條款及細則

  • Product data entries excluded or out of scope.
  • Change request raise by client excluded and agreed that the change request is out of scope of work in this purchase including but not limited to system modification, enhancement, layout modification, workflow modification. Additional charges may be required according to the complexity of the modification / enhancement requirement. IT-Soldiers Solution Limited reserves the right to charge or refuse any kind of such requirements or change requests.
  • All of the printing source, user manual, program executables, program sources, database design and report designs are right reserved to IT-Soldiers Solution Limited. Any illegal copy or infringing copy of the materials stated above included but not limited to are prohibited and IT-Soldiers Solution Limited reserved the right to sue the offender.
  • The system being developed is proprietary designed for the client and IT-Soldiers Solution Company owned the copyrights. Any use of the software or design in other company or subsidiary is prohibited. IT-Soldiers Solution Limited reserved the right to sue the offender.
  • All materials must provided by customer, IT-Soldiers Solution Limited will not bear legal consequences for any illegal copy or infringing copy of customer provided materials.
  • IT-Soldiers Solution Limited is not responsible for obsolete software products.
  • IT-Soldiers Solution Limited is not responsible for failure, difficulty or inability in operation caused by any equipment including but not limited to hardware(s), software(s), services that not supplied by IT-Soldiers Solution Limited.
  • IT-Soldiers Solution Limited provide installation or re-installation service of legal and licensed materials including but not limited to software, operation systems, anti-virus that provided by the customer only.
  • IT-Soldiers Solution Limited does not guarantee to fix issues including but not limited to software, hardware issues due to the complexity and hidden factors in network environment or the third party supplier(s) that is not certified by Microsoft. IT-Soldiers Solution Limited may try to provide possible alternative solution to tackle the problems as a best-effort service delivery.
  • IT-Soldiers Solution Limited is not responsible for any data lost in any situations.
  • This contract does not cover maintenance including but not limited to hardware(s) and software(s) maintenance delivery service to third party’s repair center.
  • Either customer or IT-Soldiers Solution Limited’s rights in respect to terminate this contract at any time by providing 90 days of written prior notice.
  • IT-Soldiers Solution Limited strictly protects the client privacy information and will not disclose to any person or organization without data owner agreement.
  • All labour related service will be cancelled when Typhoon Signal No. 8 or above/Black Rainstorm Warning Signal/Tsunami Warning/Special Announcement of Flooding Warning is hoisted/in force. All labour related services working in progress will be suspended immediately for safety reasons.
  • IT-Soldiers Solution Limited strictly prohibited the following use of our services including but not limited to:
    • Running Chat Room Programs or CGI games
    • Setup any services for any 3rd party to apply, such as guestbook
    • Game Server;
      **The above use of service(s) do not apply to our dedicated server customer
    • Setup any program or software which greatly affects the server’s normal operation
    • Download server or Multimedia Server
    • Setup any IRC, IRC bots, Proxy or Bit Torrent
    • Send SPAM or advertising email and other spam purpose
    • Hacking, Virus or Other Destructive Activities
    • Pornography or Adult Content
    • Any Gambling Content
    • Any illegal activities
  • Interpretation
  • In these Terms:
    • “Company” means IT-Soldiers Solution Limited
    • “Customer” means the purchaser of Goods from the Company.
    • “Goods” means all goods sold and/or delivered by the Company to the Customer.
    • “Terms” means these terms and conditions of sale.
  • Application
    • These Terms apply to all (Contract/ Invoice) for the sale of Goods by the Company.
    • No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
    • The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
  • Prices
    • Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
  • Accessories Procurement Payment
    • Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant (Contract/ Invoice) or statement.
    • The (Contract/ Invoice) price must be paid in full after delivery within 45 days.
    • Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
  • Delivery
    • The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the (Contract/ Invoice)
    • If the Customer fails to collect the Goods or accept delivery within 10 days of being notified of their availability, the Company may terminate this (Contract/ Invoice), forfeit the deposit and resell the Goods without further notice to the customer.
    • In addition to Accessories Procurement Payment Point 3, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of HKD $35.00 per week or any part thereof.
    • The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
    • Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the (Contract/ Invoice) with regard to the balance remaining undelivered.
  • Title
    • Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
  • Risk and Insurance
    • The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
    • The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

 

  • Inspection
    • Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
  • Cancellations
    • No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the (Contract/ Invoice) price of the Goods).
  • Limited Liability
    • These Terms do not affect the rights, entitlements and remedies conferred by the common laws of Hong Kong ordinance.
    • The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
      • responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
      • liable for any claim, damage or demand resulting from such non-compliance.
    • If any statutory provisions under the common laws of Hong Kong ordinance or any other statute apply to the contract between the Company and the Customer (Contract/ Invoice) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
      • replacement or repair of the Goods or the supply of equivalent Goods; or
      • payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
    • Warranty
      • All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
      • On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
      • The provisions of any act or law (including but not limited to the common laws of Hong Kong ordinance) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
      • The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
    • Display and Samples
      • Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
    • Contract
      • The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
    • Right to Enter Premises
      • In any of the circumstances referred (Contract/ Invoice), the Customer:
        • authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
        • assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
      • Force Majeure
        • The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
      • Waiver of Breach
        • No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
      • No Assignment
        • Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
      • Severability
        • If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

Once seriously violate the above rule, IT-Soldiers Solution Limited will terminate the account immediately without any prior notice.

 

  • This contract is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China and the parties agree to submit to the exclusive jurisdiction of Hong Kong Special Administrative Region of the People’s Republic of China.