Maintenance
Contract
|
| Example
of Annual Support Contract (Hardware/Software) |
| Agreement
made the day
of |
| By
and between : "Customer" (hereinafter
called ‘the Client’ of the one part) |
| and: Meridion
Techonolgies (hereinafter called ‘the
Supplier’ of the other part) |
 |
| WHEREBY
it is agreed as follows: |
| 1.
General |
| |
In
consideration of the Contract agreed and undertaken
by the Client, the
Supplier
shall endeavour to provide support & maintain in good
working order the equipment referred to in the
Schedule
hereto,
upon the terms and conditions hereafter appearing.
<<Contract> and
<<Contract+> Plans require a full audit to be undertaken
on system installation
and / or pc's / workstations, so that a comprehensive support
plan can be implemented. It is a condition of
<<Contract> plan that access to system (particularly
server hardware, software and network infrastructure)
be limited to supplier staff and only those client
staff
agreed to be competent to undertake administrative
duties.
The
application software is current at time of
installation; information on updates, from time to
time available, is obtainable from the Supplier at the
request
of the Client.
|
| 2.
Preventative Support / Maintenance |
| |
The
supplier shall arrange, at times mutually convenient
to the Client and Supplier, dependent on and if covered
by contract agreement undertaken, for each machine as
detailed in
schedule,
to be checked, adjusted, cleaned and tested during each
period of twelve calendar months covered by the Agreement.
<<Contract> plan clients will be advised of available
system & security patches and have the opportunity of supplier
remotely or on-site, performing necessary update to ensure
system integrity. The
client is fully responsible for the proper care and housing
of the equipment and for the implementation of regular
back-up and archiving routines. The Supplier accepts
no responsibility for problems caused as a result of
poor housekeeping by the Client.
|
| 3.
First-Line Support |
| |
This
agreement is based upon first-line support via telephone
/ email / remote access (where appropriate). All such
support calls, will be initiated by the Client and the
service
is available
during the hours specified in relevant outline of contract
(excluding annual shutdown period between Christmas
and New
Year).
The
Supplier will provide operational help and
advice to the Client via Telephone / email / remote access
as is specified in relevant contract outline;
such help will relate to operational queries
only, Requests for software amendments/updates will be
dealt with separately and will be chargeable (where
required by software publisher).
|
| 4.
Repairs / Support Calls |
| |
The
Client has responsibility to report any defect occurring
to the system within 3 working days of the defect becoming
apparent.
On
receiving notice of a defect, the Supplier
will undertake remedial action, as appropriate, eg: telephone
advice, e-mail support, remote access, repair visit,
return of goods etc.
In
case of hardware breakdown any replacement items which
are supplied are covered by the terms of the manufacturers
warranty, as applicable. The Supplier has the option
to replace equipment rather than repair if this is considered
by the Supplier to be more appropriate.
Support / Repair visits shall be made on the basis outlined in the support contract/agreement undertaken:-
|
| |
<<Call-by-Call>
<<Contract>
<<Contract+>
|
| 5.
Parts |
| |
a)
Replacement of parts shall be made as necessary at inspection
visits and/or repair calls, at manufacturers current
prices.
b)
Consumable parts may be fitted free of charge provided
no special journey is required, otherwise consumable
parts are excluded from the Agreement.
|
| 6.
Exclusions |
| |
The
Supplier shall not be liable for the cost of repairing
and damage to the equipment caused by:
a)
theft, fire, flood, accident, explosion or acts of
God;
b)
misuse of the equipment by the user or additions to
the equipment not approved or fitted by the Supplier;
c)
inspection, adjustment or repair of the system equipment
by persons not in the employ of or agreed with the
Supplier.
|
| 7.
Support Charges |
| |
The
premium at the rate specified in Schedule
shall apply for a period of twelve months from the date
of the Agreement and shall continue thereafter unless
and until the rate is revised by the Supplier to cover
increased cost at the end of the first period or at the
end of any succeeding period of twelve months.
The
Supplier will provide one months advance written notice
of any
such revision to the Client.
Payment
will be by Standing Order (where applicable) in advance.
|
| 8.
Entry of Premises |
| |
The
Client shall allow all necessary access to their
premises to enable the Supplier to carry out services
and repairs as agreed. The Supplier shall comply with
the requirements of the Client in the matter of ensuring
the identity and bona fides of any engineer or other
person requiring to be admitted to the Client's premises
in connection with the Agreement.
|
| 9.
Termination |
| |
The
Agreement shall remain in force for one year from the
date of the acceptance by the Client and thereafter until
cancelled by either the Client or the Supplier on one
months advance written notice at the end of the current
contract period.
|