A Quotation remains valid for 30 days from submission date, following which, the Quotation will expire unless extended by YachtCloud. Any formal instruction or payment made by the Client to start the work will constitute acceptance of the Quotation, including the Price and the Payment Terms Schedule.
The schedule sets out the payments and the dates when those payments will become due. If payment is not made in accordance with the Payment Terms Schedule then work and deliverables may not proceed, and earlier supplied licenses may be deactivated. YachtCloud will have no liability for any (project) delay caused by late or incomplete payment by the Client.
If the Client intends to pay less than the sum specified then he shall not later than 5 days after receipt of the invoice payment give a notice to YachtCloud specifying the sum that the Client considers to be due on the date the notice is served and the basis upon which that sum is calculated (“Pay Less Notice”). Interest on late payments will be charged in accordance EU rules and regulations. Further, without prejudice to any other rights and remedies available to it, where a notified sum under this contract is not paid by the final date for payment and no withholding notice has been issued, YachtCloud may suspend performance of any and all obligations under this contract until such time as all outstanding payments are received in full (together with any interest payable thereon). In the event that the Client wishes to delay payment of a stage payment for any reason (such as project delay) then 3 months advance notice in writing is required. If the Client adds equipment and/or goods or services, YachtCloud reserves the right to add an additional stage.
In the event that after acceptance of the Quotation changes to the Works are instructed orally or in writing by or on behalf of the Client, YachtCloud will issue a separate proposal (as official proposal document or otherwise), which clarifies the time and / or functional impact. After formal approval of this proposal and fulfillment of (changed) payment terms, the work (change-order) will start.
The Client shall receive the relevant software applications from YachtCloud for use on YachtCloud provided hardware or other hardware. In case the client wishes to provide “own” hardware, YachtCloud can support the installation of its products on an hourly fee arrangement. The YachtCloud software is a configurable application. The configuration is to be kept by the client. Safe storage, back-up and sharing of the configuration is the sole responsibility of the client.
Configuration of the system to be done by the Client / Integrator. Assistance for activities in relation to the YachtCloud scope of supply can be provided by YachtCloud at the, in the proposal, communicated hourly rates. YachtCloud attendance and / or assistance for meetings, work and for acceptance moments such as FAT, HAT, SAT, Functional Demo’s, Tests. can be provided by YachtCloud at the standard hourly rates. Two weeks prior notice will be mandatory to schedule attendance. YachtCloud Documentation is provided as is. Correct use and implementation of the information in other (engineering) documents is outside the scope of work of YachtCloud. The Client/Integrator is responsible for proper implementation of the Omniyon System in the overall AV&IT system. Fulfilling the contractual and / or expected functionality is therefore the Client’s/Integrator’s responsibility. To explain, the following (non-exhausting) responsibilities are not in the YachtCloud scope of supply:
- The performance of the GEST system due to the IT infrastructure, internet speed and Wi-Fi coverage.
- The performance and functionality of the GEST system due to 3rd party integrations in cases where the 3rd party functionality, software, firmware, OS, or other relevant factor changes beyond the control of YachtCloud.
- Delays not caused by late delivery of the GEST hardware.
- Mismatch between end-client’s expectations and the delivered scope of supply.
- Installation problems such as heat, power, humidity, cable length and available space.
- The functioning of 3rd Party interfaces not directly controlled by GEST, or the functioning of the 3rd party controlled equipment itself.
- Critical system parameters not part of the YachtCloud scope of supply, such as available bandwidth and speed, start-up times of equipment, etc.