between the Customer and mySoftware.ie is for 6 months from the agreed start date and shall automatically renew unless 60 days’ written notice is given by the Customer.
This agreement can be terminated if any terms of the Vendor Agreements have been breached, including Microsoft CSP Agreement. (View Microsoft CSP Agreement)
2. Billing and Payment
Payment obligations: The Customer shall pay the Charges registered to the Customer as calculated in accordance with mySoftware.ie.
Invoices: A separate electronic Invoice will be issued via the portal to the Customer’s nominated billing contact on a monthly basis, in respect of each of the Products and Services purchased each month on the billing date.
Payment of Invoices: VAT at the appropriate rate shall be added to all Invoices unless otherwise specified. All Charges and other payments must be paid via direct debit or by the agreed credit terms by the due date.
The Customer understands that his/her credit or debit card will be used in the payment of Products and Services. It is understood that there are sufficient funds or credit facilities for the payment of Products and Services, and that authorisation has been given for the payment of Products and Services. mySoftware.ie reserves the right to implement validation of your credit or debit card details before providing you with any Products or Services.
Disputed Invoices: Should the Customer disagree with any Charges shown on the Customer’s bill, the Customer is requested to contact their Account Manager, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If following the complaints procedure, it is established that the charges on any invoice are incorrect, Evros shall credit any overpayment to the Customer’s account.
Default on Invoices: In the event the Customer defaults on payment of any invoice properly rendered the Customer shall also be liable for all reasonable costs incurred by Evros in enforcing this Agreement including administrative costs and the cost of collecting any payments. Access to Evros service desk is not available if invoices are not paid and up to date.
Self Service Portal: When using the self-service portal, the customer is responsible for the financial impact of any licence or subscription changes. New licences added are billed from the day they are used.
All prices quoted are in Euro which exclude VAT. Products and Services, together with VAT, are Invoiced at the price specified on the website at the time of order. We reserve our right to modify the prices of our Products and Services at occasional points in time.
During transactions with its Customers, under no circumstances will mySoftware.ie be held liable for indirect or any consequential damage or loss, however caused, which includes, and is not restricted to: damage to trading relationships, loss of profits or business, loss of goodwill, loss of data, and other financial loss.
5. Force Majeure
We retain the right to cancel or defer the transaction of Products and Services to the Customer, by reason of delay or failure to deliver due to circumstances beyond mySoftware.ie’s control. Example: An act of God, explosion, flood, fire or accident, epidemic, power failure, industrial dispute, war etc.
mySoftware.ie acknowledges the intellectual property rights of suppliers and manufacturers of Goods on our Website. Products and Services images are provided for illustrative purposes only and the actual Products and Services you receive may differ from the image displayed in the catalogue or on our website, especially with generic Products and Services.
7. General Terms of Business
We, the company will make every effort to respond to the Customer query via phone, email or post within 48 hours of the receipt of any such query. In regard to Customer complaints, mySoftware.ie will make every effort to respond within three Normal Working Days and update the Customer on the process.
If any provision of these Terms and Conditions have been found in dispute by competent jurisdiction to be invalid, illegal, or voidable, it will not affect the remaining Terms and Conditions of the document. If any variation of our Terms and Conditions has been agreed by mySoftware.ie, the variation must be expressed in written form by an authorised mySoftware.ie official.
In the event of a dispute between the Customer and mySoftware.ie, the Customer agrees to submit to the jurisdiction in writing under the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.