Lennox Computer LILAC Business Software
8/14 Ashtan Place, BANYO 4014
Brisbane, Australia
http://www.lennox.com.au
ERP Business Accounting Software
Distribution, Manufacturing, Job Costing
eMail: info@lennox.com.au
Phone: 07 3267 7880
Est. 1980
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Software Terms & Conditions of Sale
1
LILAC is supplied in binary executable form on a licence to use basis. LENNOX COMPUTER reserves all copyright rights to the source language text of the software.
2
The software products puchased will be made available and accsessible by means of an Internet download process from Lennox Computers servers.
3
The purchase price includes a perpetual licence to use the software on a single server and with as many portable user licences as are puchased, which may be deployed on an unlimited number of workstation (client) computers provided that the total number of simultaneously active users does not exceed the number of licences purchased.
4
The purchase price inculdes the right to access Lennox Computers software documentation, training materials and help pages in electronic form via the Internet or as integerated with the software distribution, and guarantees access to Lennox Computer on-site training services which are billed seperately.
5
The purchaser agrees that the staff nominated for training as operators for the LILAC system shall: (a) possess a reasonable knowledge and understanding of basic book-keeping.
6
The purchase price includes the rights to free software support services as defined in LENNOX COMPUTERS software support terms & condition leaflet, for a period commencing on the date of the invoice from LENNOX COMPUTER for the supply of the software until 30 days have elapsed.
7
The software is guarantied to be free of defects i.e. errors in programming, and any labour associated with the correction of any defects encountered will be provided at no additional charge during the currency of the software support service and any extension thereto. LENNOX COMPUTER is not liable for any consequential costs of any sort incurred by the purchaser or any other party as a result of the operation of the software except only and limited to the extent required by specific relevant state or federal legislation.
8
During the currency of the software support service and any extension thereto, the purchaser will enjoy rights to any newer, improved and extended versions of the LILAC package, similar to the rights enjoyed originally, and to have new versions installed on the purchaser's computer system(s) at no additional charge, provided only that no more than four such installations are required in any twelve month period.
9
All goods and services provided under these terms and conditions will be provided by LENNOX COMPUTER 'Free on Board' at LENNOX COMPUTERS Brisbane Head Office except as stated in (3) and (4) above.
10
Where the purchasers premises are located outside the Brisbane metropolitan area, the purchaser shall pay for travel and accommodation expenses associated with the installation, training and support of the hardware and software in addition to the purchase price.
11
The purchaser shall nominate an individual staff member who shall be given responsibility for the supervision of the operation of the LILAC software, including the supervision of all other operators, and the coordination of communications with LENNOX COMPUTER on behalf of all members of the purchasers organisation. The person so nominated will be a full-time employee or working shareholder or director of the purchasers business.
12
The scheduling of activities associated with installation, training and support of hardware and software shall be at LENNOX COMPUTERS absolute discretion. In the event of problems without the control of Lennox Computer related to staffing, equipment faults, communications problems any service may be postponed, delayed, rescheduled or cancelled as appropriate.
13
Where equipment is supplied by LENNOX COMPUTER in conjunction with the LILAC software package, LENNOX COMPUTER will take responsibility for the rectification of any faults in the hardware during the warranty period of the equipment and any extension thereto. Where equipment has been sourced elsewhere, the purchasers rights under these terms and conditions will be suspended upon equipment malfunction until such time as the equipment has been adequately repaired. Faults or damage attributable to wear & tear, maladjustments or inappropriate use of the equipment are not included.
14
The purchaser shall nominate key staff members and instruct them to co-operate with Lennox Computer in the design and testing of any new features required in software systems or procedures. The staff members selected will be available as a matter of high priority, for work in co-operation with Lennox Computer.
Payment Terms
Full payment for Lennox Computer Software Products is required prior to delivery. Title to all products, goods and services remains the property of Lennox Computer until all payments have been completed in full.
LILAC Cloud Services
Lennox Computer provide cloud based LILAC server operations to clients subject to the following terms & conditions.
Definitions
The Customer - a business or group of business who contract with Lennox Computer for the supply of LILAC server services from a physical server platform hosted in Lennox Computeres server farm and accessed via the public Internet.
Lennox Computer - acting as a supplier of cloud based server services.
Carriers - Telecommunications service suppliers including but not limited to Telstra, Optus, AAPT, iiNet.
The Server - a Microsoft Windows based Intel CPU server platform housed in Lennox Computers server farm with a static public IP address routed to the public internet via a high-speed optical fibre based service provide by a Carrier .
The Database - A LILAC relational database held on the Server containing accounting, business records and ERP data for, and on behalf of, the Customer .
Lennox Computers Responsibilities
1
Lennox Computer will install and maintain the Server such that the customer may obtain access to the Database 24 hours a day 7 days a week from any suitable Microsft Windows based workstation computer with an adequate connection to the public Internet.
2
Lennox Computer will enable the Customer to download and install a software package known as the LILAC Remote Client from Lennox Computers website onto any suitable Mircosoft Windows based computer, to enable Client/Server style access to the Customers Database via the public Internet.
3
Lennox Computer will make backup copies of the Database every 24 hours between the hours of Midnight and 3:00 am each day. The backups will be seperatly maintained on removeable media with three generations kept for each day of the week.
4
Lennox Computer will rectify or repair any failure or defect occurring on the Server and associated networking and infrastructure directly under Lennox Computers control as a matter of high priority. In the event of a failure which is the responsibility of the Carrier, Lennox Computers responsibility is limted to communication to, and coordination with the Carrier to achieve repair with minimum of delay. In any event the parties agree that Lennox Computer shall bear no liability for any loss or cost borne by the Customer or any other party as a result of any system failure.
5
In the event of the termination of this contract Lennox Computer will provide to the Customer, an up to date copy of the Database on suitable removeable media, whereupon Lennox Computer responsbilities will have been fully discharged.
6
Lennox Computer will monitor the size and validity of the Database, perform any housekeeping and maintenance activities that may be required from time to time and liaise with the Customer with respect to the length of transaction histories, archiving and document retention.
Customers Responsibilities
1
The Customer will provide all equipment, network infrastructure and Internet connectivity required at the customer business locations. The equipment and infrastructure will meet adequate minimum standards, including the use of Microsoft Windows Version 7 (Pro) or later on all computers and an ADSL Internet service providing at least 2Mb download speed.
2
The Customer will be responsible for all staffing, training and supervision for the operation of the LILAC software at the Client side.
3
The Customer will perform all audit and reconciliation tasks of the data in the Database, including the extraction of all reports, and accounting source documents as necessary.
4
The Customer will appoint a single individual to the role of support coordinator with Lennox Computer and all communications between the parties will be channelled through this person. The person so appointed will be a daily user of the LILAC software and authoritative in the Customers operations.
5
The customer shall be responsible for all security aspects of the operation of the software at the client sites including the safe custody of all passwords required to access the Database and physical access to the workstation hardware.
6
The Customer will not install any 3rd party anti-virus or anti-malware software on any workstation hardware, but will rely on Microsoft supplied features such as Windows Defender, Windows Firewall & Microsoft Outlook for those purposes.
General Terms & Conditions
1
The contract between Lennox Computer & the Customer is renewable monthly. There is no executed deed of contract. Lennox Computer will issue an invoice to the Customer on or about the last business day of each month offering Cloud Services for the month ahead bound by these terms and conditions, other terms and conditions of supply and support services are published by Lennox Computer current rates and charges. The customer will indicate acceptance of the offer by way of payment of the invoice upon receipt thereof. If the invoice remains unpaid by the end of that calendar month the contract shall have lapsed.
2
The contract will be deemed to have been enacted in the state of Queensland, and is subject to the laws of that state.
3
The transaction is characterised as being a commercial transaction and is not subject to Consumer legislation.
Lennox Computer - 07 3267 7880
info@lennox.com.au
Brisbane, QLD, Australia.
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