Acceptance and Limitations – hardware installations are not the Company’s responsibility.
Confidentiality Clause – Both parties agree not to disclose confidential information to third parties. Confidentiality survives termination, and an NDA is executed.
Call Ticket – refers to a customer’s request, issue or inquiry. This includes a description of the problem, the urgency or priority level and other relevant information. A Call ticket should be assigned to a person who will resolve the issue. One Call Ticket might include several historical communication between the Support Team and the Customer. To be recognized as a chargeable Call Ticket such call ticket should have a resolution and documentation.
Customization Requests – The Company will not entertain requests for customization unless a separate quotation and contract exclusively addressing customization are executed. If the customer hesitates to commit to payment, the Company reserves the right to consider such requests as feedback for potential future updates.
Data Backup – creating and storing duplicate copies of customer data to prevent loss or corruption, typically for recovery in case of data failures. It specifies that activities related to data backup, as well as other measures aimed at securing customer data from corruption and data failures, are not covered by the warranty.
Data Encoding – The Company offers assistance to the Customer in the process of data encoding, which involves inputting or transforming data into a suitable format for the system at an additional cost.
Data Migration – The Company may provide aid to the Customer in migrating data, suggesting a transfer of existing data to the new system at an additional cost.
EasyPOS Software – The Software pertains to a Point-of-Sale (POS) Software License which is accredited with the Bureau of Internal Revenue.
Grace Period – If no payment, signed quotation, and signed memorandum of agreement for renewal are received by the expiration date, a seven-day grace period is granted to the client. During this period, the client can submit the payment for renewal without penalties or service disruptions.
Hardware – refers to the computer’s tangible components or delivery systems that store and run the written instructions provided by the software.
Installation – delivery of the product/service within at least five (5) working days. The timeline excludes processing forms of accreditation required by government or private entities. The Company is responsible for setting up the dedicated domain and access credentials. Data encoding and migration assistance are optional and incur an extra cost.
Metro Cebu – is defined as all locations bounded by Mandaue City in the North, Cebu City, Lapu-lapu City Mactan Island up to Talisay City in the South.
Metro Manila – defined as all locations bounded by Caloocan City in the North (of Makati), Manila in the West, Marikina City in the East and Alabang (South of Makati).
Payment Terms – 50% down payment upon agreement signing and a 50% balance with a post-dated check issued thirty (30) days after the agreement signing.
Penalties and Indemnities – Late fees apply for delayed payments. Both parties indemnify each other against third-party breaches.
Project Completion – After installation and training, a Certificate of Completion is issued. Payment and issuance of post-dated checks are required at this stage.
Price – composed of the annual cost of the software, a year of license, one time training fee and VAT inclusive. Additional user licenses incur a separate fee.
Service Level Agreement (SLA) – It refers to a document that outlines a commitment between the Company and the Customer, including details of the service, the standards the Company must adhere to, and the metrics to measure the performance.
Software – refers to a set of configurations, data or programs used to operate computers and execute specific tasks.
Software LIcense – grants the customer the right to use the software for a specified period.
Support – one (1) year of warranty and support after the Certificate of Completion is issued. Support includes a Call Center, two (2) hours of phone support, and response times defined in the Service Level Agreement.
Suspension or Termination – If no payment is received within the seven-day grace period, Human Incubator Inc. reserves the right to suspend or terminate the cloud services provided under the contract.
Term – The period during which the Agreement is legally binding, beginning upon signing and lasting for one year, unless terminated earlier as specified in the agreement.
Training/Retraining – refers to an action of teaching someone on how to use the machine provided with specific hardware and software requirements. Core group users receive training, and subsequent users are trained by the core group. Onsite training is available at an additional fee. Re-training is possible with associated fees and conditions.
a. The Company’s projected timeline and full delivery of the product/service will take at least Fourteen (14) working days. The timeline does not include the processing of any forms of accreditation of the Software, which may be required by government agencies or private entities.
b. Note that only the latest version of the EasyPOS software will be supported by the Company. Support for previous versions will no longer be accommodated.
Requirements for the easyPOS software to appropriately function according to its specifications.
Minimum Specifications:
– at least Core i5 11th Gen Intel Processor
– 8GB RAM
– 500GB SSD
– Windows 11 Professional
– Wired Internet Connection
Recommended Specifications:
– at least Core i7 13th Gen Intel Processor
– 16 GB RAM
– 500 GB SSD
– Windows 11 Professional
– Wired Internet Connection
c. Implementations outside Metro Manila and Metro Cebu
For all installations outside of Metro Manila and Metro Cebu, the Customer will shoulder all incremental charges including but not limited to the following: transportation or air fare, hotel board and lodging, meal allowances, per diem allowances, and other direct or indirect charges to be incurred by HUMAN INCUBATOR INC. personnel. (Per Diem: Php 1,500.00 / day)
d. The Customer has the option to avail the Company’s assistance in its data encoding and data migration tasks at an extra cost.
a. Training will be provided to core group users limited only to the number of users per software package. The core group users are going to be certified and will be given all administrative rights and privileges of the system including access to Call Center Support Service. The core group users will then train succeeding/additional users. Training will be done online. An onsite training can be arranged upon request and is subject to an additional fee.
The training will take five (5) man-days, with one man-day defined as Eight (8) hours of training. Should the training exceed the allocated hours due to delay that may have been caused by the customer or the customer opted to request additional training, the customer shall pay Php6,000 per man-day in excess of the standard training period.
b. If the training is to be conducted onsite, the customer is required to fulfill the payment obligations associated with the onsite training. These fees encompass the following components: a per diem fee of Php1,500.00 per person, transportation, accommodation costs if the training is scheduled outside the areas of Metro Manila and Metro Cebu, and any additional fees relevant to the customer’s specific requests.
c. After delivery of the project, the client may request re-training, subject to the following conditions and fees:
i. Online Re-training: If the re-training is conducted online, the client shall pay a fee of Php 6,000.00 per man-day.
ii. Onsite Re-training in Metro Area Locations: If the re-training is conducted onsite within Metro Manila or Metro Cebu, the client shall be responsible for paying the re-training fee of Php 6,000.00 per man-day, along with a per diem fee of Php 1,500.00 per person, and any other fees associated with the customer’s specific requests.
iii. Onsite Re-training in Non-Metro Area Locations: If the re-training is conducted onsite outside Metro Manila or Metro Cebu, the client shall be responsible for paying the re-training fee of Php 6,000.00 per man-day, along with a per diem fee of Php 1,500.00 per person. In addition to these fees, the client shall cover transportation and accommodation costs, and any other fees associated with the customer’s specific requests.
iv. The client shall notify the Company in writing of their intention to request re-training and shall make the necessary arrangements for scheduling and payment. The service provider will coordinate with the client to determine the availability of trainers and the logistics required for the re-training sessions.
Both parties shall mutually agree upon the dates and duration of the re-training sessions, taking into consideration the availability of trainers, the client’s requirements and the full payment before the actual re-training is conducted.
The terms and conditions outlined in this clause shall apply specifically to re-training requests made by the client after the delivery of the project.
a. Warranty
The Company will render free one (1) year warranty and support of the products/services installed/rendered to the Customer after delivery of the Certificate of Completion. After the warranty period expires, the Customer will be automatically enrolled to the Business Continuity Service (BCS) per year and be charged with the amount below:
The hardware is inclusive of free maintenance from the supplier upon the time of purchase by the Customer and is covered by the supplier’s warranty as defined below:
POS Hardware, one (1) year warranty
Printer and peripherals, one (1) year warranty
Cash Drawer, three (3)months warranty
Note: Refer to the separately attached copy of the warranty from the supplier.
Beyond one (1) year, a separate maintenance proposal for POS machines and other peripherals shall be submitted to the Customer for review and approval.
Should there be any new major version releases of the Software, the Customer shall have the option whether to avail of the same or not. The Customer acknowledges that should it choose to upgrade the Software, it would have to pay the actual price subject to allowable discounts offered by that time, if any.
Should the Customer decide not to upgrade the Software, the Customer acknowledges that it may continue to use the originally purchased version of the Software for two (2) years with payment of the Business Continuity Service Fee (BCS), but that support and maintenance for the originally purchased version of the Software shall cease after the two (2) year period. Thereafter, the Customer would have the option to either upgrade the Software to the latest version or cease using the Software.
Note that only the latest version of the EasyPOS software will be supported by the Company. Support for previous versions will no longer be accommodated.
b. Support
A Call Center support stationed at the Company to provide technical phone support (9:00am to 9:00pm) Monday to Sunday including Holidays.
This agreement shall cover unlimited use of Call Tickets for the first two (2) months upon signing of the contract. While, subsequent months shall cover free four (4) Call Tickets only. In excess thereof, the Customer will be charged Php3,500 per Call Ticket.
(i) Monday to Friday: 9 AM to 6 PM – Our Call Center support is available during these hours to assist with various types of issues as defined in Service Levels 1, 2 and 3. You may refer to the Service Level Agreement (SLA) for more details.
(ii) Monday to Friday: 6 PM to 9 PM, Weekends, and Holidays – Our Call Center support is available during these hours to assist with issues as defined in Service Level 1. However, for specific issues as defined in Service Levels 2 and 3, clients will need to wait for the regular working days (Monday to Friday, 9 AM to 6 PM) for prompt resolution. You may refer to the Service Level Agreement (SLA) for more details.
1. Two-hour (2-hr) hours phone support will be conducted for verification of the support call logged at the Company Call Center. If the problem could not be remotely addressed, a Technical Engineer will be deployed on site to conduct testing and repair. This will only apply if the issue is caused by EasyPOS Software and Company purchased hardware only.
2. For Metro Manila Branches and Cebu Branches: If onsite support is required and the call is received from the start of Company business hours until 4pm, a Technical Engineer will be sent to the site within four (4) to six (6) hours or depending on a mutually available time or date for both parties. If the call is received from 4:01pm onwards, a Technical Engineer will be sent to the site on the following business day or depending on a mutually available time or date for both parties. The Customer will be charged for the onsite visit of Php6,000 equivalent to one (1) man-day, and transportation expenses of the Technical Engineer in the amount of One Thousand Five Hundred Pesos (PhP 1,500.00) per visit.
3. For Outside of Metro Manila or Cebu Branches: If onsite support is required, a Technical Engineer will be dispatched based on the availability of mode of transportation within twenty-four (24) to thirty-six (36) hours depending on a mutually available time or date for both parties. Onsite support for provincial areas will be subject to the terms and conditions stipulated below and will be for the account of the Customer:
i. Onsite visit cost of Php6,000 equivalent to one (1) man-day.
ii. Decent accommodation in a hotel for the engineer in the course of the performance of their duties;
iii. Telephone calls, faxes, modem charges and other incidental expenses made on behalf of and upon prior notice to the Customer;
iv. Transportation expenses (Airfares, Taxis, Buses, Trains, etc) to and from the Customer’s site;
v. Per Diem allowance of One Thousand Five Hundred Pesos (Php 1,500.00) per Person per day;
vi. Laundry and dry-cleaning expenses
vii. Other incidental expenses related to the onsite support.
c. Service Calls
The Company requires the Customer to provide remote access resources for remote assistance for the purpose of monitoring security and maintenance of the system. Rest assured that there shall be no data to be changed or updated without seeking prior consent and authority given thereof from the Customer. Company will connect via remote access to the system where EasyPOS is installed. Customers must provide secure and efficient access, including a fast and stable Internet connection preferably DSL / Broadband Internet, to make remote assistance successful.
After a maximum time of two (2) hours phone support and the problem cannot not be remotely addressed, an onsite support will be deployed (for problems caused by EasyPOS Software).
Response time will be based on the following Service Level Agreement.
Unless otherwise impractical to either party, the preceding response time will be observed. Otherwise, response time will be on a mutually agreed date and time for any severity case.
HII Call Center will be utilized to handle support cases. The HII Call Center will track and provide reports on service calls such as frequency and resolution time. Access to the HII Call Center Hotline will be provided to key personnel representing the Client.
d. Data Backup
Data backup and other activities that secure customer data from corruption and other forms of data failures are NOT covered by warranty.
e. Patch Release
All internal POS patch releases, including updates for bug fixes, hotfixes, and new reports, will be for the enhancement of the easyPOS. These updates will be provided free of charge to existing customers with Business Continuity Service (BCS).
f. Exclusion on the Company Hardware Maintenance
1. The following are NOT covered by warranty:
a. Repair of hardware not provided by Company;
b. Repair of any 3rd party hardware provided by Company such as printers, cash drawers (except during 1st year of purchase);
c. Repair of damaged/corrupted data or reinstallation of Operating System or software due to the following reasons:
* Virus infection;
* Improper use and/or shutdown of the system;
* Power Failures and fluctuations; or
* Accidental deletions of system files or data and
* Unauthorized modifications;
* Any problem caused by software not installed by Company authorized personnel;
* In case the user was not able to back up files, Company will not be liable in case of data loss due to viruses and file corruption due to power failure and improper operations;
* Physical damage of the accessories, intentional and unintentional such as crack, damage cable caused by rat or rodent bites.
* Physical damage of the Main POS Unit, accessories and peripherals that is caused by water spillage, oil spillage, and other situations that contributed to the deterioration of the POS and its operations.
2. Other conditions:
a. Company technical resource reserves the rights to uninstall any unauthorized Company program installed within the POS terminal.
b. The Customer should ensure that all necessary assistance is provided to Company personnel in the performance of its duty and the adequate space is provided when providing services to the POS System;
c. All software to be installed should have a corresponding legal license;
d. Pirated software will not be catered nor serviced by our technical support service group;
3. Company will charge separately for services arising from:
a. Re-training on how to use the POS System;
b. Relocation or re-installation on a new business location;
c. Re-installation of the system caused by Act of God,
d. Re-installation of the system on a newly upgraded POS machine due to the end of support for the Windows operating system and other third party softwares;
e. Re application of BIR Permits in case of relocation of business, change of corporate names and similar scenarios;
f. Modification or alterations of hardware provided by Company; or
g. Request for cabling/re-cabling or wires.
4. Maintenance for the hardware unit and call center support services will continue, but the support and maintenance for the previous version of the Software itself will only continue for two (2) years thereafter, as indicated in Item 8.
Call Center Services
HII Call Center Service handles incoming calls from customers and provides assistance, answers inquiries, and resolves customer issues or complaints at First (1st) Level Severity Issue.
Hours of Operation: Monday to Sunday (9am to 9pm) including Holidays
Business Analyst Support and Maintenance Services
Technical support specialists assist customers with technical issues related to products or services. They troubleshoot problems, provide step-by-step guidance, and offer solutions to technical challenges. Their expertise may include software, hardware, networks, or specific technical domains.
Hours of Operation: Monday to Saturday 9:00 AM to 6:00 PM excluding Holidays
On-Site Support Policy
The Technical Support Staff will exhaust all necessary troubleshooting steps in order to help the Customer. If within two (2) hours, there is still no remedy, a Technical Support Staff will be deployed to the Customer Site to negotiate on the scheduled time for deployment.
If there is a confirmation from the customer that they want an onsite support
Within Metro Manila and Metro Cebu. A Technical Support Staff will be deployed within the next business day
Outside Metro Manila and Metro Cebu. A technical Support Staff will be deployed within the next available business day as per agreed by both HII and the Customer
a. Company owns all rights, title, and interest in and to the Software and the relevant In-tellectual Property laws shall apply in relation thereto. The limited license granted to the Customer to use the Software does not in any manner confer any ownership rights over the Software to the Customer. The grant of the license to the Customer as de-fined herein should not be construed as granting any other license to the software to the Customer except as expressly provided herein.
b. The Customer shall be responsible for its use of the Software upon installation thereof at the Customer’s provided physical server regardless of the completion of the soft-ware implementation. Customers must ensure and maintain the favorable condition of the physical server as the Company will not be held responsible for the maintenance of the hardware as well as the retrieval or provision of a copy of the licenses for re-installation.
c. The Customer is prohibited from selling, leasing, or distributing the Software to any third party, or reproducing or modifying the same without the written consent of Company; introducing any elements which could cause damage to the Software; or otherwise using the Software for any purpose that is illegal, fraudulent, improper, or otherwise violates this Agreement.
Any claim made against Company under this Agreement or arising from any other transaction brought about by virtue of this Agreement, and the Company’s liability thereon, shall be in all cases limited to the amount already received by the Company as compensation under this contract. The Company shall not be made liable for any loss of income incurred in the course of the service.
A. About government regulations:
The POS (Point-of-Sale) system provided is intended solely for lawful and legitimate business operations in accordance with the rules and guidelines set forth by the Bureau of Internal Revenue (BIR) under its issued Permit to Use (PTU).
Any use of the POS machine for unauthorized, unintended, or illegal purposes — including but not limited to tax evasion, manipulation of sales data, or operations outside the scope of its approved functionality — constitutes a violation of applicable laws and BIR regulations. The Company shall bear no responsibility or liability for any legal, financial, or regulatory consequences arising from such misuse.
Customers are solely responsible for ensuring that their use of the POS system remains fully compliant with all BIR rules and relevant laws.
B. About End of Support (EoS) for Windows OS and Third Party Softwares:
When an operating system or third-party software reaches its designated end-of-support date, it will no longer receive security updates, system patches, or technical assistance.
As your trusted provider of the EasyPOS solution, the Company strongly recommends upgrading your operating system, third-party software, and hardware (if necessary) to ensure your POS system remains secure, stable, and fully compatible with future EasyPOS updates.
If you choose not to proceed with the recommended upgrades or decline both software and hardware updates, please be advised that the Company shall not be held liable for any issues arising from the continued use of unsupported operating systems or third-party software, including but not limited to: System malfunctions or failures, Data breaches, corruption, or loss, Software incompatibilities with future EasyPOS releases, and Operational disruptions or business downtime.
By declining the upgrade, you expressly acknowledge and accept full responsibility for any risks, damages, or losses that may result from operating on unsupported platforms.
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