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Support and Maintenance Terms (from May 2014)

These 51D Support Terms, together with our General Terms, apply to our supply of support and maintenance services in respect of the 51D Software and 51D Enhanced Data. In the event of any conflict or inconsistency between these Support Terms and our General Terms, these Support Terms prevail to the extent of any conflict or inconsistency in respect of supply of support and maintenance services.

Our General Terms contain provisions which limit our liability to you, and contains terms used below.

1. Definitions

Authorised Individual each individual who is authorised to communicate with us in relation to Support Requests, as set out in the Order or as otherwise agreed in writing by us from time to time.
Support Request a proper request for Support Services that is submitted using our ticketing system.
Support Services services provided by 51D in response to a Support Request.

2. Support Services

2.1 51D operates a ticketing system at its Website. Support Requests shall be lodged through the ticketing system.

2.2 Support Requests shall include:

a. a detailed description of the problem;

b. the circumstances in which it has arisen;

c. in the circumstances in which the problem may be replicated by us;

d. the Support Services requested to address the problem.

2.3 You shall provide us upon request:

a. such further information and documentation as we may reasonably request to replicate problem;

b. programming language used for implementation;

c. API version;

d. data file type;

e. data file publish date;

f. log files;

g. configuration file; and

h. sample project highlighting problem.

2.4 You will appoint a single authorised individual to receive the Support Service on your behalf.

2.5 Should you require more than a single Authorised Individual additional Fees will be payable, which we will notify to you upon request.

2.6 Support Services are provided in respect of the current released version of Enhanced Software and Basic Software only.

2.7 Support Services are available to you provided that you remain in compliance with all of the terms of this Agreement.

2.8 You may raise up to 10 Support Requests during any 12 month period.

2.9 If you wish to raise additional Support Requests then additional Support Fees will be payable, which we will notify to you on request.

2.10 The Support Services do not apply in respect of any problems or issues arising out of or in connection with any of the following:

a. any software other than the then-current version of the 51D Software;

b. any modifications made to the 51D Software by anyone other than us;

c. interoperability of the 51D Software with third party software or services whether or not provided by us;

d. use of the 51D Software not in conformance with published documentation; or

e. failure to meet the minimum software or hardware requirements for use of the 51D Software.

3. Response Times

3.1 We will respond to any Support Request within 48 hours (excluding non-Business Days). Support Requests received after the end of Business Hours shall be deemed to have been received at the commencement of the next Business Day.

3.2 We will use reasonable endeavours to address and resolve the Support Request, but we will not be obliged to spend more than one hour of time diagnosing, addressing and resolving any Support Request. You may elect to allocate more than one Support Request to resolving the problem.

4. Term

4.1 This Agreement will continue for the Initial Term as set out in the Order. Upon expiry of the Initial Term, this Licence will automatically renew for the same length of time as the Initial Term, unless this Licence terminated by either you or us giving the other not less than three months’ notice of termination in writing, and such notice shall expire on the last day of the Initial Term or subsequent renewed term, as the case may be.

5. Additional Services

5.1 If any Support Request does not qualify for Support Services or is otherwise excluded, we remain entitled to raise additional Fees at our standard published rates for time and materials supplied for software development services.

6. Maintenance Services

During the term of this Agreement you will be entitled to download, install and use updated versions of the Enhanced Software to which you hold a current licence which we may make available on our Website from time to time. The 51D Software Licence shall apply to any such updated versions of Enhanced Software.

7. Warranties

7.1 We warrant that Support Services will be carried out with reasonable skill and care by suitably qualified developers.

7.2 It remains your responsibility at all times to clearly explain your requirements and to ensure that the Support Services are engaged to satisfy your requirements within the time allocated above for a ticket. We do not warrant that Support Services will meet your requirements if they remain unknown or unclear to us.

7.3 In the event of any breach of the above warranty, we shall, as your sole remedy, remedy that breach at our expense having regard for the time allocation to tickets. If we are unable to remedy that breach, we shall provide a credit for reasonable proportion of the Support Fees paid for the term then in force, having regard for your use of the Support Services, and the Support Services will immediately terminate.

7.4 You must notify us in writing of any breach of the above warranty within one month of when you became aware or ought reasonably to have become aware of it in order to benefit from the above remedy.

8. Performance of Support Services

8.1 51D shall not be required to perform any Support Services while sums remain due and payable under any agreement or licence with us.