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 “Program” refers to the Dynamic Accounting System, “Dynamic” refers to Dynamic Software Development Limited, “Customer” refers to the company which has purchased the Dynamic Accounting System from Dynamic Software Development Limited or from its authorized resellers, “Invoices” refers to the effective invoices and returns issued by Dynamic Software Development Ltd. 1. Rights of the Customer 1.1 Standard Users 1.11 Standard Users may operate on any features of the Program. 1.12 The Customer may setup a number of active Standard Users not exceeding the number specified in the Invoices. 1.13 Standard Users may login in from any locations within the region specified in the Invoices (i.e., China, HK, Macau or other specified region) and use the Program there. 1.14 Other than specified in the Invoices, Standard Users may only login from an IP (Internet Protocol) Address that is located in the specified region. 1.2 View Users 1.21 View Users refer to those users who will use Web or a mobile device to view transactions, customers, vendors, products, employees; to print reports, and to input messages pertaining to customers and vendors (the “View Functions”). View Users may not setup data or input transactions. Other than the above named View Functions, Dynamic has the final say on whether a function is released to a View User. 1.22 The Customer may setup a number of active View Users not exceeding the number specified in the Invoices. 1.23 View Users may login in from any IP and use the Program there. 1.3 Pure Shop Users (Applicable only if the POS Module has been purchased) 1.31 Pure Shop Users may operate all functions of the Desktop Front End POS stations. 1.32 Pure Shop Users may not use the main Intranet and the Shop Intranet. 1.33 The Customer may setup any number of Pure Shop Users. 1.34 Standard Users may operate all functions that the Pure Shop Users may operate and in addition may operate all Functions of the Shop Intranet. 1.35 View Users may operate all functions that the Pure Shop Users may operate and in addition may operate the View Functions of the Shop Intranet. 1.4 Pure Staff Users
1.41 Pure Staff Users refers to those who may operate on the Web or Mobile functions to send and receive intranet messages and/or information related to their own leave management. If Apply Leave Module has been purchased, Pure Staff Users may also use the Program to approve/disapprove leave applications.
1.42 The Customer may setup a number of active Pure Staff Users not exceeding the number specified in the Invoices.
1.43 Standard Users and View Users may operate all functions that Pure Staff Users may operate. 1.5 Data Set
1.51 Except otherwise specified in the Invoices, the Program only connects to one set of data. 1.6 Servers
1.61 The SQL server may be installed in a local or in a foreign site.
1.62 The Web servers may be installed in a local or in a foreign site.
1.63 A Web server and the SQL server may be installed in the same computer or in different computers. 1.7 Encrypted Name
1.71 Upon delivery, Dynamic will encrypt a name onto the Install Diskette to be delivered to the Customer. 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.
1.72 Requests on changes in this name will not be entertained.
1.8 Entitlement to services
1.81 Each Customer will be entitled to services pertaining to one set of data for a period of one year. 1.82 The Customer 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. 1.83 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 1.82 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 Customer. 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 Customer. 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 Customer for such additional features.
2.32 The Customer has the right not to upgrade to new versions. 3. Refund 3.1 Circumstances for R efund 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 arises is 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 Customer. 3.2 Lodging a Claim for Refund A Customer 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 “CLAIM FOR REFUND” conspicuously shown 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 Customer 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 Customer 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 Customer, and Dynamic shall be under no liability for any direct or indirect loss (including loss of profit) and/or expenses suffered by the Customer or liability to third parties incurred by the Customer.