STANDARD TERMS AND CONDITIONS OF SALES
www.eposexperts.co.uk is a trading name of Epos Experts Limited, a company registered in England and Wales with registration number 13815409
Epos Experts STANDARD TERMS AND CONDITIONS OF SALES
SOFTWARE, THIRD PARTY SOFTWARE AND EQUIPMENT
For the purposes of Epos Experts providing the Support Services and during any period of such support.
• the Customer will appoint contact persons as the points of contact through which Epos Experts will co-ordinate support activities for the Customer. Only those contacts have authority to require support and assistance under this Agreement. The Customer shall ensure that the contacts are sufficiently trained in use of the System to enable proper liaison between Epos Experts and the Customer.
• the Customer shall not during any period of Support Services by Epos Experts allow any supported item to be interfered with or modified or added to without the prior written agreement of eposexperts.co.uk
• It is the Customer’s responsibility to operate supported items in accordance with instructions issued by Epos Experts and/or the manufacturer and to retain sufficient trained staff to operate it in a proper manner.
• Epos Experts requires the Customer to have an error-correcting fully operational modem and connectivity at each Site to enable Epos Experts to directly link to any CPU upon which any software covered by this Agreement resides. Epos Experts will re-Charge the call costs monthly in arrears. Epos Experts recommends to the Customer, the use of an uninterruptible power supply (UPS) at each site.
• The Customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. Epos Experts shall not be liable for any loss or damage sustained or incurred by the Customer or any third party through loss or spoiling of data resulting from any maintenance activity by Epos Experts required or performed under this Agreement. Epos Experts will use reasonable endeavours to put right any such loss of data or programs, but reserves the right to charge for such.
• The Customer remains totally responsible to have adequate Virus protection to all parts of the business.
• The Customer accepts that a valid Log number issued by Epos Experts is the only acceptable and recognise method of logging support calls.
• The customer is responsible to secure and keep safe all software and 3rd Party software license media and documentation, Epos Experts have no obligation to keep this information.
THIRD PARTY SOFTWARE
SOFTWARE -LICENCE CONDITIONS, TERM AND TERMINATION.
Subject to sub-clause 7.1 and the other provisions of this Agreement, Epos Experts hereby grants to the Customer a non-exclusive, non-transferable license to use the Software on the CPU listed in the Schedule for up to the maximum number of users and for the Site(s) or WWW set out in the Schedule. The Customer shall not permit any third party to use or have access to the Software or the Documentation supplied therewith Use of the Software and Documentation is restricted to use for the Customer’s own internal purposes, except that.
• the Customer may not reverse engineer, disassemble, translate or in any way decode the Software.
• The Customer undertakes not to modify the whole or any part of the Software in any way whatsoever nor to permit the whole or any part thereof to be combined with or become incorporated in any other programs without Epos Experts prior written consent.
• The Customer may make such copies of the Software as is reasonably necessary for operational security and use. Such copies and the media on which they are stored shall be the property of Epos Experts and/or its licensors and the Customer shall ensure that all media is kept safe.
TITLE AND RISK
PRICING AND PAYMENTS
In respect of the Software Epos Experts may terminate the license to use granted under this Agreement forthwith on given notice to the Customer if:
• the Customer commits any material breach of any term of the license or this Agreement and, in the case of a breach capable of being remedied fails to do so within thirty days after receipt of a request in writing from Epos Experts to remedy the breach; and/or
• The Customer fails to pay the Support Fee which includes the Annual License Fee for Software due under this Agreement.
DESCRIPTION OF SUPPORT SERVICES
Supported software: Epos Experts will use all reasonable endeavours to respond to any request by the Customer within eight working hours of receiving notification of such need from the Customer… Error correction is provided on a reasonable effort basis, and Epos Experts cannot guarantee to correct any error within any given timescale. The Customer shall endeavour to provide written notification and appropriate examples supporting any error found. Major errors that are found in software supported hereunder then Epos Experts will supply any correction of same by first class post on disc or tape (as appropriate). As part of the support service Epos Experts shall provide updates and releases from time to time to the software supported during the term of this Agreement. It is the Customer’s responsibility to install corrections, updates and releases to the software and for ensuring that their staffs have the capability of doing so. Epos Experts shall have the right to make additional charges for services, which are required due to the Customer failing to install such items correctly. Where Epos Experts have to carry out site visits for support, it reserves the right to charge over and above the annual Support Fee. Epos Experts reserve the right not to deal with or to make additional charges for, reported errors in such software which:
• are the result of failure of equipment or other software not covered by this Agreement;
• Faults in mains electrical supplies or operator error;
• Are, or could be reasonably construed as, a lack of knowledge of the software;
• Are caused by air conditioning, humidity or other environmental conditions;
• are caused by the accident, neglect, misuse or default of the Customer or any third party;
• Are due to acts of God, war, acts of Violence or any similar occurrence;
• Result from any attempt by any person, other than Epos Experts, to modify or maintain the software otherwise than in the case of only trained Customer staff carrying out normal System functions;
• are caused by cable or connector malfunctions.
DESCRIPTION OF SUPPORT SERVICES
Supported equipment. Support is provided during the hours set out in 12.1 and on the items listed in the Schedule. On receipt of a telephone request for support for an item, Epos Experts will log the call and endeavour to identify the problem as either an engineering problem or a software problem or a system operating software problem. Epos Experts will, if, appropriate to the problem reported, dispatch an engineer to the Site concerned. Epos Experts will use all reasonable endeavours to ensure that Epos Experts engineer will respond within 8 hours on the CPU, all other equipment will be dealt with on a swap out basis on the next day following receipt of defective goods subject to manufacturer warranty in place. Where the problem encountered relates to a CPU and if the terms of this Agreement provide that temporary replacement equipment will be provided to the Customer the engineer will endeavour to load the hard disc of the CPU, if unaffected, onto a loaned CPU and thus leave the Customer with a working system, but the Customer must appreciate that such may not always be possible. If, on attendance at Site, the engineer believes the Support Fee does not cover the fault, the customer will be advised, and in such event, any corrective activity, spare parts and the cost of the visit itself, shall be charged. The service provided assumes normal use of the equipment and relates to normal wear and tear. Epos Experts reserve the right to make additional charges at its standard rates for the time being in force where its engineers are called out because of faults which:
• are the result of accident, unauthorized transportation, alteration, neglect or misuse;
• Is the result of failure of the Customer to provide and maintain a suitable operating environment as recommended by Epos Experts and/or the manufacturer. Epos Experts shall not be liable for any item, which fails due to manufacturers design or inherent defects.
• nor shall Epos Experts be liable to perform any work, which is in the opinion of Epos Experts impractical to perform owing non-standard use or location.
• Epos Experts shall provide all necessary tools and test equipment, which in the opinion of Epos Experts ‘engineer is required to ensure the operational efficiency of the equipment.
• The Customer shall be responsible for all operating materials and of all consumables, including but not limited to print heads, laser cartridges, ribbons, toners, infuser and developer kits all of which are outside the scope of the Support Fee.
• Epos Experts reserves the right to make additional charges to the Customer to cover all of the cost repairing equipment more than five years of age, in case of touch screens, after three years and one year on report printers.
• providing new or updated versions of operating system, databases or software utilities, for whatever reason
The Support Fee does not include and additional charges shall be made for.
• Repair or support in respect of any data corruption and in respect of software support arising from such data corruption;
• All costs for any calls made to fit supplies;
• As a result of the Customer allowing access by a third party to a supported item where Epos Experts has agreed to perform corrective activities and not to terminate the Agreement and not to delete the item concerned from the list of items being supported.
• Providing new or updated versions of an operating system of an item of Hardware;
• Telephone (modem) transfer of programs and/or data will be charged to the Customer at Epos Experts prevailing rates. Any Site visits carried out by Epos Experts in respect of support outside that covered by the Support Fee are carried out at Epos Experts discretion and may be chargeable at Epos Experts current daily rate for such service together with the reasonable costs of accommodation, travelling time and travelling expenses all of which shall be over and above the Support Fee covered by this Agreement.