Common use of Support and Services Clause in Contracts

Support and Services. 7.1 In consideration of Your payment of the Support Fee and the performance of all Your other obligations pursuant to this Agreement, We agree to provide the Support in accordance with the terms of this Agreement. 7.2 Maintenance Releases or details of such releases may be issued at Our discretion. 7.3 Support covers assistance in relation to significant operational errors that make the program set unusable when operated in conformity with the online user instructions in the help function in the program or the Documentation (as the case may be). Such errors shall be notified by You to Our Customer Support Department as published on the Website. We will use reasonable endeavours to attempt to correct or assist You to avoid errors thought to be suitable to the problem or at Our option resort to other means toward a mutually satisfactory solution. 7.4 The Support will be provided during the hours published on the Website excluding UK public holidays and where applicable any Republic of Ireland public holidays and any company shutdowns. Any such company shutdowns will be notified in advance on the Website. 7.5 The provision of any Support outside the Standard Support Hours is at Our sole discretion. Charges in respect of all time spent in providing any Support outside the Standard Support Hours will be invoiced to You at Our discretion at Our then current rates. 7.6 We will use reasonable endeavours to provide the Support promptly having regard to the availability of personnel, necessary supplies and facilities. 7.7 If You make unreasonable, excessive or inappropriate use of the Support, then We may at Our absolute discretion either suspend or charge extra for such Support and invoice You, and You agree to pay, for the additional Charges in respect of time spent supplying such Support at the then current rates. 7.8 The Support is compulsory as part of the supply of the Licensed Materials and is charged separately from the Licence Fee as part of the Support Fee. Where the Licensed Materials are supplied by a Reseller, the Reseller will provide the Support in respect of the Software in accordance with and subject to this Agreement, unless specified otherwise in the Invoice or other written notification We or a Reseller send to You. 7.9 We will perform the Services and produce any Deliverables in consideration of the Charges. 7.10 All Deliverables will be produced based on the data, information and explanations supplied by You. All information that We provide is supplied in good faith but We do not warrant or guarantee the accuracy or completeness of any information provided by Us or any third party. It is not within the scope of Our obligations to enquire as to, or to verify the accuracy or completeness of information that We receive from You or any third parties. 7.11 Any Deliverables will be produced for your exclusive use within your business. You are not permitted to disclose the Deliverables to any third party. 7.12 We shall not be obliged to provide any Services or produce any Deliverables under this Agreement which are not described in the Invoice or other written notification We send to You. 7.13 We shall only be obliged to provide the Services during Service Hours at the Location(s) unless otherwise agreed in writing. 7.14 We shall use reasonable endeavours to provide the Services in accordance with the Invoice. 7.15 The provision of any Services outside the standard Service Hours may be provided at Our sole discretion and all time spent supplying any Services outside these hours will be charged at the rates as specified in the Invoice or other written notification We may send to You. 7.16 We will use reasonable endeavours to ensure that the Services and/or the Deliverables are supplied promptly or (if applicable) by the Delivery Date or such other dates as agreed by the parties having regard to the availability of Consultants or other personnel but any delivery dates or times quoted for delivery, commencement or completion of any part of the Services or the Deliverables will be estimates only and time will not be of the essence. 7.17 The provision of Consultants or Our agents to perform Our obligations under this Agreement shall be at Our discretion.

Appears in 4 contracts

Sources: Licensing Agreement, Licence & Support Agreement, Licence & Support Agreement

Support and Services. 7.1 In consideration of Your payment of the Support Fee and the performance of all Your other obligations pursuant to this Agreement, We agree to provide the Support in accordance with the terms of this Agreement. 7.2 Maintenance Releases or details of such releases may be issued at Our discretion. 7.3 Support covers assistance in relation to significant operational errors that make the program set unusable when operated in conformity with the online user instructions in the help function in the program or the Documentation (as the case may be). Such errors shall be notified by You to Our Customer Support Department as published on the Website. We will use reasonable endeavours to attempt to correct or assist You to avoid errors thought to be suitable to the problem or at Our option resort to other means toward a mutually satisfactory solution. 7.4 The Support will be provided during the hours published on the Website excluding UK public holidays and where applicable any Republic of Ireland public holidays and any company shutdowns. Any such company shutdowns will be notified in advance on the Website. 7.5 The provision of any Support outside the Standard Support Hours is at Our sole discretion. Charges in respect of all time spent in providing any Support outside the Standard Support Hours will be invoiced to You at Our discretion at Our then current rates. 7.6 We will use reasonable endeavours to provide the Support promptly having regard to the availability of personnel, necessary supplies and facilities. 7.7 If You make unreasonable, excessive or inappropriate use of the Support, then We may at Our absolute discretion either suspend or charge extra for such Support and invoice You, and You agree to pay, for the additional Charges in respect of time spent supplying such Support at the then current rates. 7.8 The Support is compulsory as part of the supply of the Licensed Materials and is charged separately from the Licence License Fee as part of the Support Fee. Where the Licensed Materials are supplied by a Reseller, the Reseller will provide the Support in respect of the Software in accordance with and subject to this Agreement, unless specified otherwise in the Invoice Schedule or other written notification We or a Reseller send to You. 7.9 We will perform the Services and produce any Deliverables in consideration of the Charges. 7.10 All Deliverables will be produced based on the data, information and explanations supplied by You. All information that We provide is supplied in good faith but We do not warrant or guarantee the accuracy or completeness of any information provided by Us or any third party. It is not within the scope of Our obligations to enquire as to, or to verify the accuracy or completeness of information that We receive from You or any third parties. 7.11 Any Deliverables will be produced for your Your exclusive use within your Your business. You are not permitted to disclose the Deliverables to any third party. 7.12 We shall not be obliged to provide any Services or produce any Deliverables under this Agreement which are not described in the Invoice or other written notification We send to YouSchedule. 7.13 We shall only be obliged to provide the Services during Service Hours at the Location(s) unless otherwise agreed in writing. 7.14 We shall use reasonable endeavours to provide the Services in accordance with the InvoiceSchedule. 7.15 The provision of any Services outside the standard Service Hours may be provided at Our sole discretion and all time spent supplying any Services outside these hours will be charged at the rates as specified in the Invoice or other written notification We may send to YouSchedule. 7.16 We will use reasonable endeavours to ensure that the Services and/or the Deliverables are supplied promptly or (if applicable) by the Delivery Date or such other dates as agreed by the parties having regard to the availability of Consultants or other personnel but any delivery dates or times quoted for delivery, commencement or completion of any part of the Services or the Deliverables will be estimates only and time will not be of the essence. 7.17 The provision of Consultants or Our agents to perform Our obligations under this Agreement shall be at Our discretion.

Appears in 1 contract

Sources: License & Support Agreement

Support and Services. 7.1 In consideration of Your your payment of the Support Fee and the performance of all Your your other obligations pursuant to this Agreement, We we agree to provide the Support in accordance with the terms of this Agreement. 7.2 Maintenance Releases or details of such releases may be issued at Our our discretion. 7.3 Support covers assistance in relation to significant operational errors that make the program set unusable when operated in conformity with the online user instructions in the help function in the program or the Documentation (as the case may be). Such errors shall be notified by You you to Our our Customer Support Department as published on the Website. We will use reasonable endeavours to attempt to correct or assist You you to avoid errors thought to be suitable to the problem or at Our our option resort to other means toward a mutually satisfactory solution. 7.4 The Support will be provided during the hours published on the Website excluding UK public holidays and where applicable any Republic of Ireland public holidays and any company shutdowns. Any such company shutdowns will be notified in advance on the Website. 7.5 The provision of any Support outside the Standard Support Hours is at Our our sole discretion. Charges in respect of all time spent in providing any Support outside the Standard Support Hours will be invoiced to You you at Our our discretion at Our our then current rates. 7.6 We will use reasonable endeavours to provide the Support promptly having regard to the availability of personnel, necessary supplies and facilities. 7.7 If You you make unreasonable, excessive or inappropriate use of the Support, then We we may at Our our absolute discretion either suspend or charge extra for such Support and invoice Youyou, and You you agree to pay, for the additional Charges in respect of time spent supplying such Support at the then current rates. 7.8 The Support is compulsory as part of the supply of the Licensed Licenced Materials and is charged separately from the Licence Fee as part of the Support Fee. Where the Licensed Licenced Materials are supplied by a Reseller, the Reseller will provide the Support in respect of the Software in accordance with and subject to this Agreement, unless specified otherwise in the Invoice or other written notification We we or a Reseller send to Youyou. 7.9 We will perform the Services and produce any Deliverables in consideration of the Charges. 7.10 All Deliverables will be produced based on the data, information and explanations supplied by Youyou. All information that We we provide is supplied in good faith but We we do not warrant or guarantee the accuracy or completeness of any information provided by Us us or any third party. It is not within the scope of Our our obligations to enquire as to, or to verify the accuracy or completeness of information that We we receive from You you or any third parties. 7.11 Any Deliverables will be produced for your exclusive use within your business. You are not permitted to disclose the Deliverables to any third party. 7.12 We shall not be obliged to provide any Services or produce any Deliverables under this Agreement which are not described in the Invoice or other written notification We we send to Youyou. 7.13 We shall only be obliged to provide the Services during Service Hours at the Location(s) unless otherwise agreed in writing. 7.14 We shall use reasonable endeavours to provide the Services in accordance with the Invoice. 7.15 The provision of any Services outside the standard Service Hours may be provided at Our our sole discretion and all time spent supplying any Services outside these hours will be charged at the rates as specified in the Invoice or other written notification We we may send to Youyou. 7.16 We will use reasonable endeavours to ensure that the Services and/or the Deliverables are supplied promptly or (if applicable) by the Delivery Date or such other dates as agreed by the parties having regard to the availability of Consultants or other personnel but any delivery dates or times quoted for delivery, commencement or completion of any part of the Services or the Deliverables will be estimates only and time will not be of the essence. 7.17 The provision of Consultants or Our our agents to perform Our our obligations under this Agreement shall be at Our our discretion.

Appears in 1 contract

Sources: License Agreement