TERMS AND CONDITIONS OF THE PAY EASY APPLICATION SUPPORT

1. APPLICATION SUPPORT SERVICE

• Progressive Technology Ltd (hereinafter referred to as “the Supplier”) shall provide application support services in response to a telephone call by a customer who has subscribed for the Software (Pay Easy) application support service (hereinafter referred to as “the Customer”). The reported problem can be related to a query of the Software functionality or a suspected defect or error in the Software that is substantially different from the operating specifications.

2. DURATION

• The application support services shall commence on the commencement date of the Application Support Agreement (hereinafter referred to as “Agreement”) and shall continue to be provided for an initial term of 12 months from the commencement date.
• Customer may renew the Agreement upon expiry of the service term at a charge prevailing at that time.”
• The Supplier has no obligation to renew the Support Services agreement upon expiry of the service period.

3. APPLICATION SUPPORT CHARGE

• The Customer shall pay to the Supplier the application support charge at HK$780 per annum (hereinafter referred to as the “Application Support Charge”) in advance for the application support services.
• At the sole option of the Supplier, on-site attendance for the Customer will be provided by the Supplier at an hourly rate of HK$500 with a minimum charge of one hour.
• The support service is not transferable nor refundable.

4. SUPPORT AVAILABILITY

• The Supplier shall provide application support services to the Customer during normal business hours of the Supplier and will solely be at the discretion of the Supplier.

5. SUPPORT STANDARD

• The Supplier does not warrant that it will be capable of promptly receiving, processing or otherwise acting on a request for application hot-line support services or that it can provide on-site services that is outside the times covered in Section 4.
• The Customer shall, if so requested by the Supplier, give the Supplier a listing or output and any other data which the Supplier requires in order to reproduce operating conditions similar to those present when any defect or error in the Software was discovered.　

6. EXCLUSIONS

• 6.1 Application support services to be provided by the Supplier under the Agreement do not include:

1. support of other software not supplied by the Supplier.
2. rectification of lost or corrupted data arising from the Customer’s own negligence;
3. support rendered more difficult because of any changes, alterations, additions, translations, modifications or variations to the licensed software product (Pay Easy) or the operating environment not authorised by the Supplier;
4. attendance to faults caused by using the licensed software product outside design or other specifications or outside the provisions laid down in any documentation or manual supplied with the licensed software product;
5. diagnosis and/or rectification of problems not associated with the licensed software product;
6. loss or damage caused by operator error or omission;
7. rectification of errors caused by fault in the equipment of the Customer;
8. correction of errors caused by the use of computer programs not licensed by the Supplier to the Customer;
9. training for operating staff of the Customer;
10. hardware maintenance services;
11. upgrading implementation charge of new releases for enhancements designed to extend the Software to provide facilities not contained in the operating specifications or otherwise not contemplated by the Supplier and Customer at the commencement date;
12. furnishing or maintenance of accessories, attachments, supplies, consumables or associated items, whether or not manufactured or distributed by the Supplier; and
13. correction of errors arising directly or indirectly out of the Customer’s failure to comply with the Agreement or any other agreement between the Supplier and Customer relating to the Software.

7. ACCESS – In case on-site attendance is required by the Customer

• 7.1 The Customer shall ensure the Supplier's software maintenance personnel have full and safe access to the Software and the designated equipment at all reasonable times for the purpose of providing the application support services.
  
  
• 7.2 The Customer shall also ensure that the Supplier's maintenance personnel are provided with the relevant information, facilities, services and accessories reasonably required by the Supplier to enable the Supplier to comply with its obligations under the Application Support Service Agreement.
  
  

• 7.3 The Customer shall provide on request a suitably qualified or informed representative, agent or employee to accompany the Supplier's maintenance personnel and to advise the Supplier on access or on any other matter within the Customer's knowledge or control which will assist the Supplier in complying with its obligations under the Agreement.

8. CUSTOMER'S RESPONSIBILITIES

• The Customer should ensure that all critical data is backed up on a regular basis. Data protection and measures to safeguard data should it be inadvertently lost through hardware malfunction or any other causes, shall remain the Customer’s sole responsibility.

9. LIMITATION OF LIABILITIES

• In no event will the Supplier be liable for any damage caused by the system’s failure to perform or for any indirect or consequential damages, including, but not limited to, loss of profits, anticipated savings, or for any claim made against the Supplier by any other party. The Supplier will not be liable for damages made by the Customer’s employee during on-site service. In addition, the Supplier will not be liable for any damages claimed by the Customer based on any third party claim.

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