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Terms and Conditions |
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1. Preamble and Definitions: |
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This contract applies to you "customer" when you agree to the contract and your
account. It applies to the use of Industrial Management Systems ltd application
"myfactory-garments.com" and its related services which includes hosting the web-based
application on its server, storage of the client's data and enabling the client
to use their services through their given dedicated accounts.
In this agreement, "you", "client" and "yours" refers to the client. Unless otherwise
stated "IMS", "we" and "our" will refer collectively to Industrial Management Systems
ltd. and its affiliates, directors, and employees.
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2. Service Definition: |
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IMS agrees to provide the client with the following services, restrictions and provisions
are applicable whenever stated in this contract:
- IMS agrees to enable the use of its application “myfactory-Garments.com” for the
amount of time specified in this contract as long as the customer is in good standing
and abides by the conditions specified herewith
- IMS agrees to set up an account for the client. Accounts are provided with four
usernames and passwords; and are to be used only by the dedicated trained individuals
employed by the client
- Additional user names can be obtained at an extra charge of 10 Euro per month
for each username
- The service includes storage of the client data on its database server, where
the application (myfactory – garment.com) stores the data. The storage limit is
6GB.
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3. Financial Arrangements: |
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1. You agree to a 1 month contract.
2. The one month fee is 150 Euro with four users
3. Additional users are available at 10 euro per month each
4. Payment are made online through our secured gateway on our website www.ims-garments.org
5. You can manage your account by logging on to our website www.ims-garments.org
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4. Service Provision and Limitations: |
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1. Although IMS is willing to provide technical support. You agree that IMS is not
obliged to provide support outside the defined service of IMS.
2. IMS makes no warranties or representation of any kind, whether expressed or implied
for the Service it is providing. IMS also disclaims any warranty of merchantability
or fitness for particular purposes and will not be responsible for any damages that
may be suffered by the Client, including loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors or omissions of the Client. Use
of any information obtained by way of IMS is at the Client's own risk, and IMS specifically
denies any responsibility for the accuracy or quality of information obtained through
its services. IMS expressly limits its damages to the Client for any non-accessibility
time or other down time to the pro rata monthly charge during the system unavailability.
IMS specifically denies any responsibilities for any damages arising as a consequence
of such unavailability.
3.IMS shall in no manner whatsoever give intentionally any information about the
client's data, application use or any other information related to the client unless
the client gives us a written consent.
4. IMS provides its clients with a secure server where their data is stored. The
client, however, must understand that there is no such thing as 100% secure and
therefore agrees to absolve IMS of any legal responsibility resulting for any accidental
loss, damage, or stolen data related to the client due to fire, earthquakes, internet
hackers or any other factor.
5. The client agrees that the usernames and passwords given to them are solely their
own. The client shall not give out the password to any other person(s) who are not
trained and employed individuals working on the client's premises. Violation of
this term might result to termination of contract and/or any other legal procedure
that we might see fit.
6. The client agrees not to maliciously or intentionally interfere with the proper
operation of the server and network, including but not limited to defeating identification
procedures, and impairing the availability, reliability, or quality of service.
7. IMS attempts to provide the Service 24 hours a day, 7 days per week as
specified in Appendix A. However, 100% availability cannot be guaranteed in the
Internet, due to a number of factors including the dependency on the hosting centre,
leased lines telephone lines and system maintenance requirements amongst others.
IMS cannot be held responsible for system downtime.
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5.Training and Technical Support: |
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1. The training manual can be downloaded from the site
www.myfactory-garments.com in the setup section and is available for every
section.
2. A video tutorial is available for every section of the program that will explain
how to operate the section of the program
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6. Updates and Software Bugs: |
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Definition: A software bug (or just "bug") is an error,
flaw, mistake, failure, or fault
in a computer program that prevents
it from behaving as intended (e.g., producing an incorrect result).
1. IMS is providing a hosted service. This includes automatic updates. IMS may update
the web-site at any time without prior notice. The updates are always in the client's
advantage and they will include additional features and/or bug fixes.
2. IMS promises to fix any blocking bugs discovered by the client. A blocking bug,
by definition, is a software bug that blocks the client from performing their daily
work, and for which there is no immediate workaround.
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