Direct Sales Support And Maintenance Services Terms
Unless otherwise agreed in writing between the Fleet Complete entity defined within the Order form executed by the Client (“Fleet Complete” or “FC”) and the Client, these Support and Maintenance Services Terms apply to the provision of Support and Maintenance (each as hereinafter defined) by FC for supported versions of its products.
1.1 In these Support and Maintenance Services Terms the following terms shall have the following definitions:
(a) “Client” means a client or customer that has purchased an FC Product (as defined within the Fleet Complete Hardware Warranty) from FC or an FC authorised source.
(b) “Client POC” means up to two (2) employees of Client who have been identified in writing by Client as being authorized to issue a Client Support Request to FC or to otherwise contact FC for Support.
(c) “Client Support Request” or “CSR” means the report described and defined in paragraph 3.1 hereof.
(d) “Maintenance” means the services described in Section 2.3 hereof.
(e) “Maintenance Release” means a new version of the Software or an update to the Software that is generally provided to Client with valid Support and Maintenance contracts that provides for bug fixes and error corrections and which is identified by FC as Maintenance Release X.n, where “n” is any number other than 0.
(f) “Major Release” means a release that includes significant new functionality to one or more FC Software products, and which is identified by FC as Release X.0.
(g) “Patch” is defined as software code that is applied over an existing installed release to fix a specific Severity 1 problem that originated from a Client Support Request and which is identified by FC as X.n.z on a Maintenance Release Patch and as X.0.z on a Major Release Patch, where in each case “z” is any number other than 0.
(h) “Software” means the supported version or versions of Fleet Complete Software product to which these Support and Maintenance Service Terms apply.
(i) “Specifications” means the specifications set forth in the user Documentation for the Software.
(j) “Support” means the services described in Section 2 hereof.
(k) “Ticket” means FC’s written acknowledgement of receipt of a CSR from the Client.
(l) “Workaround” means a solution to a problem that is delivered as instructions on how to avoid the problem and achieve equivalent functionality.
1.2 Unless the context otherwise specifies or requires, capitalized terms used herein and not defined herein shall have the meanings given to such terms in the license agreement for the Software.
2. SUPPORT AND MAINTENANCE SERVICES
2.1 Software Support FC will only provide technical support for the Fleet Complete Direct branded products within Canada and shall not provide support in relation to any other hardware or software or other products. FC support shall consist of providing telephone or email assistance related to the use or location of features in the Software. Support also consists of setup and configuration of the Software or its various components (not including data entry) and any issues resulting from user error or misuse that can be corrected through the Software itself and do not require any direct database access or programming.
2.2 Support Hours
(a) Telephone – 365 24/7 support will be provided by calling +49 2 28 30 40 17 61 or emailing firstname.lastname@example.org during weekdays (Monday through Friday) between the hours of 8:00AM – 5:00PM local time, excluding statutory holidays. FC Support personnel will respond to CSRs in accordance with the procedures outlined in Section 3 hereof.
2.3 Maintenance Services
(a) Server Maintenance – FC is responsible for maintaining the servers operating the Software. The Software shall generally be available 99% of time, measured monthly (excluding periods of scheduled maintenance and upgrades, which shall not exceed 10 hours per month), provided that there is no occurrence of an event that in accordance with applicable law is deemed to be a force majeure event. Planned maintenance by FC commences between 12am and 3am in the regional time zone.
(b) Maintenance Schedules – FC shall provide Maintenance Releases and Patches as required in order for the Software to continue to be compliant with the Specifications. Scheduled maintenance is also completed during this same time.
2.4 Excluded ServicesSupport does not include assistance related issues resulting from Client error or misuse that cannot be corrected through the Software and require data manipulation directly in the database or other database programming, including any issues resulting from Client changes to the physical environment (including but not limited to Client’s network, computers or mobile devices) that requires reinstallation of the Software and/or Windows or other network or hardware troubleshooting and correction. Any services required from FC by Client to correct the foregoing problems shall be charged as professional services at FC’s then current professional services rates.
2.5 Software Changes – When FC intends to implement an upgrade, new release, new version or material modification (each, a “Change”) to the Software, such updates will be completed any day of the week and at any time. Major software updates or updates requiring downtime will be communicated with five days’ notice to clients and scheduled between 12am and 3am in the regional time zone on any day of the week.
3. PROBLEM REPORTING
3.1 For each Client request for Support, Client shall provide FC with a written report (a “Client Support Request” or “CSR”) including, where possible, a description of how to repeat the condition that brought about the problem and the observed system behaviour. A Client Support Request shall be mailed electronically or communicated verbally. FC shall use reasonable commercial efforts to acknowledge the receipt of CSRs and issue a Ticket in a timely manner after receipt in accordance with the priority level of the reported problem. FC shall identify each outstanding issue relating to CSRs or technical issues with a unique “Ticket Number” for tracking purposes. Upon request, FC shall provide Client with a status on any bug or error logged for Client, provided that Client identifies the particular bug or error by the Ticket Number assigned to it by FC.
3.2 A Client Support Request will not be closed until the Client has notified FC Support that the Client is satisfied with the resolution of the reported problem or 30 days has passed since receiving resolution notification, whichever occurs first. If the problem resolution is not satisfactory to the Client, the CSR will be re-opened, the reason for the Client’s non-acceptance will be noted and the CSR routed back to the Third Level Engineering Team.
3.3 If FC has requested further information and the information has not been received within a certain period of time FC may decide to close the CSR. Time limit guidelines for further information requests:
(a) The Ticket is a Severity 1 and Client does not update the Ticket with the required information within 5 Business Days, FC may close the Ticket.
(b) The Ticket is a Severity 2 and Client does not update the Ticket with the required information within 10 Business Days, FC may close the Ticket.
(c) The Ticket is a Severity 3 or 4 and Client does not update the Ticket with the required information within 20 Business Days, FC may close the Ticket.
4. SEVERITY LEVELS AND RESPONSE TARGETS
4.1 FC shall classify reported support problems in accordance with the following severity levels and shall use commercially reasonable efforts to achieve the response and resolution targets set forth below in accordance with the performance targets set out below:
5. INTELLECTUAL PROPERTY RIGHTS
Client is granted no title, ownership or intellectual property rights in or to the Software or Documentation, including any corrections, bug fixes, Patches, Workarounds, Maintenance Releases, Major Releases or other modifications to the Software and provided to the Client by FC hereunder. All such rights shall remain in FC and/or in licensors to FC of programs provided within the Software. Any Patches, Workarounds, Maintenance Releases or Major Releases provided to the Client by FC shall be subject to and governed by the license agreement for the Software.
Last updated: May 7, 2021