We are committed to offering our customers the best levels of service and support. The agreement below sets out clearly the terms and conditions under which we will provide our 'Care Pack' support to you.
Software Care Pack: Terms and Conditions
This agreement sets out the terms and conditions under which The EPOS Bureau Ltd (hereafter referred to as The EPOS Bureau) will provide you with software care.
1. Meaning of terms used.
"Eureka Software" refers to all software packages wholly owned by The EPOS Bureau and distributed to you by The EPOS Bureau or its appointed agents.
"Eureka Data" refers to the operational retail and transactional data that forms the Eureka system and which resides in the database directly linked to the Eureka Software including, but not limited to: sales, purchases and customer information.
"Renewal date" means the first date after the expiry of your Support Agreement or the date of Invoice for your subscription if no previous Agreement is held or if Agreement has lapsed.
"Updates" refers to software solutions provided by The EPOS Bureau to fix known bugs and problems with the operation of Eureka Software. This also refers to software improvements and additions to the existing functionality of Eureka Software that The EPOS Bureau shall release to subscribers at times determined solely by The EPOS Bureau. The word "Updates" does not include new major versions upgrades of Eureka Software, i.e. version 5.0, 6.0+, which shall not be included within the terms of the Agreement.
"Functional Update" refers to software provided by The EPOS Bureau to add additional software features and functionality to your system within the context of your current major software version.
"Support Hours" Means 8.30 am to 6.00 pm Monday through Friday, 9.00am to 5.00pm Saturday and Engineer 'call-back' on Sunday between 10.00am and 4.00pm excluding, but not limited to, all public Bank holidays in the UK. & Northern Ireland.
"you", "your" and "yours" refers to the company or business that contracts with The EPOS Bureau for this Agreement.
2. Our commitment to you.
The EPOS Bureau will provide support to help resolve your problems with Eureka Software with a reasonable duty of care according to the services offered for your Software Care Pack providing that you have a valid Agreement.
The EPOS Bureau will provide technical support by telephone, email and online during Support Hours and shall make reasonable effort to respond to your first call for support within the same day not making any guarantee that your problem will be resolved in a given period of time.
The EPOS Bureau does not guarantee uninterrupted service in response to your call for support.
When possible, The EPOS Bureau shall correct all problems associated with the functioning of Eureka Software except, but not limited to a situation, where operational failure is caused wholly or in part by third-party software or influence. Neither will The EPOS Bureau be responsible if the problem is due to user misuse or failure to implement the software correctly, or where re-installation of operating systems is necessary, or Hardware or Network related problems, or Third-party influence or software problems cause interference with the functioning of Eureka Software. The third party software referred to includes but is not limited to, Viruses, Trojans and Spyware.
3. Your Responsibility to The EPOS Bureau.
You shall pay all subscriptions fees as invoiced under this Agreement within thirty (30) days of the Invoice date.
You shall ensure that the software is properly maintained and used only on computer hardware for which it has been licensed. Any machines found to contain versions of Eureka Software which have not been licensed will be immediately subject to the fee applicable for the Eureka Software at that time.
You shall be responsible for backing up the Eureka Data and keep copies of backups in rotation taken at regular frequency and of a minimum of once every week to enable The EPOS Bureau to recover database information without undue loss of data and inconvenience to your business.
You shall allow The EPOS Bureau full access to the computer system at all reasonable times.
You agree to ensure that all dealings with all members of The EPOS Bureau staff, during the course of the provision of support services, are to be conducted in a courteous and polite manner. Abuse or harassment will not be tolerated and will result in suspension of your support services.
You accept to prohibit anyone other than The EPOS Bureau or its appointed agents from amending or changing the Eureka Software or amending the Eureka Data in any way. Failure to do this will invalidate the support you are entitled to under the terms of this agreement.
You shall notify The EPOS Bureau of any problem, defect or malfunction of the software within five (5) days of the problem first occurring.
4. Scope of Support provided.
Your Care Pack shall be an inclusive agreement for a complete twelve month period for all users of Eureka and any associated software additions, including but not limited to, Fare Enough, Eureka Reporter and Eureka Labeller. This contract is renewed automatically on an annual basis.
The EPOS Bureau will use commercially reasonable efforts to provide annual support as aforementioned in Section 2 and will send Updates where necessary to resolve problems associated with the functionality of your Eureka Software.
The EPOS Bureau will provide if available and by prior arrangement, one annual 'functional update' to your installed software. The engineering work associated with this being provided free of charge. Work will be scheduled in advance for a mutually suitable date/time. Any & all additional upgrades requested by you to your system will be subject to normal engineering rates.
Limitations of Support apply as follows:
Support is only for the Eureka Software products covered by this Agreement. The period of Support is limited to the period stated in the Agreement. The support does not cover situations where you do not meet the specifications for the proper running of the software. This support agreement does not cover any software that is not provided by The EPOS Bureau and does not cover computer or weighing scale hardware.
The support does not include on-site training, administration of systems, scripting, programming, database design, web development, network design or setup or configuration.
5. Termination of Agreement.
The EPOS Bureau may terminate this Agreement by giving thirty (30) days' notice in writing. In such case, you will be entitled to a refund pro-rata for any unearned support fees that you have paid.
You may terminate this Agreement by giving not less than thirty (30) days' notice in writing prior to the end of your annual renewal date.
You accept that any agreement terminated by you part-way through the annual 12-month term will be subject to an administration fee of one hundred (100) pounds to cover closing off your account and updating our systems across the business.
You agree that The EPOS Bureau shall have the right to terminate this Agreement immediately and without refund if you persistently breach your obligations to The EPOS Bureau under this Agreement, or you fail to pay the amount due for the Support you have subscribed to within the prescribed seven (7) days of the Renewal Date, or you are unable to pay your debts, become insolvent, bankrupt or cease to trade under the name of business in which this Agreement is made.
Termination of the Agreement shall be without any prejudice to any rights or claims that The EPOS Bureau may have against you at the time of the termination.
6. General Notices.
Limitation of Liability.
You agree that The EPOS Bureau's liability for damages, regardless of the form of action, will not exceed the total amount paid to The EPOS Bureau by you for the Support services limited to the current year of support. In no event will The EPOS Bureau be liable for special, indirect or consequential damages even if The EPOS Bureau has been advised of the possibility of such damages, including, without limitation, damages for loss of profit, reputation, loss of data, costs of procurement of substitute goods or services, loss of equipment or facilities, or interruption of business arising in any way from this Support Agreement or the use of the Eureka Software.
Delivery of any Software Support service to you by The EPOS Bureau is subject to conditions beyond the control of The EPOS Bureau or its agents, including but not limited to Acts of God, acts of any public enemy, fire, flood, epidemic or quarantine restrictions, strikes, riots or civil commotion, freight or other embargoes, weather conditions or any failures by subcontractors or suppliers of The EPOS Bureau.
The waiver by either The EPOS Bureau or you of a breach or default of any of the Support Terms by the other shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either The EPOS Bureau or you to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other.
Warranties and Disclaimer.
The EPOS Bureau will use reasonable commercial efforts to provide the services under this Agreement in a professional manner, but The EPOS Bureau does not warrant that it will be able to answer all of your questions about the applicable products as used by you for your business or personal purposes, or that The EPOS Bureau will be able to suggest solutions or workarounds for all difficulties or errors encountered by you.
This Agreement is between you and The EPOS Bureau and may not be assigned, subcontracted, licensed or changed by you without the prior consent of The EPOS Bureau in writing.
This contract shall be governed by and construed in accordance with the laws of Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this contract and any matter arising from it.
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