Terms and Conditions for our Support Packages
The following definitions and rules of interpretation apply in this agreement.
(a) the first person to contact; and
(b) the persons in successively more qualified or experienced positions to provide the support sought.
Customer Cause: any of the following causes:
(d) the use of a non-current version or release of the any software.
Help Desk Support: any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues.
(a) any services provided by the Supplier in connection with any apparent problem regarding the Services reasonably determined by the Supplier not to have been caused by a Fault, but rather by a Customer Cause or a cause outside the Supplier’s control (including any investigational work resulting in such a determination); or
Service Specification: the specific services, functions and deliverables (if any) to be provided by the Supplier to the Customer as detailed in the Schedule.
Solution: either of the following outcomes:
Third Parties: other suppliers, service providers, vendors and other third parties contracted with the Customer.
1.2 The following rules of interpretation shall apply:
(c) the Schedule shall form part of this Agreement.
2. Services and support
(c) where Help Desk Support is not provided within the relevant Service Level response time and the Customer escalates its Support Request to an individual of appropriate qualification or experience on the Contact List, provide Higher-Level Support;
2.3 Any Higher-level Support requested by the Customer and provided by an individual whose qualification or experience is greater than that reasonably necessary to resolve the relevant Support Request shall be deemed an Out-of-scope Service, provided that an appropriately qualified or experienced individual was available at the time when the Higher-level Support was sought.
(a) no fault is found;
(b) Out-of-scope Services are required; or
(i) that power has been switched off or disconnected from a socket, device or external power supply unit;
(ii) that a network cable is disconnected at device, data point, switch or hub including at the communications cabinet;
(iii) that that the fault relates to a telephone line and/or broadband circuit unless the telephone line and/or broadband service has been supplied and is currently supported by the Supplier under a managed services agreement;
4. Submitting support requests
(b) such output and other data, documents, information, assistance and (subject to compliance with all Customer’s security and encryption requirements notified to the Supplier in writing) remote access to the Customer’s informational technology systems and infrastructure, as are reasonably necessary to assist the Supplier to reproduce operating conditions similar to those present when the Customer detected the relevant Fault and to respond to the relevant Support Request.
4.3 The Customer acknowledges that, to properly assess and resolve Support Requests, it may be necessary to permit the Supplier direct access at the Customer’s premises to the Customer’s information technology systems and infrastructure and the Customer’s files, equipment and personnel.
4.4 The Customer shall provide such access promptly, provided that the Supplier complies with all the Customer’s security requirements and other policies and procedures relating to contractors entering and working on the Customer’s notified to the Supplier.
5. Service levels
Service not available (all users and functions unavailable)
Significant degradation of service (large number of users or business critical functions affected,
Limited degradation of service (limited number of users or functions affected, business process can continue)
Service Requests (e.g. new equipment request /new starter or leaver)
5.5 The response times shown in the table below shall not apply to the following:
(a) additions, moves or changes to users, devices, configurations or network;
(b) issues reported otherwise than in accordance with paragraph 4.2 above;
(c) issues reported outside of Service Hours;
(d) issues caused by Equipment or Software not meeting the Supplier’s Minimum Standards;
(e) requests relating to Software that is not Approved Software (see paragraph 5.6 below);
(f) issues that have been caused by the Customer not acting on advice or recommendations given by the Supplier;
(g) issues caused by the Customer or third parties modifying any Equipment or Software configuration;
(h) issues related to user-initiated virus and malware infections;
(i) issues involving the sourcing of Equipment or Software; and
(j) issues involving Equipment or Software that are not under current warranty or maintenance coverage.
5.6 For the purposes of paragraph 5.5(e) above, the following Software is Approved Software:
Office 2016/2019 (Word, Excel, PowerPoint, Outlook), Visio 2016/2019, Project 2016/2019, Teams, OneDrive, Skype
5.6.2 Adobe CC:
Acrobat Reader, Acrobat Pro, Photoshop, InDesign, Illustrator
5.6.3 Web Browsing:
Google Chrome, Mozilla Firefox, Safari, Edge
OpenVPN, Draytek, Sophos
BitDefender, Malwarebytes, F-Secure, Microsoft Defender, Sophos
Veeam Agent, Fresh Tech Backup, Solarwinds Backup
5.5.8 File Sync:
DropBox, OneDrive, Google Drive
5.5.10 Operating Systems:
Windows 10 Pro, MacOS 10.12+
6. Service credits
(a) did not result (wholly or in part) from a Customer Cause or a cause outside the Supplier’s control (including, but not limited to, a Force Majeure Event or any delay or failure by a Third Party); and
6.2 The Supplier shall evaluate all information reasonably available to it and make a good faith determination of whether a Service Credit is owed.
6.3 The amount of the Service Credit will be equivalent to a day’s Service Fee per each hour or part hour in which the Supplier fails to provide a Solution beyond the Service Level Resolution Time.
6.4 Service Credits for a month in which the Supplier fails to provide a Solution within the relevant Service Level Resolution Time shall under no circumstances exceed the total monthly Service Fee for the for the same period (pro-rated where the billing period is longer than a month).
6.5 The provision of a Service Credit shall be the exclusive remedy for a particular Service Level failure. The Customer acknowledges that it has had the opportunity to obtain independent legal advice on the implications of this clause 6.5 and agrees to be bound by it.
6.6 Service Credits shall be shown as a deduction from the amount due from the Customer to the Supplier in the next invoice then due to be issued under the General Terms and Conditions. The Supplier shall not in any circumstances be obliged to pay any money or make any refund to the Customer.
7. Data back-up services
7.1 Where data back-up services are included, the following shall apply:
(a) The Supplier will provide the Customer with the ability to upload its data from its computer systems and store it on third-party servers for the purpose of offsite backup, and to restore this data if required.
(b) The Supplier will allocate to the Customer the designated storage quota for the storage of its data.
(c) The Supplier will encrypt the Customer’s data during transit and storage.
(d) The Supplier will store the Customer’s data in data centres providing a high level of environmental protection and physical security.
(e) The Supplier will automatically upgrade the Customer’s Allocated Storage Quota to ensure that its backups will continue uninterrupted should if the storage limit is reached.
(f) The Customer agrees not to permit any third party to use the data backup service.
(g) The Customer must not store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal offence or other unlawful act under any laws.
(h) The Customer agrees to securely store its service and access details and will not knowingly allow its service and access details, specifically any security codes or passwords, to be viewed or retrieved by any third parties.
(i) The Customer must promptly report any actual or suspected security breaches to helpdesk email and/or phone number (refer to client manual).
(j) The Customer agrees that it is solely responsible for paying in full any costs due to any third party that result from the use of the backup service.
7.2 Whilst the Supplier will use Commercially Reasonable Efforts to ensure the security and protection of the Customer’s data, no warranties are given that:
(a) the backup service will be available at all times without interruption;
(b) data centres will be free from unauthorised physical or remote access;
(c) data stored will be entirely safe from loss or corruption; and
(d) a full restoration of data is always possible.
7.3 The Customer’s attention is also drawn to the limitations on the Supplier’s liability in Clause 13 of the Conditions.