You ("you" or "Customer") are deemed to have read, understood and agree to be legally bound to all terms and conditions for the use of (a) EP-BB; and/or (b) Remote Image Quality Diagnostics as the case may be ("Terms for Use") by you starting to use the respective Services.
If you do not agree to this Terms of Use, you shall not use EP-BB and/or Remote Image Quality Diagnostics.
This Terms for Use of (a) EP-BB; and/or (b) Remote Image Quality Diagnostics are subject to modification or update by FUJIFILM BI without any prior notice to the Customer. Such modified or updated Terms for Use shall be applicable to all Customers.
1. Definitions
1.1 “Electronic Partnership”, “EP” or “EP-BB” refers to the system to collect relevant information from the Device (as hereinafter defined) located in premise of the customer (hereinafter referred to as “User”) and to provide various services through electronic communications (“Services”).
1.2 “EP Center” refers to the servers operated by FUJIFILM Business Innovation Corp. (“FB”) for collecting relevant information from the Device.
1.3 “Device” refers to the multi-function devices or printers that are designated for EP by User, in accordance with Document Solution Agreement / Document Management Solution Agreement / Fixed Price Rental Agreement / Full Service Maintenance Agreement signed off between FUJIFILM Business Innovation Hong Kong Limited and customer (hereinafter referred to as “Service Application Form”).
1.4 “Service Provider” means FUJIFILM Business Innovation Corp. (hereinafter referred to as "FB"), any of its Affiliates, or any authorised distributor, dealer, or third-party service provider of FB or its Affiliates, in each case being the entity that enters into a contract with the Customer or User for the provision of the Services, and may include one or more such entities providing the Services to the customer or User.
2. EP Communication Equipment Built-in Device (EP-BB)
User acknowledges that EP-BB communication equipment which is built in the Devices, connect to the network environment (LAN) of User and send information to EP Center via Internet.
3. Agreed Terms of Use
(a) To provide various Services to User via EP;
(b) To communicate with User regarding the provision of various Services via EP if necessary;
(c) To send EP relevant materials to User upon request;
(d) To provide Device information to User;
(e) To promote marketing activities to User, including surveys for improving the quality of products or services provided to User by the Service Provider.
| Purposes of use | Information collected |
|---|---|
|
|
3.3 The Service Provider shall not use nor disclose the information collected for other purposes, except for those which are expressly permitted by User.
3.4 User acknowledges that the Service Provider may fail to obtain information via EP in following situations:
(a) The electrical power to the Device is switched off, or communication with EP Center has failed due to any reasons.
(b) Network communication is blocked due to any reasons.
(c) EP management system is suspended for maintenance or other operations.
(d) Any other technical faults.
3.5 User agrees to appoint such individual stated as “Contact Person” in Service Application Form as its authorized person, for all matters related to the EP. If there are any changes to the “Contact Person” details, the User shall notify the Service Provider in writing within 5 working days prior to such changes, failing which the User shall be liable for all losses or damages arising directly or indirectly from such failure to notify.
3.6 The Service Provider and FB do not warrant that the operation of Services shall be uninterrupted or error free, or that all defects can be corrected.
To the extent permitted by law, neither party shall be liable to the other party for any damages arising out of or relating to EP or the Services (including without limitation to lost of revenue, lost of profits, lost of computer, server or any equipment or software, usage time, and damage or loss of use of data), even if the party has been advised of the possibility of such damages, and irrespective of whether such damages result from a claim arising under tort or contract law.
4. User shall maintain EP connection environment as follows.
(a) It is the User’s responsibility to maintain the required connection environment for the communication between the Device and EP Center.
(b) Any expenses incurred in relation to power supply, circuit works regarding EP connection environment maintenance and any other expenses shall be borne by User.
(c) In the event that User wishes to change the setting of Device which has been installed with EP communication device, User shall give prior notification to the Service Provider.
5. User acknowledges that the security features of EP-BB are as follows.
5.1 The communications of EP-BB via Internet are protected by digital certificates for rigid client authentication.
5.2 The communications between EP-BB and EP Center are encrypted with SSL to prevent data wiretap or manipulation. EP Center will send a certificate to EP-BB to prevent illegal access.
5.3 For EP-BB, any access of Device from the EP management system site is prohibited. EP relevant system setting information can only be changed by polling, when there is a notification by the Device.
6. Variation
The Service Provider shall have the sole discretion to amend the terms and conditions of use at any time, without notifying the User. If, in a reasonable opinion of the Service Provider, such terms and conditions may cause a material impact on User, the Service Provider may notify the User of such amendment beforehand.
7. Charges
The Service Provider reserves the right to charge the User for the provision of any Services rendered via EP with one (1) month’s prior notice.
8. Termination
Either the Service Provider or User may cease using EP after giving the other party 4 week’s prior written notice.
9. Disclaimer of Warranty
User acknowledges that EP is provided “as is”. The Service Provider and FB disclaims any representation warranties, including but not limited to the merchantability, fitness for a particular purpose or non-infringement of third party’s intellectual property rights.
Notwithstanding any of the foregoing, if the User finds any failure of meter counting for auto-billing via EP with reasonable evidence, User may request the Service Provider to correct such meter count.
10. Limitation Liability
To the extent permitted by law, FB shall not be liable for any direct or indirect, incidental, special punitive or consequences damages, or any loss of data or use. In the event that FB is held liable for matters arising from or related to these terms, the total amount of such liability shall be limited to the amount of maintenance fees paid by the customer in the one-month period preceding the occurrence of the matter that gave rise to the liability, under the Maintenance Agreement for the applicable equipment.
11. Governing Law
The terms and conditions are governed by the laws of the country in which the EP is used.
Terms & Conditions of Remote Image Quality Diagnostics
1. Definitions
1.1 “Remote Image Quality Diagnostics” (hereinafter referred to as " RIQD") refers to the service which facilitates the early identification and resolution of print quality issues relating to the Device (as hereinafter defined), whereby the Service Provider (as hereinafter defined) performs a remote diagnosis of the print quality (using the method(s) described in Article 3) prior to the deployment of a customer service engineer to premise of the customer (hereinafter referred to as “User”) where the Device is situated.
1.2 “Device” refers to the multi-function devices or printers that are designated for RIQD by User, in accordance with the Service Activation Form prescribed by the Service Provider (hereinafter referred to as “Service Activation Form”).
1.3 “Remote Server” refers to the location of servers for collecting relevant information from the Device. The servers are operated by FB.
1.4 Service Provider” means FUJIFILM Business Innovation Corp. (hereinafter referred to as "FB") , any of its Affiliates, or any authorised distributor, dealer, or third-party service provider of FB or its Affiliates, in each case being the entity that enters into a contract with the customer or User for the provision of the RIQD, and may include one or more such entities providing RIQD to the customer or User.
2. Agreed Terms of Use
2.1 The Service Provider shall use the User information in Service Activation Form for the following purposes only:
(a) To provide various Services including RIQD;
(b) To communicate with User regarding the provision of various Services including RIQD if necessary;
(c) To send RIQD relevant materials to User upon request;
(d) To provide Device information to User;
(e) To promote marketing activities to User, such as surveys or face-to-face communications for improving the quality of products or services provided to User by Fujifilm business innovation. the Service Provider.
2.2 Further details relating to the purposes of use of User information are as follows:
(a) To diagnose the print quality of the Device, a dedicated chart (hereinafter referred to as "diagnostic chart") is printed and the scanned image data of the printed chart (hereinafter referred to as "image data") is sent to the Remote Server in advance. This allows the customer service engineer to diagnose the print quality of the printer remotely before visiting.
(b) The diagnostic chart is printed with a dedicated two-dimensional barcode. In RIQD, only image data of the diagnostic chart with the dedicated two-dimensional barcode is sent to the Remote Server. However, if the two-dimensional barcode is intentionally pasted onto printed materials other than the diagnostic chart and the image data is sent, image data other than that of the diagnostic chart will also be sent.
(c) The two-dimensional barcode printed on the diagnostic chart includes information about the Device that printed the diagnostic chart (product name, machine serial number, print date and time, paper size, paper type, and weight information) and is sent to the Remote Server.
(d) Upon request for a visit from the User, the customer contact center or customer service engineer may ask the User to perform the operation described in (1). Also, during a maintenance visit, the customer service engineer may perform the operation described in (1) with the User's consent.
2.3 The provision of the RIQD may be subject to temporary unavailability due to the User’s environment, network conditions, or other factors beyond the Service Provider’s reasonable control. The Service Provider may fail to obtain information via RIQD in following situations:
(a) The electrical power to the Device is switched off, or communication with Remote Server has failed due to any reasons;
(b) Network communication is blocked due to any reasons;
(c) Remote Server is suspended for maintenance or other operations;
(d) Any other technical faults.
2.4 User agrees that the communication device embedded in the Device will connect to the User’s network environment (LAN) and transmit information to Remote Server via the internet.
2.5 RIQD connection environment shall be maintained as follows.
(a) It is the User’s responsibility to maintain the required connection environment for the communication between the Device and Remote Server.
(b) Any expenses incurred in relation to power supply, circuit works regarding RIQD connection environment maintenance and any other expenses shall be borne by User
(c) In the event that User wishes to change the setting of Device, User shall give prior notification to the Service Provider.
3. Security Features
3.1 The security features of RIQD are as follows:
(a) The communications of RIQD via Internet are protected by digital certificates for rigid client authentication;
(b) The communications between “Device” and “Remote Server” are encrypted with SSL to prevent data wiretap or manipulation. “Remote Server” will send a certificate to “Device” to prevent illegal access;
(c) Our Remote Server management system site does not proactively access the Device;
(d) The communication for the RIQD via the internet will not transmit the User and the Device information to the "Remote Server" for any purposes other than those stated in Article 3.
4. Variation
The Service Provider shall have the sole discretion to amend the terms and conditions of use at any time, without notifying the User. If, in the sole opinion of the Service Provider, such terms and conditions may cause a material impact on User, the Service Provider may notify the User of such amendment.
5. Termination
Either the Service Provider or User may cease using RIQD after giving the other party 4 week’s prior written notice.
6. Disclaimer of Warranty
User acknowledges that RIQD is provided “as is”. The Service Provider and FB disclaims all conditions and warranties, including but not limited to the merchantability, fitness for a particular purpose, non-infringement of third-party intellectual property rights. The Service Provider and FB does not guarantee that the operation of the RIQD will be uninterrupted, error-free, or that all defects can be corrected. To the extent permitted by law, even if the User has been advised of the possibility of such damages, and regardless of whether such damages arise from a tort or contract claim, The Service Provider and FB shall not be liable to the User for any damages (including but not limited to loss of revenue, loss of profit, loss of computer, server or equipment or software, use time, and damage or loss of data) arising from or related to the RIQD.
7. Limitation Liability
To the extent permitted by law, FB shall not be liable for any direct or indirect, incidental, special punitive or consequences damages, or any loss of data or use. In the event that FB is held liable for matters arising from or related to these terms, the total amount of such liability shall be limited to the amount of maintenance fees paid by the customer in the one-month period preceding the occurrence of the matter that gave rise to the liability, under the Maintenance Agreement for the applicable equipment.
8. Governing Law
The terms and conditions are governed by the laws of the country in which the RIQD is used.