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Standard Peace of Mind Support Plan Terms
Standard Peace of Mind Support Plan Terms v1.0
1. PEACE OF MIND SUPPORT PLAN TERMS
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1.1 |
The client will have access the support helpdesk at Convergence, and will be in a position to log issues or faults as support requests with the supplier for resolution |
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1.2 |
The supplier will prioritise all incoming support calls internally based on the SLA [service level agreement] tables supplied with this plan |
2. SERVICE LEVELS
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2.1 |
The supplier undertakes to use its best endeavours to resolve all support requests within the target response times as indicated in our SLA tables |
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2.2 |
The client is able stipulate the priority level of a support items at the time that it is logged |
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2.3 |
The categorization above will be subject to verification / review by helpdesk staff at Convergence, and re-classification when required
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3. AFTER HOURS SERVICES
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3.1 |
Available hours for our helpdesk under this agreement [daily start and finish times] are recorded in the quotation document supplied with your plan |
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3.2 |
Any support services provided outside these recorded times will incur additional charges |
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3.3 |
In all cases such additional charges will be authorised by the client prior to work commencing |
4. ACCESS & ASSISTANCE
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4.1 |
The client will provide the supplier with appropriate access to its premises for the purpose of provision of support services |
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4.2 |
The client will provide reasonable assistance to the supplier in their efforts to isolate and resolve the cause of issues / faults |
5. REVIEW CYCLE
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5.1 |
The supplier will review this agreement every 90 days and may recommend changes to:
a. The scope
b. The monthly fee charged
c. The SLA level applied
d. The pro-active maintenance schedule
e. The terms of the agreement |
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5.2 |
Any amendments to the plan will be agreed by both parties and recorded in writing |
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5.3 |
Unless otherwise agreed in writing, any alterations to fee levels will come into effect from the review date [being a 90 cycle from commencement date] |
6. TERM OF AGREEMENT
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6.1 |
Discount levels for this plan are based on a 12-month term for the delivery of the agreed services |
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6.2 |
However, the initial and minimum term of this agreement is 90 days, being the period from the commencement date until the first review date |
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6.3 |
After completion of the above minimum term the agreement will automatically roll-over for another 90-day term, however, either party may give at least 30 days written notice to terminate the plan at the end of the current 90-day term |
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6.4 |
In the case of termination the client will forfeit the right to any undelivered annual components of the plan, such as a yearly planning session [where included] |
7. INVOICING
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7.1 |
The supplier will provide the client with a monthly tax invoice |
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7.2 |
Payment of this invoice is due on the 20th of the month following |
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7.3 |
The client will pay all sums due under this agreement without set-off or deduction |
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7.4 |
Invoice payment is a condition for continued performance by the supplier of its obligations under this agreement |
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7.5 |
If payment is not made on due date, or the client breaches any of its other obligations under this agreement then the supplier may suspend or terminate this agreement immediately by providing written notice to the client and any outstanding amounts become due for payment immediately |
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7.6 |
If the client does not pay any amounts due under this agreement, the client will [without prejudice to the supplier other remedies] pay to the supplier interest on demand [as liquidated damages] on the amount due from the due date until the date of payment at a rate of 2.5% above the current overdraft interest rate that the supplier has with its bank [in addition to the client remaining liable for the full amount outstanding] |
8. CONFIDENTIALITY
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8.1 |
Each party acknowledges that it will receive confidential information from the other party relating to technical, security and access, marketing, product, and/or business affairs. Each party agrees that all confidential information of the other party shall be held in confidence and shall not be disclosed or used without prior consent of the other party, except as may be required by law. Each party may satisfy this obligation of confidentiality so long as each party uses the same degree of care as it does to protect its own confidential information of a like kind. |
9. LIMITATION OF LIABILITY
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9.1 |
The parties shall not be liable to each other for any special, incidental, consequential loss or damage, economic loss, loss of profit, loss of revenue, or any other type of indirect damages arising out of this support agreement |
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9.2 |
The maximum liability of the parties to each other in respect of a breach of their respective obligations under this agreement shall be limited to the amount paid by the client to the supplier for the fees in respect of which the claim arises, provided that the parties shall not be liable to each other for any loss, damage, cost or expense suffered or incurred by one party as a result of any breach by the other party of the other party’s obligations under this agreement |
10. LIMITATION OF SCOPE
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10.1 |
The client shall implement all necessary procedures for the protection of information through an effective backup facility to enable restoration of data in the event of errors, malfunctions or other disasters. |
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10.2 |
Convergence shall not be responsible for any of the following:
a. The restoration of any data that has been lost due to the failure of the client to maintain adequate backups.
b. The correction of any error, malfunction or fault due to a failure on the part of the client to operate its IT systems in accordance with the intended use of such system.
c. The correction of any error, malfunction or fault due to any accident or disaster (including, but not limited to, fire, natural disasters or hardware failure etc.) affecting the client’s IT system(s) covered under this agreement.
d. The correction of any error, malfunction or fault in the Product due to any modifications or alteration made by the client. |
11. GENERAL PROVISION
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11.1 |
This agreement is governed by the laws of New Zealand |
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11.2 |
This agreement constitutes the sole and entire agreement and supersedes and prior oral or written promises or agreements |
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