AND CONDITIONS OF THE PAY EASY APPLICATION SUPPORT
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.
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.
may renew the Agreement upon expiry of the service term at a charge
prevailing at that time.¡¨
Supplier has no obligation to renew the Support Services agreement
upon expiry of the service period.
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.
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.
support service is not transferable nor refundable.
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.
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.
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.¡@
Application support services to be provided by the Supplier under
the Agreement do not include:
of other software not supplied by the Supplier.
of lost or corrupted data arising from the Customer¡¦s own negligence;
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;
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
and/or rectification of problems not associated with the licensed
or damage caused by operator error or omission;
of errors caused by fault in the equipment of the Customer;
of errors caused by the use of computer programs not licensed
by the Supplier to the Customer;
for operating staff of the Customer;
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;
or maintenance of accessories, attachments, supplies, consumables
or associated items, whether or not manufactured or distributed
by the Supplier; and
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.
¡V In case on-site attendance is required by the Customer
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.
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.
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.
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.
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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