This document outlines guidelines along which Beezy will provide to Client the maintenance and support services with regard to the Beezy Software, licensed to Client pursuant to the Agreement.
The following defined terms used in this Agreement, shall have the following meaning:
- Designated Client Personnel: A maximum of two (2) designated employees of Client that shall serve as contact persons with the Designated Beezy Personnel for the performance of this Agreement.
- Designated Beezy Personnel: the employees of Beezy (or of its sub-contractor) that shall serve as contact persons for Client.
- Documentation: the documentation describing the functional specifications of the Beezy Software as provided by Beezy on its website and/or inserted as Schedule in the Agreement.
- Maintenance Release: A periodic release of the Beezy Software or subset of the Beezy Software by Beezy at its sole discretion, which incorporates problem resolutions. A Maintenance Release will usually not contain functional enhancements.
- Business Hours: the business hours agreed upon in the Agreement;
- Problem Category: The classification of Beezy Software Problems as specified in clause 4.8.
- Response Time: The time within which Beezy shall make an initial response to written notification of a Beezy Software Problem.
- Beezy Software Problem: A problem reported by Client whereby the Beezy Software does not conform materially in accordance with the Documentation.
- Status Frequency: The frequency with which Client will be informed of the status of outstanding Beezy Software Problems.
- Upgrade: A release of the Beezy Software by Beezy at its sole discretion, which may contain substantial new features or functional changes to the Beezy Software.
3.1 Beezy will use its best effort to provide the Maintenance & Support services to Client with regard to the Beezy Software in accordance with to the terms and conditions set forth herein and within the Business Hours and in the languages stated in the Agreement. The contact details of Beezy (or its sub-contractors) for the support services are inserted in the Agreement.
3.2 Change requests do not fall under the scope of the Maintenance & Support services.
3.3 Beezy may sub-contract any part of its obligations with respect to the Maintenance & Support services to a third party, for example a local partner, without the prior written consent of Client.
4. Support services
Points of contact
4.1 Support services shall only be provided to the Designated Client Personnel. The Designated Client Personnel will send reports of the Beezy Software Problems to Designated Beezy Personnel by either e-mail or fax. Reports of critical problems will be send by both e-mail and fax.
4.2 Designated Beezy Personnel may be changed by Beezy at any time by notifying Client in writing or by e-mail or fax in advance of any such change.
4.3 Beezy will support only the current and previous release of the Beezy Software starting with the version agreed upon in writing.
Hours and level of support
4.4 Beezy shall provide an initial response inside Business Hours to the faxed or e-mailed notification from Client of a Beezy Software Problem, according to the schedule in clause 4.8. For the avoidance of doubt, the Response Time does not mean the time within which Beezy solves or fixes the Beezy Software Problem. Beezy makes no warranty that the Beezy Software Problems can or will be solved or fixed within a certain time frame.
4.5 Beezy shall fully investigate each reported Beezy Software Problem by analysis of diagnostic information provided by Client and by any other appropriate techniques.
4.6 Beezy will use its best effort to assist Client to provide a mutually agreed work-around, where possible, which can be used while the Beezy Software Problem is being fully resolved.
4.7 Beezy agrees to report to Client with respect to the status of outstanding Beezy Software Problems at intervals specified by the Status Frequency corresponding to the Problem Category as defined in clause 4.8.
Response times and Status Frequency
4.8 The following schedule applies to response times and status frequency:
|Problem Category||Effect on Beezy Software||Response Time||Status Frequency|
|Major*||Impaired||2 Days||2 Days|
|Minor*||Inconvenienced||3 Days||7 Days|
- * Critical Problem shall mean a Beezy Software Problem, which crashes the Client’s system or renders the Beezy Software unusable and therefore makes it impossible for the Client to use the Beezy Software.
- * Major Problem shall mean a Beezy Software Problem which causes the failure of one or more features of the Beezy Software but which can be avoided through the use of alternative methods by the Client.
- * Minor Problem shall mean a Beezy Software Problem, which causes only inconvenience to the Client including but not limited to misspelled error messages and documentation errors.
- * Cosmetic Problem shall mean a Beezy Software Problem, which has negligible effect on the functioning of the Beezy Software.
4.9 Beezy shall make reasonable efforts to resolve Cosmetic Beezy Software Problems in the next Maintenance Release or Upgrade.
5. Conditions of Support
5.1 Beezy’s obligations are conditional upon Client using reasonable endeavours to provide a full description of the Beezy Software Problem and any other such information or document which facilitates Beezy in reproducing the occurred error and solving the Beezy Software Problem. Client shall use reasonable endeavours to analyse the cause of the Beezy Software Problem.
5.2 Beezy’s obligations are conditional upon the Beezy Software Problem being reproducible. Client shall use reasonable endeavours to reproduce the Beezy Software Problem in Client’s own environment. Client shall provide diagnostic information where appropriate and on Beezy’s request.
6. Excluded Support
6.1 Beezy’s obligations related to the Support Services shall cease in case the Beezy Software Problem or non-operation of the Beezy Software has been caused by any factor outside the control of Beezy, including but not limited to:
- Any problem caused by installation, reparation, modification, alteration, reinstallation or relocation of the Beezy Software, any of its parts and/or components or any of the elements of Office 365 on which the Beezy Software is added, if not authorized and/or performed by Beezy;
- any problem with the functioning or the use of the external system or the hardware configuration, including without limitation the operating system of the software platform and/or hardware upgrades;
- any problem related with the unsuitability of the hardware used by Client;
- any problem caused by the poor functioning of any other software.
- the operation or use of the Beezy Software in a way that is not compatible with the latest release of the documentation provided by Beezy to the Client related to the Beezy Software;
- Support related to third party’s software or hardware not supplied by Beezy;
- Any malfunction of the Beezy Software caused by configuration or other alteration or adaptation of the Beezy Software not performed by Beezy unless made with Beezy’s prior written consent;
- Any problem or malfunction that could have been ascertained when the agreed acceptance test was conducted.
- Abuse, improper use, misuse or mishandling of the Beezy Software.
6.2 Should the Beezy Software not be operable due to reasons outside the control of Beezy, Client shall be liable to pay Beezy in accordance with then valid hourly rates. Beezy shall, however, be under no obligation to provide services when the Beezy Software is not operable due to reasons outside their control.
7. Client obligations
7.1 Client will carry out a formal acceptance test with respect to the implementation of the Beezy Software and all Maintenance Releases and Upgrades. If Client refuses to carry out an acceptance test Client is solely responsible for the risks of (Critical) Beezy Software Problems showing up during deployment. Client has to provide written confirmation and/or proof to Beezy of a formal acceptance test being successfully carried out by the Client before (mass) deployment of the Beezy Software in case a Beezy Software Problem is reported to Beezy.
7.2 In order to provide the Maintenance & Support services, Client will provide Beezy on request a remote access to the Beezy Software.
7.3 Designated Client Personnel may be changed by Client at any time by notifying the Designated Beezy Personnel in writing or by fax or by e-mail in advance of any such change. However to guarantee continuity of support such changes may not be made more than once per calendar year. The Designated Client Personnel will be fluent in the language agreed upon and must possess the necessary know-how, experience, abilities and characteristics.
8.1 Client will receive at no additional cost one copy of each Maintenance Release or Upgrade issued by Beezy during the term of this Maintenance & Support part of the Agreement. Client agrees to incorporate said Maintenance Release or Upgrade only into the installed Beezy Software provided it first passes the Client’s acceptance tests.
8.2 For the avoidance of doubt, Client acknowledges and agrees that Maintenance Releases and Upgrades are limited to the Beezy Software; meaning the enterprise collaboration computer program for Office 365. In no event is Beezy obliged to provide a enterprise collaboration computer program for other releases of SharePoint. In the event that Client wishes to use Beezy’s enterprise collaboration computer program for other releases of SharePoint, it will have to enter into a separate agreement.
8.3 A master copy of each Maintenance Release and Upgrade shall be delivered to Client on the media and in the format to be decided by Beezy. If Client requests an alternate delivery method, Beezy shall accommodate this request at its discretion; if the request is accommodated, delivery charges shall be paid by Client.
8.4 The Maintenance Releases and Upgrade shall be considered part of the Beezy Software and, accordingly, covered by the scope of the Agreement.
9. Term of Maintenance & Support service.
9.1 Unless agreed otherwise in writing, Beezy will provide the Maintenance & Support service during the term of the Agreement.
9.2 Notwithstanding the forgoing, in the event that Beezy grants Client a Subscription License, Beezy will provide the Maintenance & Support service during the contract term. After the expiration of this initial term or then current term, the Beezy Subscription license, and corresponding Maintenance & Support, will automatically renew for one year, unless a party notifies the other in writing at least three (3) months prior to the expiration of the initial or then-current term.