Terms & Conditions

Software Maintenance & Support Services – Limited Plan

First of all, we would like to thank you, the management & your staff for the cooperation extended to us during the past period and your confidence in us as true partners for providing ICT services.

Agreement

This Agreement contains the General Conditions relating to Software maintenance & Support Services for the specified period as stated in the overleaf Invoice and are to be accepted by both parties; ITS Data Link (Pvt) Ltd. [Hereinafter referred to as ITS] and your esteemed organization [Hereinafter referred to as Client].

General Conditions:

1. This is a basic limited plan that will remain valid during the specified period as stated in the overleaf Invoice, upon the fulfilment of the conditions mentioned herein.
2. This agreement is related only for the stated software systems that have been developed & successfully implemented at Client by ITS [hereinafter referred to as Software or Systems].
3. ITS will guarantee 02 working day response time to attend to the specific tasks related to Software at Client during the agreement period.
4. The maintenance covers help through telephone, help through other electronic medium only.
5. ITS shall notify the Client of any bug-fixes or minor amendments or updates to original software (Source code) promptly for approval. And once it is approved by the Client, those minor alterations would be fixed at the client at no extra charge.
6. ITS shall assist the Client to reload the licensed Software, any support files and databases where possible and where necessary, to recover the Systems from hardware or related failures.
7. Client agrees to provide compatible form of the H/w, OS or related resources to the existing Software, as and when requested by ITS.
8. Client agrees to provide necessary data backups for Software to be used in system recoveries.
9. Travelling, accommodation and other incidental expenses will be charged to Client during the agreement period.
10. All services provided by ITS here under shall only be provided or carried out between the hours of 8.30am and 4.30pm on Monday to Friday, excluding public/mercantile holidays. If the Client requires services outside these periods, the Client agrees to pay for such services at stipulated current rates and charges including travelling, waiting, accommodation and other incidental expenses.
11. ITS shall notify the Client about significant changes, major upgrades, newer versions etc. of the existing software promptly. Where applicable, installation of such changes, upgrades or updates will be carried out at Client’s request and at the full settlement of any related dues.
12. Any modification, enhancement or changes to the core design/understanding of the existing system/modules or introduction of complete new systems in place of existing systems/modules would be considered separately on case-by-case basis and charges/fees for the same will have to be agreed.
13. Not with standing any express provision of this agreement, ITS shall not be required to undertake or provide any on-site maintenance or service whatsoever.
14. Under no circumstances, ITS or its agents are liable for any of the following:
    • Third-party claims against the Client for damages
    • Loss of, or damage to, the Client’s records or data
    • Special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if ITS or its agents are informed of their possibility
15. This agreement is not transferable to others by any means, and not exchangeable. Cash refunds are considered where balance agreement period is not less than 03 months and where refundable pro-rata value is greater than Rs 25,000/-.
16. ITS or Client reserves the right to detach or discontinue any software module from its maintenance contract at any time. Such detachments must be performed at thorough understanding by the both parties and upon a separate written confirmation.
17. Validity of this agreement is subject to full settlement of the overleaf Invoice amount (please turn over) and any other bills due for ITS within the stated period.
18. And, further, the parties agree that this agreement, any statement(s) of work are the complete and exclusive statement of the agreement between the parties, superseding all proposals or other prior agreements, written, and all other communications relating to the subject.

End of Agreement