Response By Whitetiger® (The Software) is the Copyright (All Rights Reserved) of Whitetiger Limited (the Authors) and may not be used or copied except as in accord with the terms and conditions below.

 You may NOT Make the Software available to any third party.

 1. DEFINITIONS AND LAW The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the “Contract”.

The Hired item(s) are those stated in the relevant contract and are hereinafter referred to as the “Software”. The “Hirer” is the person, firm, company, corporation or public authority taking the Suppliers Software on hire. The parties to the Contract are the Supplier of the Software and the Hirer named in the Contract
This Contract shall be governed by and construed in accordance with the law of England.

2. BASIS OF CHARGING The Hirer will pay the hire charge stated in the Contract and will equal the sum of Nineteen British Pounds  and Fifty Pence(£19.50) plus VAT if applicable per month. Hire charges will commence from the time stated in the Contract and will continue during the period of hire  or until cancellation of the contract. If payment is not made on due date the Supplier shall be entitled to increase the amount that is overdue at the contemporary base rate of the National Westminster Bank PLC plus 4% calculated on a day to day basis. This shall be without prejudice to any other rights or remedies of the supplier. Any legal charges incurred in the recovery of money or Software will be paid by the Hirer.

3. MINIMUM PERIOD OF AGREEMENT Upon acceptance of these terms and conditions and receipt of payment the contract for a minimum period of 12 months commencing from the date  of the Contract.

4. EXTENT OF CONTRACT The contract will come into being between the Hirer and the Supplier when the Hirer has placed an order, detailing his requirements and agreeing to be bound by these Conditions, and the Supplier has accepted the order. This order will have been deemed to have taken place upon acceptance of these terms and conditions by the Hirer and completion of Payment through PayPal, or upon acceptance of these terms and conditions and completion of Direct debit Instruction with your bank should you choose a direct debit option for payment and have provided us with complete instructions and a signed Order Form.

5. RESPONSIBILITIES OF THE HIRER AND PERSON SIGNING The person signing the Contract warrants that he has authority of the Hirer to make this Contract on the Hirers behalf and agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so. The said person and hirer jointly and severally hereby undertake to ensure that no-one uses the Software who is not properly instructed and to ensure that every user is in possession of instructional (if any) material supplied by the Supplier and shall not allow the Software to be misused.

6. RESPONSIBILITY OF HIRER OR HIS AGENT
(i) The Hirer or his agent shall be responsible for the loading and unloading of the Software of the Software, or his agent, and any person supplied by the Hirer shall be deemed to be an employee of the Hirer or his agent at such times.
(ii) The Hirer’s responsibility for the Software commences on the receipt of the Software by the Hirer or his agent or on delivery as requested and ends when the Hirer is in possession of the Suppliers unqualified receipt for all the Software. The Hirer will not sell or otherwise part control of the Software.
(iii) The Hirer shall at all times and in all respects indemnify the Supplier against and from, any and every expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer and injury to any servant, employee or agent of the Hirer) and in respect of damage to or loss of any property whatsoever (including the Software indemnity as determined by condition 10) arising out of or in connection with or consequent upon hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Software or any thereof. This sub clause shall not apply in the case of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977 where the expense, liability, financial loss or claim or proceeding or damage or loss of any property aforesaid result from the breach of contract or the negligence of the Supplier.

7. MAINTENANCE OF SOFTWARE AND BREAKDOWN PROCEDURES The Hirer shall keep himself acquainted with the state and condition of the Software. Any breakdown or any unsatisfactory working of the Software must be immediately notified to the Supplier. Under no circumstances shall the Hirer repair or attempt to repair the Software unless authorised by the Supplier. Such Software must be returned to the Supplier’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Supplier.

8. REMOVAL OF SOFTWARE Software must not be removed from the site specified by the Hirer when the Software was collected, without the authority of the Supplier or from any subsequently authorised site, or from the address to which the Supplier delivered the Software.

9. CONSEQUENTIAL LOSSES The Supplier shall not be liable for any consequential losses to the Hirer including any expense, liability, loss, claim or proceeding, whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability, or lawful repossession of the Software, or any part thereof or any breakdown or stoppage of same. Nothing in this clause shall affect the statutory rights of the person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977. In no circumstances will the Authors be liable for any damage, loss of data, profits, goodwill or for any indirect or consequential loss arising out of the use of the Software, or inability to use the Software, even if the Authors have been advised of the possibility of such loss.

10. INDEMNITY FOR LOST, STOLEN OR DAMAGED SOFTWARE The Hirer agrees either to insure the Software against loss, theft or damage beyond economic repair on a “new for old” basis or alternatively indemnify the Supplier in a similar amount. All monies received by the Hirer from an insurance company or from any other source in settlement of such claims shall be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without the express consent of the Supplier.

11. DETERMINATION OF HIRE The Supplier shall be entitled at any time if the Hirer is in breach of this Contract to terminate this Contract (such termination to be effective immediately) and to repossess the Software or any part thereof.

12. RIGHTS OF ACCESS The Hirer hereby authorises the Supplier (upon production of this document) to enter upon any premises wherein the Supplier reasonably believes any Software, or part thereof to be, and if, and in so far as, the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.

13. RIGHTS RESERVED Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.

14. SEPARATE TERM VALIDITY Should any term in this Contract be held to be invalid such invalidation will not affect the validity of the remaining terms.

15. CANCELLATION This contract can be cancelled after the original term of the Contract with a Notice Period of 3 months. Upon cancellation, the Hirer must certify that he has uninstalled the software on relevant machines in writing. The data which is held in the database (whitetiger_be.mdb) is unaffected by this and need not be uninstalled.

 16. DISCLAIMER Whitetiger is not responsible for the loss of data relating to the malfunction of hardware, software, and power or the use of Response By Whitetiger®.

17. TERMS OF CONTRACT These conditions have effect in substitution for, and to the exclusion of, any conditions put forward by the Hirer.