Terms and Conditions For IT Outsourcing

Updated: Mar, 2019

Terms and Conditions For Monthly IT Outsourcing Customer
All Webnix's IT Outsourcing customers are required to read and understand the following terms and conditions. Once you sign with our contract, you agree to confirm your acceptance to all the terms and conditions herein and return the same to us. 

  • "Services"  IT Outsourcing, IT maintenance, consulting and other service offering from time to time provided by Webnix. 
  • "Customer"  Any company or individual who has requested to use the Services provided by Webnix.
  • "Webnix"  Webnix Technology Limited, its successors and assigns.
  • "Third Party Content" All information, software and other content provided by any third independent, third party that can be accessed through or by virtue of the Services.

1. Payment Conditions Payment shall be made in Hong Kong Dollars not later than 7 days after the end of each month following submission of invoice. Monthly fees should be paid in advance before the 1st day of each calendar month. Charges payable on a monthly basis, will be charged on a full-month basis even if the services termination date is less than a complete month. For yearly prepayment, payment shall be made in Hong Kong Dollars not later than 7 days before the starting services day of yearly maintenance.

2. Service Terms
Customer have to commit a minimum service term of 12 months; the service fee will be fixed at the rate specified in above for the duration of the minimum service term.

3. Liability 
Maintenance service doesn't cover the hardware and software damage, data lose or human error. Webnix Technology Limited maximum liability relating to services rendered under this letter (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to Webnix for the portion of its services or work products giving rise to liability. In no event shall Webnix be liable for consequential, special, incidental or punitive loss, damage or expense (including without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence. Customer shall indemnify and hold harmless Webnix and its personnel from and against any claims, liabilities, costs and expenses (including, without limitation, attorney fees and the time of Webnix personnel involved) brought against, paid or incurred by Webnix at any time and in any way arising out of or relating to Webnix’s services under this letter, except to the extent finally determined to have resulted from the gross negligence or wilful misconduct of Webnix personnel.

4. Exclusion
Customer pays for the new hardware, software and license if need to perform upgrade or replacement. IT outsourcing service does not including computer peripherals, such as monitor, external harddisk, memory card, scanner, mobile phone, tablet, digital camera..etc. Maintenance does not include client’s office relocation. For such services, this will assign as another project.

5. Confidentiality 
Webnix shall not, during the term of the contract and within one year after its expiration, disclose any proprietary or confidential information relating to the Services, the contract or the Customer''s business or operations without the prior written consent of the Customer.

6. Ownership of material
Any studies, reports or other material, graphic, software or otherwise, prepared by Webnix for the Customer under the contract shall belong to and remain the property of the Customer.  Webnix may retain a copy of such documents and software.

7. Assignment
Webnix shall not assign the contract or subcontract any portion of it without the Customer's prior written consent

8. Renewal
The cost will be revised after 12 months contract based on the size of computers, number of servers, services, number of Customer's staff and office location. Renewal of the contract is at the discretion of both the parties. Upon expiry of this contract, the Customer’s subscription for the maintenance service will be automatically renewed on the same terms and conditions herein, unless the Customer
gives Webnix prior written notice 30 days before such expiry that it does not wish to go renew. 

9. Termination
By the Customer:

  • 9.1 The Customer may terminate the contract if Webnix is unable to perform a material portion of the Services for a period of not less than thirty (30) days. 
  • 9.2 One-month prior written notice is required for any kind of Service Termination
  • 9.3 Termination before contract expiry is subject to an Early Termination Charge equals to the total amount of the remaining service fees.

By Webnix:

  •  9.4 Webnix may terminate the contract, by not less than thirty (30) days’ written notice to the Customer, such notice to be given after the occurrence of any of the events specified in paragraphs (a) and (b) of this Clause 9.4:
  •  (a) if the Customer fails to pay any monies due to Webnix  pursuant to the contract and not subject to dispute pursuant to Clause 5 within forty-five (45) days after receiving written notice from Webnix that such payment is overdue; or
  • (b) if Webnix is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
  •  9.5 Upon termination of the contract pursuant to Clauses 9.1 - 9.4, the client shall make the payments to Webnix.

10. Dispute Resolution
 Any dispute arising out of the contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of the customer's country.

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