General Conditions for Information Technology Contracts

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 3 of 521.17 “Programme” means the approved programme referred to in clause 33.1.18 Time Periods:1.18.1 “Contract Period” means the period specified in the Contract Specification duringwhich the Contractor shall execute the Services, commencing from the Date forCommencement.1.18.2 “day” means a calendar day, “month” means a Gregorian calendar month, and“year” a Gregorian calendar year.1.18.3 “Defects Liability Period” or “Warranty Period” where applicable, means the Stageof twelve (12) months following the Stage in the Contract where construction;erection; installation; testing; commissioning and the like are involved and shall meanthe twelve (12) months commencing from the date specified in the related Certificateof Completion of that Stage and as may further referred to in the ContractSpecification.1.18.4 “Installation Period” means the Period referred to in the Contract Specification.1.18.5 “Maintenance Period” means the Stage referred to in the Contract Specification duringwhich the Contractor shall perform the required maintenance.1.18.6 “Problem-Free Period” means the period specified in the Contract Specification whichshall start from the date of the System Installation Certificate and during which theSystem shall be monitored for continuous operation in accordance with the AcceptanceCriteria and the Technical Specification.1.19 “Services” means and includes all the services and any temporary works to be provided bythe Contractor together with all other obligations to be performed by, and responsibilities of,the Contractor within the Contract Period in accordance with the Contract.1.20 “Service Levels” means the ensemble of the conditions governing the rectification of faults statedin the Contract.1.21 “Service Order” means an instruction from the Company as further specified in the ContractSpecification.1.22 “Site” means the various offices of the Company where the Services are to be provided as furtherreferred to in clause 18 and in the Contract.1.23 “Specification” means the specification, codes and standards referred to in the Contract or asmay otherwise from time to time be provided by the Superintendent.1.24 “Stage” means a portion of the Contract Period as described in the Contract Specification.1.25 “Subcontractor” means any person, firm, partnership, corporation or combination thereof towhich any part of the Contract has been subcontracted, and shall include Vendor.March 2011
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 4 of 521.26 “Superintendent” means the person referred to in clause 11 and in the Contract Specificationor such other persons appointed from time to time by the Company and notified to theContractor to act as Superintendent for the purposes of the Contract.1.27 “System” where the context allows shall mean the hardware and/or the software supplied and/ordeveloped by the Contractor, or otherwise acquired by the Company, including current and futurereleases of the software to be supplied by the Contractor pursuant to this Contract.1.28 “Vendor” means any manufacturer or supplier who provides equipment or material to beincorporated in the Services.2. LANGUAGE AND INTERPRETATION2.1 All communications in connection with this Contract and its performance shall be in theEnglish language.2.2 Words importing the singular only also include the plural and vice versa where the contextrequires. Words importing a gender shall include all genders and words importing personsshall include incorporated associations and partnerships and any entity with legal standing.2.3 Where the context permits, the words "accept", "agree", "appoint", "Approve", "authorise","certify", "confirm", "consent", "delegate", "direct", "endorse", "inform", "instruct","notice", "notify" "order", "permit", "propose", "reject", "request", "settle", and "verify"(and derivatives of those words) when used in the Contract shall mean in writing.2.4 Unless otherwise specified, all reference to clause numbers is restricted to these GeneralConditions for Service Contracts contained in this document.3. ENTIRE AGREEMENT3.1 The Contract embodies the entire agreement between the Company and the Contractor. TheParties shall not be bound or obligated by any statement, representation, promise, inducementor understanding of any nature not set forth in the Contract. No changes, amendments ormodifications of any of the terms and conditions of the Contract shall be valid unless reducedto writing and signed by both Parties.3.2 Any review, agreement or approval by the Company related to the Services shall not act as awaiver of the Contractor’s obligations under the Contract.3.3 The cost of any review period stipulated in the Contract shall be deemed to have been built inthe Contract Price.4. WAIVERNone of the provisions of the Contract shall be considered waived by either Party exceptwhen such waiver is made in writing by its representative, unless where the waiver impactsthe Contract Price or date for completion of a portion of the Services it shall be made throughan Adjustment Order. No such waiver shall be or be construed to be a waiver of any past orfuture default, breach or modification of any of the terms and conditions of the Contractexcept as expressly stated in such waiver.March 2011
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General Conditions for Information Technology Contracts

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