Terms and Condition
- Category: Company_info
- Published: Friday, 01 December 2017 01:35
- Written by Super User
- Hits: 3309
This Agreement is made between The Company (Luxea, Inc.) and the User , for the provision of software support and maintenance on The Software.
The maintenance service is available only to the extent that:
(i) The Software is used in the form in which it was supplied and /or updated and/or upgraded by the
(ii) The Software is and has been at all times used in a proper manner and in accordance with the
instructions and manuals supplied by the Company;
(iii) The Software has not been altered, modified or tampered with by the User without the Company s
(iv) The Maintenance Fee has been paid for the current unexpired period.
Provided the Maintenance Fee has been paid to the Company to date, the Company undertakes with
The User it will for the duration of this agreement:
(a) Make available to the User from time to time all new releases of the Software which are logical
extensions or modifications of the Software with all major enhancements and changes of the
Software being offered at the standard release rates applying.
(b) The Company reserves the right to make Software enhancements available solely as new
chargeable product where in the Company’s reasonable opinion the existing Software would
require a substantial re-write and the Company will offer the new chargeable product to the User,
at announced standard price minus the current annual Maintenance Fee paid.
(e) Provide advice and guidance on the use of the Software or for problem resolution (viz Section 3
Problem Management) by telephone and email access to the Company’s support staff (between the
Hours of 0900 and 1730 PST) Monday through to Friday excluding US public holidays.
3. Problem Management
the problem has been caused by an error or defect in the Software) where the User has performed his
own problem determination procedures which provide to the Company a description of the detailed
circumstances in which the problem occurs, a detailed description of the effects of the problem,
providing sample data, system and program messages, and screen, file or history print-outs where
(b) The Company will make its best endeavors to provide such response within 48 hours of
receipt of a problem report.
(c) The Company will provide corrections where the problem results from an error in the Software
and where a circumvention is not possible.
(d) It is the User’s responsibility to make prudent provision for regular system house-keeping and file
back-up and to set up reasonable contingency procedures to mitigate the effects of any error or
(e) On-site support, if requested by the User will be provided by the Company, and will be charged at
the Company s then standard rates.
(f) The User shall maintain a written maintenance log and record each incident relating to the
Software, the date, time and explanation.
4. Maintenance Fee
The User undertakes with the Company it will pay:
(i) The Maintenance Fee annually in advance on the Commencement Date;
(ii) Time and materials invoices calculated on the basis of the Company’s current standard
rates submitted without deduction at the end of the month following the month of submission of
(iv) The Company reserves the right to vary the Annual Maintenance fee and will give the
User 120 days prior written notice of any variation. The User shall have the right at any
time during such 120 day period to terminate this Agreement by giving 30 days notice in
(v) The Company shall be entitled to suspend performance of its obligations hereunder at any
time while the Maintenance Fee or charges are due but unpaid.
5. Term and Termination
(1) If the User breaks any of the terms of this agreement and does not remedy them within 30 days
notice in writing given by the Company, or if the User enters into liquidation or has a receiver
appointed, the Company will be entitled to terminate the rights granted by this agreement by notice
(2) If the Company breaks any of the terms of the agreement and does not remedy them within 30
days after notice in writing the User will be entitled to terminate the rights granted by this
agreement by notice in writing. Save only that a bona fide failure by the Company to provide
corrections pursuant to 3(c) above by reason of any event, including but not limited to an event of
Force Majeure shall not be deemed a default.
6. Governing Law
This agreement shall be governed in all respects by the laws of the State of California.
The failure by either party to require strict performance by the other of any of the provisions of this
agreement shall not waive or diminish the rights of that party under this agreement.