Services

Development Terms of Business

1. The Development Process

1. Initial Meeting

   An initial meeting will establish the basic needs of the Purchaser and scope of the application. Both parties will determine whether the job is appropriate for ACE Training Ltd to undertake. ACE Training Ltd will provide a general verbal estimate of time required for both the System Specification and the System Development.

2. Proposal

   Based on the initial meeting a proposal will be prepared outlining the job scope and giving estimates. No chargeable work will be undertaken until the proposal is accepted. The proposal will take either of the following forms:
   
   
   1. Proposal Type 1; Development only. The job is sufficiently simple to outline the job in a Summary of Requirements based on the initial meeting. The proposal, including an estimate, is for development only.
   2. Proposal Type 2; Specification and Development. The job is too large to outline a development scope and estimate based on the initial meeting only. Further analysis is required. The brief proposal will outline the scope for a System Specification and give estimates to both create a Specification and complete the development (development estimate is a rough guide only

3. Agreement to Proceed/Project Milestones

   On signed Agreement, ACE Training Ltd will develop the system as described in the Summary of Requirements or System Specification. Project Milestones will be defined and agreed. The Milestone concept is an important tool in ensuring that the completed project meets purchaser expectation. Milestones are agreed points in the development project where progress can be demonstrated and purchaser feedback given. A project may have one or a number of Milestones.

4. Milestone Deliverables

   Development work will begin on the deliverables described in the current Milestone.

5. Milestone Review, Acceptance Testing and Sign-off

   Developer and user testing will establish whether the deliverables in the current Milestone have been achieved. A Milestone Review will formalise this stage. Work will continue on these deliverables, with adjusted estimates as necessary, until the user provides deliverable and Milestone sign-off. If the project contains further Milestones, development will proceed on deliverables in the next Project Milestone (1.4)

6. Final Project Review

   All Project Milestones have been achieved and the project is complete. A final review will establish any outstanding issues and document general project feedback.

2. Price

   The amount payable for the supply of the products and services is detailed in the proposal. Unless specified, GST is payable by the Purchaser.

3. Estimates

   ACE Training Ltd will provide an estimate for the time required to complete the development. Visits to the Purchaser’s premises are not included in this estimate. The estimate provided in the Proposal is valid for two months from the date of the proposal.
   
   ACE Training Ltd will proceed with development work on an hour-by-hour basis and the Purchaser will be charged actual hours.Visits to the Purchaser’s premises are included in the final cost and charged at the hourly rate specified in the Proposal (also including travel time, mileage and parking costs).

4. Milestone Review and System Acceptance

   Acceptance Testing is a requirement at each Milestone Review. The project will not proceed until testing of the deliverables is complete and purchaser sign-off given. This sign-off will be sought as part of the Milestone Review. The Purchaser is expected to complete System Acceptance Testing within seven (7) days of receiving the Milestone deliverables. If the system does not satisfy the Acceptance Tests, the Purchaser will notify ACE Training Ltd in writing with details of problems causing non-acceptance.
   
   Acceptance Testing is deemed passed and Milestone deliverables accepted if a non-compliance notice is not given within seven (7) days of receiving the Milestone deliverables. In this instance, invoicing for this Milestone will be carried out but work on further project Milestones will not be commenced.

5. Invoicing

   The Purchaser will be invoiced upon completion and Acceptance Testing sign-off of each Project Milestone. The invoice will include hours spent on work related to the deliverables in that Milestone, including site visit costs.
   
   Acceptance Testing is deemed passed and Milestone deliverables accepted if a non-compliance notice is not given within seven (7) days of receiving the Milestone deliverables. In this instance, invoicing for this Milestone will be carried out but work on further project Milestones will not be commenced.

6. Support and Maintenance

   Once the project is complete, ACE Training Ltd will provide ongoing support charged at the hourly rate specified in the initial proposal. However, in recognising the needs of all clients, any support must fit in with ACE Training Ltd’s existing scheduled consultancy work. The intention with any development work is to provide training that allows the Purchaser as much self-support as possible. The Purchaser may enter into an alternative Support Agreement with ACE Training Ltd.

7. Training

   Basic training will be provided as part of the system handover. Structured training sessions must be specifically included, and estimates provided, in the deliverables.

8. Documentation

   No user documentation will be provided unless specifically included, and estimates provided, in the project deliverables.

9. License

   Upon receipt of the final payment as detailed in the agreement, the purchaser gains full licensed use of those products and services provided under the agreement. The license of this product does not include the right to copy, reproduce, alter, transmit or distribute the product without the prior written permission of ACE Training Ltd. For a period of two years, ACE Training Ltd is to be given first option on further development of those products provided under the agreement.

10. Changes to Specification

    Any request for changes to the System Specification during development will require agreement from both ACE Training Ltd and the Purchaser. Details of changes, with any alteration to the original estimate, will be given on a Change Control form and attached to the appropriate Milestone Review sheet.

11. Confidentiality

    It is understood that any information provided by the Purchaser to ACE Training Ltd, is the property of the Purchaser and remains confidential.

12. Limitation Of Liability

    ACE Training Ltd will take all care to provide a system that meets the Purchasers needs. However, ACE Training Ltd will under no circumstances be liable for the accuracy of data, or for financial or business loss resulting from direct or indirect use of the developed application.

13. On-site Consultancy Work

    Consultancy work is considered a standalone event where no associated development proposal or estimate is provided by ACE Training Ltd. An ACE Training Ltd consultant will undertake consultancy work at the client's premises.
    
    A two hour minimum charge applies to consultancy work. Time beyond the initial two hours will be charged in 15 minute intervals. The rate for consultancy work is $250/hour + GST, plus mileage and travel time.

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