Software Maintenance Terms and Conditions

SCHEDULED PERIOD OF ON-CALL COVER: 9:00 am. — 5:00 p.m., Monday to Friday, excluding Statutory Holidays.

PARTS REPLACEMENT: This agreement covers the Abacus software only.

SERVICE CALLS: No onsite cover is included with this agreement.

RESPONSE TO FAULT CALLS: An Abacus Online Engineer will provide an initial response to the fault call within 8 working hours and within the scheduled period of on-call cover, following the service request being received.

In consideration of payment in advance of the maintenance charges as described, Abacus Online. Agrees to service, on the terms set out below.

1. Terms.

1. On acceptance of this agreement an invoice or invoices will be rendered to cover the period from the effective date of the agreement in respect of maintenance charges.
2. This agreement shall continue for an initial period of one year from the date of acceptance by Abacus Online or from the date of installation of equipment whichever is latter and will continue thereafter from year to year running from 1ST January to 31ST December unless either party give notice in writing not less than 90 days prior to the anniversary date (31ST December).

2. Charges.

1. If service is requested by the customer outside the scheduled period of on-call cover labour and travel time will be charged at the established hourly rate and are not included in the annual charge.
2. Abacus Online reserves the right to reduce or increase its charges or to amend the terms of this agreement to be effected only on renewal of the agreement provided that the customer be given written notice of such variation not less than 30 days before the same is to take effect. Within 7 days of receipt of such notice the customer shall be entitled to serve counter notice on Abacus Online terminating this agreement as from the date that the proposed variation is to take effect but by this agreement agrees to such variation should counter notice not be served.
3. Abacus Online reserves the right on not less than 30 days notice in writing to adjust maintenance as a result of alteration to the equipment specifications, changes of location of equipment, or the addition or removal of equipment.

3. Exceptions.

Maintenance Service does not include:

1. Labour or materials necessary to repair damage caused by operator error or accident, mains failure, software error, misuse, neglect or repair by any person other than an authorised representative of Abacus Online.
2. The malfunctioning of parts or attachments not approved by Abacus Online.
3. The malfunctioning of parts or equipment housed under conditions not approved by the manufacturers or Abacus Online
4. Expendable supply items (including but not limited to: Laser Printer ozone filters and heated fuser rollers, toner cartridges, tape cassettes, printer ribbons, print heads, floppy disks, removable media etc.) or accessories; painting or refinishing the equipment or furnishing materials thereof; making specification changes; or performing services in connection with the relocation of equipment, or adding or removing of accessories, attachments or other devices.
5. The Cathode Ray Tube (CRT) on all monitors will not be covered for replacement exchange. If the tube requires replacement, Abacus Online reserves the right to decide if a monitor is beyond calibration or economical repair.
6. Problems caused as a result of software virus, software error or systems violation or intrusion by unauthorised persons unknown (hacking).
7. Faults resulting from the use of refilled toner or inkjet cartridges.
8. Faults occurring as the result of using gummed or adhesive labels or adhesives.
9. Data recovery where data has been lost as a result of hardware failure or software malfunction, operator error or neglect.
10. Equipment failure due to Lightning Strike, Electrical Storm, Fire, Flood, Act of War, Acts of God or Force Majeure.
11. Malfunctions or failures, delays or losses to service caused by any aspect of calendar date and/or time changes.
12. Whilst Abacus Online will endeavour to make every effort to protect customer data which may be stored on faulty equipment, the company cannot be held responsible for the loss of such data, should it occur during the maintenance of or repairs to such equipment.

4. Reconditioning.

1. When, in Abacus Online’s Judgement, a unit cannot be reasonably maintained under this agreement, Abacus Online will, as its sole option, either withdraw the unit from the agreement (after giving 30 days notice, or at the time of the signing of the current contract) pursuant to the terms listed or submit a cost estimate for reconditioning the unit. Such costs, if authorised by the customer, will be in addition to the maintenance charge. In the event of the customer not accepting Abacus Online’s cost estimate, Abacus Online shall be entitled to vary this agreement forthwith to delete therefore all reference to such unit of equipment if in Abacus Online’s opinion continued maintenance thereof would be impracticable or unreasonable to carry out. In such an event Abacus Online will refund a proportionate part of any maintenance charge paid in advance.

5. General.

1. This agreement is not transferable without written consent of Abacus Online.
2. The customer represents that all ownership rights of the equipment subject to this agreement are held by the customer and that the customer has the sole authority to enter into this agreement. Abacus Online shall not be liable for any delay or failure in performance under this agreement or for the consequences thereof if delay or failure is due to any industrial dispute or to any cause beyond Abacus Online’s reasonable control. Abacus Online is not under any obligation, unless specified in the schedule, to provide spare equipment at a single visit. Where spare equipment is provided, this shall not be regarded as a precedent. Nevertheless, Abacus Online shall uses it’s best endeavours to provide the required service as expeditiously as possible.
3. Abacus Online reserves the right to subcontract in whole or part its obligations under this agreement, but undertakes to the customer that it will only subcontract to a technically competent person or organization.
4. The foregoing terms and conditions constitute the entire agreement between Abacus Online and the customer and no other terms or conditions shall be included or implied unless agreed upon in writing, and signed by an authorised officer or representative of Abacus Online and of the customer. a. This agreement is not automatically transferable should the customer dispose of the equipment, without the consent in writing of Abacus Online following a separate chargeable inspection visit.
5. This agreement shall be subject to and construed in accordance with English Law.