This agreement is effective from 7th Jan 2020.
Support
En-trak is not required to provide any support services with respect to Subscriber’s property, including without limitation computers, building automation systems, network connections, routers, firewalls, or software products that operate on Subscriber’s computers.
Subscriber will comply with all applicable laws and regulations in its use of the Service and Licensed Software. Subscriber will defend, indemnify and hold harmless En-trak from and against any claim arising out of or related to a violation of such laws or regulations by Subscriber or any of its agents, officers, directors, or employees.
All notices, consents, and approvals under this Agreement must be delivered in writing via email and will be effective one the business day of sending by email. En-trak will use the email address provided by Subscriber upon entering into this Agreement. It is Subscriber’s duty to promptly notify En-trak of any change in Subscriber’s email at the following email address sales@en-trak.com.
This Agreement will be governed by the laws of Hong Kong SAR, without giving effect to its rules regarding conflicts of law. This Agreement shall not be governed by, and shall be construed without regard to, the United Nations Convention on the International Sales of Goods. Each party hereby irrevocably submits to the jurisdiction and venue before the Court of Hong Kong SAR, as to any action or proceeding arising out of or relating to this Agreement, and each party irrevocably waives, to the fullest extent permitted by law, any objection which such party may now or hereafter have regarding jurisdiction and venue in such forum, and any claim that such forum is an inconvenient forum.
You may subcontract your duties or obligations in this Agreement to a third party without En-trak’s prior written consent; however, En-trak may assign this Agreement in connection with merger, reincorporation, reorganization or sale of all or substantially all of the assets and/or shares of En-trak.
All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remaining provisions will not be affected and will continue in full force and effect.
The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word including means including but not limited to.
Except for Subscriber’s obligations to pay En-trak hereunder, neither party shall be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control.
This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the parties regarding the Service and Licensed Software and supersedes all prior or contemporaneous agreements, understandings, and communication between the parties, whether written or oral. The terms and conditions listed on any purchase order that conflict with this Agreement are null and void and shall have no binding effect. This Agreement may be amended only by a written document signed by both parties.
If you have any queries, please contact us at info@en-trak.com