Maintenance Support Agreement

CareCover Extra Level

(Download Microsoft Word Version)

TERMS AND CONDITIONS

1. Commencement
This agreement shall be binding on the parties hereto on the User's initial order for maintenance and the commencement date of the agreement shall be the date of installation.
2. Agreement Term
The agreement shall be for three years unless otherwise stated and shall continue from year to year unless and until determined by either party giving to the other not less than two weeks prior written notice by registered post to expire at the end of the first year or upon any anniversary of the commencement date thereafter.
3. Equipment
The equipment covered by this agreement is as detailed in the attached equipment schedule and any additional equipment or upgrades supplied will be identified on an additional equipment schedule and charged in addition to the charge detailed above.
4. Cover
The Company will provide the following cover under this agreement:
1) Access to the Storacall Technical Helpdesk for all issues, queries and support requests during business hours 9.00 am to 5.00 pm seven days per week excluding bank holidays.
2) Contact with the helpdesk by telephone, fax, e-mail or on line web support request form.
3) Issue of a fault call log number by the helpdesk in the event of it being established that there is a fault with the system.
4) On line diagnostic appraisal and rectification of fault if feasible and subject to availability of remote access.
5) Despatch of field service engineer at the Company's cost within agreement service level time to the User's premises during business hours seven days per week excluding bank holidays in the event that the fault cannot be solved on the telephone or on line.
6) Provision of all necessary replacement equipment, parts, components and materials subject to exclusions as per clause 6.
7) Escalation of fault handling in line with Storacall standard escalation procedures.
The Company will provide the above services at its expense using it's own engineers, agents or contractors and the User will give access to the equipment for this purpose.

5. Response service levels
The Company will provide support and service during normal working hours, 9.00am - 5.00pm seven days per week excluding Bank Holidays and use its best endeavours to meet the following target response times:
1) Response to a helpdesk request within 1 hour.
2) Field engineer to User's site within 4 hours.
6. Cover Exclusions
The following exclusions apply to this agreement:
1) If the damage or breakdown has been caused by default or carelessness of the User or by misoperation of the equipment the repair will be at the expense of the User.
2) It is the Users responsibility to ensure that all hard disk and particularly statistical data is backed up on a regular basis and in the event of a loss of data the cost of recovery will be at the expense of the User.
3) New or replacement tapes, DVD and accessories will be at the User's expense and the Company will charge for tape rebuilds unless tape rebuild cover has been included in this agreement.
4) If the User requires service outside the agreement hours and gives the Company reasonable notice then the Company will provide it subject to payment of extra charges in accordance with the standard scales and terms of the Company, then in force.
5) Service visits specifically booked for late afternoon at the Users request will be subject to an overtime surcharge if the visit exceeds normal working hours.
6) The Company accepts no responsibility for defects caused by the equipment of any other communication Company or the electrical supply or if caused by inadequate cooling or ventilation in server location, virus infections from customer network or data, lightning strike, flooding, explosion, war or acts of god and reserves the right to charge for service thus caused.
7) All work required to maintain correct operation of the Storacall equipment arising directly from changes made to externally connected equipment such as telephone systems or services, will not be covered by the maintenance contract and will be treated as a re-installation or re-configuration project according to the nature of the changes. Any significant changes planned for externally connected equipment must be notified in writing to Storacall in advance and we may require that one of our engineers be present at the expense of the User during the changeover.
8) The agreement does not cover work relating to re-installation or system re-configuration which will be at the expense of the User. In any case other than the above sub clauses (1) to (8) the repair will be at the expense of the Company.
7. Maintenance Charges
1) The annual charge shall be as detailed in Schedule of Maintenance Charges.
2) The User shall pay all VAT payable on the charges, under this agreement at the time of payment of such charges.
3) The Company reserves the right to adjust maintenance charges for payments falling due on or after the expiry of the first year by notification of the increase thereof endorsed on the invoice for the maintenance charge provided that such Invoice and notice thereon endorsed shall be served on the User at least 2 weeks before the adjustment is to take effect.
4) In the case of PC based equipment, the user will provide remote access capability of the user’s choosing so that Storacall can carry out maintenance remotely. If this access is not provided and Storacall need to send an Engineer to site to perform maintenance that could have been carried out remotely Storacall will charge a standard call out fee to cover the cost of an engineer site visit.
5) No work of maintenance will be undertaken by the Company if at the time such work is requested the User has failed to pay any outstanding monies due to the Company.
8. General
1) This agreement may not be assigned by the User without the consent of the Company such permission not to be unreasonably withheld and the User agrees to pay to the Company an assignment fee of £45.00.
2) Subject to Clause 4 the User must not attempt to repair the equipment in the event of a breakdown but must contact the Company.
3) In the event of a hardware failure the Company reserves the right subject to the forgoing clauses to replace with an alternative part or system of equal or superior specification. Where the system is over five years old the company reserves the right to insist as a condition of on going maintenance cover that the hardware element of the system is upgraded at the users cost.
4) Nothing in this agreement shall render the Company liable for any consequential loss, damage or inconvenience.
5) If support or site call out is due in the company's opinion to a lack of training of the User's personnel the Company reserves the right to withhold further support until the User has training at the users expense.
6) The Company shall not be liable for any delays in the execution of any work of repair, replacement or removal of or to the equipment due to any circumstances beyond the Company's control and the Company's obligations in that behalf shall be suspended during any period any such delay beyond its control.
7) The Company will not recognise any variation of the terms and Conditions of this agreement unless the same is evidenced in writing and such evidence signed by a Director of the Company.
8) It is a condition of this agreement that the User provides the company with a valid e-mail address for the purpose of support.
9) The Company may assign the benefit of or its rights under this agreement without notifying the User.
10) The User will promptly notify the Company of any change of address at which the Equipment is installed and in the event that the Equipment is removed to an address outside the Company's normal service area, the Company shall be entitled to cancel this contract and to pay to the customer such rebate as the Company shall consider appropriate.
11) The Company reserves the right to change the terms and conditions of this agreement and any such changes will be published at www.storacall.co.uk and will be effective at renewal thereafter.
12) If the User moves the equipment to a higher maintenance charge area the User will be liable to pay any increase in charges that are applicable.
13) The Company shall be entitled to inspect the equipment before accepting any proposal.