Terms and Conditions of Social Enterprise Innovations Limited
All orders accepted and Software supplied is subject to the following express terms and conditions. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions and no addition thereto or variation whether contained in the Customer's order or otherwise shall apply unless expressly agreed in writing by the Company's authorised representative. No order shall be binding upon the Company unless accepted in writing by the Company.
"Company" shall mean Social Enterprise Innovations Limited.
"Contract" shall mean the agreement between the Company and the Customer.
"Software" shall mean the application software and materials supplied by the Company under the Contract.
2. Application and Utility Software
Any application software and utility software provided under this Contract, together with all literature and other documentation whatsoever shall at all times remain the property of and vested in the Company or its suppliers where appropriate. The Customer hereby acknowledges the Company's proprietary rights in the said programs and concepts embodied therein, and agrees that the Customer, its employees, representatives, agents, successors and assignees, or any other, shall neither have, nor at any time acquire or attempt to have, access to the said programs; neither shall they amend, expose, reproduce, print out or publish the content of the said programs for any reason whatsoever, except for the conducting of the Customer's business, without the prior written approval of the Company.
(a) Subject to the terms of this Agreement and payment of all applicable fees ("Software License Fee"), the Company grants to Customer a non-exclusive and non-transferable license to install and use the Software solely for the internal business purposes of the Customer. Where the Customer is an entity, its employees, agents and subcontractors shall be covered under this Agreement.
(b) The Customer shall use the Software only in accordance with documentation provided by the Company.
(c) The Company will provide the Customer with upgrades, should there be any, to the Software free of charge within warranty period.
(d) Except where the Software allows the Customer to transfer the license themselves or program reinstallation, additional transfers not requiring an upgrade to the Software will incur a license transfer fee at the HK$2,500 per job. The Customer shall pay a data conversion fee at the current rate, should there be applicable, for converting database to current version of Software.
(e) The Customer may enable multiple users to share the Software via remote access only if the number of users at any one time is equal to or less than the number of valid licenses held for the Software.
4. Service and License Charge and Terms of Payment
Payment – shall be made payable to Social Enterprise Innovations Limited, in Hong Kong Dollars
The payment schedule will be according to the following:
- Quarterly prepayment for monthly service due on signing this agreement.
- Installation Fee,upgrade fee and Software License Fee due on signing this agreement.
5. Training Document and Installation
Training for both the Front Shop and Back-Office systems will be provided to Customer, its employees, representatives, agents, successors and assignees, or any other at the stage of system implementation. Training schedule shall be jointly defined and agreed by the Company and the Customer at the stage of defining the overall project implementation plan. User manual is provided during remote installation and until balance payment has been made in full. Installation shall be performed by the Company within 12 month starting from the date of order confirmation. Customer has an obligation to request for completion of installation; otherwise and in no doubt, be implied the Customer renounces its rights of this contract. No refund shall be allowed and all outstanding amounts will become due.
6. Social Enterprise Innovations Limited reserves the rights to display, disclose, reveal or use the project(s) created on any of Social Enterprise Innovations Limited & its associate(s) websites wherever & whenever published or on any publication or (electronically medium or hard-copy format) as demographics for marketing purpose.
7. In no events shall Social Enterprise Innovations Limited be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss (whether direct or indirect) of revenues, business or profits or any indirect or consequential loss whatsoever.
8. All outstanding balance MUST be settled before the website/system/server published/connected online for production purpose or outside the development environment provide by Social Enterprise Innovations Limited.
9. The quote is subject to Social Enterprise Innovations Limited’s final management approval, and the quote is valid only if signed by both parties.
10. The quotation/invoice/proposal is strictly confidential and must not be disclosed to third party.
11. All payment made is non-refundable.
12. For termination contract need to paid remind contract sum.
13. Social Enterprise Innovations Limited reserves all rights on the explanations on the content of this invoice/quotation/proposal.
14. Once the deposit paid will not be refunded.
15. Client Responsibility
- To supply adequate, accurate, and on-time requirements, information, and materials (text, background music, product graphics, etc.) for project development. Social Enterprise Innovations Limited bears no responsibility for providing and composing any informative content for the project and other related web materials.
- Appoint one authorized focal point for this project that will act on behalf of the client to make decisions and approve the deliverables submitted by Social Enterprise Innovations Limited.
- Develop the acceptance test plan with Social Enterprise Innovations Limited for review in accordance to the test plan specification.
- All approval of the layout, database, prototype, and program design should be signed by the client with profound consideration. Amendments for those approved designs will cost redevelopment fee which will be charged by $1,000 per man day, to client as compensation of extra workloads.
16. Service Day & Hours
- Office hour(Standard) : Monday to Friday : 09:00 to 17:30, excluding Saturday and public holiday
- Non-office hour : Monday to Friday : 18:01 to 23:59 excluding Saturday and public holiday
- Holiday : Saturday and public holiday, Lunar New Year
17. Standard Service Response (Office hour support)
- Remedial on-site case support: next business day will be provide within metropolitan area in Hong Kong.
18. Special Service Response (Non-office hour support)
- Remedial on-site case support: within 4 office hours or same day will be provide within metropolitan area.
- Extra $800.00/ man hours
19. Holiday Service Response (Saturday, Bank and Public Holiday)
- Extra $800.00/ man hours
20. Validity : 14 days from the date of the quotation/proposal.
21. All tasks/projects stated in this contract shall start within 1 month from signed date by both parties, otherwise this contract will become invalid.
22. Supply of Materials
- The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photos, text or written copy, logos, and other content for the website. All content is to be provided by the client should be submitted within two months of the invoice signed date. If all content is not received by then, the project is deemed cancelled. The client has liability to settle the final payment in 30 days when the contract is terminated. If all content is not received by then, 10% of project extension fee will be charged per month.
23. Ownership of Copyright
- Social Enterprise Innovations Limited acknowledges and agrees that the client retains all rights to copyright in the subject material once Social Enterprise Innovations Limited receives full payment for the project.
- Social Enterprise Innovations Limited will NOT be liable for any project delay, program errors, misstatements or misrepresentations (whether express or implied) and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage).