Difference between revisions of "FAQ:Hornbill Terms Of Service"
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Hornbill has gone to great lengths to Simplify and Standardise our Terms of Service and this works well for most of the Customers we engage with. However we do recognise that there are situations where Customers require additional protections or wish to incorporate specific terms and conditions as part of their procurement processes. In these situations Hornbill is happy to engage in the definition of a Custom Contract. As part of this process Hornbill and our legal team will consider for inclusion any Terms or Conditions that are not in conflict with those of our Standard Terms and Conditions, however the customer will need to keep in mind that the following costs are associated with Negotiating and Managing a Custom Contract. | Hornbill has gone to great lengths to Simplify and Standardise our Terms of Service and this works well for most of the Customers we engage with. However we do recognise that there are situations where Customers require additional protections or wish to incorporate specific terms and conditions as part of their procurement processes. In these situations Hornbill is happy to engage in the definition of a Custom Contract. As part of this process Hornbill and our legal team will consider for inclusion any Terms or Conditions that are not in conflict with those of our Standard Terms and Conditions, however the customer will need to keep in mind that the following costs are associated with Negotiating and Managing a Custom Contract. | ||
| − | Custom Contract negotiation costs include a one off non refundable fee of £10,000 GBP per contract along with an ongoing annual contract management charge of | + | Custom Contract negotiation costs include a one off non refundable fee of £10,000 GBP ($13,000 USD) per contract along with an ongoing annual contract management charge of £3,000 GBP ($4,000 USD). |
Please note speak to your Hornbill Representative for more details. | Please note speak to your Hornbill Representative for more details. | ||
Latest revision as of 13:22, 9 November 2017
Can we have a copy of the Terms of Service to Review?
Absolutely, Hornbills Standard Terms of Service are available here to review.
Our legal team would like to make some changes to your standard Hornbill Terms of Service is that ok?
Hornbill delivers the Hornbill Cloud Service as per our Standard Terms of Service.
Hornbill has worked hard to make our Terms of Service as customer centric as possible. Of course there are levels of protection we have to have in place to guard both parties interests, we are sure you will be ok with those. In the event your legal team pick something up that needs clarifying please do bring that to our attention, however we are not in the practice of amending our Terms of Service on a case by case basis as this introduces complexity and cost implications. We are able to offer Hornbill at such competitive prices as a result of not having to build in these costs.
We do recognise that in some situations, Customers will require changes for their reasons and where this is the case they must then evaluate if the cost of making those changes outweighs the risks they are trying to mitigate. If you are seeking to go down the ‘Custom Contract’ route then the charges as outlined below would need to be applied and we can initiate discussions with our legal team, who will be able to issue an MS Word version of the Terms for you to mark up.
What is a Hornbill Custom Contract?
Hornbill has gone to great lengths to Simplify and Standardise our Terms of Service and this works well for most of the Customers we engage with. However we do recognise that there are situations where Customers require additional protections or wish to incorporate specific terms and conditions as part of their procurement processes. In these situations Hornbill is happy to engage in the definition of a Custom Contract. As part of this process Hornbill and our legal team will consider for inclusion any Terms or Conditions that are not in conflict with those of our Standard Terms and Conditions, however the customer will need to keep in mind that the following costs are associated with Negotiating and Managing a Custom Contract.
Custom Contract negotiation costs include a one off non refundable fee of £10,000 GBP ($13,000 USD) per contract along with an ongoing annual contract management charge of £3,000 GBP ($4,000 USD).
Please note speak to your Hornbill Representative for more details.
Our Procurement Team have determined that Hornbill should engage on the basis of their Terms and Conditions?
Hornbill regularly receives Tenders and RFP's where the Customer's Procurement Team have specified that the procurement is predicated on Hornbill signing up to the Customers Terms and Conditions. Unfortunately in 99.9% of the times this comes up these terms are generic (used for procurement of everything from stationary to road sweepers) and not fit for purpose in the context of subscription to a cloud service. As you would imagine these often include a significant amount of superfluous conditions that dont relate to what we do and more importantly lack both the protections and in may cases the benefits available in the Hornbill Terms of Service which have been purpose built around our service and innovative commercial USP's.
Hornbill would be happy to incorporate as part of a Custom Contract any additional protections your Procurement or Legal team see as required, however the Hornbill Terms of Service form the basis upon which our Cloud Service is delivered.
What happens if I want to cancel the subscription to Hornbill?
Of course we will be disappointed to see you go, but we accept that things change and you may need to move on.
We believe in Happy, Not Contractually Bound, Customers so our standard Terms of Service incorporate a 'Termination for Convenience' which in plain English means you can terminate our agreement anytime, for any reason and without any requirement for a notice period.
Do I have to sign up for a minimum contract term?
No. Hornbills Terms of Service do not specify a contract term, instead we enter into a rolling contract which is ongoing until such time that you decide to stop subscribing and terminate the agreement. This being something you can do at any time without the need to serve out any notice period. Please see our FAQ on cancellation for more information.
Do Hornbill have the right to increase the cost of my subscriptions?
In short no. Hornbill has built into our commercial offering the concept of Price for Life which means that whilst we have the ability to adjust the subscription costs for any of our platform or application offerings, you as a customer are insulated from any such increase as the Subscription Fee for any specific item is fixed to the price you, the Customer, first paid for that specific item for as long as you remain a customer and within the bounds of the terms of our agreement. In fact if Hornbill were to decrease the subscription price for any given item you have the right within our agreement to request to move your subscriptions to the new price plan if this offers you better value.