Terms of Business for Software Services
Oasys is pleased to set out the Terms of Business, which will apply to
the work we do for you ('the Customer'). These Terms of Business
together with the Estimate Form (once signed by both parties) form the
contact ('the Contract') between us. In the event of any term or
condition in these Terms of Business conflicting with a term or
condition in the Estimate Form then the latter will prevail. Please note
that any project proposal sent to the Customer does not form part of the
Contract and shall not in any way supersede, alter or vary the Contract
between Oasys and the Customer. If at any time the Customer has any
questions in connection with any part of the Contract or Oasys's work
please let Oasys know.
Oasys has agreed to design and write certain software Programs to meet
the Customer's requirements and to provide certain services upon the
terms and conditions of these Terms of Business.
1.1 In these Terms of Business the following expressions bear the
following meanings unless the context otherwise requires:
'Oasys' shall mean Oasys PC Systems Limited of 2 Staverton Road,
Daventry, Northants, NN11 4HL, who are identified as responsible for
carrying out the Software Services and shall include Oasys's personal
representatives, successors and assigns.
'Customer' shall mean the person, firm or company for whom the Software
Services is to be provided and shall include the Customer's legal
personal representatives, successors and assigns.
'Charges' mean the Charges to be levied by Oasys in respect of the
Contract Works in accordance with clause 11 below.
'Completion Date' means the date specified in the Estimate Form (as the
same may be revised in accordance with these Terms of Business) by which
completion of the Contract Works is to be achieved.
'Contract Works' means the works to be undertaken by Oasys pursuant to
'Customer Requirement' means the written statement prepared by or on
behalf of the Customer and set out in the Estimate Form indicating the
business or other application(s) to be computerised and the functional
and performance criteria that the programs must meet.
'Detailed Specification' means the written specification of the Programs
containing, interalia, the information set out in the Estimate Form to be
prepared in accordance with clause 2 below and as the same may be
altered from time to time pursuant to clause 6 below.
'Equipment' means the computer system(s) that the Customer specifies
identified in the Estimate Form.
'Limit of Liability' shall mean that sum so named in the Contract or the
sum to be ascertained from the rates and prices contained in the
Contract together with any additions there to or deductions there from
agreed in writing under the Contract.
'Programs' means the software Programs to be designed and written by
Oasys pursuant to the Contract whether a complete Program or code to
modify a third party program.
'Representative' means either of the representatives to be nominated
respectively by Oasys and the Customer in accordance with clause 5
'Site' means the address for the delivery and installation of the
Programs and Program Documentation specified by the Customer and set out
in the Estimate Form.
'Oasys Project Manager' shall mean the person for the time being or from
time to time duly appointed by Oasys and notified in writing to the
Customer to act as Oasys's representative for the purpose of the
'Staff' means the persons identified in the Estimate Form including any
replacements made by Oasys pursuant to clause 5 below.
'Supply' shall mean the supply of Software Services or good's specified
in the quotation or order.
'Software Services' shall mean work of a professional nature to be
provided by Oasys to the Customer under this contract and shall include,
but not be limited to, feasibility studies, hardware and software
evaluation and selection, systems analysis and design, programming and
testing, installation, implementation, delivery, documentation, ongoing
support and consultancy.
2.1 Oasys agrees to supply and the customer agrees to acquire the
Software Services on a fixed price basis as laid out in the Contract.
2.2 The Software Services to be provided are as agreed between the
Customer and Oasys as defined in the Contract. Particulars, together
with any additions, deletions and changes agreed to in writing during
the course of this Contract. Until such time as any addition, deletion
or change is agreed in writing, Oasys will, unless otherwise agreed,
continue working on the Contract as if such a change has not been
2.3 Oasys charges shall not exceed the Limit of Liability plus
reasonable travelling, subsistence and accommodation expenses properly
incurred by Oasys during the performance of this Contract.
2.4 Oasys accepts no responsibility for hardware or software provided by
the Customer for an Oasys representative to work upon. It is the
Customer's responsibility to ensure that the hardware and software has
been installed and configured correctly for the purpose of the
Requirement or Deliverable, unless installation and configuration of the
items in question is an inherent function of the Requirement or
2.5 When it is an inherent function of the Requirement / Deliverable to
install and configure hardware and software supplied by the Customer,
Oasys cannot accept any responsibility for the quality and performance
of the items in question. For such items Warranties and Service
Agreements must exist directly between the Customer and the supplier.
2.6 If the Customer requests that Oasys's representative(s) deals
directly with a 3rd party supplier due to a Warranty or Service issue or
if the activities of the representative are delayed as a result of
problems with the items in question, all such time will be deemed as
chargeable beyond any price previously quoted.
3 Oasys's responsibilities
3.1 In consideration of the payment by the Customer of the charges to be
levied by Oasys in accordance with clause 11 below and subject to the
Terms of Business Oasys hereby undertakes:
3.1.1 To perform the Software Services in a timely, professional and
workman like manner. Software development is a complex activity and
Oasys does not warrant that any software that it develops will be free
from all defects;
3.1.2 To design and write the Programs for use with the Equipment;
3.1.3 To design and write the Program documentation for use in
association with the Programs;
3.1.4 To use its best endeavours to achieve Completion of the Contract
Works by the Completion Date.
4 Customer responsibilities
4.1 The Customer agrees to provide free of charge for each employee of
Oasys engaged in work on the Customer's Site a suitable place of work,
necessary supplies and amenities comparable to those provided for the
Customer's staff of similar status, including access to telephone and
fax, as Oasys shall reasonably require to perform the Contract Works.
4.2 The Customer shall provide all information and materials reasonably
required to enable Oasys to provide the Software Services and perform
the Contract Works. The Customer warrants that all information disclosed
or to be disclosed to Oasys is true, accurate and not misleading in any
4.3 The Customer shall ensure that its Representative is available to
provide such assistance as Oasys reasonably requires to enable Oasys to
perform the Contract Works.
4.4 The Customer agrees to pay the Charges as set out in clause 11
4.5 The Customer accepts responsibility for ensuring any text or image
(either electronic or printed) provided to Oasys, does not infringe
copyright or any other laws.
4.6 The Customer accepts that if the use of any text or images provided
by the Customer results in Oasys infringing copyright or any other laws,
the Customer will be legally liable to pay any fees, fines or other
costs associated with their use and publication.
5 Contract supervision
5.1 With effect from the date of the Contract Oasys and the Customer
shall each nominate a Representative who shall be authorised to make
decisions relating to the Contract Works who shall be responsible for:
5.1.1 Organising meetings at which they shall review the progress of the
5.1.2 Providing (subject to the provisions in respect of confidentiality
set out in clause 13 below) all information and documentation reasonably
required by Oasys or the Customer (as the case may be) for the
performance of its duties hereunder.
5.2 Each party shall inform the other of any change in the identity of
its Representative during the course of the Contract.
5.3 The day-to-day management of this Contract shall be the
responsibility of the Oasys Project Manager who will use reasonable
endeavours to complete the agreed Software Services within the agreed
Limit of Liability. If at any time Oasys considers that the Software
Services cannot be completed within the Limit of Liability or by the
agreed Completion Date, then Oasys shall immediately inform the Customer
and explain the circumstances. The Customer may then either request
Oasys to stop work at the end of the following day or agree appropriate
changes to the Contract.
6 Amendments and Variations
6.1 The Customer shall be entitled at any time up to four  weeks (or
such time as may be agreed by the parties) prior to the Completion Date
to request in writing to Oasys to modify the design of the Programs.
6.2 The Customer shall provide Oasys with full particulars of any
requested modifications and such further information as Oasys shall
6.3 Within seven  days (or such time as may be agreed by the parties)
of receipt of a request pursuant to clause 6.1 above Oasys shall inform
the Customer in writing whether such modifications is technically
feasible and shall inform the Customer of the alterations to the
Completion Date that it shall reasonably judge necessary to make as a
result of such request.
6.4 If the Customer elects to proceed with the modifications within
two days (or such time as may be agreed by the parties) of receipt of
the proposed alterations to the Completion Date then the Completion Date
shall be amended in the manner indicated by Oasys pursuant to clause 6.2
6.5 Oasys shall be entitled to levy charges in request of the request as
if the same formed part of the Contract Works and where consideration of
the request has caused a delay in the implementation of the Contract
Works Oasys shall be entitled to make such extension to the Completion
Date as it shall reasonably judge necessary.
7.1 The Contract may be terminated:
7.1.1 forthwith by Oasys if the Customer fails to pay any sum here under
within thirty days of the due date therefore;
7.1.2 forthwith by either party if the other commits any material breach
of any term of this Terms of Business (other than one falling within
7.1.1. above) and which (in the case of a breach capable of being
remedied) shall not have been remedied within thirty  days of a
written request to remedy the same;
7.1.3 forthwith by either party if the other shall convene a meeting of
its creditors or if a proposal shall be made for a voluntary arrangement
within Part I of the Insolvency Act 1986 or a proposal for any other
composition scheme or arrangement with (or assignment for the benefit
of) its creditors or if the other shall be unable to pay its debts
within the meaning of section 123 of the Insolvency Act 1986 or if a
trustee receiver administrative receiver or similar officer is appointed
in respect of all or any part of the business or assets of the other
party or if a petition is presented or a meeting is convened for the
purpose of considering a resolution or other steps are taken for the
winding up of the other party or for the making of an administration
order (otherwise than for the purpose of an amalgamation or
7.1.4 forthwith by either party by giving one month's written notice.
7.1.5 forthwith by either party without notice in the event that the
other party commits a substantial breach of any of its provisions or
fails to cure any other breach within 28 days of receiving written
notice from the other specifying the breach.
7.1.6 forthwith by either party without notice in the event that the
other party becomes insolvent or bankrupt or (being a company) makes an
arrangement with its creditors or has an administrative receiver or
administrator appointed or resolves to go into voluntary liquidation
(other than for the purpose of bonifide amalgamation or reconstruction).
7.2 If Oasys terminates the Contract under clauses 7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5 the Customer will be liable to Oasys for the reasonable
costs incurred by Oasys as a result of the termination including but not
limited to costs relating to sub-contractors or relocation.
7.3 Any termination of the Contract pursuant to this clause shall be
without prejudice to any other rights or remedies a party may be
entitled to hereunder or at law and shall not affect any accrued rights
or liabilities of either party nor the coming into or continuance in
force of any provision hereof which is expressly or by implication
intended to come into or continue in force on or after such termination.
7.4 Upon termination of the Contract any outstanding Charges shall
remain due and payable in accordance with clause 11.
7.5 Upon termination of the Contract each party will return to the other
any property of the other that it then has in its possession or control.
7.6 Cancellation of bookings must be made by the Customer only if
presented in writing and will be subject to the following charges:
7.6.1 Between one month's notice and 10 working days prior to the
commencement of the booking - No charge
7.6.2 Between 10-5 working days of the commencement of the booking -
Charge equal to fifty percent (50%) of the total price stated upon the
7.6.3 Within five working days of the commencement of the booking -
Charge equal to the full amount of the total price stated upon the
7.7 Notification of cancellation shall be delivered personally, sent by
e-mail, sent by fax or sent by first class post. Notice is deemed to
have been served, as follows:
7.7.1 Personally delivered, sent by e-mail or sent by fax: at the time
of delivery save that if it is served after 5pm it is deemed to have
been served at 9am the next Working Day.
7.7.2 If posted: one Working Day after the envelope containing it is
delivered into the custody of the postal authorities.
7.8 No cancellation is effective unless it is made by the Customer in
writing and until it is received and acknowledged by Oasys at its main
office. It is the responsibility of the Customer to ensure that any
written notice of cancellation has been received by Oasys.
8 Preparation and approval of the Detailed Specification
8.1 Unless specifically provided for in the Detailed Specification then
any aspect of the Program or Program Documentation which is open to
interpretation (including but without prejudice to the generality of the
foregoing any aspect of the Program that is technical procedural
practical mechanical visual aesthetic or design related) will be
interpreted by Oasys as they see fit and the Customer agrees to accept
Oasys's interpretation. Should the Customer then request any further
modification of the Program, Program Documentation or Detailed
Specification then they will use the procedure in clause 6.
9 Writing of the Programs and Program Documentation
9.1 Forthwith upon the approval (deemed or express) by the Customer (or
Oasys as is required) of the Detailed Specification pursuant to clause 6
Oasys shall commence the writing of the Programs and the Program
Documentation upon the basis of and in compliance with the Detailed
9.2 Oasys shall use all reasonable endeavours to complete the said
writing by the Completion Date set out in the Contract or as soon
thereafter as is possible.
9.3 Depending upon the type of Program Documentation specified, it may
not be possible for its delivery to take place at the same time as the
associated Programs. Technical documentation will require the Program to
have been in operation for some time before all aspects to be covered in
the documentation can be assessed.
10 Delivery and installation
10.1 Oasys shall use all reasonable endeavours to deliver the Programs
and Program Documentation to the Site and install the Programs on the
Equipment by the Completion Date or as soon thereafter as is possible.
11.1 Oasys terms of payment are strictly cash or other payment agreed in
writing and payment is to be made in the following manner, unless Oasys
11.1.1 All payments are to be made in UK Pounds Sterling.
11.1.2 The Customer is to pay a non-refundable deposit of up to 50% with
a signed Purchase Order (based on the total cost of the order value). No
work shall commence until the agreed deposit payment is received from
11.1.3 The balance of the total cost is to be paid by the Customer
within 30 days of the software's completion. Failure to effect payment
when due will enact the rights set out in clause 11.2 below, without
prejudice to any other remedy which Oasys may have.
11.2 Oasys reserves the right to charge interest on overdue balances at
the rate of 3.5% above the NatWest Bank base rate, calculated from the
date of invoice to the date of payment. Oasys reserves the right to
change this percentage in its absolute discretion.
11.3 A claim or counterclaim shall not justify the Customer withholding
11.4 Title in all goods & services supplied by Oasys shall rest with
Oasys until Oasys has received full payment.
11.5 Oasys reserves the right to raise an invoice for Software Services
available for supply on the agreed Completion Date should Oasys not be
permitted to carry out the agreed work as a result of the Customer not
being in a position to accept delivery. The invoice thus raised will be
payable on the agreed order terms as if the work had been carried out on
the Completion Date.
11.6 Legal and beneficial ownership of the goods shall remain with Oasys
until payment has been made in full.
12.1 Save in so far as otherwise expressly provided all amounts stated
in the Contract are expressed exclusive of value added tax and any value
added tax arising in respect of any supply made hereunder shall on the
issue of a valid tax invoice in respect of the same be paid to the party
making such supply by the party to whom it is made in addition to any
other consideration payable therefore.
13 Confidentiality and non-competition
13.1 Each of Oasys and the Customer hereby undertakes to the other to:
13.1.1 Keep confidential all information (written or oral) concerning
the business and affairs of the other that it shall have obtained or
received as a result of the discussions leading up to or the entering
into or performance of the Contract (the 'Information');
13.1.2 Not without the other's written consent to disclose the
Information in whole or in part to any other person save those of its
employees and the representative involved in the implementation of the
Contract Works and who have a need to know the same; and
13.1.3 To use the Information solely in connection with the
implementation of the Contract Works and not for its own or the benefit
of any third party.
13.2 The provisions of clause 13.1 shall not apply to the whole or any
part of the Information to the extent that it is:
13.2.1 Trivial or obvious;
13.2.2 Already in the other's possession other than as a result of a
breach of this clause; or in the public domain.
13.3 For the purposes of the Customer's undertaking under clause 13.1
above the Information shall be deemed to include all information
(written or oral) concerning the Detailed Specification.
13.4 Each of Oasys and the Customer hereby undertakes to the other to
make all relevant employees agents and sub-contractors aware of the
confidentiality of the Information and the provisions of this clause 13
and without prejudice to the generality of the foregoing to take all
such steps as shall from time to time be necessary to ensure compliance
by its employees agents and sub-contractors with the provisions of this
13.5 The provisions of clause 13.4 above shall not apply to the Customer
if the Contract is terminated by the Customer pursuant to any one of the
events of insolvency set out in clause 7.1.3 above.
14.1 The Customer shall be responsible for and hereby agrees to
indemnify Oasys and hold Oasys has in any way infringed and intellectual
property right or any kind of U K or international legislation or
14.2 The Customer hereby agrees to stand liable for and to indemnify
Oasys against any costs brought about by this action, defending any
litigation or regulation.
14.3 The Customer also hereby agrees to stand liable for and to
indemnify Oasys against any costs brought about by this action,
defending any litigation brought and paying costs, damages, awards, fees
(including reasonable legal fees) and judgements finally awarded against
Oasys and shall provide Oasys with notice of such claims, full authority
to defend, compromise or settle such claims and reasonable assistance
necessary to defend such claims at the Customers sole expense.
14.4 The Customer hereby agrees to indemnify Oasys against any claim
(including all loss, costs, actions, proceedings, claims, damages,
expenses and legal costs), brought resulting from use of the service
improperly by the Customer including but not limited to the improper
uses set out in clause 14 hereof.
14.5 Without prejudice to the foregoing the Customer shall be
responsible for and shall indemnify Oasys against all damages (including
any claim for breach of trademark, patent or registered design and undue
wear and tear to any goods materials or equipment of Oasys) costs,
claims, demands, and expenses of whatever kind and under any and every
head of legal liability whether for financial loss, for personal
injuries, damages to property or damages otherwise suffered by or made
upon Oasys by reason of any breach by the customers by the Customer of
any of the conditions hereof or any act, default or omission arising out
of the performance if any contracted with the Customer by Oasys (other
that the wilful act or default of Oasys).
14.6 The termination of our Contract with any Customer shall not affect
the provisions of this clause 14, which shall continue thereafter.
15 Intellectual property rights
15.1 The copyright and all other intellectual property rights and
confidential information in the Detailed Specification, the Programs and
Program Documentation shall vest in Oasys until clause 15.2 becomes
15.2 Forthwith upon Oasys acknowledging receipt of the Customer's signed
work acceptance sheet for the Contract Works Oasys in consideration of
the payment by the Customer of the Charges hereby assigns to the
Customer the copyright and all other intellectual property rights and
confidential information in the Detailed Specification, Program and
Program Documentation relating to that Contract Work excluding the
15.3 Upon the assignment provided in clause 15.2 Oasys shall within a
reasonable time deliver to the Customer the Program together with all
relevant supporting documentation.
16 Intellectual property rights indemnity
16.1 Oasys shall indemnify and hold harmless the Customer against any
damages (including costs) that may be awarded or agreed to be paid to
any third party in respect of any claim or action that the normal
operation possession or use of the Programs and/or Program Documentation
by the Customer during the currency of the Contract and prior to the
assignment pursuant to clause 15 above infringes the patent copyright
registered design or trade mark rights of said third party (an
'Intellectual Property infringement') provided that the Customer:
16.1.1 Gives notice to Oasys of any Intellectual Property Infringement
forthwith upon becoming aware of the same;
16.1.2 Gives Oasys the sole conduct of the defence to any claim or
action in respect of any Intellectual Property Infringement and does not
at any time admit liability or otherwise settle or compromise or attempt
to settle or compromise the said claim or action except upon the express
instructions of Oasys; and
16.1.3 Acts in accordance with the reasonable instructions of Oasys and
gives to Oasys such assistance as it shall reasonably require in respect
of the conduct of the said defence including without prejudice to the
generality of the foregoing the filing of all statements of case and
other court process and the provision of all relevant documents.
16.2 Oasys shall reimburse the Customer its reasonable costs incurred in
complying with the provisions of clause 16.1 above.
16.3 Oasys shall have no liability to the Customer in respect of an
Intellectual Property Infringement if the same results from any
unauthorised alteration modification or adjustment to the Programs or
Program Documentation without the prior written consent of Oasys.
16.4 In the event of an Intellectual Property Infringement Oasys shall
forthwith make without charge to the Customer such alterations
modifications or adjustments to the Programs and Program Documentation
as shall be necessary to make them non-infringing.
17 Samples of work
17.1 Where samples of Oasys's work are shown to the Customer these are
intended as a guide to the work Oasys is able to produce and no terms,
conditions or warranties will be implied into any individual agreement
as a result of the demonstration of such samples of work.
18 Patents, designs, copyright, drawings, literature and graphics
18.1 Unless otherwise specified Oasys reserves the right to full
ownership or copyright of all inventions designs, drawings, graphics,
specifications, plans or processes produced or evolved during or as a
result of work carried out during the supply.
18.2 The property and copyright in all documents, drawings, plans,
photographs, illustrations and other printed matter and of graphic
images prepared and submitted to Oasys will remain with Oasys except
where such documents or graphic images are supplied by the Customer.
18.3 Oasys will not provide for sale to any third party such documents
or graphic images as aforesaid nor use any part of them for the benefit
of any third party without the Customer's written consent.
18.4 Oasys does not accept liability for any errors or omissions and
reserves the right to change drawings and/or specifications without
19 Company's lien
19.1 Oasys shall have a general as well as a particular lien on all
goods materials or any other property of the Customer which shall be in
possession of Oasys in respect of any unpaid account of the Customer
(whether or not in relation to the goods materials or other property of
the Customer) and such lien shall extend to such goods materials or
property in the possession of any agent or sub-contractor of Oasys or
directly or indirectly under the control or disposition of Oasys its
agents or sub-contractors.
19.2 Oasys shall have the right to sell in the United Kingdom or abroad
any of the goods materials or property concerned by public auction or
otherwise to pay or retain the costs and expenses of maintaining and
exercising such liens as are given to Oasys hereunder. Oasys shall not
owe a duty of care to the Customer in respect of such sale.
20 Limitations of liability
20.1 While Oasys makes reasonable endeavours to carry out its
obligations, Oasys shall not be liable in contract tort or under head of
legal liability for any damages, costs, claims, expenses or interest
arising out of the performance or alleged non performance of any
contract entered into by Oasys in particular (without limiting the
foregoing) Oasys shall not save where otherwise required by law or
ordered by the court accept any liability for: -
20.1.1 Consequential loss or damage of any kind unless the type of loss
or damage was specifically drawn to the attention of Oasys at the date
20.1.2 Any loss or damage caused by the conduct or neglect of the
20.1.3 Any inherent or latent defect in any goods or materials which
Oasys could not readily have discovered or rectified.
20.1.4 Any act neglect or default due directly or indirectly wholly or
partially to any act or thing outside the control of Oasys.
20.1.5 Loss or damage due to delay on the part of Oasys or its servants
20.1.6 Statements or information supplied in specifications and drawings
referred to in the quotation, which shall be for guidance only.
20.1.7 Any claim for an amount in excess of £1,000.
20.2 Save as aforesaid and save as required by laws all conditions
warranties or other terms whether express of implied statutory or
otherwise are hereby expressly excluded.
20.3 Not withstanding the foregoing where goods are supplied by Oasys to
the Customer, Oasys accepts liability in the following but no other
20.3.1 Where the goods supplied are proved to Oasys's satisfaction to be
defective solely due to the faulty design, workmanship or materials
provided that such defects arise within three months from the date of
supply, after three months there will be a charge, payable to Oasys.
20.4 Under no circumstances will either party be held liable for any
21.1 Neither party shall be entitled to assign the Contract nor all or
any of their rights and obligations hereunder without the prior written
consent of the other.
22.1 Oasys shall not be entitled to sub-contract the whole of its
obligations hereunder without the prior written consent of the Customer.
22.2 Oasys reserve the right to employ agents and sub-contractors when
providing any part of the Services or the Contract Works. Any reference
to the Staff in the Contract includes agents and sub-contractor staff.
22.3 Where the Customer requests Oasys to contract the services of a
sub-contractor specified by the Customer, the Customer accepts
responsibility for the work to be performed by such sub-contractor.
22.4 Oasys's agreement to programme and integrate the work to be
performed by such sub-contractor for the purposes of the Contract is on
the basis that Oasys will not be responsible or liable to the Customer
or to any other person for the work performed by, and all acts,
omissions, defaults and neglects of such sub-contractor. In the above
circumstances the Customer will be responsible and liable for, and will
indemnify Oasys against and from, any liability which Oasys may incur to
any person and against all claims, demands, proceedings, damages,
losses, costs and expenses made against, suffered or incurred by Oasys,
directly or indirectly as a result of or in connection with the work
performed by any such sub-contractor.
23.1 Headings to clauses in these Terms of Business are for the purpose
of information and identification only and shall not affect the
construction or interpretation of the Terms of Business.
24 Force Majeure
24.1 Neither party hereto shall be liable for any breach of its
obligations hereunder resulting from causes beyond reasonable control
including but not limited to terrorist activity strikes (of its own or
other employees) wars, insurrection or riots, acts of God, fires,
malicious acts of damage, failure of electricity supply, or Government
24.2 Each of the parties hereto agrees to give notice forthwith to the
other upon becoming aware of an Event of Force Majeure such notice to
contain details of the circumstances giving rise to the Event of Force
24.3 If a default due to an Event of Force Majeure shall continue for
more than twenty-six  weeks then the party in default shall be
entitled to terminate the Contract. Neither party shall have any
liability to the other in respect of the termination of the Contract as
a result of an Event of Force Majeure.
25 Acceptance of Terms of Business
25.1 The Customer acknowledges that it has read and understood and
accepts these Terms of Business.
25.2 Oasys reserves the right to amend its Terms of Business from time
to time on giving the Customer 28 day's written notice or its amended
Terms of Business.