Please read the following and the Service Agreement carefully. Should you not agree with any of the terms contained please do not proceed with the ordering process. |
In the following ˇ§Programˇ¨ refers to the Dynamic Accounting System, ˇ§Dynamicˇ¨ refers to Dynamic Software Development Limited, ˇ§Userˇ¨ refers to the company which has purchased the Dynamic Accounting System from Dynamic Software Development Limited or from its authorized resellers. |
1. Rights of the User |
1.1 Number of Computers |
1.11 For an installation without Network Feature, the User is permitted to use the Program in ONE computer. |
1.12 For an installation with Network Feature, the User is permitted to use the Program in ONE Local Area Network; and the number of computers to be installed with the Program will be equal to the number of network user licenses purchased. |
| 1.13 The User may reinstall the Program onto another computer or, for an installation with Network Feature, onto another Local Area Network. In this case, the User is responsible for deleting the former installation. |
1.2 Number of Accounts |
| The User is permitted to use the Program for the accounts of any number of companies. |
1.3 Encrypted Name |
1.31 Upon delivery, Dynamic will encrypt a name onto the Install Diskette to be delivered to the User. This name will appear on the first line of every report printed by the Program except on forms used for external purposes such as invoices and financial reports. A list of such forms and reports are available upon request. |
1.32 Requests on changes in this name will not be entertained. |
| 1.4 Entitlement to services |
| 1.41 Each User will be entitled to services pertaining to one set of data for a period of one year. |
1.42 The User is required to complete and return the Data Maintenance Registration Form to Dynamic within two months from the date of purchase stating the set of data for which services will be sought for. |
1.43 Services other than those stated in the Terms and Conditions for Services and services pertaining to accounting data that has not been registered in accordance with Sub-Clause 1.42 above will only be provided on a paid basis. |
2. Functionality of the Program |
| 2.1 Specifications |
| Dynamic will only be responsible for the provision of a program which possesses features that are specified in the Brochure, or information leaflets distributed by Dynamic, or as demonstrated by the Demo version of the Program distributed by Dynamic; and those features stated in authorized quotations issued to the User. To avoid ambiguity, Dynamic will not be responsible for any oral representation of features or services. |
2.2 Tests on Functionality of the program |
In the event of Program irregularities (such as PC hangs or network read/write errors) and disputes have arisen on whether the Program is functioning properly or the computer facilities with which the Program operates are not functioning properly, the final arbitration will be based on tests with industry standard computer facilities of similar settings in Dynamic using the same data used in the premises of the User. |
2.3 Program Upgrades |
2.31 It is at the sole discretion of Dynamic whether or not to add features to the program, and whether or not to charge the User for such additional features. |
2.32 The User has the right not to upgrade to new versions. |
3. Refund |
3.1 Circumstances for Refund |
Refund will not be entertained under any circumstances save and except in the following situation: |
3.11 The Program is proved not to perform in the way as described in Sub-section 2.1 above and the problem that arisesis so substantial as to affect the accuracy of the data; and |
3.12 A written claim having been lodged with Dynamic in the manner described in Sub-clause 3.2 below, and |
3.13 Dynamic having failed to fix the problem found within the two weeks from the date of receipt of the said claim. |
3.14 The said claim is made within one year from the date of invoice. To avoid ambiguity, the date of invoice may or may not be the date of first use by the User. |
3.2 Lodging a Claim for Refund |
| A User intending to claim for refund is required to lodge a claim in writing specifying the problem concerned and showing clearly the symptoms of the problem by way of output from the Program or by way of captured screens. Any such claim shall be sent to Dynamic by registered mail with the words ˇ§CLAIM FOR REFUNDˇ¨ conspicuouslyshown on the envelope. |
| 3.3 Refund of money and return of the Program |
In the event of a successful claim of refund, the amount of refund will be the full amount of the invoiced and received amount on the Program; and the User shall cease to have any rights to use the Program and shall forthwith return to Dynamic the Program diskettes and manuals. |
4. Limits of Liability of Dynamic |
4.1 The User agrees not to claim Dynamic for losses and/or expenses other than for a refund pursuant to Clause 3 above. |
4.2 Under any circumstances the liability of Dynamic whether for breach of contract, negligence or otherwise shall not exceed the invoiced and received amount on the program paid by the User, and Dynamic shall be under no liability for any direct or indirect loss (including loss of profit) and/or expenses suffered by the User or liability to third parties incurred by the User. |