MAINTENANCE - Terms and Conditions
General Terms and Conditions
1. Our Company reserves the rights to amend the charges and terms and conditions (including but not limited to designated destinations and designated networks, their coverage, system compatibility and other relevant conditions of the designated networks) of The Service and to suspend or terminate any part of The Service at any time without prior notice. E-Go shall have the final decision in case of any dispute.
2. Warranty extension of Handset excludes batteries (Applicable to purchased items only)
3. Corporate clients are required to provide a copy of Business Registration Certificate.
Repair Services Terms & Conditions Terms and Conditions for Repair Services / Software Upgrade / Replacement / Loan Mobile Telephone / Accessory It is hereby agreed by and between the Customer and E-Go Mobility Limited ("the Company") as follows:
4. The Company will at its sole discretion repair or replace any defective mobile telephone or accessory item or any part thereof. In order not to lose any data stored in the mobile telephone, it is recommended the Customer to make a back-up copy of his / her settings before the mobile telephone is being repaired or replaced.
5. The Company will not repair any defective mobile telephone or accessory item or any part thereof (i) caused by undue wear and tear; or (ii) due to negligence, omission or mishandling of the mobile telephone or accessory item; or (iii) due to alteration or repair made without authorization of the Company; or (iv) if the SIM lock has already been altered or tampered by other unauthorized person(s); or (v) if the Customer fails to provide the invoice for the purchase of the mobile telephone. The Company will not provide repair service and the warranty of the mobile telephone will immediately be void. Any repair request will be subject to a payment in advance of an inspection and testing fee, in addition to any charges for parts and labour. (Applicable to purchased items only)
6. In the event that the Company decides to replace the defective mobile telephone or accessory item or any component thereof, the Company shall notify the Customer of the costs of the replacement and seek the Customer's consent of the proposed replacement. With the consent of the Customer, the Company shall replace the defective mobile telephone or accessory item or any component thereof and such defective mobile telephone or accessory item or component shall become the property of the Company who has the sole right to dispose of such items. The company makes no warranties, express or implied that the replaced mobile telephone or accessory item or part thereof is new, of merchantable quality or for use and fit for a particular purpose.
7. The Company may loan a mobile telephone or accessory item free of charge to the Customer during the period when the Company is repairing the Customer's defective mobile telephone or accessory item. The Customer acknowledges the mobile telephone or accessory item on loan to the Customer remains the sole and exclusive property of the Company and the Customer has no right, title the interest thereto.
8. During the loan period, the Customer shall (i) cause the mobile telephone or accessory item to be used and operated in a proper manner; or (ii) not at any time or under any circumstances alter or tamper with the equipment nor attempt to repair nor permit to be repaired the same or any parts thereof; or (iii) return the mobile telephone or accessory item upon the Company's demand (whether oral or written) in the same condition as when delivered to the Customer; or (iv) indemnify the Company against loss of or damage to the mobile telephone or accessory item or any part thereof from whatever cause whether or not such loss or damage results from the negligence of the Customer.
9. In order not to lose any data in the on loan mobile telephone, the Customer has to make a back-up copy of his / her settings before return of the on loan mobile telephone.
10. The Company reserves the right to dispose of the Customer's mobile telephone or accessory item at is sole discretion has been repaired by the Company if the Customer fails to: (i) present the attached order; or (ii) return the mobile telephone or accessory item on loan to the Customer within 90 days after the Company has issued notice for the return of the on loan mobile telephone or accessory item; or (iii) collect the repaired mobile telephone or accessory item within 90 days after the Company has issued notice for the collection of the item. (Applicable to purchased items only)
11. The Company reserves the right to charge a rental fee if the Customer fails to return the mobile telephone or accessory item on loan to the Customer after (i) the expiry of the on-loan period; or (ii) the Company has issued notice for the return of the on loan mobile telephone or accessory item. The amount of rental fee shall be determined by the Company at it sole discretion.
12. The Customer agrees to pay the charges in respect of the repair services / replacement of the mobile telephone or accessory item. (Applicable to purchased items only)
13. Our Company disclaims any responsibility for any damage to the handset during the process of handset resetting or software upgrade.
14. Upon completion of the repairing service, the mobile telephone or accessory item may be restored to such original configurations / specifications, manufacturing design and standard and the system software may be upgraded to the latest version. Customer hereby acknowledges his/her understanding that he/she is not entitled to request to keep the versions of the system software existing before the repair service or request to restore the system software to the previously installed version upon completion of the repair service.
15. For mobile telephone or accessory item with invisible defects, if customers request to take back their mobile telephone or accessory item after inspection and repair quotation is made, the Company may not be able to restore the handsets back to the original status (including product frame and function).
16. All spare parts changed in mobile telephone or accessory item serviced by the Company shall be covered by one month warranty services counting from the date when the repairs are completed (Applicable to purchased items only)
17. The Company shall not be liable for any direct or indirect loss of any repair failure or delay, sustained by the Customer or any person, arising from or relating to equipment failure, staff mistakes, negligence or other actions.
18. The Company is not responsible for any damage to any part of handset cosmetic / protector during repair or / after handset replacement.
19. If the mobile telephone cannot power on or IMEI / serial no. cannot be loaded, Customer agrees to the Company sending the mobile telephone to Manufacturers Supply Company for inspection.
Hardware Yearly Maintenance
• E-Go/E-Go’s supplier does not responsible for 2nd year maintenance of the hardware (e.g sensor, i.e.). If the hardware happened any abnormal status, we could issue a special quotation after on-site inspection.
1. Sensor includes 12-months carry in warranty
2. Sensor physical installation is not included.
3. Delivery Schedule: 4 – 8 weeks upon Official Purchase Order received.
4. Payment Terms: Net 14 days.
5. No cancellation is allowed upon order confirmation.
6. This quotation is valid for 30 days.
7. This quotation is governed by attached E-Go/E-Go’s supplier Standard Business Terms.
Schedule 1 – Project Assumptions
1. Data hosted in E-Go/E-Go’s supplier cloud server.
2. Chrome Browser will be used for web modules management.
3. Wireless performance varies and E-Go/E-Go’s supplier does not guarantee adequate performance, regardless of the signal strength and quality. An adequate connection depends on many different factors including proximity to the cell site or base station, base station load, physical barriers (mountains, buildings, concrete & cement, glass, metal, etc.), moving objects (trains, buses, trucks, cars, etc.), competing signals and weather, etc. Any of these factors may lead to connectivity interruption and packet loss.
Disclaimer
The information presented by E-Go/E-Go’s supplier is based on E-Go/E-Go’s supplier’s experiences and compiled to the best of E-Go/E-Go’s supplier’s knowledge. Although care has been taken in compiling the information, E-Go/E-Go’s supplier does not assume liability for its completeness or accuracy.
The information, recommendations and examples presented on this solution do not absolve you from the obligation of investigating the possibility of infringement of third parties’ rights and, if necessary, clarifying the position.
The information is provided by E-Go/E-Go’s supplier "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose of the information or the products or both, are disclaimed. Except for willful acts and to the maximum extent permitted by applicable law, in no event shall E-Go/E-Go’s supplier be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, procurement of substitute goods or services, claims of intellectual property infringement, or loss of use, data, or profits, or business interruption, or harmful effects to people, objects, animals, or physical entities, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the information or the products or both, even if advised of the possibility of such damage.
Schedule 2 – Maintenance and Support Services
Software Maintenance
1. E-Go/E-Go’s supplier shall provide maintenance and support services for the software system provided by E-Go/E-Go’s supplier under warranty services or active maintenance service contract. (hereinafter “Software Support Services”)
Software Support Services
2. The following support services will be included in Software Support Services:
a. Bug fixing of the software system
b. Provision of help/answer to simple questions on the use of the software system over telephone
c. Dispatch qualified service engineer(s) to provide on-site service
d. Updating software system documentations according to maintenance changes to the software system
e. Supported languages are in Cantonese and English
Exclusions and Clarifications
3. Software Support Services do not cover:
any part or parts of the software system that have been modified by any party other than E-Go/E-Go’s supplier;
problems not otherwise caused by the software system;
enhancements of software system functions and features;
problems not related to the software system, including, but not limited to;
a. Problem fixing of other systems or products not developed by E-Go/E-Go’s supplier including the operating system, web server and database, and;
b. Problems relating to the failure and/or malfunction of the network and/or hardware;
c. Problems relating to the networking service provider.
4. Re-installation of E-Go/E-Go’s supplier software system is not included due to a change, replacement or upgrade of associated software and/or hardware in part or in full.
Procedures and Standards
5. Method of Services:
Primary Channel: Email, telephone and/or fax
Secondary Channel: On-site assistance
6. All support service must be requested by the Designated Staff to be appointed by the Client during the Service Period (“Request”). The Designated Staff shall provide necessary support to E-Go/E-Go’s supplier in problem diagnosis in order to identify the root cause promptly.
7. Client shall originate Request to E-Go/E-Go’s supplier via facsimile or electronic mail or call the support hotline. E-Go/E-Go’s supplier will provide a hotline number and a support mail account to Client at the commencement of the Service Period.
8. Upon receipt of the Request, E-Go/E-Go’s supplier shall coordinate with the Client to determine the severity of the incident and the resolution. E-Go/E-Go’s supplier shall provide updates to the Client on the progress of the resolution.
9. E-Go/E-Go’s supplier shall submit incident report within 2 working days upon completion of the Request.
10. Client shall perform tests to verify the resolution provided by E-Go/E-Go’s supplier.
11. Client shall confirm closure of the Request by signing off incident report within 5 working days after incident report submission. For the avoidance of doubt, the Request will be automatically closed if there is no further issues raised by Client within 5 working days after incident report submission regardless if the incident report is signed off or not.
12. E-Go/E-Go’s supplier will provide on-site support services at the Client site upon request made by the Client from time to time during the Service Period. For problems identified to be irrelevant to the deliverables of E-Go/E-Go’s supplier, E-Go/E-Go’s supplier shall charge for the on-site support services with the following scheme:
Billing will be made by the actual number of hours spent on-site on hourly increments. A minimum of two (2) hours shall be charged for every on-site visit at the following hourly rates:
a. At HK$500 during the E-Go/E-Go’s supplier Office Hours as stated in Clause 15;
b. At HK$1,000 outside the E-Go/E-Go’s supplier Office Hours as stated in Clause 15.
13. Notwithstanding the generality of the foregoing, E-Go/E-Go’s supplier shall render advice in terms of identifying to the Client the problem origin.
14. E-Go/E-Go’s supplier shall provide a monthly summary report on the support requests.
Service Level Details
15. E-Go/E-Go’s supplier Office Hours: 09:00 – 18:00 on Monday to Friday, excluding Saturday, Sunday and public holidays.
16. Support Service Level:
• Once E-Go/E-Go’s supplier has received the Request from the Client, E-Go/E-Go’s supplier will assess the severity of the incident and in turn the level of response to be made to the Client. E-Go/E-Go’s supplier has accordingly identified the following THREE severity levels and the corresponding levels of response from E-Go/E-Go’s supplier.
a. High Severity – if the developed application is unavailable as a result of which the Client could not conduct and/or carry on the business owing to continual interruptions or malfunctioning of the developed application. Response shall be made by E-Go/E-Go’s supplier with a proposed action within 4 working hours.
b. Medium Severity- if there is an irritating problem of the developed application that causes a minimal impact on the Client’s normal business operation or if there is an interruption to minor application services which has a workaround for the recovery of the developed application. Response shall be made by E-Go/E-Go’s supplier with a proposed action within 8 working hours.
c. Low Severity – if there is an irritating problem of the developed application that has no impact on the Client’s normal business operation or if there is not any general operation question on the application. Response shall be made by E-Go/E-Go’s supplier with a proposed action within 2 working days.
• No services will be provided when the Black Rainstorm Warning or Typhoon Signal no. 8 or above is hoisted. The response time as described above will resume in two hours after the Black Rainstorm Warning or Typhoon Signal no. 8 is lifted.
• E-Go/E-Go’s supplier shall use reasonable efforts to meet the response time under the provision of this clause.