Terms and conditions

Licensor: SCMG Stable Management Ltd

Licensee: you, the customer and system user

Your continued use of the Stable Management System means you agree to be bound by the terms of this agreement.

The Licensor will not responsible or liable for any clients content or the use of the system in any way prior to receiving a signed contract at which point our following terms apply. Failure to sign and return or provide a copy of the contract may see the system disabled and any user access will not be valid or approved by the Licensor.

By installing or using the Stable Management (the “Licensor”) product Stable Management (the “Software”) you indicate your agreement to the terms of this End User License Agreement (the “Agreement”).  If you do not agree to the terms herein, you are not authorized to copy or use the Software.  The Software, all images, photographs, icons, and text incorporated in the Software, is owned by the Licensor or its suppliers and is protected by United Kingdom copyright laws and international treaty provisions.  Except to the extent expressly licensed herein, all rights are reserved to Company and its suppliers.  You may not reverse engineer, decompile or disassemble the Software except as set forth herein.
ATTENTION:  USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW.  USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORISED TO USE THIS SOFTWARE.

Terms of Agreement

• The Licensor will provide the System to the Licensee. Giving access to our application for an agreed period.
• Support – incl. direct telephone and email support on all aspects of the system including use, maintenance and best practice. We also provide remote access to any pc that has web access with our free to use remote control software allowing us to fix, demonstrate or support the Licensee.
• Support is guaranteed within 48 hours from the time of notification from the Licensee in need of assistance.
• The Licensor is responsible for the System and all functionality and code within.
• The Licensor does not accept responsibility for the data held and entered into the system by the Licensee.
• The System may not be 100% error free and any error found must be reported to the Licensor immediately.   Continued use of the System without reporting such error, will void any claim relating to any error found in the System and the Licensee agrees that they will not hold the Licensor and all Directors and Employees liable  for any losses.
• The Licensor is not responsible for any corruption of information during use.
• It is the responsibility of the Licensee to make all efforts to make regular backups of their System and its contents for administration and data recovery purposes.
• The Licensor is not liable for any loss of earnings by the Licensee through the use of the system and the Licensee agrees that they will not hold the Licensor or its Directors or Employees liable for any claims or damages.
• Neither the Licensor nor its suppliers shall be liable for any incidental, special or consequential damages whatsoever (including loss of business information, or any other pecuniary loss) arising out of or relating to the use or inability to use this software, even if the Licensee has been advised of such damages.
  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Licensee. Furthermore the company’s liability for direct damages shall not exceed (the licence fee paid per annum for annual payment plans or one months licence fee for monthly payment plans) if any, paid by you directly to the Licensee.
• The Licensor is not responsible for the performance or functionality or running of the Licensee computer systems or networks including security and media protection.
• The Licensee is responsible for their own data backups/archives. Although the Licensor does advise on such matters we cannot control the implementation of such systems for the Licensee.
• After receiving the signed agreement from the Licensee you have 7 days to cancel the agreement. If a Licensee chooses to cancel within the 7 day period there will be a one off charge of £100.00 due plus the first months charge plus vat to cover time for installation and customisation of this software/service for your purpose.
• The Licensee agrees that they have satisfied themselves through use of the software demo that it will meet their needs and is fit for their purpose.
• The Licensor reserves the right to restrict access to the service due to failed payments or improper use of the system at any time.
• The agreement between the Licensee and the Licensee is for the use of the system only, with all files making up the system remaining the strict property of the Licensor and cannot be edited, sold, duplicated or distributed for any purpose whatsoever.
• The System is non-transferable to any other yard / stables, business or individual outside of the named Licensee on the original agreement.
• Any copying, sharing or distributing files/designs/concepts to any parties other than the licensee will be deemed as a breach of contract and we reserve the right to immediately terminate the agreement.
• All fees must be paid on time to provide continued use of the system.
• Continued failed payments may render the system permanently unavailable to the Licensee at which point the Licensee has 30 days to resolve the issues and payments. Failure to complete payments in this period could see the data being permanently deleted and the Licensor cancelling the agreement. A written confirmation will be given prior to data being permanently deleted.
• The Licensor will provide updates as they become available but cannot guarantee a timeframe for such updates or installation.

Monthly payment and Paypal Subscription payment plan terms:

• As of the agreed start date, the Licensee has entered into a contract lasting a minimum of 12 months.
• The Licensee agrees to make all monthly payments and any penalties over the 12  months unless otherwise agreed.
• Upon completion of the minimum 12 month period the Licensee may cancel the contract in writing or continue the monthly plan to continue use of the software.
• All payments must be made on a Standing Order within 7 days after the 1st of each calendar month.
• Any payment received after the 7th day of the month will be considered failed. An email will be sent to request immediate payment giving 5 days. If payment is not received by the 12th of the month a penalty fee will be applied of £25 plus vat on top of the monthly fee to cover administration unless otherwise agreed.
• Failure to make payments may result in the suspension of any service provided to you, the Licensee.
• All data held within the system will be with held until payments have been made.
• If Paypal Subscription method is used the payments will be debited every month via Paypal as per the setup date. As your setup date may not coincide with the 1st of each month we will apply a 12 day failed payment period before adding the £25 plus vat penalty charge. See below for signup pages.
• Any increases in monthly or annual costs will be advised to the Licensee a month in advance and it will be the responsibility of the Licensee to adjust the standing order or Paypal charges where necessary.
• We reserve the right to increase charges once a year at most. In doing so if any yard feels this is no longer financially acceptable they have the right to terminate the contract and discontinue use of the system at any time.

Sign up pages for Paypal

International yards subscription – excl vat. https://www.stable-management.co.uk/Successful_subscription-66.htm
UK yards – incl vat. https://www.stable-management.co.uk/Successful_subscription-67.htm

Data

• Data held within the system is the property of the Licensee and as such is the sole responsibility of the client. Please see details of our warranties and liabilities above.
• If a licence expires or the system locks your data is held securely in the system and will not be deleted, but we do not guarantee to hold this data for over 2 months from the expiration of the contract. The Licensee can and must make their own backups or exports of the database pre the expiration date of the contract.
• Data is held in a format compatible with the system and may not be suitable for other systems or programs. The format used is CSV so is compatible with spreadsheets and MS products.
• The Licensor will support the Licensee in extracting data if the Licensee chooses to cancel the agreement within 30 days from the date of cancellation.
• The Licensor is not responsible or liable for the data extraction process or the results from it.
• The Licensee can request the data from the Licensor upto 30 days after the Licensee has cancelled their contract with the Licensor. After this period the Licensor will make a nominal administration charge for support in extracting data.
• All requests to cancel or terminate a contract must be received by email or in writing.
• Upon termination of your contract, the Licensee agrees that all services provided have been done so to their satisfaction and no claims for any historical services or work can be brought against any previous software owner/developer, Licensor, Directors or Employees.
• None of the above support regarding data extraction is offered until a contract has been completed or a written agreement is made to terminate the contract early between both The Licensor and The Licensee.
• Data extracted from the booking system will not be considered by the Licensor to be 100% accurate as it may vary depending on the means and methods in which it was entered.
• Any licensee using data extracted from the system for purposes such as accounting does so at their own risk and validate all figures.

Files, code and applications

• All source code, concepts and designs are the property of SCMG Stable Management Ltd and are protected by law.
• Any editing of code within the files provided is strictly forbidden.
• If any files are amended we cannot guarantee that we can help you in a support situation especially where the data being stored may be affected.