HOME+ SERVICE AGREEMENT
1. THE PARTIES
This Service Agreement made as of the _____________________ between ____________ (“Customer”), the managing body of _________________; and
CIS-TRONICS PTE LTD, the authorized system integrator of HOME+ and COLOSO PTE LTD, the software developer of HOME+ (collectively “Service Providers”).
Hereinafter referred to as the “Parties”. The Parties HEREBY AGREE as follows:
2. THE SERVICES
2.1 The Services: The Customer is desirous of subscribing to, and the Service Providers agrees to provide, the following services (‘the Services’) in accordance with the terms and conditions set out herein: HOME+ Condominium Management Solutions (“HOME+”), including the following modules set forth in Appendix A.
2.2 Commencement Date: The commencement date (“Commencement Date”) of this Agreement is ___ day of __________, 20____.
2.3 Contract Period: The contract period (“Contract Period”) of this Agreement is _________ Year from the Commencement Date.
3. SERVICE FEES
3.1 Subscription Fee: The subscription fee (“the Subscription Fee”) is $ _______ (Singapore Dollars ______________ Only) per month payable in advance on the _______ day of each calendar month with the first payment to be made on or before _____ day of _________, 20____.
3.2 Refundable Deposit: The Customer shall upon signing this Agreement pay a refundable deposit (“Deposit”) amount of $ _______ (Singapore Dollars ______________ Only), equivalent to ____ month(s)’ Subscription Fee.
3.3 Banking Details: The Subscription Fee shall be payable to the following bank account (“Service Provider Bank Account”):
Bank Name: ____________________
Bank Code: ____________________
Branch Code: ____________________
Account Name: ____________________
Account Number: ____________________
3.4 The Customer shall pay the Subscription Fee to the Service Providers in consideration for the Services to be provided by the Service Providers. The Subscription Fee paid by the Customer is non-refundable. The Subscription Fee shall be paid by the Customer via bank transfer or cheque deposits to the Service Provider Bank Account.
3.5 Late Payment Fee: The Customer will be subject to a late payment fee if payment if not made by the relevant due date.
4. INSTALLATION AND MAINTENANCE
4.1 Permissions: The Customer shall obtain all necessary permissions if applicable, for the Service Providers’ employees and contractors to carry out installation and maintenance work.
4.2 Preventive Maintenance: The Service Providers’ employees and contractors may from time to time carry out preventive maintenance. Service Providers will make necessary arrangement with Customer prior to the arrival.
4.3 Corrective Maintenance: The Service Providers shall assign a dedicated account manager to the Customer. In the event of any performance issue of the Services, the Customer shall contact the account manager for assistance. The Service Providers shall at its discretion based on the severity of the issue, provide the necessary rectification.
4.4 Maintenance Charges: Maintenance service is fully covered The Subscription Fee. However, in the event when the Service Providers were called in to rectify an issue which is external to the Services, the Service Providers may charge investigation and labour cost in relation to the work.
4.5 Hardware Warranty: The equipment provided are fully covered by the Subscription Fee. However, in the event of hardware failure as a result of abuse, accident, neglect, misuse, unauthorized modification, extreme environment, extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, fire, acts of God, the Service Providers may charge a replace cost in relation to the work.
4.6 Lease of Equipment: The Customer shall exercise care and protection to the equipment (referred to Appendix B for details) supplied by the Service Providers on a lease basis. The Customer may be required to compensate for the equipment destroyed or damaged (reasonable wear and tear accepted).
5. RENEWAL AND TERMINATION
5.1 This agreement can be renewed or extended by the parties in writing before the expiry of this Agreement and on terms to be agreed on.
5.2 Upon the expiry of the Contract Period, the Customer may terminate the Services any time with one month written notice to the Service Providers.
5.3 If the Customer wish to terminate the Services prior to the expiry of the Contract Period, the Deposit will be forfeited.
5.4 The Service Providers have the right to terminate the Services if the Service Providers believe that the Customer has violated or acted inconsistently with the spirit of this Agreement. The Deposit will be forfeited.
6. GENERAL TERMS:
6.1 No Assignment: The Customer shall not transfer or assign any of its rights or obligations under this Agreement without the written consent of the Service Providers. The Customer shall ensure that no login credentials or passwords relating to the main account or sub-account(s) are shared with unauthorized thirty parties.
6.3 The Customer shall obtain necessary consent to the collection, usage, disclosure, storage, and processing of information required in the Services, including without limitation names, addresses, companies, mobile number, contact details and other personal details.
6.4 The Service Providers reserve the right to update, upgrade or modify the Services contained in HOME+ from time to time without prior notice. The Service Providers further reserve all rights to deny or restrict access to HOME+ to any particular person or to any main account or sub-account at any time, for any reason, including without limitation if the Service Providers believe that the Customer has violated or acted inconsistently with the spirit of this Agreement.
7. LIMIT OF LIABILITY
7.1 In no event shall the Service Providers, or their subsidiaries, affiliates, directors, shareholders, employees, contractors, partners, suppliers, attorneys, advisors, agents or licensors be liable for any indirect, incidental, consequential, special or exemplary losses or damages arising out of or in connection with your access or use of or inability to access or use the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meeting with other users or persons through the Services, whether or not the damages were foreseeable and whether or not the Service Providers were advised of the possibility of such damages. Without limiting the generality of the foregoing, the Service Providers’ aggregate liability to you (whether under contract, tort, statute, or otherwise) shall not exceed the amount of Singapore Dollars One Only (S$1.00). The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.
7.2 Indemnification: The Customer shall indemnify the Service Providers against all actions, claims, damages, loss or other costs arising directly or indirectly from the provision of the Services by the Service Providers. For this purpose, the Customer shall ensure that all persons to whom the Customer provides any information or data obtained under the Services, agree and acknowledge that the Service Providers are not liable in tort or contract or otherwise, for any damage or loss whatsoever which may arise directly or indirectly therefrom.
7.3 If during the subsistence of this Agreement, a state of war or any state of riot, civil commotion or general strike or any earthquake, flood, pandemic, or other acts of God arises or exists to prevent the fulfilment of this Agreement, the Service Providers may at its absolute discretion, suspend this Agreement for any period or determine this Agreement without being liable therefor in damages.
8.1 The Parties hereto agree that each shall treat confidentially the terms of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any regulatory authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law.
9. GOVERNING LAW
9.1 This Agreement shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore. The parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
9.2 In the event of any dispute relating to, arising from or otherwise in connection with this Agreement, the Parties shall refer the dispute to mediation or arbitration. The choice of mediation or arbitration centre shall be mutually agreed on between the parties.
10.1 Correspondence Details: All official correspondence shall be addressed to
HOME+ Customer Service
2 Venture Drive
#07-27 Vision Exchange
10.2 Contact Details: Besides the dedicated account manager, the Customer may contact HOME+ Customer Service via email: firstname.lastname@example.org or Whatsapp: +65 8866 8848.