fmfirst Terms and Conditions

These terms and conditions are in conjunction with Asckey’s General Terms and Conditions, which can be found here, as if the same were set out in full in this document.

1. DEFINITIONS

1.1  “Company” means Asckey Data Services Limited.

1.2  “Client” means the person, company or other organisation commissioning a fmfirst® System.

1.3  “fmfirst® System” means a licensed application from the fmfirst® product suite, as defined by the product variant name, the number of licensed users and the basis of operation.

1.4  “Product Variant” means all products prefaced by fmfirst®.

1.5  “Basis of Operation” means whether a system is either hosted on a computer server owned by, managed by and located within the Company’s computer environment or installed on hardware within the Client’s own site.

1.6  “Services” means those services associated with the provision of an fmfirst® System, including, but not limited to, data migration (feasibility, analysis and execution), application customisation, software build, installation, site reviews, technical support, training and, in certain circumstances, additional dial-in remote system support.

1.7  “Supply” means the provision of an fmfirst® System together with its associated services.

1.8  “Effective Date of Supply” means the date upon which the fmfirst® system is installed and available to the Client.

1.9  “Annual fmfirst® Licence Fee” means the agreed annual charge for the selected fmfirst® System, payable annually in advance and covering system use, support and updates to Product Variant.

1.10  “Fees” mean the charges for Services performed, based on ruling day-rates and prices, as applicable.

1.11  “Contract” means the agreement between the Client and the Company, as agreed in the quote acceptance and receipt of a Purchase Order, along with the Company’s Terms and Conditions.

2. RESTRICTIONS

2.1  Except as expressly set out in this Licence or as permitted by any local law, you undertake:

• • not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security.
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in any other programs.
  • not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things.
  • not to provide, or otherwise, make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

2.2  Where we have provided you with logins, passwords or keys to enable you to use the software, you are responsible for keeping information secure and confidential.

3. INVOICING & PAYMENT

3.1  For the Annual fmfirst® Licence Fee and any additional remote support, an invoice will be raised upon the Effective Date of Supply for full annual charge and annually thereafter upon the anniversary date.

4. LIABILITY

4.1  The Client is solely responsible for the use, application and effect of the System in the Client’s operational environment, including but not limited to all supporting procedures, processes, audits, checks, internal controls, ensuring the actual and timely performance of all maintenance and other tasks within the area of application, business continuity and contingency systems.

4.2 See Clause 7 in the General Terms & Conditions for full details.

5. TERMINATION AND CONSEQUENCES OF TERMINATION

5.1  See Clause 9 in the General Terms & Conditions for full details.

5.2  Where the effective cancellation date occurs before 75% of the full contract term, discounts previously given for any extended term will be recovered and charges incurred in cancellation will be chargeable.

6. CONSEQUENCES OF TERMINATION

6.1       If the Contract is terminated under 5.1 above, then the Client will pay the Company for all Annual fmfirst® Licence Fees, Fees for Services and expenses that are due up to the date of termination and will compensate the Company for all non-cancellable financial commitments made by the Company in relation to the contract. Furthermore, unless otherwise agreed in writing at the time, all licences to use the System and any aspect of its embedded Intellectual Property will be revoked, and the Client will uninstall all components of the System residing on its own computer hardware and destroy any copies on any other media.

7.  CLIENT SUPPORT

7.1       See the fmfirst® Support & Licence Agreement.

©2025 Asckey Data Services Ltd. All Rights Reserved
(Version 7 – 18/12/2024)