CWorks CMMS - low cost and free computerized maintenance management system

IMPORTANT. READ CAREFULLY. YOUR USE OF CareWorks SOFTWARE, CWORKS FREE NETBOOK AND THE CareWorks PACKAGE SERVICES™ (THE “SERVICES”) IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

This is a legal agreement ("Agreement") between 'You' and CWorks Systems Berhad ("CWS") for use of the Services™, the CareWorks Computerized Maintenance Management System (CMMS) Application; the Premium Support; and the Free Netbook.

'You' refers to the individual who registered and/or provided CWorks his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then 'You' refers to such entity. If You do not agree with the terms of this Agreement, or unable to enter into this Agreement due to whatever reasons including jurisdictional restrictions, do not use any of the Services or enter into this Agreement.

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. THE SERVICES
The Services is applicable only for each new subscription to CareWorks Package Services for a minimum period of 1-year. The Services comprise of the following services for each subscription:

1. CWorks Premium Support through out the subscription period. This shall include initial data transfer from CWorks FREE to CareWorks if needed.
2. CareWorks 1 user license per subscription, a CWorks Web base CMMS.
3. FREE Netbook - 1 unit Lenovo Ideapad S10 or any equivalent product while stock last. (For detail Netbook specification please refer to www.cworks.com.my)

The Services may be used through out the subscription period and any subsequent renewal period.

2. SUBSCRIPTION
The subscription to the Services must be for a minimum period of 12 months. You may renew the subscription upon completion of the period and enjoy the same Services accordingly. This subscription will also be deemed to be Your agreement to all the Terms of Use of CareWorks.

3. FREE NETBOOK
This Service is provided with Free Netbook on a while stock last basis. This Netbook may be used through out the subscription period and subsequent renewal periods.

Shipping and handling:
Upon confirmation of the subscription, your netbook will be delivered to you with a fixed shipping and handling fee of USD50 per subscription.

45-days delivery:
Upon confirmation of the subscription and clearance of your payment, the netbook shall be delivered to your registered shipping address within 45 days from the date of payment being cleared as elaborated under item 6 of this Terms & Condition.

48 hours CareWorks activation:
Upon your registration to subscribe to the Services, the application is ready for you to use within 48 hours or 2 business days. You will be notified via email your User ID and Password.

No Return Policy:
Because our objective is to offer a package for Users of CareWorks to enjoy the benefits of mobile maintenance by having a mobile and portable netbook which could save your traveling time and offer at the most reasonable prices, it is not possible for us to permit returns, exchanges or refunds. By eliminating the cost and time involved in processing returns we are able to offer you with the most competitive pricing.

No Warranty:
Because of the diverse warranty packages offered by the netbook supplier at various parts of the world and to enable us to supply with an alternative but equivalent item should the recommended netbook is out of stock, therefore there will be no warranty whatsoever associated to the netbook that we delivered to you.

Government Taxes or Import Duties
You shall pay any other authorities charges incurred with exception to the delivery charges which is borne by CWorks. These charges shall include levies, taxes or duties of your respective authorities.

4. EULA
Your subscription to this service is also subject to the CareWorks End-User License Agreement. Please read and understanding the terms and conditions stipulated in the CareWorks EULA.

5. CHARGES AND PAYMENT OF FEES
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User requested times the User Subscription fee currently in effect. Payments must be made annually, consistent with the Initial Term, at your election. You are responsible for paying for all User Subscriptions ordered for the entire Subscription Term, whether or not such Users are active. You must provide CWorks with valid credit card or approved purchase order information as a condition to signing up for the Service. CWorks may take additional precautionary measures in verification of all subscription and payment prior to the delivery of the services or merchandise. An authorized License Administrator may add subscription by executing an additional written Order Form or using the Online Order Registration Form. Added subscriptions will be subject to the following: (i) added licenses will be coterminous with the preexisting subscription term (either Initial Term or renewal term); (ii) the subscription fee for the added subscriptions will be the then current, generally applicable subscriptions fee; and (iii) subscriptions added in the middle of a billing month will be charged in full for that billing month. CWorks reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

6. BILLING AND RENEWAL
CWorks charges and collects in advance for use of the Service. CWorks will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary for annual subscriptions, or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User Subscriptions times the Subscription or Service Fee in effect during the prior term, unless CWorks has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. CWorks's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, based solely on CWorks's income.
You agree to provide CWorks with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, CWorks reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact us in writing within 60 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

7. RIGHTS RESERVED
CWorks reserves all rights and may change the content of the terms and conditions and offer equivalent or items of similar features and values at anytime without notice.