Magic Retail Systems Pty Ltd
Software Maintenance Agreement
Magic Retail Maintemance Agreement Includes!
For those who want the ultimate
Business Management System
and absolute peace of mind
Software Maintenance Agreement - Standard Terms and Conditions
- The Contract - The parties are GreyPower Technologies
Pty Ltd (ACN 090 569 029) of 28 Bronzewing Avenue, Ellenbrook, WA 6069
(GreyPower) and the Customer detailed in the attached application
form of which these standard conditions form part (the Application).
There is a binding contract (this Agreement) between the
parties once GreyPower returns a signed copy of the application to the
- Duration of this Agreement - Unless terminated
in accordance with Condition 10 below:
The duration of this Agreement shall remain in effect for 12 Months
from the date of purchase of the Magic Retail Aspire Annually Renewable Licence Agreement
and 12 Months from the date each subsequent renewal date.
- Service Fee - GreyPower shall comply with this Agreement in exchange
for the Customer paying the Magic Retail Aspire Annual Licence Fee. The Licence Fee includes
an element of TAX where applicable.
- Receipted Invoices - GreyPower shall provide to the Customer a receipted invoice
for the Licence Fee. Where applicable, provided that the Customer has given GreyPower
its full details, the receipted invoice to be provided by GreyPower shall be a receipted
tax invoice for TAX purposes where applicable.
- GreyPower’s Duties – Software means the products detailed in Section 3 of
the Application. Magic Retail shall during the period of this Agreement, free of charge to
the Customer (other than payment of the Licence Fee or the other charges payable in terms
of Condition 8 below), provide to the Customer all corrections to faults identified in the
Software and any upgrade to the Software that is issued during that time period.
This Agreement operates in addition to the Software Maintenance Agreement offered to the
Customer with the Software when the Software was purchased. This Agreement also includes
(where reasonably possible) remedying of failures in the Software arising due to incorrect
use of the Software by the Customer or those using the Software on
behalf of the Customer.
- Exclusions - This Agreement does not cover
the cost of remedying failure of the Software due to (a) failure of the
Customer’s computer hardware; or (b) other software installed on the
Customer’s computer hardware (which may have to be remedied at the cost
of the Customer in order for GreyPower to remedy resultant failures in
the Software); or (c) any deliberate misuse or abuse of the Software or
the dongle used by the Software by the Customer or those using the
Software on behalf of the Customer.
- Customer’s Duties - The Customer must use
the Software in accordance with all manuals and instructions provided
to the Customer and must ensure that those operating the Software do
- GreyPower’s Charges - If the Customer requires
GreyPower to remedy any failure in the proper operation of the Software
arising from any cause not covered by this Agreement, the Customer
agrees to pay GreyPower’s standard maintenance charges applying at the
time of remedy of that failure.
- Renewal of this Agreement – Provided that the Customer is not in breach of its
duties expressed or implied under this Agreement, in exchange for payment of the Annually
Renewable Licence Fee applicable at the time of renewal in question. This Agreement will
be automatically renewed for a period of 12 months from the date of expiry of the
Renewed Licence Agreement on the same terms and conditions as this Agreement.
- Early Termination - This Agreement may be
terminated by either party if the other party is in breach of any of
its duties in terms of this Agreement and fails to remedy that breach
within 14 days after written notice to do so has been given.
- Special Conditions - The special conditions
contained in Annexure A attached (if any) form part of this Agreement.
If Annexure A is inconsistent with the rest of this Agreement, Annexure
- General - This Agreement may not be assigned
or sub-contracted by the Customer to any person. This Agreement is
governed by and construed in all respects in accordance with the laws
of Western Australia. This Agreement constitutes the entire agreement
between the parties relating to its subject matter, and supersedes any
previous agreement between the parties relating to that matter.
GreyPower does not accept any variation of the terms of this Agreement,
including any purported to be made by any purchase order or other
document put forward by the Customer. The Customer acknowledges that
it has entered into this Agreement on the basis of, and does not rely
on, any representation, warranty or other provision that is not expressly
included in this Agreement. This Agreement does not affect the Customer’s
statutory rights in relation to faulty Software.
- Modem & pcAnywhere - The customer agrees to the mandatory requirement,
that a functional external modem connected to a dedicated telephone line, and pcAnywhere32
Communications Software is installed and maintained in good working order by the
Customer on each computer system utilising the Software covered by this agreement.
Magic Retail Maintemance
Obstensibley GreyPower's Software Maintenance Agreement contractually fixes
the services and facilities provided during the currency of the initial 12 month period of the
Licence Agreement and any subsequently renewed Licence.
The services and facilities provided under the Maintenance Agreement are as follows: -
- Magic Retail Version Upgrades
Magic Retail is constantly being upraded to Enhance Existing Functionality
and Provide New Functionality.
Every Magic Retail Aspire Version Upgrade Released
during the Life of the Maintenance Agreement is posted to and available
for download Via Magic Retail Systems Web Site.
- Telephone Access To Help Desk
Magic Retail Aspire Help Desk is available 9.00 AM to 5.00 PM Monday to Friday.
- Data Recovery
Software Data vital to the functional operation of Magic Retail can
be lost and/or corrupted, the causes of this phenomena are many and varied,
such as Power spikes, Power failures, Improper shut down, Operating system failure (Windows),
Hard Disk failure, the list is endless.
The recovery of Data ** is inclusive
of the Maintenance Agreement.
- System Recovery
Systems can and do fail, the causes of which can be as many and as varied as Data Loss.
System Failure Recovert is inclusive of the Maintenance Agreement, where
Magic Retail Systems Software*** is the cause of the System Failure.
- Annexure A
Annexure A, referred to in Section 11 Special Conditions - of the Maintenance Agreement
is the instrument by which Special Maintemance Requirements unique to a particular Business
may be inculded within and in addition to the standard inclusions of the Maintenance Agreement.
For example, it may be necessary to include a Networked System or a Magic Management System,
Annexure A, documents inclusions and any additional costs.
- Please Note
* To the exclusion of the actual telephone call costs!
**To the extent that the data still exists and/or is re-buildable!
**Macic Retail has never been known to cause a System Failure!
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Last modified: 20 September 2002