Terms of Service

HP Command Center Terms of Service

TERMS OF SERVICE

These terms of service, together with any other agreements or terms incorporated by reference, including the HP Privacy Statement (the "Terms") govern your use of the Services. These Terms constitute a binding and enforceable legal contract between HP and You. By accepting these Terms electronically by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

1.        Definitions

1.1.   "Account" means an online customer account registered by You, on behalf of Yourself or Your customers for the purpose of deployment and using the Services. An Account which is controlled by one or more Admins, encompasses one or more User (as defined below), each with its own username and password, User profile, security privilege profile, and list of Solutions the User is authorized by an Administrator (as defined below) to install and use.

1.2.   "Additional Services" means services that You purchase, as distinguished from the Services which are provided for free, and may include an increase in storage space and other premium services and functions. HP may, at its discretion, decide that Services which have heretofore been available without charge shall become Additional Services which are provided for a fee and such change shall become effective upon posting on the Platform website as set out in Section ‎14.2.

1.3.   "Connected Devices" means printing, copying, computing and mobile device equipment, registered by You for the purpose of using the Services.

1.4.   "Content" means any files, data, material and information submitted, uploaded and stored by You and Your customers through the Service.

1.5.   ¡°Payment Processor¡± means a third-party payment processor engaged by HP to process payment for Additional Services. The processing of payments is subject to any additional terms, conditions, and policies imposed by the Payment Processor. HP reserves the right to change or add Payment Processors at its discretion.

1.6.   ¡°Platform¡± or " Command Center¡± means online websites solution for businesses to purchase, deploy and manage Solutions, including the usage, receipt, and the management of the Solutions, with respect to the end user¡¯s printing equipment.

1.7.   ¡°Portfolio¡± means a library of Solutions selected by You to make available to your customers.  All Solutions must be imported in the Portfolio before they are installed on Your customer¡¯s printer devices.

1.8.   "Services" means any applications, including Solutions; products; services (including any Additional Services, to the extent applicable); documentation, and software made available through the Platform.

1.9.   ¡°Solutions¡± means applications provided by Us or a third party made available on the Platform for use with Your customers to enhance their print experience with devices on which You install such applications.

1.10.  "Third Party Products" means any Solutions, products, software or application that is provided with a third party and interoperates with a Service. Such Third-Party Products may be offered via a dedicated website.

1.11.  "User Data" means data relating to Your use of the Platform, the Connected Devices and Services, including but not limited to information related to:

1.11.1. Your contact and, as applicable, payment information, including email addresses, phone number and credit card or other payment remittance information; You are responsible for ensuring that any payment information that is exchanged between You and your customers is not transmitted over the Platform.

1.11.2. Your Connected Devices, devices and supplies use and utilization information, sensor activity, statistical data, device generated reports and job ticket parameters, number of solution deployment, Print Jobs [by App/Version, by Device Model & FW], Total Impressions [by App/Version, by Device Model & FW] ,Mono Impressions [by App/Version, by Device Model & FW] ,Color Impressions [by App/Version, by Device Model & FW] ,Scan Jobs [by App/Version, by Device Model & FW] , Images [by App/Version, by Device Model & FW] , and Solution use;

1.11.3. settings, preferences chosen, and resource usage;

1.11.4. free text submitted by You (to enable HP, its authorized business partners and You to identify specific print jobs for support and servicing), and video sessions recorded during provision of support services;

1.11.5. information about printers, such as model number, serial number including additional unique device identifiers, network connection information, device administration information, firmware version, control panel language, date installed;

1.11.6. information about Solutions that are installed on printers, such as Solution name and version;

1.11.7. information about printer events, such as errors and warnings;

1.11.8. information used to register and support Solution installation, such as support contact information, and internet connection information;

1.11.9. information used to register and authenticate Platform users, such as user contact information; and

1.11.10.device operation characteristics: number of pages printed, media used, printer configuration, environmental conditions, print job statistics, printer control parameters, printer component life,
operation metrics, ink or toner metrics and identifiers.

1.12.  "We", "Us", "HP" or "Our" is defined as HP Inc. or its affiliates who signed your HP Partner Agreement.

1.13.  "You", ¡°Your¡± or "Customer" means the company or other legal entity and its affiliates for which you are accepting these Terms.

 

2.        The Services 

2.1.   Registration. Following the initial registration of an Account you will have the ability to access the Platform and use the Services in conjunction with Connected Devices solely for the purpose of your business activity within the ¡®Territory¡¯ as that term is defined in Your HP Partner Agreement. We may update the Services from time to time, including adding or removing functions.

2.2.   Network environment. To use Command Center, Your Connected Devices must be connected, and remain connected, to the Internet and capable of connecting to cloud services. You are responsible for ensuring Your PC , printing device or similar device network environment are sufficiently robust to allow for use of the Services.

2.3.   Charges. Using the Services, other than Additional Services, is made available to you free of charge. We may charge you for Additional Services. If we charge any fees for Additional Services, the charges for such Additional Services, and any additional terms and conditions applicable thereto will be detailed in the applicable online description of such Additional Service.

2.4.   You are responsible for all risks related to changes to HP Command Center.

2.5.   You agree that your use of Command Center will be undertaken in conjunction with products and services governed by Your HP Partner Agreement.  You agree to fully comply with Your HP Partner Agreement in connection with Your use of Command Center and any Services.

 

3.        Registration and User Account

3.1.   Establishing an Account. You must register and establish an Account in order to use our Services and the Platform. Connected Devices may require registration, installation of necessary software, provision of information about Yourself, or other action on Your part, to enable the activation and use of the Services and Platform in relation to such Connected Devices. You may elect to have multiple Accounts; each Connected Device may only be registered to one Account at any given time. If any registration details are inaccurate or invalid, HP may reject the registration of Your account or deactivate your Account without notice.

3.2.   Account Information. You must safeguard and not disclose Your Account username and password and You must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account, including details of the Connected Devices that are linked to the Account. You agree to keep Your Account information up to date and accurate, including with regard to Connected Devices. Any Services provided in connection with Connected Devices associated with Your Account will be charged to your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of Your Account or any other breach of security.

3.3.   Administrator. When you initially register for and create an Account, you are, or a party that you authorize is, the administrator ("Administrator" or ¡°Admin¡±). Administrators may authorize additional individuals to access the Services through the same Account ("Users"). Users may include, for example, Your employees. These Terms apply to any User of the Services and You are responsible for enabling the sharing and review of these Terms, as required, with or by Users.

3.4.   Access Rights. The Administrator is responsible for Users' access to the Services. Depending on the types of access rights the Administrator grants to Users, Users may be able to add or remove Connected Devices, delete, copy, or view the Content and data accessible in your Account and subscribe or unsubscribe to Additional Services Solutions. The Administrator is solely responsible for the access to the Services granted to Users and it is the Administrator's sole responsibility to add or remove access rights to Users. We are not responsible for Your management or administration of the Services. You are responsible for Users' compliance with these Terms. A violation of any provision of these Terms by a User may result in the termination of an Administrator's or any User's access to the Services. If You choose to close or terminate Your access to a Service or Additional Service, Users will no longer be able to access such Service or any of the Content within such Service. HP may from time to time send You communications, unless You have opted not to receive them.

3.5.   Deletion of Account. You may delete Your Account at any time. Any Content and other information and data entered into the Platform may be permanently deleted if You delete the Account.

3.6.   Use of Data. HP may collect User Data, and You hereby grant HP permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to HP customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, device and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. HP may use analytics tools and solutions in performing the above. HP may not provide an opt-out option from the use of such tools and solutions and therefore You should refrain from registering for Command Center if You do not agree to the use of analytics tools and solutions in connection with the User Data.

Where applicable, User Data collected by HP will be shared with You or any third parties in the operation of our Services or to perform any of our obligations (each a "Service Provider") who may, directly or indirectly, provide You with support or other supplementary services in connection with the Services or Connected Devices. HP may further use User Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; or (iv) to enforce/protect the rights and properties of HP or its affiliates or subsidiaries. 

In addition, as a worldwide solution, some unique device identifiers are transferred between our European and Asian platforms to our centralized United States platform to ensure reliability and performance of our overall Services.

Any data shared with HP will be subject to HP's Privacy Statement located at www.hp.com/go/privacy.
HP's Privacy Statement governs the collection and use of any personal data. By using Command Center, You agree to the terms of the HP Privacy Statement.

4.        Your Content

4.1.   License to Content. You grant Us a worldwide, non-exclusive license to host, copy and use Your Content as required in order to provide You with the Services. Subject to this limited license We do not acquire any right in Your Content and You or Your licensors retain all rights and ownership to Your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in Your use of the Services.

4.2.   Responsibility for Content. The Services are not intended to be used as storage, backup or archiving services. It is Your responsibility to back up Your Content and You are responsible for any lost or unrecoverable Content.

5.        OTHER PRODUCTS AND SERVICES 
We or a third party may make available Third-Party Products. We will not be responsible for any act or omission of the third party that provides the Third-Party Products, including the third party's access to or use of Content, and we do not warrant, maintain or support any Third-Party Products.

6.        Fees and Payment

6.1.    Payment Terms for Additional Services. You will pay, and You authorize HP and any Payment Processor to charge using Your selected payment method for, all fees with respect to Additional Services subscribed to by You.
Fees are non-refundable except as required by law. Charges will be made either in advance or in arrears as provided in the additional terms applicable to Additional Services, and either monthly, annually or any other billing frequency offered by HP and selected by You.
We will automatically renew Your subscription to any Additional Services for the same subscription period. To cancel such automatic renewal, please contact Your HP sales representative.
You may bill your customers however You choose, under Your terms and conditions, via Your preferred method of payment but will be doing so at Your own risk.
HP shall not be responsible for, and disclaims all liabilities with respect to, charges and billing of Your customers.

6.2.    Fee Changes. HP may increase or otherwise change fees chargeable with respect to Additional Services in HP¡¯s sole discretion with prior notice to you in accordance with Section 14.2 (¡°Changes to Terms¡±).
Any such changes to fees will become effective no earlier than the beginning of Your next billing cycle after the expiry of the notice period following HP¡¯s announcement of those changes in accordance with Section 14.2.

6.3.    Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information.  Billing and payment collection will be performed by the Payment Processor. We may suspend or terminate the Services if fees are past due for any amount of time.

6.4.    Taxes. HP prices are exclusive of applicable sales, use, consumption, goods and services, value added or like taxes, or copyright levies, which you will pay. You may be exempt from these charges if you have provided us with an appropriate exemption certificate for the delivery jurisdiction, or we agree the transaction is otherwise exempt.

7.        Use Obligations and Restrictions

7.1.    Obligations. You agree to do each of the following in connection with Your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control; (ii) pay the fees for the Services, if applicable, when due; and (iii) use reasonable security precautions for providing access to the Services by Your Users, customers or other individuals to whom You provide access. You further agree and acknowledge that the Solutions offered on the Platform are intended for use only with original HP supplies and replaceable parts. These Solutions are supplemental to but not required for the standard operation of the end user¡¯s printing device. Upon detection of the use of non-HP or refilled supplies, or non-HP replaceable parts, the Solutions may be automatically disabled on the end user¡¯s printing device. The Solutions will be re-enabled approximately 24 hours following the end user¡¯s insertion of original HP supplies or replaceable parts, as applicable.

7.2.    Restrictions. You must not misuse the Services. For example, You may not, whether by Yourself or anyone on Your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so; or (f) use the Services in contravention of the Obligations set forth immediately above or of the other provisions of these Terms.

8.        Intellectual Property Rights

8.1.    Retention of Rights. All rights not expressly granted to You under these Terms are reserved by HP and its licensors. We and Our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to HP's intellectual property rights. Nothing in the Terms constitutes a waiver of HP's intellectual property rights under any law.

8.2.    Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), You grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

9.        Indemnification
You, on behalf of Yourself and all Users you authorize, will indemnify, defend, and hold harmless HP, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that Your or Users¡¯ Content or Your or Users use of the Services infringes or misappropriates a third party's intellectual property rights or violates applicable law or that Your or Users use of the Services is in violation of these Terms.

10.   Disclaimers of Warranties

10.1.  EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND HP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

10.2.  OTHER THAN AS EXPRESSLY STATED IN THE TERMS, OR TO THE EXTENT PROHIBITED BY LAW, WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

10.3.  If You are receiving this Service as a consumer within the meaning of relevant consumer legislation in the applicable country, state or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusions of liability) must be read subject to applicable law and apply only to the maximum extent permitted by that applicable law.

Australia: If You are receiving this Service as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of these Terms:
(1) the Services come with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If You are receiving Services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and We fail to comply with any such consumer guarantee, Our liability is limited to the following:

10.3.1.          in connection with the provision of services, to any one or more of the following (at Licensor¡¯s discretion): (i) the supplying of the services again; or (ii) the payment of the costs of having the services supplied again; and

10.3.2.          in connection with the provision of goods, to any one or more of the following (at Our discretion): (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the costs of having the goods repaired; and

10.3.3.          otherwise, to the maximum extent permitted by law;

(2) nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and
(3) the benefits provided to Licensee by the warranties in these Terms are in addition to other rights and remedies available to Licensee under applicable law in relation to the goods or services to which the warranty relates.  Your rights under the Australian Consumer Law prevail to the extent that they are inconsistent with any limitations contained in the express warranty.

 

If Licensee thinks that it is entitled to any warranty under these Terms or any of the above remedies, please contact Licensor at:  

HP PPS Australia Pty Ltd
Building F, 1 Homebush Bay Drive
Rhodes, NSW 2138
Australia

To initiate a support request or warranty claim, please call 13 10 47 (within Australia) or +61 2 8278 1039 (if dialing internationally) or visit www.hp.com.au and select the «Customer Service» option for the most current list of phone support numbers.

New Zealand.  In New Zealand, where any supply of products or services is for business purposes, You agree that the Consumer Guarantees Act 1993 do not apply and that given the nature and value of the transaction, this is fair and reasonable. If You are purchasing goods and services for personal, domestic or household use or consumption and not for the purpose of a business as a New Zealand consumer, the Services come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 and You are entitled to repair, replacement or refund for a failure to comply with the guarantees as well as compensation for other reasonably foreseeable loss or damage as a result of the failure.

11.   Limitation of Liability

11.1.  IN NO EVENT WILL HP BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR OR ANY USERS YOU AUTHORIZE USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2.  IN NO EVENT WILL HP'S TOTAL LIABILITY TO YOU OR ANY USERS YOU AUTHORIZE FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT GREATER OF (I) US$10.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3.  THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

12.   Term and Termination

12.1.  Term. These Terms commence on the date You first accept them and will remain in effect until Your subscription to the Services expires or terminates, or until these Terms are terminated.

12.2.  Termination. You may stop using the Services at any time and You may delete Your Account. We may suspend or terminate Your access to the Services at any time at our discretion and without notice if You do not comply with these Terms, including the timely payment of fees for Additional Services, or if Your HP Partner Agreement expires or is terminated for any reason. Upon termination of the Services with respect to You or more broadly, Your Account will be terminated, and from the date of termination You will no longer be able to access Your Account.

12.3.  Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Indemnification, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

13.   Governing Law and Jurisdiction
These Terms are governed by the law which governs your HP Partner Agreement.

14.   General

14.1.  Export Restrictions. You agree to be responsible for complying with all laws and regulations including, without limitation, laws and regulations applicable to import and export, such as the trade control laws of the United States and other national governments. You understand and acknowledge that Services and HP products are subject to US and other national export and import regulations and certify that You are not a citizen, party of a country which are subject to certain trade control embargoes, sanctions, prohibition and restriction, to include all countries identified in country groups D:1, E:1 and E:2, as identified in Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations, see http://www.access.gpo.gov/bis/ear/pdf/740spir.pdf, without having first obtained required government authorization. HP may suspend performance if customer is in violation of any applicable laws or regulations.

14.2.  Changes to Terms. HP may change the Terms from time to time, and such change will become effective Thirty (30) days after the date on which it is posted on the Command Center website. Notice of changes to these Terms will be provided to the Administrator. By continuing to access or use the Services You agree to be bound by the revised Terms.

14.3.  Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

14.4.  Waiver. No waiver by us of a breach of any of the provisions of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.

14.5.  Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and HP.

14.6.  Entire Agreement. These Terms contain the entire agreement between HP and You relating to Your use of the Services and supersedes any and all prior agreements between HP and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by HP in these Terms.

14.7.  Assignment. You may not assign Your rights or delegate Your obligations under these Terms, whether by operation of law or otherwise, without HP's prior written consent. Any purported assignment contrary to this section will be null and void. HP may assign its obligations hereunder among its affiliates and subsidiaries, whether direct or indirect, by a change to the definition of HP hereunder which change will become effective upon posting on the Command center website.

14.8.  No Third-Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to Your rights under these Terms.