Terms

The Services include:

  • a licence to apply the Code to the Units specified in the relevant Services Appendix permitting third parties to upload data to the Website, which must at all times be in accordance with the terms of use and privacy statements applicable from time to time;
  • a licence permitting access to the software and database available on the Website;
  • ensuring that apps are available for download for use on mobile devices via Apple, Google and Microsoft which will permit third parties to upload images to the Website using the Code;
  • delivery of physical materials such as a badge to attach to Units.
  • On initial delivery there shall also be provided relevant user manuals, installation instructions and animations relating to the Licensed Material (the “Documentation”).

 

The Recurring Services include permitting the CUSTOMER access to such uploaded data and ongoing maintenance and support for the Code and related Services as set out below.

 

1.1          Company will set up and inform Customer of contact details of Company’s support centre(s) (“Support Centre”) to co-ordinate the Maintenance Services and respond to error reporting from Customer Help Desk.

  • Customer agrees to operate and maintain, at Customer’s cost, one or more help desks with trained Customer technical personnel (“Customer Help Desk”) to provide first level support for responding to users’ questions and problems and to make initial determination of problems including possible Errors. Customer Help Desk shall be responsible for timely reporting of problems or possible Errors that are not resolved after reasonable effort by Customer Help Desk to the Support Centre in accordance with the Error Correction Procedure set forth in Section 2 of this Schedule.

       2         ERROR CORRECTION

2.1          As soon as Customer Help Desk detects or is notified of a possible Error or other problem which the Customer Help Desk is not able to resolve, it shall prepare and submit to the Support Centre an Error Report (“ER”) containing all relevant information required by the Company.  Company will make the ER form available for completion by Customer in an electronic, on-line format.

2.2       Standard support services for the Services are limited to the following;

 

(a)    reasonable maintenance advice and support in respect of documented performance failures referred to in Clause 2.1;

 

(b)    telephone help desk during 9am and 5pm UK time;

 

(c)    written error reporting service between COMPANY and CUSTOMER;

 

(d)    delivering and installing Upgrades at the CUSTOMER’S expense;

 

(e)    revisions of the Documentation dealing with Upgrades.

 

The CUSTOMER shall reimburse the COMPANY for all the COMPANY’S reasonable out of pocket expenses, where agreed in advance by CUSTOMER.

 

2.3       Where possible and where appropriate, the COMPANY will undertake to provide the delivery and installation of Upgrades using remote communications facilities.  As such the CUSTOMER  is required to provide the appropriate hardware and software products to enable this support mechanism.

 

2.4       The COMPANY reserves the right to refuse to provide standard support services for the Software without refund of any amount of the Fees paid by the CUSTOMER if:

 

(a)    any attempt is made by the CUSTOMER to deal with any performance failures in the Software without the express written approval of the COMPANY;

 

(b)    any attempt is made by the CUSTOMER to develop add to or vary the Software without the express written approval of the COMPANY;

 

(c)    the CUSTOMER has failed to pay Recurring Fees;

 

(d)    if applicable, the CUSTOMER changes the Target Environment without the COMPANY’s prior written approval which shall not be unreasonably withheld.

 

2.5       Should the COMPANY discover that any request for standard support services arises from incorrect use of the Licensed Material by the CUSTOMER or was unnecessary then the CUSTOMER if requested by the COMPANY, and provided it is material, shall pay for the relevant support services at the COMPANY’s then current charge out rates. Advice of such will be provided by the COMPANY to the CUSTOMER as soon as is reasonably possible.

 

2.6       Response times for Maintenance and Support services will be as follows:

The response time is the time, within support hours that acknowledgement from the Support Provider to the CUSTOMER will be given that a reported issue is being dealt with.

 

Resolution is the time in which the Support Provider will use all reasonable endeavours to have such issues resolved.

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