General
THIS AGREEMENT is made by and between:
SYSPRO ERP .., a company having its principal place of business located at Surat , Gujarat. (the "FIRST PART"); - and - an individual
("HERE IN AFTER CALLED SECOND PART").
Software Maintenance & Support Agreement
This agreement (“Support Agreement”, “Software Assurance”, “Agreement”) is for the purpose of defining the terms and conditions under which
Technical Support, Maintenance and Software Upgrades will be provided by SYSPRO ERP. (“Vendor”) to the undersigned organization
(“Customer”, “Client”) for the support of Software (“Software”).
Overview
Software Assurance is an annual subscription that includes: Technical Support, Maintenance and Software Updation.
Support Fees
Customer agrees to pay according to the ongoing price of the software per year with tax for each user license. Payment for each renewal
term shall be due within thirty (30) days of the renewal date at the Vendor’s current price for a support agreement.
Payment should be made 100% advance Against Bill.
Payment Made through cheque in favour of "Vendor".
Terms
This agreement shall start on the Effective Date on the payment date. This agreement shall run for a period one (1) year from the Effective Date.
If Client or Customer do not renew their contract within (30) days after expiration, are not eligible for any kind of support such as
Online support, Telephonic Support, Technical Support, etc..
Vendor Responsibilities
Time to time updation of software
Online Support
Vendor is not responsible for Operator's mistake of for Data Corruption
Support will be provided to the Client for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions,
installation and deployment, general questions, end user questions, software administration and best practices procedures.
Vendor will provide support Monday to Saturday from 10:00AM to 7:00PM IST with the exception of Vendor holidays.
Direct call support will be provide to new Customers for 30 days only.
Customer Responsibilities
All support shall be online through broadband internet connectivity.
Offline Support i.e., Telephonic will be provided in such circumtances like Software is experiencing any technical problem during Startup.
Customer is responsible to reimburse "Vendor" for reasonable expenses related to the performance of onsite services. Expenses may include,
but are not limited to, per day charges, travel (including transportation, lodging and associated expenses), and other out¬of¬pocket
expenses reasonably required for performance of services.
Customer is liable to pay extra charges for LAN Computers and Any Add On Features.
Services not included
Maintenance Services do not include any of the following:
Hardware or Operating system support.
Performance tuning and Storage, Backup and Data Recovery/Loss
Software Version Upgrade, any customization, document reports, or any type of report to cater to the special need of the customer.
Warranty
Vendor will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems
where the Software does not function as described in the Software documentation, but Vendor does not guarantee that the problems will be
solved or that any item will be error-free. This agreement is only applicable to Vendor Software running under the certified
environments specified in the release notes for that product. Vendor will provide the Customer with substantially the same level of
service throughout the term of this agreement. Vendor may from time to time, however, discontinue Software products or versions and
stop supporting Software products or versions one year after discontinuance, or otherwise discontinue any support service.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE
AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. VENDOR EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES.
This agreement may be terminated for non-payment or material breach. Fees paid or due are nonrefundable unless. Termination of this agreement
may only be made by a designated person. Upon termination of this Agreement, Service Provider shall have no further obligation to
provide any Services hereunder to Customer.
Intellectual Property
Vendor will retain ownership of all proprietary rights in the Software, including certain rights, if any, that Vendor has pursuant to
license from another party. Upon full payment of the fees set forth in this Agreement, Vendor will grant to Client a non-exclusive
license to use the Software in its own business. Client is not authorized to sell, transfer or license the Software or rights thereto
to any other person or organization.
Arbitration
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the INDIAN COUNCIL OF
ARBITRATION (ICA) in accordance with its relevant industry rules, if any.
Please sign, date and return copy of this Agreement to SYSPRO ERP. via email digital copy to info@galaxyerp.in
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER REPRESENTS TO SYSPRO ERP.
THAT CUSTOMER UNDERSTANDS THOSE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM.
