Please read these Project Terms and Conditions carefully, as they set out our and your legal rights and obligations in relation to Projects completed by JMV Solutions and should be read in conjunction with the full standard JMV Solutions Terms and Conditions.
If you have any questions about these Terms & Conditions, please contact us by email: support@jmv-solutions.co.uk.
1. Definitions and interpretation In the Agreement:
1.1 “Agreement” means the agreement between the Company and the Customer incorporating these Technology Project terms and any amendments to it from time to time
1.2 “Charges” means the amounts payable by the Customer to the Company under or in relation to the Agreement
1.3 “Company” means JMV Solutions Ltd, which has its business address at 17 Samara Business Park, Heathfield, Industrial Estate, Devon. TQ12 6TR
1.4 “Confidential Information” means:
1.4.1 Any information supplied (whether supplied in writing or verbally) by one party to the other party marked as “confidential”, described as “confidential” or reasonably understood to be confidential
1.4.2 The information provided in the Agreement or Contract
1.5 “Customer” means the customer or business receiving the output of the Project under the Agreement
1.6 “Personal Data” has the meaning given to it in the UK General Data Protection Regulation (UK GDPR)
1.7 “Requirements” Project requirements are the features, functions, and tasks that need to be completed for a project to be successful. They provide a clear set of parameters to work toward and determine the various goals for the project team to complete.
1.8 “Deliverable” Deliverables are the task outcomes you want to fulfil the requirements of the project.
1.9 “Project” A project is a collection of tasks that must be completed within a defined timescale to complete a specific set of goals. These tasks are completed by a group of people known as the project team, led by a project manager, who is responsible for the planning, scheduling, tracking and successful completion of projects.
1.10 “Start Date” means the date specified as such on the Agreement
1.11 The Clause headings do not affect the interpretation of the Agreement
2. Project scope
2.1 The scope of the Project will be developed in collaboration by the Customer and the Company to establish the Project Requirements and Deliverables. The Project Proposal and Contract will freeze the project scope to the stated Requirements and Deliverables.
2.2 Changes to the Requirements or the Deliverables within the scope of the Project at the request of the Customer must be formally requested in writing, impact assessed and accepted by the Company and the revised delivery schedule and cost implications accepted by the Customer in writing. This as an addendum to the original Contract.
2.3 The Company reserves the right to cease the project. See our full standard Terms and Conditions.
3. Project Management Plan
3.1 All Projects undertaken will require planning. Depending on their size and complexity, the Company may decide a project plan is required which will include some or all the following:
3.2 Customer Requirements – to ensure the customer needs are captured
3.2.1 System Requirements – what is required of the technology to satisfy the user requirements
3.2.2 Optioneering – development and assessment of different options to meet the requirements
3.3 Concept Design – Development of the chosen solution into a prototype or test product
3.4 Risk Register – Record, weight, mitigate and manage risks the project could face, potentially affecting its success or delivery
3.5 Assumptions Log – record and agree any assumptions for the project
3.6 Change Management – formally capture, assess, and agree changes in project scope
3.7 Delivery Schedules – suitable delivery schedules produced to show critical path, and dependencies
3.8 Staged Development – A incremental approach to developing and delivering the project in bite size chunks
3.9 Testing – Company testing to ensure project deliverables are functioning as designed
3.10 Validation & Verification – This ensures that the project deliverables function as designed but also that the working solution satisfies the user requirements, i.e. it is what they want
3.11 User Training – Training or familiarisation may be required as part of project delivery. This must be planned and developed
3.12 User acceptance testing – a trial period for the Customer to become accustomed to the delivered project
3.13 Implementation – Implement the fully functional Project deliverables in the customer environment
3.14 Handover – Gain formal handover from the Company to the Customer transferring operation and ownership
3.15 Customer Support – an agreed period where the Company will provide support for the Project deliverables
4. Support
4.1 For the duration of the Project, the Customer point of contact will be the JMV Solutions project lead and project engineers assigned to the Project
4.2 No SLAs will be applied for support during the Project
4.3 Once the Project has been completed and handed over, a standard period of support will apply – 30 days. The Company will continue to provide support for the Projects Deliverables via the JMV Solutions project lead and project engineers assigned to the Project
4.4 Once the 30-day post project support period has passed, all support will be handled by the helpdesk unless otherwise agreed in the Project Contract, or another support Contract. All uncontracted support will be chargeable at our ad hoc support rates found in our standard Terms and Conditions / charge rates
5. Timescales
5.1 Unless otherwise agreed in the Contract, the successful delivery of a Project against the schedule is considered best endeavours as the schedule is a target schedule only. Regular stakeholder engagement will be required to manage delivery beyond the target date.
5.2 Formal scope changes requested by the customer that are accepted by the Company, may require an updated delivery schedule which could affect the delivery date. Any changes to delivery, as a result of changes in scope and risks associated with them, shall be liable by the Customer, and will not affect the pre-agreed payment structure to the Company for delivering the original scope.
5.3 The project schedule will show the responsible party for the delivery of each task. Both Parties have a responsibility to meet these timescales
5.4 Delays caused by the Customer will result in the Project completion date being delayed
6. Implementation and hand over
6.1 The Company will deliver and implement the Project to the Customer on or before the agreed completion date, subject to clauses of the Contract being triggered.
6.2 As part of implementation the Company will conduct a formal Hand over of the completed Project. This could constitute the transfer, collection, or delivery of the project deliverables for both hardware and software from the Company to the Customer. Any ongoing support will be subject to the specific inclusion in each Contract.
7. Charges
7.1 An initial charge will be incurred at the start of the Project once the Requirements have been agreed
7.2 Further stage payments will be required throughout the project as outlined in the Project Proposal / Contract
7.3 The final payment is due when the Project is handed over
7.4 Payments to be made via BACs and due on receipt
7.5 Any delayed payments will result in the delay of the project
(See standard JMV Terms and Conditions for full details)
8. Customer Responsibilities
8.1 The Customer will provide the Company with information and documentation reasonably required for the delivery of the Project, and the Customer may be responsible for procuring any third-party support reasonably required for the provision of the Project. This will be stated in the specific Contract if relevant.
8.2 The Customer may be responsible for obtaining suitable licences of third-party software which are required for the successful delivery of the project. This will be stated in the specific Contract if relevant.
8.3 It is the Customer’s responsibility to keep any passwords or data relating to the Project confidential, and to change such passwords on a regular basis. The Customer will notify the Company immediately if it becomes aware that a password or data relating to the Project is or may have been compromised or misused
9. Acceptable Use
9.1 The Customer must not use the Project or the Deliverables within:
9.1.1 for any purpose which is unlawful, fraudulent, or infringes any third-party rights
9.1.2 to in any way put the Company in breach of a contractual or other obligation owed by the Company
9.1.3 to bring the Company reputation into disrepute
9.2 Where the Company reasonably suspects that there has been a breach of Acceptable Use, the Company may:
9.3 Pause or cease the Project
9.4 Suspend any or all the delivered elements while it investigates the matter
9.5 Any breach by the Customer of this Section 7 will be deemed to be a material breach of the Agreement. See Company terms & conditions