Software Support and Maintenance
Software maintenance in software engineering is the modification of a software product after delivery to correct faults, to improve performance or other attributes. Software support agreement is an integral and essential part of an investment made to calibration software.
What is a software support agreement?
A software support agreement is typically a fixed-fee fixed term or automatically renewed service agreement where the customer is entitled to receive certain specified services for certain specified software during the term of the agreement for a fixed fee, which services typically include provision of software updates and helpdesk support.
- On-site and Remote Post-Implementation
- Remote Technical Support
- Remote System/Database Management
- Application Maintenance
1. Response Times : Company Shall attend a malfunction /bug/or any sort of problems of the software mentioned in this contract agreement on receiving a call by our Servicer Co-coordinator within 1-to-2 hours (and depending on the client location 1-to-4 working hours).
2. Support: During the tenure of this Maintenance Agreement, and subject to payment of Support fee, Consultsoft shall provide Support to the End-User in accordance with the terms and conditions as specified herein;
- Level 1 Support: Consultsoft shall assist End-User by telephone or electronic mail, in identifying the problem in the Product based on the information provided by the End- User.
- Level 2 Support.Consultsoft shall address the problem and provide solutions to the same by providing information assistance, support releases, workarounds, update disks, immediate disk correction, patches, or other available solutions
- Level 3 Support: In the event that Level 2 Support does not address the problem faced by the End-User, Consultsoft shall provide reasonable efforts to fix the errors in the Product and to regularize the functioning of the product.
3. Even after using remote access if the issue is not resolved, then based on an approval from End-User, Consultsoft shall arrange for on-site visit of its consultant to trouble shoot and resolve the issue. This on-site visit Fee for the consultant’s time shall be waived, if the root cause of the issue is due to software failure or bug in the product; However Consultsoft shall be entitled to the out of pocket expenses including the Travel, Boarding, Lodging and conveyance expenses.
4. In the event that the End-User requires on-site support, for whatever reason, the same will be provided under the commercial terms defined in agreement.The scope of support will be restricted to only such site termed as ‘End-User’s Site’.
5. Support services will be provided only on the Product covered in agreement of the Invoice and Consultsoft shall not support product that is altered or modified independently by End-User. Moreover, Consultsoft shall have no liability to render Support services under this Agreement, in the event that the End-User has failed to install an updates/upgrades provided by Consultsoft.
6. During the tenure of this Agreement, the End-User may contact Consultsoft’s Support Department by way of logging a ticket in Customer Support Portal. The End-User can contact Support Team by telephone or e-mail during the Service Hours by giving the reference to the ticket number generated by the Customer Support Portal.
7. Since Consultsoft has access to highly sensitive data while servicing or carrying out the necessary bug fixing we undertake that all data or information shall be kept duly with utmost confidentiality & security.
8. All software programmers specifically mentioned in the ASC List shall be supported, provided Client provides the legal/ licensed version of such software in disc and where the problem reported can be resolved by use of such software. Any problem which cannot be resolved by the use of the licenses version of the software held by Client shall be beyond the scope of the agreement, and Client shall have such problem resolved by the software provider.
9. Client shall provide legal copy of Software CD, so that, our full support shall be provided for re-installation and configuration.
10. Any new version or upgrade of the Products that are released will be delivered free of charge by Consultsoft Support team as part of this Agreement. However, the on-site visit (to End-User site) for the implementation effort, if any, for installation will be charged as per the Fee given in agreement.
1. CONSULTSOFT’s provision of Support to End-User is subject to following:
- End-User shall provide CONSULTSOFT with necessary access to End-User’s equipment. This access includes the ability to dial-in to the equipment on which the product is installed / operating and may also include the ability to obtain the same access to the equipment, as those of End-User’s employees and their IT Administrator, for such time and period, for the purposes of resolving the problems and issues faced by the End-User in the product supplied by CONSULTSOFT.
- End-User shall implement procedures for the protection of information and ensure implementation of backup facilities, to enable restoration of data, in the event of errors or malfunction of the software product or equipment.
- End-User shall promptly report all detected errors or malfunctions of the product to CONSULTSOFT.
- End-User shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time, as and when such procedures have been received from CONSULTSOFT.
- End-User shall maintain a current backup copy of all Programs and data.
- The End-User shall not permit or authorize anyone other than CONSULTSOFT to provide any maintenance services in respect of the Product during the Tenure of this agreement.
- End-User shall appoint one individual (skilled technically) within each of End- Users’ sites who serve as primary contacts between End-User and CONSULTSOFT regarding the registry and report of Support Calls. The names of the said personnel shall be promptly intimated to CONSULTSOFT. All of End-User’s Support inquiries shall be initialized through these contacts.
2. Shall use uninterrupted power supply (UPS) or standard voltage stabilizers to ensure regulated power supply for Database Server (For avoiding data loss).
3. System-Upgrades shall undertake after informing CONSULTSOFT in advance, in writing.
4. Shall take precautionary steps to avoid viruses etc. entering into the Computer Systems
5. Shall ensure that the Software under this AMC/ASC agreement signed with us are not rendered transferable to any other company/ party.
6. If any system is relocated to any other place or any system is discarded, which is under the ASC agreement, then, this must be done only after informing CONSULTSOFT in writing and giving them a prior notice thereby. If CONSULTSOFT does not receive any prior intimation of this from Client in writing, then all resulting incurred ASC charges shall also therefore have to be also paid accordingly by Client
7. Support Renewal: The duration of this ASC is twelve (12) calendar months from the inception date previously mentioned in this document. Clients not wishing to renew this ASC agreement must inform CONSULTSOFT in writing, one month prior to the termination of the current agreement. Failure to inform of this shall result in CONSULTSOFT assuming that the existing agreement shall be renewed and shall run concurrently thereafter the due expiry date and all charges accrued thereby shall be made to Client on a monthly pro-rated basis accordingly. A Formal Renewal Agreement shall be usually otherwise be made and signed by both parties by or prior to the expiry date of this ASC agreement, to take then subsequent effect.
8. Additional Services :
a. CONSULTSOFT may provide additional services such as on-site support, adhoc reports generation, new module deployment support, bulk data upload, minor customizations, non-production environment support, additional training etc., on such terms and conditions as may be mutually agreed. These services will be made available on a time and materials basis, including expenses. The Fee for additional services is defined under agreement.
b. On regular basis the end-user may need additional services such as the ones listed above for their smooth business operation. These services are not covered under the scope of work of standard support agreement.
1. Support Fee
- In consideration of the Support services, the End-User shall have paid a sum as given in agreement plus applicable taxes and levies as Support fee, which is non-refundable under this agreement. The said Support Fee pertain to such modules of the Product listed in agreement only and the above fee shall be revised if the End-User decides to purchase the license and support services for any additional modules at a later date.
- All Invoices raised for site visits and/or any other Fee shall become payable within 30 days from the date of Invoice.
- Since the changes add on to development cost, the AMC amount will also be increased proportionally.
2. Revision of charges:CONSULTSOFT shall be entitled to increase the Support Fee after a one year Tenure, by giving the End-User not less than Fourteen (14) days written notice, prior to the expiration of the then current Support Tenure. Where and whenever such notice is given, the End-User shall have the right to terminate this Agreement as from the date on which such notice expires or End-User decide not to accept the revision of charges and decide to discontinue the Support services.
3. Delay :If any sum payable under this Agreement is not paid within thirty days after the due date then (without prejudice to the CONSULTSOFT’s other rights and remedies), CONSULTSOFT reserves the right to charge interest on an unpaid amount on a day to day basis at the rate of fixed interest per month. In addition or in the alternative, the CONSULTSOFT at its discretion may suspend the provision of Support until such time as payment is made.
4. Intellectual Property and Confidentiality
- In the course of providing Support under this Agreement, if CONSULTSOFT creates documentation or other material protected by copyright, or any other intellectual property right, all legal and beneficial rights to the same shall vest with CONSULTSOFT and End-User shall have no rights to the same beyond a non-exclusive right to use for internal purposes
- CONSULTSOFT shall establish and maintain such security measures and procedures as are reasonably practicable to provide for the safe custody of the End-User’s information and data in its possession and to prevent unauthorized access thereto or use thereof. The parties shall treat as confidential the terms of this Agreement and any other information or data, which it receives from the other party in the course of this Maintenance Agreement and shall not disclose the same to any third parties or any of its employees except on a need to know basis.
5. Subcontracting and Assignment: CONSULTSOFT may engage the services of sub-contractors to perform any of its duties of Support without the prior permission of End-User. However, sub-contracting of such duties shall NOT relieve CONSULTSOFT of responsibility for their due performance, unless otherwise agreed in writing. End-User may not assign its rights, obligations and interests herein without the prior written consent of CONSULTSOFT.
6. Limitation of Liability: CONSULTSOFT’s entire liability under this Maintenance Agreement is limited to 12 months Support Fee payable by the End-User under this Agreement. In no event shall CONSULTSOFT be liable to the End- User for consequential, incidental, special or other indirect damages such as loss of profits herein whether by contract or tort, even if such party has knowledge of the likelihood of such damages.
- CONSULTSOFT hereby warrants that its title to the copyright and other intellectual property rights in the Software Program and the Documentation are free and unencumbered and that it has the right power and authority to grant this License.
- CONSULTSOFT warrants that the Support services will be performed by appropriately qualified personnel with due care and diligence and to such high standards of quality as it is reasonable for the End-User to expect in all the circumstances.
8. CONSULTSOFT is not responsible for
- Damage to the Software due to virus attack or loss of data under any circumstances or due to any other extraneous reasons.
- Our engineer/personnel are not allowed to do the necessary bug fixing or are delayed to carry out the necessary bug fixing due to refusal of access or permission.
- CONSULTSOFT shall not aid or assist in loading of any software which is not a duly licensed version or is a pirated version and shall not be responsible , nor liable on any account whatsoever , for any illegal software loaded on the Computer of Client.
- If Legal Software (Operating systems, Antivirus, Application Software’s) which is not purchased from CONSULTSOFT, installation for the same is chargeable.