Software License: The software is only licensed to be used by the Client for its internal business.
The client does not have ownership of the source code and the Client is only licensed to use the system provided. It is also a violation of this agreement if the system is used for another purpose. The system can’t be transferred or sold to anyone or any other business.
Package Upgrade: if the client request to change the TECH BYTE POS package or request to renew the package, the client wants to inform before 2 weeks and they can choose that particular period current package range
Term
This contract will be for a term of how long they choose the package from the installation date. This contract will automatically extend for successive terms.
Payment: Additional expenses are billable for the site visits.
Software Support
TECH BYTE POS provides free call support via the TECH BYTE POS Help Desk from 8.30 am to 9.00 pm on weekdays. This service provides the ability for all levels of the support agreement to access help for their business regardless of the time of day or issue. The TECH BYTE POS Software Support agreement is the insurance policy for your mission-critical Point of Sale system.
Software Upgrades
TECH BYTE POS continues to develop and maintain the TECH BYTE POS software applications via the development team. TECH BYTE POS upgrades ensure the investment in a TECH BYTE POS system is future-proofed and continues to evolve and the client’s business evolves and grows. As part of the Maintenance & Support Agreement, all upgrades are provided free.
Database Security & Backup
The TECH BYTE POS Databases store all of your stock and sales data in the cloud. And the automatic backup has been performed on the everyday end.
Liability: The Provider will endeavor to provide high-quality services and a high-quality product. However, the Provider is not, and will not be responsible for any consequential or incidental damages resulting from any interruptions of service, data loss (including transactions lost).
Although the Provider will endeavor to safeguard any data provided by the Client, the Client agrees that the Client is responsible for safeguarding its data, including maintaining backup data sets. Day-to-day data backup is the Client’s responsibility and Provider is not and cannot be liable for data loss due to poor or nonexistent or insufficient backup or any other issues associated and/or caused by Client’s day-to-day backup.
In no event will the Provider be liable for lost or damaged data, loss of business, anticipatory profits, or any other consequential or incidental damages resulting from the Client’s use or operation of the services or the maintenance thereof. Client agrees that Provider’s total aggregate liability shall not exceed fees paid to Provider by Client for the products and/or services involved.
Notwithstanding the above, the provider agrees to defend, indemnify and hold harmless the Client, the Client, its successors and assigns, and respective directors, officers, employees, agents, and representatives of the Client from injuries, damages, and loss, including costs and attorneys’ fees, arising from the negligent acts and omissions of its employees, officers, and agents under this Agreement.
Confidentiality: The Provider, its employees, sub-Contractors, and their employees shall maintain the confidentiality of all information provided by the Client or acquired by the Provider in the performance of this Agreement, except upon an order entered by a court after having acquired jurisdiction over the Client.
End-User Responsibility
The End User is only licensed for the software at the site it is specifically sold to and the end-user does not acquire any proprietary rights to the software. The software is not transferable to another end-user or site. The End User must provide a system administrator as the single point of contact for TECH BYTE POS support.
Termination: Either party may terminate this Agreement by giving thirty (30) days’ notice in writing. Upon termination of this Agreement, the Service Provider may immediately cease providing Services to the Client, and neither party shall have any further obligation to the other under the Agreement, provided that neither party shall be relieved from any obligations or liabilities arising under the Agreement prior to its termination,
In the event of client terminates the agreement, the Client is not eligible for a refund of the fees paid to the Provider.
If the agreement is terminated due to failure of payment by the client, the Client wants to pay the previous pending payments
Agreement: This Agreement is the complete agreement between the parties and replaces any prior oral or written communications between the parties. There are no conditions, understandings, agreements, or representations that are not specified herein.
Please be aware that, as per our terms, we may charge you an additional 10% Charges on payment received more than 30 days past its due date.
Acceptance of Support and Maintenance Agreement
The customer requests that TECH BYTE POS provide the POS Package maintenance and support agreement for the agreed Payment. As an officer of the above customer, I have read and agreed to the terms outlined in the maintenance and support agreement.
