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Moodle House Terms and Conditions of Business Moodle House is a division of P.M. Wakefield Associates. Any reference to Moodle House in this document is, in turn, a direct reference to P.M. Wakefield Associates. The term "Client" refers to any party entering into a contract with Moodle House, and is that party stated in any official purchase order (hard copy or web/email order). 1. All quotations given and all orders accepted by Moodle House are subject to the following terms and conditions. No additions thereto or variations there from shall be binding unless agreed to in writing by the principals of Moodle House. 2. Credit accounts are available to Limited Companies, Public Bodies and Educational Institutions on receipt of an official purchase order from the organization concerned. For other clients, payment in advance by certified cheque, money order or PayPal is required for the first order, but credit facilities may then be offered to that client for future transactions. 3. Once a contract exists between Moodle House and the Client it cannot be cancelled by the Client except with Moodle House’s consent and on terms that will indemnify Moodle House against loss, whether direct or indirect. 4. Catalogues, price lists and other advertising materials (whether in printed hard copy, or delivered electronically by web, email or other means) are only indications of the type of services offered, and no prices or other particulars contained therein shall be binding on Moodle House. 5. Any time quoted by Moodle House for delivery of services is given as an estimate only and is not to be of the essence of the contract. Moodle House shall not be liable in any way in respect of late delivery, however caused. 6. Once a contract has been agreed, any change to the specification of the work involved must be agreed to by Moodle House and may result in an additional fee being charged. 7. Any deliverables (such as web sites, course materials, audio or video recordings or other media) shall remain the property of Moodle House until Moodle House has received full and unconditional payment for the deliverables. Should full payment of the amount owing under the contract not be made when due, Moodle House may remove the site(s), materials and/or media from any system where they may have been installed in addition to exercising such other rights or remedies as may be conferred on Moodle House by law. 8. Once any Moodle House site, service, media or other deliverable is made available to the Client, the Client will, by accepting delivery, "Sign Off" the deliverable, if any faults are not reported to Moodle House as detailed in the following condition. 9. Claims regarding faults on delivered sites and/or media must be notified to Moodle House within 5 calendar days of delivery, by email, except in the case where the Client has taken out a support contract with Moodle House, in which case the fault should be reported to Moodle House via email. 10. In the event that any deliverables are deemed by the Client to be faulty on delivery, and the fault is reported as detailed above, Moodle House will endeavour to remedy the fault at no extra cost. If the deliverable has previously been “Signed Off” and the fault has been discovered or developed at a later date, Moodle House will accept a new contract to remedy the fault at the standard Moodle House support rates. 11. Credit accounts shall be settled within 30 days of the date marked on the invoice sent by Moodle House to the Client. 12. Moodle House reserves the right to charge interest to the Client at the rate of 2% per month on the outstanding balance of any overdue accounts. 13. Moodle House reserves the right to withdraw credit facilities and suspend work and deliveries on overdue accounts. The Client shall be liable for all costs, including legal fees, incurred in the collection of outstanding balance. 14. Moodle House makes no warranty, implied or otherwise, that services (including but not limited to software installation or media provision) is suitable for the purposes of the Client. Moodle House uses free open source software for many of its projects, and makes no warranty on this software. The following extract from the GNU General Public License, under which this software is released, contains the relevant warranty information for all open source software released under the GPL:
15. The contract between the Client and Moodle House shall be governed by and construed in accordance with Canadian law and the parties agree to submit to the non-exclusive jurisdiction of the Canadian courts. 16. Moodle House’s liability under the contract is limited to the remedies specified in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the Client might have. Moodle House shall in no circumstances be liable for any damage or injury, direct or consequential, or other loss or loss of profits of whatever kind and however arising. Accordingly, every representation, condition, warranty and undertaking, whether express or implied by statute, common law, custom or otherwise and whenever given or made, in relation to the goods or the performance of the contract is, to the extent permitted by law, hereby excluded for all purposes. Last revised June 3, 2005 copyright P.M. Wakefield Associates |