POS SIMPLE - TERMS & CONDITIONS

Please read the following text containing the Terms and Conditions carefully before using our POS Simple. By purchasing POS Simple, THANH CONG INTER .,JSC (or “we”) suppose that you read and agree to our POS Simple Terms and Conditions (“T&C”).

1. DEFINITIONS

1.1. POS Simple: A product developed, operated and owned by THANH CONG INTER .,JSC.

1.2. Deliverable: A tangible or intangible output of all THANH CONG INTER .,JSC Solution, including product, project, or service that is delivered to a customer. A tangible item or intangible result is delivered to customers upon subscribing to the POS Simple.

1.3. Accepted Value: For each Deliverable and its work product, the value delivered to the customer is accumulated by each step approved by the customer on the Delivery Process. This accumulated value is called the Accepted Value of the Deliverable. The remaining value that has never been approved by the Customer is called the Remaining Value of the Deliverable.

1.4. Live (Production) Environment: A Deployment Environment that is in production mode and in use by real users to conduct business activities.

1.5. Staging (Pre-Production) Environment: A Deployment Environment for testing that exactly resembles a production environment. It seeks to mirror an actual production environment as closely as possible and may connect to other production services and data, such as databases.

1.6. Development (Integration) Environment: A Deployment Environment where all developers commit code changes. The goal of this environment is to combine and validate the work of the entire project team so it can be tested before being promoted to the Staging Environment.

2. TERM OF THE T&C

The duration of this T&C (the “Term”) shall be specified in writing on conclusion of this T&C, beginning on the date of conclusion. It is automatically renewed for an equal Term, unless either party provides a written notice of termination minimum 30 days before the end of the Term to the other party.

3. COPYRIGHT

THANH CONG INTER .,JSC is the copyright holder of POS Simple and all enclosed Deliverables (collectively, “Software”). It is forbidden to publish, distribute, sublicense, or sell copies of the Software or modified copies of the Software without THANH CONG INTER .,JSC’s permission. You are not allowed to use any part of the Software as a whole or as part of any other software or product or website.

4. LICENSE

Each License is valid for 1 (one) Live Environment installation only and 1 (one) Staging Environment, both running the same setup. Any planned changes to the environment should be noted beforehand to avoid unexpected additional license fees.

For each additional or new POS Simple delivery, you are obliged to purchase a separate license of the POS Simple.

You are only allowed to customize and execute after modifications the POS Simple to fit with your using purposes. THANH CONG INTER .,JSC will not be held responsible and accountable for any incident incurred from modification and/or customization done by you, or from another party that is not under management control by THANH CONG INTER .,JSC in this T&C.

5. SERVICES

5.1. Installation

To get installation support, please provide us access to your website (including admin account and FTP/SSH info).

We just provide support for a Magento installation (01 dev site & 01 live site using the same license key).

5.2. Support & Warranty

5.2.1. Conditions. We offer support during your subscribed time once the payment is finalized. You can extend the support period by renewing your POS Simple subscription. Please provide us access to your website for support (including admin account and FTP/SSH info). Team viewer support is not accepted.

5.2.2. Scope. The support includes:

(a) answering any question related to the Software.

(b) fixing any bug/error caused by the Software which is reported by customers to make sure it works well as the demo version.

5.2.3. Out of Scope

(a) The Software is built and tested on Magento default so that support does not include fixing coding conflicts that are related to any third-party extension/theme that is installed on your site. In addition, support doesn't also include customizing our Software to fit your own needs and any request for customization will require an extra fee.

(b) The customer agrees that bugs caused by a modification or extension not provided by THANH CONG INTER .,JSC are not parts of the official warranty. We shall not be liable to the customer for those bugs. We will stop all support services immediately.

5.2.4. SLA. Customers can contact us for support by support.magestore.com and provide us your order number to request a purchase for a new product support package. SLA is 24 working hours since receiving your request.

Our working hours are from 08:00 a.m - 05:00 p.m every Monday to Friday (GMT +7) (exceptions may occur on weekends and public holidays). The response time may vary depending on the complexity of the query. Please kindly understand that all support requests on the weekend will be processed when we’re back to the office next Monday (GMT+7).

5.3. Product Update

5.3.1. Update new version. We update the POS Simple regularly to meet customers' needs and make our Software compatible with Magento's new versions. When THANH CONG INTER .,JSC publishes new versions of POS Simple, please take notice of the release note tab on the product page to get updates about the latest version.

Please remember that we do not provide free services (including free support and installation service) for updating Magento versions. Also, free services are not applied for updating Magento versions that the module does not support.

5.3.2. Module Updates and Upgrade will be differentiated by the change of product line.

Module updates are provided only to the customer's request within the support time. Update time will last about 5 (five) working days so please make sure that you have support during this period to get our assistance. For example, if you request updates on Jan 31st then we only can get back on 7th due to 2 (two) weekend days, you need to to maintain subscription during this period of time to get assistance.

For module upgrade service, you need to pay the upgrade fee of $100 to get the new package along with 1 time of implementation for this package on 1 (one) dev site and 1 (one) live site.

For example, for the Magento version which POS Simple is compatible with now (M2.3 to M2.4.6), we call it POS Simple 1.0. So if Magento updates to 2.4.7 or we update new features, we release POS Simple 1.x, you still can get this new POS package (module update) for free if you’re in the warranty time. However, if Magento releases new versions in the future that requires us to change system structure or maybe we find a new way to develop a product with better performance, we have to release POS Simple 2.x that you need to upgrade. (The features can be less or more than they are in the old version. The reason is for switching from M2.2 to M2.3 for instance, Magento itself releases the new features called MSI which made us build everything from scratch so not all features can be updated as they are in M2.2 or maybe if they're unnecessary for most of the clients, we can remove them in the new version). In this case, you need to pay $100 to get the latest package POS 2.x along with 1 time of implementation for this package on 01 dev site and 01 live site.

5.4. Customization Service

We provide Customization service for POS Simple line with one-time payment prior to implementation. If you need customization, please contact our business consultant to get another product line & support: https://www.magestore.com/book-consultation. The customer will be provided with the full information and description of each customization with hourly estimation.

If the customer approves any step in the Delivery Process, the Accepted Value of the Deliverable will not be refunded for any reason. This does not apply to customizations that have their own refund terms.

The Accepted Value of the Deliverable of each step in the Delivery Process is defined by the following steps:

• Kick-Off: 10%

• Design and Planning: 20%

• Solution Implementation and Acceptance: 40%

• Roll-out and Go-Live: 30%

6. CHARGES AND FEES

6.1. Subscription fee

When purchasing the POS Simple, we offer a $100 installation service for 1 (one) Live Environment Magento installation only and 1 (one) Staging Environment, both running the same setup using the registered license key. To get installation support, please provide us access to your website (including admin account and FTP/SSH info).

Installation offer is valid for 4 (four) weeks (equal to 20 working days) for each order upon the date of purchase. If customers contact us to install an extension which was purchased after 4 (four) weeks, we would not be able to provide the service unless you pay another installation fee for this kind of service (basically $50 per installation request for 1 (one) site so $100 for 1 (one) staging site & 1 (one) live site.

6.2. Renewal charges

If the subscription fee is not extended constantly, you cannot use POS Simple anymore.

6.3. Taxes

All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases made by you under this T&C, except when THANH CONG INTER .,JSC is legally obliged to pay or collect Taxes for which you are responsible.

7. CONDITIONS OF USING SOFTWARE

7.1. Your Obligations

During the Term, you agree to:

• pay any applicable charges for the services of the present T&C;

• take all reasonable measures to protect the files and databases and to ensure your data is safe and secure, acknowledging that THANH CONG INTER .,JSC cannot be held liable for any data loss.

7.2. Cancellation

Whenever you cancel the subscription package, you can only use POS Simple in the remaining time for the period of time you paid.

If you have any problems running, concerns about the cancellation term, or support and installation service, please kindly contact us.

7.3. Termination

THANH CONG INTER .,JSC may terminate the T&C immediately in the event the customer fails to pay the applicable fees for the services within 05 days following the due date specified on the corresponding invoice.

The sections of Confidentiality, Disclaimers, and General Provisions will survive any termination or expiration of this T&C.

7.4. Confidentiality

All information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. In particular any information related to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either party should be regarded as confidential.

For all Confidential Information received during the Term of this T&C, the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own similar Confidential Information, but not less than reasonable care.

The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure, to the extent permitted by law.

7.5. Data Protection

7.5.1. Processing of Personal Data. The parties acknowledge that the customer’s database may contain Personal Data, for which the customer is the Controller. This data will be processed by THANH CONG INTER .,JSC when the customer instructs so, by using any of the services that require a database , or if you transfer your database or a part of your database to THANH CONG INTER .,JSC for any reason pertaining to this T&C.

This processing will be performed in conformance with Data Protection Legislation. In particular, THANH CONG INTER .,JSC commits to:

(a) only process the Personal Data when and as instructed by you, and for the purpose of performing one of the services under this T&C, unless required by law to do so, in which case THANH CONG INTER .,JSC will provide prior notice to you, unless the law forbids it;

(b) ensure that all persons within THANH CONG INTER .,JSC authorised to process the Personal Data have committed themselves to confidentiality;

(c) implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure;

(d) forward promptly to the customer any Data Protection request that was submitted to THANH CONG INTER .,JSC with regard to your database;

(e) notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;

(f) notify the Customer if the processing instructions infringe applicable Data Protection Legislation, in the opinion of THANH CONG INTER .,JSC;

(g) make available to you all information necessary to demonstrate compliance with the Data Protection Legislation, allow for and contribute reasonably to audits, including inspections, conducted or mandated by you;

(h) permanently delete all copies of your database in possession of THANH CONG INTER .,JSC, or return such data, at your choice, upon termination of this T&C, subject to the delays specified in our Privacy Policy, unless THANH CONG INTER .,JSC is legally required to retain the data. In such cases, THANH CONG INTER .,JSC commits to process the personal data solely for the purposes and duration required by law.

With regard to points (d) to (f), you agree to provide THANH CONG INTER .,JSC with accurate contact information at all times, as necessary to notify your Data Protection responsible.

7.5.2. Subprocessors. The customer acknowledges and agrees that in order to provide the services, THANH CONG INTER .,JSC may use third-party service providers (Subprocessors) to process Personal Data. THANH CONG INTER .,JSC commits to only use Subprocessors in compliance with Data Protection Legislation. This use will be covered by a contract between THANH CONG INTER .,JSC and the Subprocessor that provides guarantees to that effect. Our Privacy Policy, published at link provides up-to-date information regarding the names and purposes of Subprocessors currently in use by THANH CONG INTER .,JSC for the execution of the services.

8. DISCLAIMERS

Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.

THANH CONG INTER .,JSC does not warrant that the Software complies with any local or international law or regulations.

9. FORCE MAJEURE

Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay is caused by governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.

10. GENERAL PROVISIONS

10.1. Governing Law

These POS Simple Terms and Conditions shall be governed by the laws of Vietnam.

Any dispute arising out of or in relation with this T&C, including issues concerning its existence, validity, termination, or the legal relationship established under the Agreement, shall be resolved by the Parties in good faith through negotiation and mediation. If within 30 days the negotiation or mediation fails to achieve results, any dispute arising from or related to this Agreement shall be resolved by competent People's Courts in Vietnam. All costs arising from or related to the dispute resolution process of the prevailing Party (including but not limited to: court fees, other administrative fees; travel and accommodation expenses; legal counsel and advocacy fees; enforcement fees; ...) shall be borne by the losing Party.

10.2. Severability

In case any one or more of the provisions of this T&C or any application thereof shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement and any application thereof shall be in no way thereby affected or impaired. Both parties undertake to replace any invalid, illegal or unenforceable provision of this T&C by a valid provision having the same effects and objectives.

10.3. Policy changes and updates

Please note that this POS Simple Terms and Conditions may change. We reserve the right to add, remove, change and/or modify this T&C at any time. The changes will be updated on this page and, if the changes are significant, we will provide a more prominent notice.