About Us > General Conditions
 1. Definitions

In these conditions, the following terms have the following meanings, unless explicitly stated otherwise.

Contractor:    ACME Software - 255 Village Parkway, Suite 580 Maritta, GA 30076 the USA
Principal: the other party of the contractor.
Command:

The agreement between the client and determine work performed by the contractor should be and the conditions under which this should be done.

Fouten:

where such conditions involving rights or obligations with respect to errors, the term error means it does not meet expressly agreed in writing specification or by ACME Software provided written functional specifications, an error shall only exist if it can be reproduced.

 2. General
  1. The General Conditions apply to all offers, activities, contracts and agreements between contractor and client, or their legal successors. Standard Conditions of client funds only if they are accepted by the contractor with written confirmation.
  2. These conditions also apply to all contracts with the contractor, for which third parties should be involved.
 3. Bids and Awards
  1. Prices are exclusive of VAT and all other taxes, duties or charges payable in connection with the contract.
  2. Prices apply in principle to a calendar year. Adaptations may in any event by January 1 each year are made.
 4. Payment
  1. Payment must be made within three weeks after the invoice date, unless the client and agreed upon. Objections to the amount of the claims suspend the payment obligation.
  2. Payment must be made by the total amount to account for the Bizner 3228.13.719, quoting the invoice number.
  3. After the due date the customer is in default and the contractor has the right to charge statutory interest. The interest on the amount due will be calculated from the moment the client is in default until the moment of payment of the full amount, a part of the month is considered the entire Mon The cost of a reminder, reminder and summons because of the failure of the principal amount each time € 150.00 charged to the client come. These costs relate to the coverage of the administrative consequences of the contractor.
  4. If payment is not within the prescribed period has occurred, the contractor may suspend performance of the contract until payment is made.
  5. In the event of liquidation, bankruptcy, seizure or receivership of the principal contractor on the claims of the payable.
 5. Retention
  1. All goods delivered by the contractor, possibly also including designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of the contractor until the client all of his obligations under all contracts entered into with the contractor complied.
  2. The client is not competent under the title falling to pledge or otherwise encumber.
  3. If third parties seize goods delivered under retention of title or rights to establish or exercise is required principal contractor as soon as reasonably may be expected to know.
  4. The client undertakes the property to be delivered to insure and keep insured against fire, explosion, and - water damage and theft, and the policy of this insurance on first request for inspection.
  5. Delivered by the contractor, under the one below. of this article under the title, may only in the ordinary course of business are sold and may never be used.
  6. In the event that the contractor in this article are designated to exercise property rights, the client unconditional and irrevocable permission to the contractor or the designated third party to all these places to enter the property of the contractor is located and doing business co retrieval.
 6. Provision of information

The principal contractor shall provide timely manner all documents, information and contacts necessary for the proper performance of the contract.

 7. Secrecy
  1. Both parties are required to disclose any confidential information obtained in the course of their duties to each other or from another source. Information is considered confidential if the other party has indicated so or if it arises from the nature of the information.
  2. If, by virtue of a statutory provision or a court order, the contractor is obliged to confidential information by law or by the court appointed third parties to provide relevant and the contractor is unable to invoke a law or by the competent court or permitted right to refuse, then the contractor is not liable for damages or compensation and the other party is not entitled to terminate the contract on account of any damage resulting.
 8. Major Force
  1. Parties are not obliged to perform any obligation if prevented from doing so as a result of a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted practice expense.
  2. Force majeure is in these General Conditions means in addition to its definition in the law and jurisprudence, all external causes, foreseen or unforeseen, that the contractor's control, but which the contractor is unable to obligations. Strikes in the contractor's company, illness, disability included.
  3. Contractor has the right to invoke force majeure if the circumstance rendering (further) fulfillment occurs when the contractor should have fulfilled its obligations.
  4. Parties, during the period of force majeure the obligations under the command suspend. If this period lasts longer than two months, each party is entitled to terminate the contract without obligation to pay damages to the other party.
  5. To the extent the contractor at the time of the force majeure has performed its obligations under the contract is fulfilled or will fulfill, and to fulfill or to be an independent value, the contractor is entitled to the already performed or to be performed separately claims. Client shall pay such invoice as if it were a separate contract.
 9. Disputes

The judge in the domicile of ACME Software is exclusively competent to hear disputes, unless the District has jurisdiction. ACME Software is nonetheless entitled to sue the other party to the legally competent judge.

 10. Replace void provisions

If one or more of the provisions of these General Conditions are void or could be the remaining provisions of these General Conditions apply in full. Contractor and client shall enter into consultation as new provisions to replace the invalid or void provisions to be agreed, if and where possible the purpose and intent of the original conditions are observed.

 11. Liability
  1. For each assignment accepted by the contractor is that there is a commitment. Contractor may never be held responsible for non performance. Contractor is solely responsible for shortcomings in the execution of the contract resulting from negligence and incompetence in giving advice and carrying out assignments.
  2. If the contractor is liable for direct damage, that liability will be limited to the invoiced amount. Liability is always limited to the amount of the contractor's insurer in the occurring event benefit.
  3. Notwithstanding what is below 2. of this article, is in a contract with a duration of more than six months, the liability is further restricted to the last six months due in part of the fee.
  4. In no case can be made to claim compensation for damage caused by loss of income of the client (in any way whatsoever) or indirect and consequential.
  5. Client may invoke a failure in the execution of the contract if, within three months after completion of the contract by the client in writing known.
 12. Safeguarding
  1. Client shall indemnify the contractor against claims by third parties concerning intellectual property rights provided by the client materials or information in the performance of the contract are used.
  2. If the customer supplies information carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.
 13. Intellectual property and copyright
  1. Notwithstanding the other provisions in these General Conditions particular contractor retains the rights and powers for which the contractor is entitled under the Copyright Act.
  2. All documents provided by the contractor by the client shall not without prior consent of the contractor be disclosed or made known to third parties, unless the nature of the documents provided otherwise.
 14. Applicable law

On each contract between the contractor and the principal Dutch law, even if the customer is resident or established abroad.

 15. Changes

These conditions have been filed at the Chamber of Commerce including the contractor responsible. Applies is always the last registered version or the version valid at the time of conclusion of the contract.

 16. Secondment
  1. ACME Software enables employees available to the client for management, consulting and automation activities.
  2. The seconded employee will, within the specified contract duration and time per day for the employer.
  3. The work will be conducted under the rules applicable to the principal, if not contrary to law or contract.
  4. Client checks and sign monthly or according to specification in the contract, submitted time accountability of the employee of the contractor.
 17. Posting Rates
  1. In the hourly rate for all costs of work (including basic software consists of MS Word, MS Excel and MS Visual Studio 2010 Standard) in Vietnam included, including costs of administration.
  2. Overtime funds a fee of 0%, unless otherwise agreed. Overtime is allowed only after permission of the contractor.
 18. Posting Duration
  1. The agreement shall specify the duration of the secondment of staff
  2. Renewal of the contract by a written request from the client. The contractor is not required to grant the request unless otherwise agreed with the client.
  3. Early termination is possible at the written request of the client. The contractor in this case a charge the amount of at least 50% of the invoice value over the remainder of the agreement.
  4. A permanent contract can be terminated by either party by giving written notice to the other party, subject to a notice of two months.

    he following provisions shall apply to customized software
 19. Execution command
  1. Contractor performs the work under the contract to the best insight, expertise and ability.
  2. To the extent that a proper execution of the contract required, the contractor has the right (parts of) the work performed by third parties. Contractor will, in consultation with the client to do.
    Contractor agrees to maximum effort so that the agreed commitments and quality is achieved.
  3. The contractor accepts no liability for the work performed by third parties where they are themselves an agreement with the client process.
  4. The contractor is not liable for damages of any nature, because the contractor is assumed by the client provided incorrect or incomplete information, unless such inaccuracy or incompleteness contractor should have been aware.
  5. If it is agreed that the contract will be executed in phases, the contractor carrying out the parts belonging to a following stage until the client the results of the preceding stage in writing.
  6. If the contractor or by third parties engaged by the contractor under the contract work is performed at the location of the client or a location designated by the client, client shall provide free of charge by employees who are reasonably required facilities.
 20. Change order and additional work
  1. The client accepts that the timing of the contract may be affected if the parties decide to amend interim approach, method or scope of the contract and the resulting work. If the hands of interim principal changes are in the command execution, the contractor, in consultation with the client the necessary adjustments. If this leads to more work, this as an additional service to the client be charged. The contractor is entitled to the additional costs to amend the contract to the client account.
  2. Notwithstanding paragraph 1 Supplier will not be able to charge additional costs if the change or addition to the contract due to circumstances which are attributable to the contractor.
 20. Change order and additional work
  1. The client accepts that the timing of the contract may be affected if the parties decide to amend interim approach, method or scope of the contract and the resulting work. If the hands of interim principal changes are in the command execution, the contractor, in consultation with the client the necessary adjustments. If this leads to more work, this as an additional service to the client be charged. The contractor is entitled to the additional costs to amend the contract to the client account.
  2. Notwithstanding paragraph 1 Supplier will not be able to charge additional costs if the change or addition to the contract due to circumstances which are attributable to the contractor.
 20. Change order and additional work
  1. The client accepts that the timing of the contract may be affected if the parties decide to amend interim approach, method or scope of the contract and the resulting work. If the hands of interim principal changes are in the command execution, the contractor, in consultation with the client the necessary adjustments. If this leads to more work, this as an additional service to the client be charged. The contractor is entitled to the additional costs to amend the contract to the client account.
  2. Notwithstanding paragraph 1 Supplier will not be able to charge additional costs if the change or addition to the contract due to circumstances which are attributable to the contractor.
 21. Ownership and License Custom Software
  1. The client obtains the right to use the software in its business with ACME Software as agreed in writing. Only if expressly agreed in writing, the source code of such software made available to the client and the client is entitled in such software to make changes.
02-05-2010

Vietnam Offshore development center started operating from 02/05/2010 ...

D1-E1 Nguyen Van Troi Building, Ward 17, Phu Nhuan Dist, HCMC T (+84)839975980
F (+84)839972934
info@acmesoft.net