This Terms and Conditions are part of our Invoices
Title of the Product:
The ownership of the Products shall remain with Infolink (which reserves the right to dispose of them) until payment in full for all the Products Ordered under the relevant contract between the Customer and Infolink has been received by it in accordance with the relevant terms.
Where and to the extent that the Products comprise any computer software applications or Software/Hardware/Computer/Servers/Laptop/Computer Parts/Any other Goods, the customer acknowledges and agrees that (i) no title in the relevant Software will pass to the Customer from Infolink under the Order and (ii) it is the Customer’s sole responsibility to ensure that it is and will remain properly and legally licensed to use the Software and any other applications integrated with the Software by the relevant owner.
No intellectual property rights of any kind will pass to the Customer under any order.
Infolink shall not be responsible for non-performances in whole or in part of its obligations nor under any liability to the Customer in respect thereof if such non-performance is due to Act of God, War, Insurrection, New Imposed Government Regulations, Embargoes, Strikes, Labour, Disputes, Illness, Disputes, Illness, Flood, Fire or any other cause beyond the control of Infolink.
Liability, Consequential Loss and Damage:
Except as expressly and specifically provided in this invoice, the Customer assumes sole responsibility for results obtained through the use of the Software or other Services provided as part of the Services, and for the conclusions drawn from such use. Infolink shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by the Customer in connection with the Software/Hardware/Computers/Servers/Laptop/Computer Parts/Any Other Goods, or any action taken by Infolink at the Customer’s direction.
Nothing in this Invoice excludes the liability of either Party for death or personal injury caused by such Party’s negligence; or for fraud or fraudulent misrepresentation.
Infolink shall not be liable to the Customer for any loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss, damages, charges or expenses however arising; should not exceed HKD 1000.
Infolink’s total aggregate liability in contract (including negligence or breach of statutory, misrepresentation, or otherwise, arising in connection with the performance of this Invoice) shall be limited to the charges payable under this Invoice.
Obligations as a Re-seller:
When providing any service or fulfilling customer order, Customer should always consider the terms and conditions of both Reseller (Infolink Technologies) and the Owner/Vendor (whose product or service Infolink is selling as a Re-seller). If any issues persist in the subscription, renewal or upgradation of any software or in the maintenance or fulfilling the new orders of Hardware/Computer/Servers/Laptop/Computer Parts/any other goods, Vendor/Owner’s Terms and Conditions will dominate the Re-seller Terms and Conditions as the Re-seller is acting as an intermediary between the Customer and the Vendor/Owner.
If any provision or part of a provision of this Invoice is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
Infolink shall have the right to, at any time, set off any of its liability to the Customer against any liability of the Customer to it, whether under the Order or otherwise. The Customer shall have no rights to set off its liability under any conditions.
The Customer may not assign, transfer, charge or deal in any other manner with all or any of its rights or obligations under this Invoice.
The Invoice shall be construed and operate in accordance with the Law of Hong Kong and shall be subject to the exclusive jurisdiction of the Courts of Hong Kong.