SUPPORT SERVICE AGREEMENT
Revised: Friday, May 18th 2018
By accepting this Support Service Agreement the Customer authorizes Movaci to begin performing the Service or to continue performing the Services, if performance of the Services began prior to accepting this Agreement and allowing access to the Customer’s physical hardware, network, and/or digital data and software (Systems). The term of this Agreement shall continue until Movaci completes the Services to be performed or until either party terminates this Agreement. Either party may terminate this Agreement at any time, without cause, by giving 3 (three) business days advance written notice to the other party of its intent to terminate the Agreement. Movaci reserves the right to terminate the Agreement without any prior notice, if the Customer proves to be unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, abusive, or racist.
The Customer agrees to pay to Movaci for all Services rendered. All unpaid fees and expenses that have occurred through the date of termination are subject to additional late fees and penalties.
The Customer agrees that all payments provided for Services are NON-REFUNDABLE.
Under this Agreement, Movaci provides Services to the Customer, and does not sell or license goods, except as expressly provided in a purchase order. Movaci warrants that it will perform the Services in a workmanlike manner.
THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MOVACI. EXCEPT FOR THIS LIMITED WARRANTY, MOVACI MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY MOVACI UNDER THIS AGREEMENT, AND MOVACI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES.
Movaci offers a standard seven (7) day warranty for all non-recurring rendered Services unless otherwise stated. During this warranty, the Customer can request additional information and/or ask Movaci to fix potential issues occurred due to the performed Services. Software updates released in this seven (7) day warranty period are not covered by this warranty. If a part of the Service was the installation, update, or configuration of software, Customer may not request updates to newer software versions, if the new version was not publicly available at the date when the service was rendered.
Movaci is not responsible for hardware or software that is incompatible with the rendered services. Third party software and hardware is not covered by Movaci’s warranty. The warranty refers ONLY to the Services rendered directly by Movaci.
Customer warrants that the rendering of the Services by Movaci will not violate the rights of any third party, including, without limitation, intellectual property rights.
Governing Law and Choice of Forum. This Agreement will be governed and interpreted in accordance with the laws of the Kingdom of Thailand, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated within the Kingdom of Thailand. Each party, to the maximum extent permitted by law, hereby consents to the jurisdiction and venue of such courts and gives up any objections that such party may now have or hereafter have to the jurisdiction or venue of such courts, on the basis of inconvenient forum or otherwise.
Independent Contractor. Movaci is an independent contractor for all purposes. Neither Movaci nor its subcontractors, nor the employees or agents thereof, shall be deemed to be employees or agents of Customer. Movaci may use subcontractors or other third parties of Movaci’s choice to assist Movaci in rendering the Services hereunder.
Enforceability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall remain in full force and effect.
Interpretation. The headings of this Agreement shall not affect the meaning or interpretation of this Agreement and are included only to facilitate its reading.
Force Majeure. Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failure, strikes or labor disputes, acts of god, war, civil disturbances, acts of civil or military authorities or public enemy, or other causes beyond either party’s control.
Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning Movaci’s rendering of the Services to the Customer. By accepting this Agreement. the Customer allows Movaci to connect to his Systems and perform the Services.
Onsite and remote support services shall be treated as a Technical Service and will be calculated and billed for on an hourly basis. Hours and services in addition to the set amount of hours or scope of the Service will be invoiced separately at the end of each month during the Service term.
By agreeing to the terms, you are giving Movaci engineers permission to locally or remotely connect to your Systems to investigate and perform any agreed repairs.
Any personal or private information stored on your computer which is seen by a Movaci technician or engineer will be treated as confidential. The customer shall be responsible for backing all data to external media such as diskettes, CDs, DVDs or an external drive prior to the remote support session. Movaci is not responsible for the loss of data. Questions regarding this agreement should be emailed to sales(at)movaci.com or directed to your account representative. Movaci will endeavor to perform the repairs in a timely and professional manner.
By signing or clicking ‘Accept’ on this agreement, or accepting our disclaimer, you acknowledge that you have read and understood the terms outlined herein and that you authorize Movaci engineers to access and support your System.