Limitations on Support Services. 5.1 For the “Standard” level only, if the total hours spent by the personnel of the Provider performing the Support Services during any calendar month exceed 20 hours then: 1. the Provider will cease to have an obligation to provide Support Services to the Customer during the remainder of that period; and 2. the Provider may agree to provide Support Services to the Customer during the remainder of that period, but the provision of those Support Services will be subject to additional Charges. 5.2 The Provider shall have no obligation to provide Support Services in respect of any issue caused by: 1. any factor outside the scope of the Support Services; or 2. the improper use of the Software by the Customer; or 3. any alteration to the Software made without the prior consent of the Provider. 5.3 If the Provider provides Support Services at the request of the Customer and the Provider, after beginning the provision of those Support Services, reasonably concludes that the Provider has no obligation to provide those Support Services by virtue of the exceptions set out in Paragraph 5.2, the Provider may levy additional Charges in respect of: 1. those Support Services; and 2. any subsequent Support Services provided in relation to the issue with the consent of the Customer, at its standard time-based rates.
Appears in 3 contracts
Sources: Support Agreement, Support Agreement, Support Agreement