Terms of Use

Payment Terms

Payment terms are payment in advance. Credits will not be made available to the Buyer until payment is received, unless TPS waives this requirement in writing or issues a tax invoice (not a pro forma invoice).

Pricing

Prices shown are subject to change and are exclusive of any applicable VAT (which will be added at current rates).

Intellectual Property

Intellectual property (including but not limited to copyright, database extraction rights, trademark rights) remains in the ownership of Fruitful Developments Ltd. Nothing is these terms of use is intended to transfer any interest in such intellectual property to the Buyer. The Buyer is expressly prohibited from copying any part of TPS (including its outputs) except to the extent necessary to receive the service provided.

Limitation of Liability

Fruitful Developments Ltd disclaims all liability to the fullest extent permitted by applicable law for any loss or damage (including but not limited to the loss of profits, loss of anticipated savings, loss of data, loss of staff time) arising from any reliance on or use of TPS in any way. In no event will Fruitful Developments Ltd or its Directors, agents or employees be liable to the Buyer or anyone else for any decision or action taken in reliance on TPS.

Service Access

  • Authorised Users may access TPS for the purpose of initiating and administering TPS profiles in accordance with these terms of use, subject to the Buyer paying a fee (by a deduction of credits or otherwise) and complying with its obligations under these terms of use.
  • TPS shall use reasonable endeavours to ensure the service is always available but does not guarantee 24/7 uptime and occasional downtime for maintenance is inevitable.
  • Fruitful Developments Ltd reserves the right to modify or discontinue TPS.
  • The Authorised User is accountable for all activities that occur under its login or account. Fruitful Developments Ltd reserves the right to access the account (for example, in order to respond to requests for technical support).
  • The Authorised User shall comply with all applicable data protection legislation and take all reasonable steps to prevent unauthorised access to its TPS data.

Definitions

  • “TPS” means Team Performance Scan – the brand, product and service provided.
  • “Fruitful Developments Ltd” is the trading company which owns and operates TPS.
  • “Authorised User” means a client who has been given access to TPS in order to administer TPS profiles.