By placing an order with us, you agree to the following terms and conditions of sale:
1. Software licensing
1.1 Software licences paid for are non-refundable.
1.2 Licences may be transferred to different devices/organisations at the sole discretion of Tengo Software.
1.3 Licence fees for the first contract period for new clients are due ahead of or on the go live date, i.e. before the software is to be used.
1.4 Once licence fees are invoiced, they are non-refundable, but are transferable between devices (a £50 transfer fee applies).
1.5 Unless otherwise agreed in a formal contract, software licencing is on a ‘pay-as-you-go’ basis, and either party can terminate the agreement at any time. Any invoices already raised will be due in full, if you wish to cancel, you must do so before the renewal date.
1.6 If you wish to pay monthly, this must be done via Direct Debit.
1.7 Licences may be cancelled and subsequently re-activated, however there is a re-activation fee of £50 plus times taken at our hourly rate in 15 minute increments per licence to do this as work is required to bring the software up-to-date on machines where it has been suspended.
1.8 Cancellation of your Direct Debit will constitute cancellation of contract, and services will be suspended. Re-activation fees as outlined in 1.7 will apply if you then wish to re-instate the contract.
1.9 If you use a piece of software that a licence hasn’t been paid for, for example, a spare till not being used for trading, you will be billed for the usage at the standard monthly licence rate for any month in which the usage occurred.
2. Hardware warranty
2.1 Warranty on kit sold by Tengo Software is held between you, the customer, and Tengo Software, manufacturers own standard warranties are not transferred to the customer.
2.2 Warranty is on a return to base basis, and determination of acceptance of warranty is at the sole discretion of Tengo Software, and if warranty is not accepted, all associated costs are chargeable to the customer.
2.3 If you or anyone other than Tengo Software install additional hardware and/or software, the warranty will be invalidated.
3. In the event of non-payment
3.1 If any invoice/payment for any product and/or service is overdue for payment, Tengo Software reserve the right to suspend services, including all software licences that the customer is using.
3.2 We agree we will attempt to contact you before restricting any services.
3.3 If a licence is disconnected due to non-payment, there is a re-activation fee of £50 plus times taken at our hourly rate in 15 minute increments per licence to do this as work is required to bring the software up-to-date on machines where it has been suspended.
4. Invoice disputes
4.1 If for any reason you wish to dispute any charges on an invoice, you must do so within 5 working days of receiving said invoice. It is not acceptable to wait for the invoice to be due for payment, and raise a dispute at that point.
5. HMRC connected services
5.1 If the customer chooses to not use the system in the proper manner as directed by Tengo Software and HMRC, neither are liable for any consequences. This includes but is not restricted to:
5.1.1 Submitting Gift Aid outside of our system.
5.1.2 Not having the correct text informing customers of the details of their Gift Aid declaration on receipts.
5.1.3 Not explaining Gift aid correctly to customers.
5.1.4 Not using the system to generate and send end of year letters.
5.2 It is the responsibility of the customer to ensure they comply with all laws and legislation, and Tengo Software, whilst they may offer advice, take no responsibility for the client’s compliance.
6. Purchasing of hardware
6.1 It is our policy that all hardware should be paid for up-front unless otherwise agreed.
6.2 Once hardware has been opened and configured either on our site or yours, it is no longer deemed as new, and no refund will be given. Tengo Software may offer a payment for used kit in the event of a client wishing to return it, but this is at their sole discretion.
6.3 If you wish to return un-opened hardware, within 30 days of purchase, you may do so at your own cost. A 15% re-stocking fee is chargeable.
7. Booking of appointments
7.1 The day rate covers pre-booked consultancy, installation or training time. Any ad-hoc work or additional hours will be charged at the hourly rate, including travel time.
7.2 All expenses will be re-charged in addition to these rates (plus admin fee), as well as any parts used on a particular job. Mileage is charged at 45 pence per mile from our Manchester office, hotels outside of central London not more than £120 per person per night, central London not more than £220 per person per night.
7.3 On weekends and Bank Holidays, a surcharge of 30% is applied to all labour rates.
7.4 If you cancel an appointment less than 7 days before the scheduled appointment time, a cancellation fee will be charged, which will be equivalent to 100% of the anticipated labour and expense charges for the scheduled work. For an appointment cancelled at any other time, a cancellation fee will be charged, which will be equivalent to 30% of the anticipated labour and expense charges for the scheduled work. Not turning up or attanding an appointment is classed as a cancellation.
8. Overpayments & admin fees
8.1 If money is paid to Tengo Software by mistake, it will be automatically added as a credit on your account. If you wish for any overpayment to be returned by BACS, there is an admin fee of £20 for doing so.
8.2 If you don’t sign a Direct Debit with us, there is an admin fee of £5 per invoice raised.
9. Data storage
9.1 All clients paying the standard charge have 1GB of secure UK data cloud storage included.
9.2 For each tengoPOS license, an additional 500MB of storage is inluded, in addition to the 1GB covered in the standing charge.
9.3 If the amount of data we are holding for your organisation exceeds the combined limit as covered in points 9.1 and 9.2, you will be offered reasonable time and chance to agree to having older data archived. If you do not agree or wish to retain the extra data, this is charged for at a rate of £12 per GB per month.