Limitations on Support Services. 5.1 If the total hours spent by the personnel of the Provider performing the Support Services during [any calendar month] exceed [amount] then: (a) the Provider will cease to have an obligation to provide Support Services to the Customer during the remainder of that period; and (b) 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: (a) [any factor outside the scope of the Support Services]; (b) [the improper use of the Software by the Customer]; or (c) [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: (a) those Support Services; and (b) any subsequent Support Services provided in relation to the issue with the consent of the Customer, at its standard time-based rates. A free, short-form software support services agreement. The document may be used in relation to the provision of helpdesk-based support services for software. It is not intended to cover software maintenance services, or indeed any other software-related services. This document is substantially identical to our basic software support agreement, but with the edition of an SEQ legal credit, which under our licensing terms you must retain in the document during use. This agreement is not suitable for use where the service provider will be acting as a data processor with respect to personal data supplied by the customer. In these circumstances, data protection law requires the inclusion of certain clauses in the contract. Such clauses are included in some of the longer versions of this agreement that we publish (namely, the software support agreement (standard), and the software support agreement (premium). Insert the date of execution of the document.
Appears in 3 contracts
Sources: Free Software Support Agreement, Free Software Support Agreement, Free Software Support Agreement