We are PEARBRIGHT LIMITED, a company registered in England and Wales with company number 06198166, whose registered address is at 34 Plimsoll Road, London N4 2EL. In these terms and conditions, we will refer to ourselves as 'we', 'us' or 'our' and to our customers as "you" or "your".

Our Services - Software

We may provide software applications which you may use in exchange for a regular fee ("Software As A Service") or for a one-off cost as part of a consultancy assignment. In either case the software is supplied as is and without any warranty or liability on our part. We will make reasonable best endeavours to ensure that the application performs as expected.

Our Services - Consultancy

We provide the services of a highly experienced, professionally qualified IT consultant at an affordable rate. By requesting us to provide a service, you are agreeing to be bound by these terms and conditions.

You can request our services in the following ways:

• by phoning us on 077 6255 1113
• by filling in the contact form on our web site www.pearbright.com
• by emailing us

We reserve the right to decline to provide a service at our sole discretion, except in the case of repairs (see below). If, in our professional judgement, our services are not an appropriate solution to your business requirement, we will say so.

Our services may be provided to your premises by telephone, by personal visit or by telecommunication such as internet videoconferencing or remote support. We may also provide a service by activities conducted elsewhere, such as research and development of a solution specific to your requirement.

We aim to provide the services of a named consultant who will develop an in-depth understanding of your business requirement, but we reserve the right to supply the services of a different consultant with similar professional qualifications and experience. We will demonstrate these qualifications and experience by making your consultant's curriculum vitae available to you.

We will use reasonable endeavours to meet any dates quoted for the supply and completion of our services, but any such dates are approximate only, and time for the supply and completion of our services shall not be of the essence.

Billing and Payment

We charge you per hour of consultant time. If you are a new customer, we will provide up to half an hour of consultant time at no cost, in order to assess your business requirement. If you decide to proceed, we will charge you £60 per hour of consultant time, subject to a minimum fee of £120 in any one calendar month in which you use our services. The maximum amount of time we spend on your requirement will be set by mutual agreement. We will invoice you monthly and you agree to pay each invoice within 30 days of its date of issue.

We will also charge at cost for any out of pocket expenses incurred by our consultant including, but not limited to, the purchase of equipment or consumables on your behalf, and for the cost of travel outside the Greater London area.

Warranty, Refunds and Repairs

We aim to provide a high standard of professional and technically capable services commensurate with the qualifications and experience of the consultant who provides the service, using reasonable care and skill. In the unlikely event that we clearly fail to meet these standards, we will offer a refund, or will offer to make repairs at no additional cost to you.

We are not liable for any failure or delay in performing our obligations to the extent that such failure or delay is caused by an event beyond our reasonable control.

Intellectual Property Rights

Our service may result in the production of intellectual property such as software scripts, and we reserve the right to use this knowledge for the benefit of other customers.

Except in relation to any materials or information that you provide to us in relation to the supply of our service, all intellectual property rights arising out of the service belong to us. We grant you a fully paid, worldwide, non-exclusive and irrevocable licence of these intellectual property rights to the extent necessary for you to receive the full benefit of our service.

Limitation of Activities

We may provide our services to other customers and you may not prevent us from doing so.

Where issues of confidentiality may arise, for example if one customer is a commercial competitor of another customer, we will make reasonable endeavours to ensure confidentiality but we will not be liable for any loss arising from a breach of confidentiality howsoever caused.

You may ask us if we provide services to your competitors and may decline to use our service if we do.

Liability

We are not liable for any indirect or consequential loss, any loss of profits or any loss of business, whether arising from tort, breach of contract, indemnity or otherwise. Our liability in respect of all claims, losses or damages of whatever nature, whether arising from tort, breach of contract, indemnity or otherwise, shall not exceed the aggregate of the charges paid by you to us.

Nothing shall exclude or limit either party's liability for any death or personal injury caused by negligence or for any other liability that cannot be excluded or limited by law.

Additional Contract

If we sign a separate additional contract with you, then that additional contract will supercede these Terms and Conditions.

Jurisdiction

This agreement will be governed by the law of England, and the parties submit to the exclusive jurisdiction of the English courts.