Common use of Software Support and Maintenance Services Clause in Contracts

Software Support and Maintenance Services. The Software Support and Maintenance Services comprise and are limited to the following: (a) Fault diagnosis and where possible recommendations for correction, subject to the limitations imposed by the contractual restrictions of any third party, following the reporting of any Software problem by the Customer to the Supplier Contact Centre. The Supplier undertakes to register and allocate a priority for the problem within one [1] working hour of receiving the Customer’s call. The Supplier will, acting reasonably, classify any problem as critical or non-critical to the fundamental operation of the Software and the following procedure will apply: Critical Problems: The Supplier will attempt to generate a fix by modifying the Software to conform to its specification and sending the modification to the Customer as soon as possible. The supplier will use all reasonable endeavours to correct any defect in the Software by reason of which it does not conform to its specification, or to modify the Software to obviate or mitigate the effect of the defect. Non-critical problems: The Supplier will attempt to generate a fix for incorporation in the next release of the Software. Where feasible, the Supplier may provide a temporary workaround to the Customer. The Supplier will determine what action, if any, it proposes to take, based amongst other things, on the importance of the problem to the Customer, and the likely benefit of any solution. The Supplier reserves the right to abandon attempts to correct a non-critical problem reported by the Customer where either the costs to the Supplier are likely to be excessive or the general benefits to the Supplier’s customers at large are likely to be negligible, in the opinion of the reasonable business man; (b) Diagnosis and solution of operational problems will generally be carried out remotely from the Customer site. If it becomes necessary to carry out the Software Services at the Customer site, such work will be chargeable at the Supplier’s then prevailing daily rate, along with any travel, accommodation and subsistence expenses incurred, payable monthly in arrears in accordance with the payment terms stated in this Agreement; (c) Licenced use of new versions of the Software and any Changes released by the Supplier.