Software maintenance in software engineering is the modification of a software product after delivery to correct faults, to improve performance or other attributes.
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.
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. We render our support on all working days from Monday to Friday from 10.00 AM to 5.00 PM except Saturday,Sundays and National Holidays.
3. 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;
4. If Consultsoft is unable to resolve an issue by giving support via telephone or mail, then the End-User shall to provide remote access to their server to the technical support of Consultsoft for trouble shooting and resolution.
5. 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(Maximum 3 on-site Visits per AMC/ASC - Quarterly basis), and 2 days reserved for Year End Period
6. 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.
7. The scope of support will be restricted to only such site termed as ‘End-User’s Site’.
8. Support services will be provided only on the Product covered in Appendix-A 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.
9. 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.
10. If we do not undertake the necessary services as mentioned here in this agreement, then accordingly Consultsoft agrees to refund part or the entire amount to the Client.
11. 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.
12. 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.
13. Client shall provide legal copy of Software CD, so that, our full support shall be provided for re-installation and configuration.
14. 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.
CONSULTSOFT’s provision of Support to End-User is subject to following:
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 AMC/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 AMC/ASC agreement, to take then subsequent effect.
8. Additional Services
1. Support Fee:
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
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.
8. CONSULTSOFT is not responsible for :