Terms and Conditions
1. Introduction Welcome to Mxgsoft Pte Ltd. By using our ERP software services, you agree to comply with and be bound by the following terms and conditions.
2. Definitions
- “Company” refers to Mxgsoft Pte Ltd.
- “User” refers to the individual or entity using our services.
- “Services” refers to the ERP software services provided by the Company.
3. Service Availability The Company strives to ensure the availability of its services but does not guarantee uninterrupted or error-free operation. The Company is not liable for any downtime or service interruptions caused by factors beyond its control, including but not limited to natural disasters, cyber-attacks, or third-party service failures.
4. User Responsibilities Users are responsible for maintaining the security of their login credentials and ensuring compliance with all applicable laws and regulations. Users must not engage in any activity that could harm the Company’s infrastructure or other users.
5. Data Security The Company implements reasonable security measures to protect user data. However, the Company is not liable for data breaches caused by factors outside its control, such as user negligence or third-party actions.
6. Support and Maintenance
- Scope of Support: The Company provides technical support for the ERP software, including assistance with installation, configuration, and troubleshooting. Support is available during the specified support hours.
- Support Hours: Support is available Monday to Friday, 9:00 AM to 6:00 PM (SGT).
- Response Time: The Company aims to respond to support requests within 2 hour for critical issues and within 4 hours for non-critical issues.
- Critical Issues: Critical issues are defined as problems that severely impact the functionality of the ERP software, such as system outages, data corruption, or security breaches. Non-critical issues include minor bugs, user interface problems, and general inquiries.
- Maintenance Services: The Company will perform regular maintenance depending on solution type and maintenance package to ensure the ERP software remains functional and up-to-date. This includes applying patches, updates, and upgrades as necessary.
- User Responsibilities: Users must promptly apply updates and upgrades provided by the Company and maintain a compatible environment for the ERP software.
- Exclusions: The Company is not responsible for issues caused by user modifications, third-party software, or hardware not specified in the original agreement.
7. Limitation of Liability The Company is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from the use of its ERP software services. The Company is not responsible for service interruptions due to factors beyond its control, such as natural disasters, cyber-attacks, or third-party service failures. While reasonable security measures will be implemented, the Company is not liable for data breaches caused by factors outside its control, such as user negligence or third-party actions. The Company is not liable for failure to perform due to events beyond its reasonable control, such as natural disasters, war, or government actions.
8. Indemnification The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the User’s use of the services, provided that the Company promptly notifies the User of any such claim and allows the User to control the defense and settlement of the claim.
9. Warranties Disclaimer The Company disclaims all warranties, express or implied, regarding the services, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Force Majeure The Company is not liable for failure to perform due to events beyond its reasonable control, such as natural disasters, war, or government actions.
11. Third-Party Services The Company is not liable for issues arising from third-party services or software integrated with the ERP software.
12. Governing Law These terms and conditions are governed by and construed in accordance with the laws of Singapore.
13. Amendments The Company reserves the right to amend these terms and conditions at any time. Users will be notified of any changes, and continued use of the services constitutes acceptance of the amended terms.
14. Contact Information For any questions or concerns regarding these terms and conditions, please contact us at willie@mxgsoft.com.
15. Intellectual Property Rights All intellectual property rights in the ERP software and related documentation remain the property of the Company. Users are granted a non-exclusive, non-transferable license to use the software in accordance with these terms and conditions.
16. Confidentiality Both parties agree to keep confidential any proprietary information received from the other party during the term of this agreement and for a period of two years thereafter.
17. Data Protection The Company will process personal data in accordance with applicable data protection laws and the Company’s privacy policy.
18. Termination Either party may terminate this agreement with 30 days written notice. The Company may terminate the agreement immediately if the User breaches any of these terms and conditions.
19. Reinstatement of Services In the event of reinstatement of software maintenance services, the User agrees to pay a reinstatement fee, which includes the current annual maintenance fee, any unpaid fees from the lapse period, and an additional administration fee of $200. The reinstated service will cover the latest supported version of the software, and the User must apply all necessary updates and upgrades. The Company is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. The Company is also not responsible for service interruptions due to factors beyond its control, such as natural disasters, cyber-attacks, or third-party service failures. While reasonable security measures will be implemented, the Company is not liable for data breaches caused by factors outside its control, such as user negligence or third-party actions. The Company is not liable for failure to perform due to events beyond its reasonable control, such as natural disasters, war, or government actions.
Limited Liability Clause
Limitation of Liability: Mxgsoft Pte Ltd is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from the use of its ERP software services. The Company is not responsible for service interruptions due to factors beyond its control, such as natural disasters, cyber-attacks, or third-party service failures. While reasonable security measures will be implemented, the Company is not liable for data breaches caused by factors outside its control, such as user negligence or third-party actions. The Company is not liable for failure to perform due to events beyond its reasonable control, such as natural disasters, war, or government actions.
