Support Service Policy
Software Maintenance & Remote Technical Support Agreement
To make sure that you always work with the latest version of our programs and have the latest features available, we recommend that you take advantage of our Software Maintenance & Remote Technical Support Agreement (“Agreement”). The Agreement is finalized as soon as we receive your payment for Services and you have been invoiced from ACE POS Solutions Ltd. for the Technical Support Services below.
These Terms below shall apply to all Software Licenses and Services supplied by ACE POS Solutions Ltd. to the Licensee. In the event of any ambiguity between these terms and the provisions of the Software License Agreement, the terms of the Software License Agreement shall apply.
From the date of delivery of software for a new Licensee or renewal of a Software Maintenance & Remote Technical Support Agreement (the “Maintenance Term”), ACE POS Solutions Ltd. will supply the services described in the Scope of Software Maintenance & Remote Technical Support Services section below (“Services”) to the Licensee with respect to the software products (“Products”) for which ACE POS Solutions Ltd. has granted a license to the Licensee pursuant to a software license agreement (the “Software License Agreement”) by and between ACE POS Solutions Ltd. and the Licensee. The duration of the Maintenance Term will be specified on your Support Service Agreement and may be renewed. The Licensee will be invoiced for Services annually in advance or monthly (at the full premium price). The Maintenance Term shall be renewed once payment for the renewed Maintenance Term is received by ACE POS Solutions Ltd. The renewed Maintenance Term shall commence upon the day following expiry of the expired Maintenance Term. To continue to receive Services and Support-Related Add-Ons (e.g. Add-On Phone Calls) you must have in effect a valid Software Support Agreement.
Scope of Software Maintenance & Remote Technical Support Services
During the Maintenance Term:
The Licensee agrees to designate two persons, one of whom shall be the primary and the other of whom shall be the backup respecting your communications with ACE POS Solutions Ltd. relating to the Services under this agreement. Such persons shall be the only person(s) who ACE POS Solutions Ltd. is obligated to communicate with under this Agreement. The Licensee shall notify ACE POS Solutions Ltd. in writing by email of the names, email addresses and telephone numbers of the contact persons. ACE POS Solutions Ltd.’s email address for all administrative notifications is email@example.com.
ACE POS Solutions Ltd. will use commercially reasonable efforts to remotely assist the Licensee to resolve problems in its use of Products as described in the General Terms above. During any situation in which you request the assistance of an ACE POS Solutions Ltd. technical support representative through a remote connection to your computer, you will need to accept our Remote Access Disclaimer to affirm your legal consent for us to do so. Customers or resellers outside of Canada and the US are supported via VoIP or Skype for phone support. ACE POS Solutions Ltd. makes no guarantee that it can, or will, solve any problems with respect to the Products presented by the Licensee, and further disclaims any warranties above and beyond any limited warranties expressly covered by the Software License Agreement.
ACE POS Solutions Ltd. will provide the Licensee with Maintenance Updates, which, in ACE POS Solutions Ltd.’s sole determination, correct application problems that are reasonably likely to prevent substantially full utilization of Product(s). ACE POS Solutions Ltd. will offer Services for a limited number of Update releases of Product(s). ACE POS Solutions Ltd. will also offer Services for the release of Product(s) immediately preceding the then-current release for not less than thirty-six (36) months from the date of such release.
Maintenance Updates are provided via electronic delivery and covers:
Program changes within a program level of the software program to a different version of the program.
The ability to access new component data, i.e. updated data records for the software program.
Responding to general questions regarding delivery, serial numbers and activation of software program/s and updates, as well as the ability to access component data.
Maintenance Updates are delivered via activation by technical support representatives. ACE POS Solutions Ltd. may make the updates available in a network and notify the customer of the serial number required for activation.
The Services do not cover:
The purchase of upgrades or additional modules.
The installation of updates, upgrades, additional modules or any new software licenses.
The installation, training or technical support on the use of any integrated or non-integrated third-party software (e.g. Microsoft Windows, Anti-Virus Software, Simply Accounting, Peachtree Accounting, QuickBooks, Sage50, etc.)
Any hardware support aside from initial set-up and configuration of POS equipment and / or peripherals supplied by ACE POS Solutions Ltd.
The removal of defects to the software programs outside of accepted defect claims.
Special training or consulting with respect to use of the software program/s beyond standard commercial usage.
The Licensee is responsible for its (i) hardware, (ii) operating systems, (iii) network setup, (iv) network maintenance and (v) setup and use of any file access control systems. You are solely responsible for the data and content stored using the Product(s) and ensuring that any data collected is compliant with all subject data protection law in your own jurisdiction. You are responsible for backing up to your own computer and to other devices your documents, images or other data that you store or access via the Product(s). ACE POS Solutions Ltd. will not inspect data stored by the User, except as is unavoidable to providing approved and consented technical support for the Product(s) as allowed by applicable laws. Therefore ACE POS Solutions Ltd. is not responsible for any of your violations in how you use the Product(s). ACE POS Solutions Ltd. will cooperate with judicial authority that is authorized to inspect any data stored on ACE POS Solutions Ltd. servers during the course of the provision of Services. Any illegal data which may be identified by delegated judicial supervisory authorities may be removed from ACE POS Solutions Ltd. servers. Where your improper use of the Product(s) comes to our attention, in accordance with applicable laws ACE POS Solutions Ltd. may remove content, suspend or terminate the Services or Product(s), and/or cooperate with law enforcement authorities.
The Licensee is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Products.
The Licensee shall provide its personnel access to, and require its personnel to review, the relevant online documentation (supplied with all Products) before contacting ACE POS Solutions Ltd. Remote Technical Support Services.
If ACE POS Solutions Ltd. determines, in its sole discretion, in responding to a Licensee request for Remote Technical Support Service, that the customer is better served by following a solution provided in the Online Documentation, ACE POS Solutions Ltd. may direct Licensee’s personnel to the Online Documentation for the solution to the problem.
In the event that the Licensee does pay for a Maintenance Term extension, ACE POS Solutions Ltd. makes no guarantee that the extension will be accepted or that Services will be supplied. Any extension payment amount that is received by ACE POS Solutions Ltd. and is subsequently not accepted will be refunded for the exact payment amount within 10 business days of receipt of the funds.
After expiration, Licensee may resume the Services by payment of the then current annual Maintenance and Support Fee plus the list price of the most recent Product Update or Upgrade released by ACE POS Solutions Ltd.
For the avoidance of all doubt, Services shall not include the diagnosis and rectification of any fault arising from:
The improper use, operation or neglect of the Software;
The modification of the Software or its merger (in whole or in part) with any non-integrated software;
The failure by the Licensee to implement recommendations in respect of the solutions and faults previously advised by ACE POS Solutions Ltd.;
Any repair, adjustment, alteration or modification of the Software by any person other than ACE POS Solutions Ltd. without ACE POS Solutions Ltd.’s prior written consent;
Any breach by the Licensee of its obligations under this Agreement or the Licence;
The use of the Software for a purpose for which it was not designed.
The use of the Software for a purpose that is unlawful or prohibited by law.
ACE POS Solutions Ltd. may, on the request of the Licensee, provide support notwithstanding that the fault results from any circumstances described above or that the support requested is not covered by the terms of this Agreement. ACE POS Solutions Ltd. shall in such circumstances be entitled to charge for such service at ACE POS Solutions Ltd.’s rates from time to time for work undertaken on a time and materials basis or fixed quote at the discretion of ACE POS Solutions Ltd.
Without prejudice to the terms above, ACE POS Solutions Ltd. shall be entitled to levy reasonable charges if support is provided in circumstances where any reasonably skilled and competent data processing operator would have judged the Licensee’s request to have been unnecessary.
STORAGE AND RETENTION OF YOUR PERSONAL DATA OR BUSINESS INFORMATION
Retention of Personal Data or Business Information:
We retain Personal Data or Business Information for only as long as required to fulfill the identified purposes for which it was collected or as required by law. When you use any ACE POS Solutions Ltd. sold or supported software, products or services, archived Personal or Business Information that you have provided will not ordinarily be erased unless and until your entire account with ACE POS Solutions Ltd. is deleted, and even then we may retain some or all of your Personal Data or Business Information on back-up files as required for us to fulfill our own legally-required tax obligations; provided, however, we assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you.
ACE POS Solutions Ltd. may be allowed to retain and process Personal Data for a longer period whenever you, the User, has given consent to such processing, as long as such consent is not withdrawn. Furthermore, ACE POS Solutions Ltd. may be obliged to retain and process Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Users subject to the terms of this Agreement are new, existing or old customers and, as such, any Personal Data collected or processed is done so on the lawful bases of either Explicit Consent during the specific steps prior to entering into a contract and/or to fulfill the terms of a Contract with ACE POS Solutions Ltd. Any individuals whose Personal Data is processed by ACE POS Solutions Ltd. have the Right to Object and to withdraw Consent at any time but they do not have the Right to Erasure or the Right to Portability.
Your Data Personal or Business information is stored in our on-site or third-party servers in encrypted form, and anytime it is transmitted, it is transmitted in encrypted form. For both data storage and transmission, we use generally accepted industry standards for encryption.
Personal Information Stored Outside Canada
You acknowledge and understand that ACE POS Solutions Ltd., through the use of third-party service providers, may store and process your Personal Data or Business Information outside of Canada. In any event, whatever Personal Data or Business Information is stored outside Canada, it is stored in encrypted form.
PROTECTING YOUR PERSONAL DATA OR BUSINESS INFORMATION
ACE POS Solutions Ltd. strives to protect your Personal Data or Business Information. We use commercially reasonable administrative, technical, and physical measures to safeguard your Personal Data or Business Information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. For data transmission security, we use standard encryption protocols (SSL/HTTPS) for transmission of information and pseudonymisation. The encryption process protects your information by scrambling it before it is sent. When Personal Data or Business Information are stored, it is stored in our systems in encrypted form. Our hosting service providers for our database and application as well as our encryption key management service are renowned and reputable third-party hosting service providers whose privacy, security, transparency and industry-specific standards are best-in-class. Our systems and databases are backed up regularly to help protect your Personal Data or Business Information in case of an uncontrollable catastrophe.
Unfortunately, no data transmission over mobile applications and the internet and no storage of data, even in an encrypted form, can be guaranteed to be 100% secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your Personal Data or Business Information, we cannot warrant the security of any information you transmit to us, and you acknowledge that there is always some risk when transmitting information while using our or any other third-party software, products or services.
You acknowledge that ACE POS Solutions Ltd. is not responsible for any breach of security or for any actions of any third-party software.
The Service Fee will be a sum in accordance with the then current rates charged by ACE POS Solutions Ltd. If the Licensee is more than 30 days late in the payment of any sum due to ACE POS Solutions Ltd. pursuant to this Agreement or any other Agreement between ACE POS Solutions Ltd. and the Licensee, ACE POS Solutions Ltd. may at its discretion suspend performance under this Agreement or any other related agreements.
Upgrades and additional modules as well as any custom services beyond the scope of this Agreement can be ordered at the quoted price as part of a separate purchase agreement.
Disclaimer; Limitation of Liability
There are no warranties, express or implied, by operation of law or otherwise, relating to products or services furnished to licensee hereunder. ACE POS Solutions Ltd. specifically disclaims and excludes all implied warranties, including without limitation those of fitness for a particular purpose, merchantability or non-infringement. No representation or other affirmation of fact, whether made by ACE POS Solutions Ltd. employees or otherwise, which is not contained in this agreement will be deemed to be a warranty by ACE POS Solutions Ltd/ for any purpose or give rise to any liability of ACE POS Solutions Ltd. whatsoever.
In no event (i) shall ACE POS Solutions Ltd. maximum liability for all damages exceed the total amount of fees paid hereunder, or (ii) shall ACE POS Solutions Ltd. be liable for incidental, consequential, exemplary, special or indirect damages (including but not limited to lost business profits and the loss, damage or destruction of data) even if ACE POS Solutions Ltd. has been advised of the possibility of the same. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.
ACE POS Solutions Ltd. may terminate this Agreement if the Licensee fails to comply with the Terms or any related agreement between ACE POS Solutions Ltd. and the Licensee.
The Licensee may terminate this Agreement if ACE POS Solutions Ltd. fails to comply with the Terms or any related agreement between ACE POS Solutions Ltd. and the Licensee provided that ACE POS Solutions Ltd. has been given 60 days prior written notice during which ACE POS Solutions Ltd. has failed to correct the breach where such breach is capable of remedy without programming work.
This Agreement shall be terminated with respect to any particular item of Software on the date any such Software License expires or the License is terminated for any reason.
ACE POS Solutions Ltd. and Licensee are independent parties, and nothing in this Agreement shall be construed as making them partners or as creating the relationships of employer and employee, master and servant, or principal and agent between them, for any purpose whatsoever.
Neither party shall make any contracts, warranties or representations or assume or create any other obligations, express or implied, in the other party’s name or on its behalf.
All notices given under this Agreement shall be effective upon receipt and available online since the beginning of this Agreement.
In no event shall either party be liable for any delay or failure to perform under this Agreement which is due to causes beyond the reasonable control of such party. This document contains the entire agreement between the parties relating to the matters covered by it, superseding all other oral or written representations, understandings, proposals or other communications between the parties.
This Agreement may be modified only by an authorized representative of ACE POS Solutions Ltd.. In the event that any provision of this Agreement is for any reason void or unenforceable in any respect, such provision shall be without effect to the extent of the voidness or unenforceability without affecting such provision in any other respect and without affecting any other provision.
No action, regardless of form, arising out of this Agreement may be brought by either party more than 6 months after the cause of action has been or reasonably should have been discovered, or, in the case of an action for non-payment, more than one year after the date the last payment was due.
NO UNLAWFUL OR PROHIBITED USE
This Agreement shall be governed by the laws of the Province of Ontario. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.
As a condition of your use of the Services of this Agreement, you warrant to ACE POS Solutions Ltd. that you will not use the Product(s) or Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices of any Agreements published on this web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by or provided for by ACE POS Solutions Ltd.
Last modified date: May 24, 2018