Maintenance Service
Scope of Maintenance
Maintenance Service provided by MasterSoft (H.K.) Limited (hereinafter called “MasterSoft”) maintains against system defects for a period of ONE (1) YEAR from the date of installation. Charges can be referred to the Service Contract. Maintenance Service only applies to products developed by MasterSoft. Other products or products provided by other companies which named as “MasterSoft” will not be included in this Maintenance Service.
Maintenance Service provided by MasterSoft under the situations as below:
Training courses
Training courses are offered on a regular basis at MasterSoft’s office in Hong Kong. Clients are appreciated to call the Customer Service Hotline: 3156 7135 for reservation during the Maintenance Service period. Participants will obtain the relevant certificate after completing the course.
Maintenance of Data Checking
For any failures caused by other external factors, such as suffered in product and cannot be normal operated, MasterSoft will provide web service for data checking.
Hot Line / Teamviewer Support
For any conceptual problems or problems relating to the product, clients can contact our customer service officers (Monday to Friday at 09:00-13:00 and 14:00-18:00 except all public holidays) during the Maintenance Service period. If it is not sufficient to resolve the problem, clients may offer a permission to the customer service officer to establish and maintain an appropriate network configuration through Teamviewer Remote Services by accessing the product of the clients online.
Priority in Receiving Latest News
During the Maintenance Service period, client will have priority to receive latest news and information on MasterSoft’s products and services.
In case of any disputes, MasterSoft reserves the right to determine the final outcome.
Maintenance Service Agreement General Terms and Conditions
The terms and conditions of Maintenance Service apply to system which MasterSoft (H.K.) Limited (the Company), has accepted for Maintenance Service. The Company’s maintenance obligations are limited to the terms set forth below:
Extend of Maintenance Service
a. This maintenance applies only to computerised system developed by the Company. The Company does not maintain any products that are not the Company’s products.
b. This Maintenance Service is valid and limited to the Company’s Computerised System purchased and used in
Hong Kong.
c. The Company will use its reasonable efforts to provide the Maintenance Service. However, the Company may suspend the Maintenance Service in whole or in part at anytime without notice if:
(i) the Equipment fail or require modification; or
(ii) in the Company’s reasonable opinion, there is or has been unauthorized, unlawful or fraudulent use of the System.
The Customer shall remain liable for all Charges during the period of suspension unless, in the Company’s reasonable discretion, the Company decides otherwise.
Limitation of Liability
a. The Maintenance Service is conditional upon the Computerized System has only been used in a normal and customary manner and has not been tampered in any way. The Maintenance Service does not include solution of failures caused by: misuse, neglect, accident, operation outside the specified operating environment, improper testing and maintenance by the Customer, failure caused by service of the Computerized System by technical personnel who are not from the Company, environmental conditions such as the lack of electricity supply, failure caused by virus infect, failure caused by a product, for example, hardware, for which the Company is not responsible, or other human mistakes.
b. The Maintenance Service does not include the Computerized System re-installation service due to hardware issues or networking issues.
c. The Maintenance Service does not include the Computerized System migration service from one particular address to another or from one particular PC to another.
The Customer’s Responsibilities
The Customer agrees that:
a. The Customer shall save the information in a stable and safe environment as backup, for example, hard disk, zip drive, etc.
b. The Customer is suggested to utilise the software with authorised licence in which the Company is not responsible for any rights and liabilities if the Customer not to do so.
Termination of Maintenance Agreement
a. The Company may terminate the Agreement in whole or in part or any Services or any part thereof immediately, if in the Company’s opinion:
(i) the Customer has failed to pay the Company the maintenance charges; or
(ii) the Customer is in breach of any of the terms of the Agreement or fails to comply with any reasonable requirement of the Company in relation to the use of the System;
b. Termination of the Maintenance will not affect any rights or liabilities of the parties which have arisen prior to the date of termination.
c. The Company is not responsible for special, incidental, or consequential, damages resulting from any breach of maintenance, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, and any costs of recovering or reproducing the data stored in or used with the Company’s products.
INTERPREATATION
a. Reference to the plural shall include the singular and vice versa; references herein to any person shall include references to individuals, firm, body corporate or unincorporate.
b. The terms and conditions of this Maintenance Agreement are written in both English and Chinese. The English version shall prevail whenever there is any inconsistency or interpretation of this Maintenance Agreement.