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Contracts & Agreements

Client Terms of Service

Product Specific Terms

Acceptable Use Policy

CLIENT TERMS OF SERVICE

 

Our Client Terms of Service is a contract that governs our Clients’ use of our services. It consists of the following documents:

General Terms: These contain the core legal and commercial terms that apply to your use of our products and services.  

Product Specific Terms: These include any additional terms that apply to your use of each of our service or product offerings, our consulting and other services, and third-party services.

Acceptable Use Policy: This is the rulebook setting out what you can and can’t do while using our products and services.

By using the Subscription Service or receiving the Specific Products, you are agreeing to these terms. 

We update these terms from time to time. If you have an active Esevel subscription, we will let you know when we update the terms via in-app notification or by email

 

GENERAL TERMS

  1. DEFINITIONS

“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Agreement” or “Client Terms of Service” means these General Terms and all materials referred or linked to in here, unless otherwise stated.  Throughout this Agreement, we link to knowledge base articles to help facilitate your use of our products and services and manage your Esevel Account;  however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement.

“Authorized Payment Method” means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.

“Billing Period” means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party“) to the other party (“Receiving Party“), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party’s Clients and potential Clients, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or 

(iv) was independently developed by the Receiving Party.

“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.

“Order” or “Order Form” means the Esevel-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Specific Products. 

“Product and Services Catalog” means our Product and Services Catalog available at https://esevel.com, as updated by us from time-to-time.

“Product Specific Terms” means the additional related terms that apply to your use of Esevel products, our Specific Products and third-party products. These terms form part of the Agreement. 

“Specific Products” means the professional services or software products provided to you by us, which may include laptop set up, retrieval, redeployment, IT helpdesk, repair service and more. 

“Subscription Fee” means the amount you pay for the Subscription Service.

“Subscription Service” means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://esevel.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you. 

“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Esevel apps available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-Esevel services.

“Third-Party Sites” means third-party websites linked to from within the Subscription Service, including Communications Services.

“User Data” means all information that you submit or collect via the Subscription Service, which may include information regarding your employees and/or users of the Subscription Service. 

“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

“Esevel”, “we”, “us” or “our” means Esevel Pte Ltd (UEN 202011247Z) a company incorporated under the laws of Singapore with its registered office at #05-16, 101 Upper Cross Street, Singapore 058357, as well as Esevel’s partners and affiliates.

“You”, “your” or “Client” means the person or entity using the Subscription Service or receiving the Specific Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the Client and your Affiliates included in the scope of your purchase.

 

  1. USE OF SERVICES

2.1  Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. We may provide some or all elements of the Subscription Service through third party service providers. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. 

2.2  Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Esevel account (if this option is made available by us). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Esevel account.

2.3  Limits. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog or designated from within the product itself. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms.

2.4  Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. For further information on our modification rights that apply to your subscription, please refer to the Product Specific Terms.

2.5  Client Support. For information on the Client support terms that apply to your subscription, please refer to the Product Specific Terms.

2.6  Acceptable Use. You will comply with our acceptable use policy at Esevel Acceptable Use Policy (“AUP”). 

2.7  Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates the terms of the AUP or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service. You will notify us promptly of any unauthorized use of your Users’ identifications and passwords or your account by immediately contact us at support[at]esevel.com. 

2.8  Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well.

2.9  Legacy Products. If you have a legacy Esevel product, some of the features and limits that apply to that product may be different than those that appear in these General Terms, Product Specific Terms and/or the Product and Services Catalog. If you have legacy Esevel products, we may choose to move you to our then-current products at any time. If you determine that you are using a legacy product and would like to upgrade to a current-version, you must execute a new Order. 

 

  1. FEES

3.1  Subscription Fees. The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you subscribe to additional device tiers (ii) you purchase or upgrade products or base packages, (iii) you subscribe to additional features or products (iv) otherwise agreed to in your Order. You can find information about how your fees may be adjusted in Product Specific Terms. 

3.2  Fee Adjustments at Renewal. Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term by giving at least thirty (30) days written notice to support[at]esevel.com 

3.3  Payment of Fees.  If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

3.4  Payment against invoice. If you are paying by invoice, we will invoice you no more than thirty (30) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within seven (7) days from the date of the invoice, unless otherwise specified in the Order Form.

3.5  Payment Information. You will keep your Authorized Payment Method, contact information, billing information up to date for the payment of incurred and recurring fees, as applicable. Changes may be made on your Billing page within your Esevel account. You authorize us to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. 

3.6  Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and other services that may be rendered by us. If you are subject to GST, all fees are exclusive of GST.  

3.7 Withholding tax. You shall make all payments under the Agreement without withholding or deduction of, or in respect of, any tax unless required by law. If any such withholding or deduction is required, you shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that it would have received if no such withholding or deduction had been required. 

3.8 Late payment interest. In the event the you do not pay an undisputed Charge in accordance with the payment terms, we shall be entitled to: 

  1. charge interest on such overdue amount from the due date for payment until the date of actual payment at the rate of 1.5% above the prime lending rate in Singapore from time to time; and 
  2. upon 30 days’ prior written notice setting out the overdue Charge and indicating our intention to exercise its rights under this clause, suspend provision of the Subscription Service. Upon payment of all overdue Charges, we shall promptly recommence provision of the Subscription Service. 

 

  1. TERM AND TERMINATION

4.1  Term and Renewal. Your initial subscription term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year. 

4.2  Notice of Non-Renewal.  Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. If you decide not to renew, you may send this non-renewal notice to us by an email with at least thirty (30) days notice at support[at]esevel.com. 

4.3  Early Cancellation.  If you are on a monthly subscription, you may choose to cancel your subscription at any time after the 6th month, provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. See the ‘Notice of Non-Renewal’ section for information on how to cancel your subscription. For avoidance of doubt, the full subscription amount is payable once the month has started. 

4.4  Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our Clients. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.

 

4.5  Suspension

4.5.1  Suspension for Prohibited Acts

We may suspend any User’s access to any or all Subscription Services without notice for use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement. 

4.5.2  Suspension for Non-Payment

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services fourteen (14) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

4.5.3  Suspension for Present Harm

If your website, or use of, the Subscription Service: 

(i) is creating a security vulnerability for the Subscription Service or others, 

(ii) is consuming excessive bandwidth or storage, or 

(iii) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service. 

We will make commercially reasonable efforts to limit the suspension to the affected portion of the Subscription Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our Clients.

4.5.4  Suspension and Termination of Free Services

We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.

4.6 Effect of Termination or Expiration.   If your paid subscription is terminated or expires, we may, at our sole discretion, continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause. You will continue to be subject to this Agreement for as long as you have access to an Esevel account. Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. For the avoidance of doubt, this refund does not include any fees owed from your use of Esevel Payments. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

 

  1. USER DATA

5.1  Client’s Proprietary Rights. You own and retain all rights to the User Data. This Agreement does not grant us any ownership rights to User Data. You grant permission to us and our licensors to use the User Data only as necessary to provide the Subscription Service and Specific Services to you and as otherwise permitted by this Agreement. 

5.2  Limits on Esevel. We will not use User Data to contact any individual or company except as you direct or otherwise permit. We will use User Data only in order to provide the Subscription Service and Specific Services to you and only as permitted by applicable law and this Agreement. 

5.3  Data Practices and Machine Learning. 

5.3.1 Usage Data. We may collect information about you and your Users when you interact with the Subscription Service as permitted by the Agreement. 

5.3.2 Machine Learning. We may, as permitted by this Agreement, use User Data in an anonymized manner for machine learning to support certain product features and functionality within the Subscription Service.

5.3.3 Privacy Policy. For more information on these practices, please see our Privacy Policy.

 

  1. INTELLECTUAL PROPERTY

6.1  This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. We retain all intellectual property rights to the Subscription Service, the Specific Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Subscription Service, or the Specific Services in whole or in part, by any means, except as expressly authorized in writing by us. You may not use any of our trademarks without our prior written permission.

6.2  We encourage all Clients to comment on the Subscription Service or Specific Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Specific Services, without payment or attribution to you.

 

  1. CONFIDENTIALITY

7.1 The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Specific Services), and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

7.2  The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) the Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the Disclosing Party refuses to provide their consent or fails to respond to the Receiving Party’s inquiries in connection with the request to disclose the Confidential Information.

 

  1. PUBLICITY

You grant us the right to add your name and company logo to our Client list and website. You can opt-out of this use by emailing us at support[at]esevel.com. 

 

  1. INDEMNIFICATION

You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of 

(a) unauthorized or illegal use of the Subscription Service by you or your Affiliates, 

(b) your or your Affiliates’ noncompliance with or breach of this Agreement, 

(c) your or your Affiliates’ use of Third-Party Products, or 

(d) the unauthorized use of the Subscription Service by any other person using your User information. 

We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 

  1. DISCLAIMERS; LIMITATION OF LIABILITY

10.1 Performance Warranty. We warrant that: (i) the Subscription Service and Specific Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services.

In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the “Remedy Period”), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period.  If you terminate the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement. 

We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.

THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.

10.2 Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE ‘PROTECTION OF CLIENT DATA’ SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE OR THE SPECIFIC SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE AND SPECIFIC SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE SPECIFIC SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10.3  No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY; PROVIDED THAT, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.

10.4  Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS. 

10.5  Third Party Products. WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

10.6  Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.

 

  1. MISCELLANEOUS

11.1  Amendment; No Waiver. We may modify any part or all of the Agreement by posting a revised version at our website.  The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification.  If you would like to receive an email notification when we update the Agreement, complete the form found at 

If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the current terms posted at the website will apply.  However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement. 

No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

11.2  Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

11.3  Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

11.6 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

11.7  Notices. To Esevel: Notice will be sent to the contact address herein: 101 Upper Cross Street #05-16 Singapore 05835.

To you: your address as provided in our Esevel Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

11.8  Entire Agreement. This Agreement (including each Order), along with our Privacy Policy at on our website is the entire agreement between us for the Subscription Service and Specific Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service. 

11.9  Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of ours. We may assign this Agreement to any Esevel affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

11.10  No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

11.12  Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.

11.15  Survival. The following sections will survive the expiration or termination of this Agreement: ‘Definitions’, ‘Fees’, ‘Prohibited and Unauthorized Use’, ‘Early Cancellation’, ‘Termination for Cause’, ‘Suspension for Prohibited Acts’, ‘Suspension for Non-Payment’, ‘Suspension for Present Harm’, ‘Suspension and Termination of Free Services’, ‘Effect of Termination or Expiration’, ‘Intellectual Property’, ‘Client’s Proprietary Rights’, ‘Confidentiality’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Miscellaneous’ and ‘Contracting Entity and Applicable Law’. 

11.16  Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of the Order will control, but only as to that Order.

PRODUCT SPECIFIC TERMS


The Esevel Product Specific Terms are intended to highlight some of the important things about using our different Products. The Product Specific Terms form part of the Esevel Client Terms of Service and are hereby incorporated therein.

If you are using any of the Specific Products described below, the terms corresponding to those Specific Products apply to your use. 

  • ANNEX A: LAST-MILE IT SERVICE
  • ANNEX B: HARDWARE SUPPORT 
  • ANNEX C: REMOTE IT SERVICE DESK

  1. DEFINITIONS

“Applicable Law” means any of the following, to the extent that it applies to a party or any subcontractor: 

(a) any statute, regulation, by law, ordinance or subordinate legislation in force from time to time; 

(b) any binding court order, judgment or decree; and 

(c) any applicable industry code, guidelines, policy or standard. 

“Charges” means the fees and charges payable by you for access to and use of the Esevel Platform and the Specific Product(s), as set out in the Order or on the Esevel Platform. 

“Devices” means the laptop, IT peripherals and other hardware and equipment listed by you on the Esevel Platform. 

“Esevel Platform” means the online platform made available by us at https://esevel.com or such other site as we may determine from time to time. 

“Logistics Charge” means the logistics and associated charges incurred or to be incurred pursuant to the performance with one or more Specific Products. 

“Product Description ” means the description of the Specific Product as provided on the Order or via the Esevel Platform or such other document as we may provide from time to time. 

“Remote IT Service Desk” means the remote IT service desk managed by us.

“Start Date” means the commencement date of each Service as specified in the Service Order or the Esevel Platform, as applicable. 

  1. CONTRACTUAL FRAMEWORK 

1.1  Application. The Specific Products may be ordered one-off or on a subscription basis as described in this Terms and the applicable Order. We may provide some or all elements of the Specific Product through third party service providers. You must ensure that all access, use and receipt by your Users is subject to and in compliance with these Terms.

1.2 Incorporation. Each request for a Specific Product incorporates the Product Specific Terms and any applicable service description on the applicable Order (together forming an agreement). This agreement is only binding once the request for Specific Product is accepted by us. 

1.3 Order process. To obtain service, you shall order the Specific Product through the Esevel Platform.

 1.4 Duration of Specific Product. Each Specific Product shall commence on the Start Date and continue until the term indicated on the applicable Order (and if no such term is indicated, for thirty (30) days). 

1.5  Hours of operation. Unless stated otherwise, Specific Products are available 9am-6pm Monday to Friday (GMT +8), excluding Public Holidays in the countries where the Specific Products are provided.

  1. PROVISION

2.1 Warranties. We warrant that: 

  1. We shall use our reasonable endeavors to commence performance of each Specific Product upon the specified Start Date or as agreed in writing with you (including via the Esevel Platform);
  2. From the applicable Start Date, the Specific Product shall materially confirm to the applicable Product Description;
  3. We shall perform the Specific Product using suitably qualified and experienced personnel; and
  4. We shall perform the Specific Product in accordance with generally accepted industry practice. 

2.2 Exclusion of warranties. Other than as expressly set out in these Terms, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law (including but not limited to, any warranty regarding fitness for purpose, quality, merchantability or noninfringement) are, to the fullest extent permitted by Applicable Law, excluded. 

2.3 Your obligations. You shall: 

  1. comply with all obligations and responsibilities allocated to you, or to your employees or personnel, as specified in the applicable Product Description(s); and
  2. provide all cooperation and assistance to us as we may reasonably request to enable us to provide the Specific Product in accordance with these Terms.

2.4 Extension of time. To the extent that we are unable to comply with any obligation, or are delayed in complying with any obligation, as a result of any act or omission by you, we shall be entitled to an extension of time equivalent to the delay caused by such act or omission. 

  1. LOGISTICS AND SHIPMENTS 

3.1 Logistics and shipment. Certain Specific Products may incur Logistics Charge. These Logistics Charges are separate from the Charges on the Esevel Platform. 

3.2 Logistic Charges. The Logistics Charges are specified on the Esevel Platform and if you order the Specific Products, you agree that you are liable for the Logistics Charge. In some cases, the Logistics Charges may be quoted by us outside of the Esevel Platform. You agree to reimburse us for all such charges and you further agree and acknowledge that any such charges are estimates only, are subject to change, and you are responsible for the actual shipment charges assessed by the carrier. 

3.3 Shipment estimates. You agree and acknowledge that the shipment time frame and estimated delivery dates provided by us are estimates only and may be impacted by factors such as the performance and terms of the shipping carrier.

3.4 Inaccessible locations. There may be certain locations that are not accessible by our couriers. You agree and acknowledge that in such cases, we will be unable to perform logistics service, and will engage with you to find a mutually agreeable solution. 

3.5 No violation of laws. You represent and warrant that your approval of any shipment of the Devices will not result in the violation of any applicable laws, rules or regulations. You agree to follow all instructions provided by us or our agents in connection with each shipment of the Devices.

3.6 Not responsible. We shall not be responsible or liable for any errors or omissions in the information that you or your Users provide to us in connection with the shipment of the Devices. 

3.7 Loss or damage. You agree that you shall be solely responsible and liable for any loss or damages that result from: 

  1. a Device delivered to the incorrect address due to an error by you or your Users; 
  2. a Device that is damaged, lost or stolen while in your possession or the the possession of your employees, agents or officers; and/or 
  3. a Device that is damaged as a result of improper packing by you or your Users. 

3.8 Insurance. While we may purchase insurance for the shipment of the Device, you agree and acknowledge that the insured amount may not be recoverable or cover the full commercial value of the Device. We strongly encourage you to purchase insurance for the value of the Device for shipment. You agree and acknowledge that we shall not be responsible or liable for any damage, loss or theft of the device during the shipment process, that is not a result of our negligence or that of our employees or agents. 

  1. CHARGES

4.1  Charges. The Charges applicable for your access to and use of the Specific Products Service are as set out on the Esevel Platform. The Charges are subject to change and may be updated on the Esevel Platform from time to time. 

4.2 Invoice. We shall be entitled to invoice you at such intervals as specified in the Service Order or on the Esevel Platform. We shall issue a single statement in respect of all Charges during the applicable charging period. You agree that our invoices under such statement may be issued by us or an affiliate, and any invoice issued by an affiliate shall be as valid as though issued by us under these terms. 

  1. TERMINATION 

5.1 Separate termination required. Termination or expiry of the Terms shall not terminate any other agreements then in force. Termination of any one or more agreements shall not terminate any other agreements. 

 

ANNEX A: LAST-MILE IT SERVICE

This Product Description applies to the provision of a Last-Mile IT Services by us. If you request the provision of such services, this Product Description forms part of and is incorporated into the Agreement between us. 

  1. OVERVIEW

1.1 Scope of service. The Last-Mile IT Services includes the following services, as may be further described on the Esevel Platform: 

  1. Set up of the Device (“Setup”) and delivery to Users; 
  2. Retrieval, report and redeployment of Devices (“Redeployment”);
  3. Retrieval, report and storage of Devices; 
  4. Retrieval and disposal of Devices;
  5. Certified disposal of Devices;
  6. Storage of Devices; 
  7. Handling of repairs for Devices; and 
  8. Rental of loaner devices. 
  1. SETUP AND REDEPLOYMENT

2.1 Scope of Service. Setup and Redeployment includes the following functionality, as may be further described on the Esevel Platform: 

  1. Device provisioning. We may configure and deploy Devices for your Users; and 
  2. Device redeployment. We may wipe, reformat, configure and redeploy laptops or other equipment for the your Users;

(collectively known as “Device Provisioning”). 

2.2. Order. To order Device Provisioning, you:

  1. shall inform us of the configuration and applications required for Device Provisioning; and
  2. shall order Device Provisioning through the Esevel Platform. 

2.3. You agree and acknowledge that:   

  1. In connection with Device Provisioning, we may install certain third party software on behalf of you on such Devices; 
  2. You shall ensure you have all necessary rights, including all applicable software licenses, for the Device Provisioning; 
  3. We are not responsible or liable for any such third party software installed on such Devices, or any failure of such software to meet your expectations; and
  4. If you instruct us to purchase or utilize licenses on your account with the applicable third party provider, you agree to add us to your account as necessary and otherwise hereby grants us the authority to engage in such purchases or utilization on your behalf. 

2.4 Access to Data. 

  1. You acknowledge and agree that the Device Provisioning shall not permit us to access any data (including personal data) or confidential information that belongs to you and/or your Users. 
  2. You shall take all necessary steps to ensure that we are not able to access such data or information 

  1. OFFBOARDING 

3.1 Scope of Service. Offboarding includes the following functionality, as may be further described on the Esevel Platform: 

  1. Retrieval of Device from you or your Users; 
  2. Factory reset of the Device;  
  3. Basic sanitization of the Device; 
  4. Running a hardware diagnostics check on the Device; 
  5. Issuing a report on the condition of the Device (“Report”); 
  6. Storage of the Device and /or Redeployment and/or disposal of the Device. 

(collectively, “Offboarding”)

3.2 Location of service. Offboarding shall take place in facilities operated by us or our third party service providers, or such other location as mutually agreed with you. 

3.3 Data loss. You agree and acknowledge that: 

  1. We shall be using third party software to wipe data and run diagnostics checks on the Device; 
  2. When we wipe the Device, any data installed or saved to the Device will be erased; and
  3. We are not responsible for any loss of data or damage of files that may occur with Offboarding.

  1. STORAGE

4.1 Scope of Service. Storage includes the following functionality, as may be further described on the Esevel Platform: 

  1. You may, from time to time, request us to receive, store and keep track of your Devices (“Stored Devices”) in facilities operated by us or our third party service providers (“Storage Facility”); and
  2. Upon acceptance of your request, we shall store and keep track of the Stored Devices in the Storage Facility. 

4.2 Storage Facility. We warrant that the Storage Facility shall: 

  1. have an environment suitable for the storage of electronic devices; and
  2. have reasonable security precautions for the storage of the Stored Devices. 

4.3 No visitation. We shall, upon your request, provide the address and pictures of the Storage Facility for your information. You agree and acknowledge that the Storage Facility is for the purpose of storing the Stored Devices, and shall refrain from visiting the facility, including to deliver or pick up Stored Devices. 

4.4. No violation of laws. You represent and warrant that your approval of any storage of the Stored Devices will not result in the violation of any applicable laws, rules or regulations.

4.5 Retrieval. We shall retrieve a specified Stored Device at your request and you shall provide at least 3 business days notice to request such retrieval (“Retrieval”). 

4.6. Charges. 

  1. For orders of 1.1(c) Retrieval, Report and Store, we shall provide 1 month storage at the Storage Facility without charge. 
  2. For other orders, storage shall be charged as indicated on the Esevel Platform and the minimum charge for storage is 1 month. 

  1. LOANER DEVICE

5.1 Scope of Service. Loaner device includes the following functionality, as may be further described on the Esevel Platform: 

  1. You may order a loan of a laptop (together with its corresponding packaging and accessories including its charger) (“Loaned Device”); and 
  2. Subject to availability, we shall issue a Loaned Device to you or your User to the registered address.

5.2 Loan Duration. The loan duration shall start counting from the date the Loaned Device is received by you or your User and shall end on the date the Loan Device is shipped out from yours or your User’s premises to be returned to us. 

5.3 You shall:

  1. ensure your User takes all reasonable precautions to care for and maintain the Loaned Device; 
  2. ensure your User does not tamper with the Loaned Device;  
  3. immediately notify us if the Loaned Device is lost, damaged or stolen; and file a police report with the relevant authority; 
  4. be responsible for any repair or replacement of the Loaned Device due to any loss, damage or theft;  
  5. ensure that the Loaned Device is returned to us in a timely manner, when the loan duration ends; and
  6. ensure your User returns the Loaned Device to us in the same condition as when the User first received the Loaned Device. 

5.4 You agree and acknowledge that: 

  1. We wipe the Loaned Device after each use and anything installed or saved to the device will be erased; 
  2. We are not responsible for any loss of data or damage of files that may occur with the use of the Loaned Device;  
  3. We are not liable for damage or loss of data caused by viruses that may exist on the Loaned Device or are spread through the network or from software malfunctions; 
  4. We are not liable for damage to external drives or other devices plugged into the laptop; and 
  5. If, after our inspection, it is reasonably determined that that Loaned Device was damaged, and/or that accessories or peripherals which were issued with the Loaned Device were not returned, you will be charged replacement costs (which shall not exceed the retail price of the Loaned Device).  

ANNEX B: HARDWARE SUPPORT

This Product Description applies to the provision of a hardware support subscription by us. If you request the provision of this product, this Product Description forms part of and is incorporated into the agreement between us. 

  1. OVERVIEW

1.1 Scope of service. Hardware support includes the following services, as may be further described on the Esevel Platform: 

  1.  Hardware diagnostics and remote troubleshooting and assistance by the Remote IT Service Desk (“Initial Diagnostics”); and
  2. Providing a single point of contact and collaborative assistance to arrange and facilitate shipment and communication between you or the User, and the authorized service center for the Device (“Service Center”).

(collectively, “Hardware Support”). 

1.2. Ordering support. You and/or Users shall contact us in the following ways: 

  • Service tickets: Log into the Esevel Platform and raise a ticket. 
  • Esevel Slack app (if installed): Log into Slack and raise a ticket via the app
  • Email: Send an email with a detailed description of the request for support to itsupport@esevel.com 

 1.3 Hours of operation. The Remote IT Service Desk is available 9am-6pm Monday to Friday (GMT +8).  

  1. ADMINISTRATION

2.1. Administration. Following the Initial Diagnostics, if required (as determined by us and agreed to by you): 

  1. We shall arrange shipping for the device in question to receive support by the Service Center; 
  2. We will provide shipping directions to package the Device for shipment;
  3. We will act as a single point of contact to facilitate communication, including the quotation for repairs (if any) between you and the Service Center; and 
  4. Upon resolution, we will arrange shipping to package and mail the device to the User at the User’s registered location.   

2.2 Consent required. If the Service Center determines repair is required and this falls within the Device warranty, you agree and acknowledge that we shall proceed with the repair without needing to obtain further authorization from you. If the repair falls outside the Device warranty, or the Device is not under warranty, and additional charges are required, we shall notify and seek your approval prior to proceeding with the repair. 

  1. RESOLUTION AND REPORTING PROCESS

3.1. Ensure entitled to repair. In order to receive the benefit of the Hardware Support, you shall ensure the Device is under warranty and/or is otherwise entitled to receive servicing from the Service Center.

3.2 You shall ensure that Users: 

  1. have the necessary permissions to enable us to access and use the Device; 
  2. have the necessary permissions to enable us to attend their registered location for collection; 
  3. cooperate with, and follow the reasonable instructions of the Remote IT Service Desk or our account manager;
  4. have the necessary permissions to allow us to remotely connect to the Device or system as required to remotely diagnose and/or troubleshoot the Device;
  5. is present at their registered location, at the agreed time, for the pick up and/or delivery of the Device; 
  6. completes a back-up of all data, information, software and other applications on the Device prior to the remote troubleshooting. 

3.3 Removal of information. You shall also ensure Users remove any confidential, personal or other proprietary information from the Device as well as any removable media, prior to the Device being collected to the Service Center. 

 

  1. EXCLUSION

4.1 Exclusions. You agree and acknowledge that we are acting as a single point of contact to facilitate communication between you and the Service Center, pursuant to the following:

  1. We will engage with the Service Center to register the issue, and will monitor the issue and update on status, proposed resolutions and cost of repairs (if any); 
  2. We exclude any and all responsibility or liability for the performance of the Service Center’s services and/or any replacement parts or product that may be used in the course of such service; 
  3. We do not warrant that any issue with the Device will be resolved; and   
  4. You acknowledge and agree that resolutions may not be available from the Service Center. You accept that where no resolution is available – or where the resolution is unacceptable to you – that our obligation to provide collaborative support is still fulfilled.

     

  1. CHARGES

5.2 Exclusion from Charges. For the avoidance of doubt, charges and associated charges related to the repair by the Service Center, and Logistics Costs are separate and excluded from the Charges.   

ANNEX C: REMOTE IT SERVICE DESK

This Product Description applies to the provision of a Remote IT Service Desk by us. If you request the provision of the Remote IT Service Desk, this Product Description forms part of and is incorporated into the agreement between us. 

  1. OVERVIEW 

1.1. Scope. The Remote IT Service Desk provides support to you and/or your Users who require assistance in the following areas: 

  1. Remote troubleshooting and hardware diagnostics assistance; 
  2. OEM Supported Software Support (defined below);
  3. Support for preliminary network connectivity requests; 
  4. Coordination or implementation of collections for repairs at authorized service centers; 
  5. For requests that fall outside the scope of service, escalation management through the creation of requests and/or tickets for escalated support to you; and
  6. Case management regarding yours and/or your User’s incident to help track, progress and close the issue.

1.2. Contacting us. You and/or your Users shall contact us in the following ways: 

  • Service tickets: Log into the Esevel Platform and raise a ticket. 
  • Esevel Slack app (if installed): Log into Slack and raise a ticket via the app
  • Email: Send an email with a detailed description of the request for service to itsupport@esevel.com 

1.3 Hours of operation. The Remote IT Service Desk is available 9am-6pm Monday to Friday (GMT +8).

  1. RESPONSE TIME

The Remote IT Service Desk shall make reasonable efforts to resolve issues at the time of the service request. For requests not resolved at the time of the ticket, we shall log and assign priorities based on the below levels: 

Priority

Definition

Response Time**

Resolution Time***

Priority*

Laptop intermittently fails to work, causing the user to have his / her activity interrupted frequently, to the extent that the user’s productivity is impacted. 

Within 2 working hours 

Within 3 business days 

Non-
Priority

User can continue with his / her activity with intervention and/or workaround. However, if the issue is not rectified in a timely manner, the user’s productivity will be significantly affected.

Within 4 working hours 

Within 9 working days 

*In the event that a temporary workaround has been implemented, both parties shall agree to a permanent fix and timeframe before proceeding with implementation. 

** Tickets received after 4pm (GMT+8) shall be assigned to the next working day.

*** Resolution time shall start counting from the time full diagnostic information is provided by the User. Resolution shall also include the provision of a solution that bypasses the issue.

  1. RESOLUTION AND REPORTING PROCESS

3.1. Remote troubleshooting. Post completion of the initial troubleshooting, if required (as determined by us), we will remotely attempt to address and resolve the User’s issue.

3.2. Resolution by service center. Post completion of the initial troubleshooting, if required (as determined by us and agreed to by the you and/or your User): 

  • Subject to Clause 3.4 of the Product Specific Terms, we will arrange a collection service for the device in question to receive support at an authorized service center (“Service Center”); 
  • We will provide shipping directions to package the product for shipment to us or the Service Center;
  • Any delay in packaging or shipping the Device will result in a delayed response; 
  • Upon resolution, we will package and ship the Device to the User at his / her registered location; and
  • You will be liable for the shipping cost associated with the above service. 

  1. OEM SOFTWARE SUPPORT 

5.1 Types of supported software. OEM Supported Software means the following: 

  • Microsoft Office 
  • Driver installation
  • Selected antivirus software 
  • Selected backup software 
  • Selected online conferencing software (Teamviewer, Microsoft Teams, Google Meets, Zoom)

And such supported software as we may define from time to time. 

5.2 Support inclusion. OEM Support Software Support includes us providing a single point of contact and collaborative assistance by engaging with the original equipment manufacturers (“OEM”) on OEM Supported Software concerns, pursuant to the following: 

  1. We shall provide operating system and setup assistance associated with the OEM Support Software (Setup Assistance only includes: support of OEM Supported Software, basic / how-to questions; feature definition questions and OEM available fix / patches assistance and implementation); 
  2. We shall act as a single point of contact to facilitate communication between Users and the OEM; and 
  3. Until the issue is identified, isolated and escalated to the OEM, we will engage with the OEM to register the User’s issue. We will then monitor the issue and update on status and proposed resolutions.

5.3 Agreement. You agree and acknowledge that: 

  1. It is a precondition to the service that you must have all necessary licenses and support agreements in place with the OEM; 
  2. We exclude any and all responsibility or liability for the performance of the OEM’s software, products or services; 
  3. We do not warrant that any software issue will be resolved; and  
  4. You understand and agree that resolutions may not be available from the OEM. You accept that where no resolution is available, or where the resolution is unacceptable to you, that our obligation to provide collaborative support is still fulfilled. 

  1. YOUR OBLIGATIONS 

6.1. Your obligations. In order to receive the benefit of the Remote IT Service Desk, you shall ensure that your Users: 

  1. Have the necessary permissions to enable us to access and use their device; 
  2. enable us to arrange collection from their registered location (if repair services are required) 
  3. cooperate with, and follow the reasonable instructions of our engineer or account manager;
  4. have the necessary permissions to allow us to remotely connect to their device or system as required to remotely troubleshoot the Device;
  5. have, and maintain, all necessary licenses and support agreements in relation to the OEM Supported Software;
  6. maintain the latest minimum release levels or configurations required for the OEM Supported Software; and
  7. completes a back-up of all data, information, software and other applications on their Device prior to any service. 

6.2 Removal of information from device. You shall also ensure your Users remove any confidential, personal or other proprietary information from their Device as well as any removable media. 

  1. EXCLUSION FROM SUPPORT

The following are excluded from the scope of the service: 

7.1 Installation or uninstallation service. We will only provide this service as part of troubleshooting, for devices that requires reinstallation from PC reset / reformatting; 

7.2 Relocation service

7.3 Training service

7.4 Cosmetic damage

7.5 Support of accessories 

7.6 Third party product or software support outside of OEM Supported Software 

7.7 Removal of software, spyware, malware or other virus or malicious software. We will only provide this service as part of troubleshooting, for devices that requires reinstallation of operating system or software

7.8 Back-up service

7.9 Advanced wireless, networking or remote installation, set up or optimization service 

7.10 Scripting, programming, software or database design, implementation, development or other programming support 

7.11 Uninterrupted or error-free operation of a product

7.12 Loss of, or damage to User’s or your data;

7.13 Failure of, or damaged caused by, any third party products, including those that we may provide or integrate into the Device at the request of the User or you;  and

7.14 Peripheral or third party products, even if installed by Esevel

  1. WARRANTIES

We warrant that the service will be performed with reasonable care and skill. 

ACCEPTABLE USE POLICY


From the effective date and subject to payment of the relevant Charges, we shall permit you and your Users to access and use the Esevel Platform in accordance with the tier of access specified in the Order. 

  1. Esevel Platform functionality

The Esevel Platform provides the functionality described on the Esevel Platform and / or as provided by us at request, and depends on the tier of access selected. The tier of access is selected by you and shall be enabled for all your Users. Refer to the Order for further information. 

  1. Access to the Esevel Platform

2.1 You shall be given or enabled to create a username and password for your Users. You shall, and shall ensure that each User shall, keep and maintain the confidentiality of all passwords. You shall be responsible for all use of the Esevel Platform by your Users, whether or not such use is authorized. 

2.2 You shall not, except as may be permitted under the Agreement: 

  1. allow or permit any User to share their username and password, or use anyone else’s username and password; or 
  2. use the Esevel Platform to provide services to third parties. 

2.3 We do not warrant that your use of the Esevel Platform will be uninterrupted or error-free or that the Subscription Service and/or the Specific Product and/or the information obtained by you through the Esevel Platform will meet your requirements. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Esevel Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 

  1. Your obligations

You shall: 

3.1  use all reasonable endeavors to prevent any unauthorized access to, or use of, the Esevel Platform and, in the event of any such unauthorized access or use, promptly notify Esevel; 

3.2 ensure that your network and systems comply with the relevant reasonable specifications provided by Esevel from time to time; and 

3.3 be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to  your network connections or telecommunications links or caused by the internet.

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