IT專業外判支援服務-年費計劃

Information Technology Service

1. Introduction

This Agreement describes Information Technology Service that customer will receive from KYOCERA Document Solutions Hong Kong Limited. (KDHK). This Agreement should be read alongside the service level agreement (SLA) that applies to it. The SLA describes what levels of service are acceptable.

2. Scope of Service

To explore KDHK Information Technology Service Support before committing to an active monthly plan, you can sign up for a 30 days free trial. The scope of service includes Desktop/Laptop/MacBook, Network Equipment, New/Re-installation of Desktop, Laptop, MacBook & Printer driver (Firewall & Server are excluded), regular system health check and upgrade that are maintained and supported by KDHK.

This Agreement with twelve (12) months PC Maintenance Services sets out how the KDHK will provide maintenance and support service for the IT system. It describes for which items KDHK will provide support, and how the customer can expect problems with the IT system to be handled.

2.1 Due to the complexity & hidden factors in system environment, KDHK does not guarantee to fix all software issues &, in such cases, KDHK may try to provide possible alternative solutions to customer to tackle the problems. Subject to separate agreement, customer agrees to pay additional service charge to KDHK.

2.2 Subject to any changes in the Systems to be managed by KDHK, KDHK reserves the rights to amend the Monthly Service Charge.

2.3 During your free trial period, you have the opportunity to set up your IT support structure and explore its features. When you're ready to upgrade your IT support plan please contact Kyocera Hong Kong Service Hotline: (852) 2429 7421 or send an email tocs-servicehotline@dhk.kyocera.com

3. Dates and Reviews

3.1 This Agreement becomes effective upon the customer’s payment through the e-commerce platform, base on the selected package. It may be reviewed at any point, by mutual agreement. Unless otherwise specified, this agreement shall automatically renew for twelve (12) months (with this automatic renew clause), unless the customer provides written notice at least one (1) month prior to the renewal date.

3.2 Customers with unique business registration details (e.g. unique company name, business address, business registration (BR) and email address) are entitled to a one-time, 30-day free trial when subscribing to twelve (12) months of PC Maintenance Services on a monthly basis. This clause does not apply if the Customer has used KDHK PC Maintenance Service before.

3.3 Post 30-day trial, your account will transition to a paid subscription automatically unless canceled within the free trial period.

3.4 Subsequent free trial registrations are not permitted. Violations may result in immediate charging of the standard monthly fee.

3.5 KDHK reserves the right to monitor compliance with these terms and enforce applicable charges.

3.6 If any of the following events occur during the paid subscription period, the customer agrees to pay liquidated damages. The amount will reflect a reasonable estimate of actual damages incurred by the customer due to the specified events, up to a maximum of 12 months of monthly service fees.

3.6.1 Company relocation outside the Hong Kong regions; or

3.6.2 Deregistration of the company; or

3.6.3 Business closure; or

3.6.4 Termination or suspension without cause.

The parties acknowledge that these damages are difficult to assess, and the specified amount is a fair estimation of the potential loss.

3.7 KDHK will not refund any remaining service fee under any circumstances including the followings even though client prepaid the service fee for twelve (12) months PC Maintenance Services.

3.7.1 If the customer reduces the number of equipment requiring KDHK’s support services or the scope of services; or

3.7.2 If the customer suspends or terminates the PC Maintenance Services due to any reason.

3.8 To upgrade or downgrade your plan upon renewal, please contact Kyocera Hong Kong Service Hotline: (852) 2429 7421 or send an email to cs-servicehotline@dhk.kyocera.com at least 2 weeks before the automatic renewal.

4. Charges and Payment

4.1 This Agreement stipulates that you shall use a credit card to subscribe a monthly service of the "IT Professional Outsourcing Support Service (12 months)" as defined above. Service billing will commence from the date KDHK provides you the IT support service. KDHK will automatically charge your credit card on a monthly or a yearly basis according to the package you subscribed in our website. KDHK reserves the right to amend the list of the package and price with prior notice. (KDHK reserves the right to amend the list of consumables, optional units and accessories without prior notice);

4.2 You may pay for your order of the Subscription Services with a major credit card issued in Hong Kong, with billing address in Hong Kong. Currently, we accept Visa, MasterCard, Union Pay.

4.3 You hereby represent and warrant that you are the legitimate holder or authorized user of the credit card that you use for payment of the Subscription Services. You shall be responsible for notifying your bank.

4.4 Delinquent Payments; Suspension; Late payments may bear interest at the rate of 2.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys‘ fees) incurred by us in collecting such delinquent amounts. You will be liable to KDHK for any interest or additional fees incurred due to late credit card payments, lost credit cards, unauthorized use of credit cards and chargeback, fees, penalty and the like by credit cards to KDHK. You shall be responsible for notifying and communicating with your bank.

4.5 If your payment is overdue, KDHK may suspends the Services until the settlement of all overdue payments and the reconnection charges.

4.6 To help KDHK ensures you can continue to receive our service and your Bill; it is your responsibility to:

1. notify KDHK if your email address, service address and billing address changes;
2. check your junk email folder to see if your Email Bill has been delivered there instead of your inbox; and
3. contact KDHK if you do not receive your Email Bill or Paper Bill upon written request.
4. make sure the authorized credit card can successfully settle the Service fee.
5. contact KDHK if you lost credit cards, renew expired credit card or would like to change a new authorized credit card for settle Service fee.

5. Site Inventory Inspection

A details on-site inventory checking will be carried out after order confirmation.

- Hardware & software inventory, network diagram

- Professional advice(s) to review the existing IT infrastructure in the office for improvement

- Install remote support software for target PCs (TeamViewer) for improvement

6. Technical Support Help Desk

Customers can access the Technical Support Help Desk Monday to Friday from 9:00 a.m. to 5:30 p.m. excluding Saturday, Sunday & Public Holidays. The goal will be to resolve user’s problems remotely and get the user up ASAP. An onsite technical support will be performed when remote resolution does not work.

7. Description of Service & Charge

Support Desktop/ Laptop/MacBook’s quantity subject to the paid package.

*Additional Monthly Charge add HK$100/per Desktop/Laptop/MacBook

*General Server (File/NAS/Login) Monthly Charge add HK$180/per server

*Application Server (email/ERP/Accounting) Monthly Charge add HK$400/per server

Including Computer & Network Support:

1. Disk defragmentation, clean up files and hard disk checking
2. Files and Printer sharing configuration
3. Remove Virus, Spyware and Trojan Horse
4. Email and internet configuration
5. Improve computer efficiency
6. Patch and firmware update (if necessary)
7. IT and computer consultation
8. Provide data backup solutions
9. Document Solutions Consultation
10. Review the existing IT infrastructure in the office
11. KYOCERA Net Viewer - MFP status and print usage monitoring
12. KYOCERA Fleet Services (KFS) on KYOCERA device for auto report of supplies consumption, meter reading and service diagnosis etc.

8. Exclusions

KDHK will always endeavor to provide support and rectify problems as requested. However, this agreement only applies to the parts of the service scope listed above but the followings are specifically excluded:

1). Electrical, air conditioning, building or environmental work external to the Managed Components

2). Re-location, moving or removing of the Computer System

3). Rectification of defects, errors or computer viruses in any software, hardware or equipment, or repairs, support or maintenance relating to those things

4). Development of any software or software interfaces needed to complete any installation; and Supply & installation of consumables or hardware

5). KDHK provides no guarantee for the resolution of issues related to systems that are out of operation or applications that are no longer supported.

Additionally:

- This Agreement does not cover IT system problems caused by using equipment, software(s) or service(s) in a way this is not recommended.

- If the customer has made unauthorized changes to the configuration and/or setup of equipment, software(s) or service(s), this Agreement may not apply.

- If the customer has prevented KDHK to perform required maintenance and updates, there may be a delay in resolving issues.

- Customer is liable to pay for the new hardware, software and license if it is necessary to perform upgrade or replacement upon confirmation of quotation.

- Maintenance service will not include computer peripherals, such as monitor, external Hard Disk, Scanner, Digital Camera, Printer and MFP etc.

- This Agreement does not apply to circumstances that could be reasonably said to be beyond KDHK’s control. For instance: outage due to problem/shortage/disruption of utilities/power, software and/or hardware (“Outage”), natural disasters, fire, floods, earthquake, strike, war, acts of God and so on.

- This Agreement shall be suspended or even terminated (at the sole and absolute discretion of KDHK) if the customer fails to pay KDHK.

- When customer requests KDHK to provide any services that are out of the scope of the Services as specified in this Agreement, customer agrees to pay KDHK additional charge subject to separate quotations from KDHK based on the standard hourly rate.

- Having said that, KDHK aims to be helpful and accommodating at all times, and will do its absolute best to assist customer wherever possible.

9. Responsibilities

9.1 KDHK Responsibilities

KDHK will maintain and support IT system used by the customer.

Additionally, KDHK will:

- Ensure relevant software, services and equipment are available to the client in line with the service level agreement (SLA) that accompanies this Agreement.

- Response to support requests as described in the SLA and within reasonable time, in any case.

- Do its best to escalate and resolve issues in an appropriate, timely manner.

- Maintain good communication with the customer at all times Service Hour: Monday - Friday: 9:00 a.m. to 5:30 p.m. (no service is available on Saturday, Sundays and Public Holidays)

9.2 Customer Responsibilities

The customer will use the IT system covered by this Agreement as intended.

Additionally, the customer will:

- If the storage system or data needs to be repaired or moved. The customer shall be responsible for the backup of the data in the storage in advance.If the storage system or data needs to be repaired or moved. The customer shall be responsible for the backup of the data in the storage in advance.

- Customer has responsible to make sure all software which has valid licenses during installation.

- Pay all money payable to KDHK under this Agreement on time as required.

- Notify KDHK of issues or problems in a timely manner.

- Provide KDHK with access to equipment, software and services for the purpose of maintenance, updates and fault prevention.

- Keep KDHK informed about potential changes to its IT system.

- Maintain good communication with KDHK at all times.

10. Support

Support requests raised by the client will be handled:

10.1 Unlimited Remote support

This is where all support incidents begin. The issue is clearly recorded and KDHK will performs basic troubleshooting by PC remote (Team Viewer).

10.2 Unlimited Onsite support*

*(ONLY for HK$800 above monthly charge package)

*(Exclusive for the First Month Free Trial Program)

If an issue cannot be resolved in remote support, it will be escalated to onsite. At this point, KDHK will provide on-site support. If the issue still cannot be resolved, it will be further escalated to professional support. At this level, support is provided by KDHK’s most-experienced staff, who can draw on a range of expertise from third-party when needed.

10.3 Onsite support under First Month Free Trial Program

If an issue cannot be resolved in remote support, it will be escalated to onsite. During this Free Trial period, KDHK will only provide maximum three times on-site support.

10.4 Service Level

Coverage parameters specific to the services covered in this Agreement are as follows:

Service Hour: Monday - Friday: 9:00 a.m. to 5:30 p.m. (no service is available on Saturday, Sundays and Public Holidays)

*In case of Tropical Cyclone Warning Signal No.8 or above or Black Rainstorm Warning Signal is hoisted on the business day, signal is lowered at or before 12pm. the office will remain closed for the whole day unless the Tropical Cyclone Warning Signal or Black Rainstorm Warning.

The following is response time

Remote support	On-site support	On-site PC installation
Within 2 hours after noticed	Within 4-8 hours during working hour	3 working days appointment before

10.5 Non-Service Hours Support

Additional Service Charge will apply for Non-Service Hours Support request, and service response time may vary upon service availability.

10.6 Communication

General communication

Web and e-mail supports consist of:

- Ability to submit support requests via e-mail and telephone support.

- E-mail requests shall be submitted to the e-mail address designated by KDHK.

- Telephone support is only available during the Service Hours.

The following contacts will be generally used for communications related to the service in the scope of this SLA:

Customer contact for the Service Hotline	(852) 2429 7421
Email Support	it_service@dhk.kyocera.com

Customer shall provide to KDHK at time of logging call:

- A primary contact name and phone number, or an alternative contact name and phone number, if required by KDHK.

- A description of the fault with any symptom that may be displayed on the device(s); and any other information KDHK may reasonably require.

11. Liability Disclaimer

a. KDHK shall makes no warranty that the Services will be uninterrupted, virus-free or error-free or Outage free. KDHK expressly disclaims any liability for any errors or omissions in the content included in the Services.

b. Under no circumstance, KDHK shall be responsible for any damage or loss incurred or sustained in the system or services, if it is proven to be caused by vendors of the customer other than KDHK.

c. Notwithstanding anything to the contrary herein, KDHK’s maximum aggregate liability, arising from or in connection with this Agreement or the subject matter hereof, shall be limited to the refund of the amount received by KDHK for the affected period which KDHK cannot provide the Services as stated in this Agreement.

d. In no event KDHK shall be liable for any loss of profit, indirect, incidental, consequential, special, exemplary or punitive damages under, arising out of or related to this Agreement.

e. Unless otherwise stated otherwise, KDHK makes no representations or warranties under this agreement, and to the full extent no prohibited by laws, disclaims any and all other representations or warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

12. Invalidity

In the event that any one or more of the provisions contained in this Agreement or in any other instrument referred to herein, is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other such instrument and the invalid, illegal or unenforceable provision shall be deemed modified so as to be valid, legal and enforceable to the maximum extent allowed under applicable law.

13. Governing Law

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of Hong Kong (without giving effect to principles of conflicts of laws). The Parties agree to submit all disputes to the jurisdiction of Hong Kong courts.

14. Final Interpretation Clause

In case of any disputes, KDHK reserves the final right of interpretation.

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