1. Software Support
The Customer (You) and Redmap Australia Pty Ltd (hereafter Redmap, Us, We) hereby agree as follows:
- We will provide software support for the Redmap software to the you provided you have:
- a current and valid Redmap perpetual software licence with a corresponding maintenance agreement paid up to date; or
- a current and valid software subscription for one of our cloud solutions.
- We may appoint another organisation as our support representatives and that support organisation will be responsible for carrying out the support described herein under our supervision.
- Support services will commence:
- On the date noted on the invoice for annual maintenance – either the initial purchase or the recurring charges; or
- At any time that the Customer has a current and paid-up subscription to our cloud.
- Upgrades will automatically be applied to the cloud servers, and we will give you at least 48 hours’ notice.
You will be required to manage your own upgrades where you have elected to purchase a perpetual licence. You may request us perform this upgrade, which will be performed at cost.
2. Extent of Support
- Support is provided "unlimited" for the first 12 months succeeding the first installation. Support is at no charge, unless identified as a chargeable action prior to the work being performed.
- Support for Redmap software is for a limited number of nominated central contacts, usually your internal support team. We expect that they have been trained in the use of the Redmap software. Support is intended to cover problems or provision of help to carry out a new function etc. It is not intended as a replacement for initial training or additional training.
- We expect that you have made your own in-house Help Desk arrangements for users, and that the in-house Help Desk answers questions that we have already answered. It does not extend to providing advice or help in respect to general PC issues, operating systems or Windows software.
- The table below sets forth the target times for the following actions:
- Response time – a consultant will have made contact to determine the severity of the issue.
- Target Work Around time – where the issue is not resolvable immediately a work around will be offered. This is especially important to Customers experiencing a level 1 or 2 severity issue.
- Software Release time – where the issue is a bug and requires a new release of software (a version or patch).
Support response Service Level Agreement
|Level||Response Time||Target Work Around Time||Software Release Time|
|1||2 hours||4 hours||90 days|
|2||2 hours||4 hours||90 days|
|3||2 hours||3 days||60 days|
3. Nature of Support
We provide the following types of support services:
- Providing advice on how to undertake a Redmap software operation; and
- Resolving Redmap software operating problems.
We prioritise problems according to the following criteria:
- Level 1: Problems that result in the software being inoperable at the time of the Customer contact.
- Level 2: Problems which seriously impact normal daily operations without making the software inoperable.
- Level 3: Intermittent or non-critical problems with the software which do not seriously impact day-to-day operations.
4. Yearly Increase
We reserve the right to increase their maintenance agreement by 5% per year applied at time of maintenance anniversary for on-premise Customers.
Yearly cloud increases are listed in your subscription agreement associated with your sales proposal.
5. Support Hours
We provide support 08.30 to 19:00 weekdays and 08:00 to 17:00 Saturday based on AEST time zone.
6. Limitation of Liability and Disclaimer
Neither party shall be in breach of this Agreement for any delay or failure to carry out or observe any provision in this Agreement if such delay or failure is due to any cause or condition beyond their reasonable control whether foreseeable or not.
We are not liable for any consequential losses or damages including any arising from system failure or downtime whether or not as a result of any action taken or not taken by us or any associated party.
Except as expressly provided herein, we accept no liability for claims, expenses or losses arising out of the use of any product/s by you or arising out of any representations by you to third parties.
7. General Provisions
This Agreement shall not be assigned or otherwise transferred (by operation of law or otherwise) by you without the prior written consent from us, which will not be unreasonably withheld.
The failure of either party to enforce at any time, any of the provisions of this Agreement shall in no way be construed to be a waiver of such provision.
If any provisions of this Agreement are invalid under any applicable statute or rule of law, they shall cease to apply or to bind the parties, but the remainder of this Agreement shall continue to be binding and in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of New South Wales. Any dispute or conflict between the parties concerning the nature and substance of this Agreement should first be attempted to be resolved by negotiation. Should the process of negotiation fail to bring a conclusion within 30 days, either party can request the matter to be settled by arbitration. The agreed arbitrator shall be the President of the Australian Law Society or his nominee.