In this Maintenance and Support Policy (Policy), unless the context requires otherwise:
Application means the software application or applications made available to the Customer by the Supplier;
Authorised User means the Customer’s authorised end users for the Application;
Customer means the entity obtaining access to the Application;
Customer Access Facilities means telecommunications, networks, systems and any other facilities (including any connection, hardware, software, web services, third party content or software or equipment) used, or required, by or on behalf of the Customer for accessing and making use of the Application but excluding any telecommunications connection, hardware, software, web services, third party content or software, or equipment provided by the Supplier to the Customer from time to time;
Defect means a defect, error or malfunction in the Application, including but not limited to a non-conformity with the Documentation;
Documentation means the user documentation and any other operating and reference manuals relating to the use of the Application, as supplied by the Supplier to the Customer;
Fees means additional charges for the Maintenance and Support Services calculated on a time-and-materials basis];
Maintenance means any hardware and/or software maintenance performed by the Supplier to ensure that the Application is functioning in accordance with the Documentation;
Maintenance and Support Services means the services specified in clause 2 of this Policy;
Supplier means Eltav Investments Pty Ltd ABN 18 652 146 776 and Bodhicorp Pty Ltd atf Gadens Service Trust No. 2 ABN 76 950 746 247; and
Update means an updated version, indicated by a higher numerical version number, of the Application with enhancements, additions to functionality, performance improvements, and/or corrections, changes or workarounds for any Defects.
2. Maintenance and Support
The Supplier will:
(a) develop and provide Updates for any Defects discovered by the Customer or the Supplier as soon as commercially reasonable;
(b) use commercially reasonable endeavours to schedule and perform Maintenance during low traffic times and/or out-of-office times;
(c) where urgent attention is required, perform Maintenance on an emergency basis; and
(d) Provide and maintain an online and telephone helpdesk which allows Authorised Users of the Customer to request Maintenance and Support Services via email or telephone.
(a) The Supplier’s provision of the Maintenance and Support Services is subject to the following conditions:
(i) the Customer will provide the Supplier with reasonable access to the Customer Access Facilities and Authorised Users as required by the Supplier to comply with its obligations under this Policy;
(ii) the Customer and its Authorised Users will document and promptly report all Defects to the Supplier;
(iii) the Customer will take all steps necessary to carry out Updates for the rectification of Defects within a reasonable time after such Updates have been received from the Supplier;
(iv) the Customer will train any Authorised Users accessing the Application in the proper use of the Application prior to granting them said access;
(v) the Customer will obtain, maintain and operate the Customer Access Facilities compliant with the Documentation; and
(vi) the Customer will maintain and operate an appropriate level of security for its Customer Access Facilities.
The Supplier is not obliged to provide the Maintenance and Support Services or may charge additional Fees if those Services are requested or required as a result of or related to:
(a) operation of the Application with any connection, hardware, software, web services, third party content or software or equipment not authorised, meeting or maintained in accordance with the Documentation or this Policy;
(b) use of the Application that deviates from any operating procedures established by the Supplier in the applicable Documentation;
(c) any modification, alteration or addition or attempted modification, alteration or addition of the Application (unless such modifications were produced by the Supplier or authorised by the Supplier in writing);
(d) failure of a data provider or failure of a telecommunications connection, hardware, software, web services, third party content or software, or equipment not provided by the Supplier; and
(e) support for any third party supported applications or systems other than the notification and escalation to the relevant third party support supplier.
5. Support Access Points
Telephone: +61 7 3223 4743
6. Changes to this Policy
(a) The Supplier may change this Policy at any time by notice to the Customer.
(b) If the Customer does not wish to accept the changes to this Policy, it must notify the Supplier of its termination of its use of the Application within 30 days of the Supplier’s notice of the changes to this Policy.
(c) If the Customer does not give its notice of termination within the period prescribed in clause 6(b), the changes to this Policy will apply with effect on 30 days after the date the Supplier sent the notice of the changes to this Policy to the Customer.