Terms for Support and Maintenance
The Order Form, these Support Terms, any other terms or schedules attached hereto, and any additional order(s) made in writing by the Customer and approved by SIGNIUS in writing. The Order Form shall prevail in case of conflict with any other part of the Agreement.
Monday – Friday, 09:00 – 16.30 CET, except on Polish and/or German public holidays, regional holidays and on December 24th and 31st. One Business Hour is one hour within such time frame.
The party with whom SIGNIUS has entered into the Agreement.
Any and all equipment and systems necessary in order to use the Software and/or Hardware such as, but not limited to, IT-system(s) and facilities necessary for the Customer to receive and use the Software and/or Hardware at and from the Customer’s premises, including all relevant computer systems and locations and any other equipment, software, hardware, internet-, telecoms- or VPN-connections, firmware, or database files required to receive and use the Software and/or Hardware.
A deviation from the agreed functionality of the Software, which is not caused, directly or indirectly, fully or in part, by third party hardware and/or software.
A major change of the Software in functionality or architecture in relation to the previous version, characterized by a higher first version number, e.g. when version 1.5 is replaced by version 2.0.
The maintenance purchased under the Agreement, specified in the Order Form and described in the Support and Maintenance Description. Maintenance does not include repairs or defect rectification.
Enhancements to the Software characterized by a higher second digit in the version number, e.g. when version 1.0 is replaced by version 1.1.
The Quotation to which these Support Terms are attached. In case the Customer has placed its order without signing our Quotation, the order confirmation applies.
The time from when the Customer makes an Incident report and/or Hardware Maintenance request to when SIGNIUS responds.
The time from when SIGNIUS receives and accepts the reported Incident to when SIGNIUS delivers a work-around or a targeted software change.
The software licensed under the Agreement for which SIGNIUS has agreed to provide Support and Maintenance, specified in the Order Form.
The support purchased under this Agreement, specified in the Order Form and described in the Support and Maintenance Description.
Support and Maintenance Description
The documentation describing the Support and the Maintenance, being available at https://docs.signius.eu/
These Terms for Support and Maintenance.
Means a new Minor Release, Major Release or other types of releases such as updates, service packs, patches or bug fixes.
2.1. SIGNIUS undertakes to provide Support and Maintenance to the Customer, subject to these Support
2.2. The Customer is aware that all terms set out below may not be relevant for the Customer, as they may regulate services not included in the Support and Maintenance ordered by the Customer.
3. Contact Point
3.2. The Customer may appoint 3 contact persons by registering them with SIGNIUS. Each such contact person shall be authorized to contact the helpdesk. The Customer may change contact persons at any
3.3. Each time the Customer contacts the helpdesk, the Customer shall state any relevant serial or license number and the Customer’s identity and location.
4. Software Maintenance
4.1. SIGNIUS will from time to time make Upgrades available for the Customer in a manner determined by SIGNIUS. Such Upgrades will be made available for the Customer’s own implementation and are licensed on the terms set out in the Software License Agreement and General
4.2. The Customer shall at all times be responsible and bear any costs for implementing necessary changes to the Customer Equipment due to provided Upgrades. Upgrades might require the most recent Major Release or most recent Minor Release to be
4.3. Upon SIGNIUS’s provision of a Major Release or Minor Release, the Customer may retain the prior Major Release or prior Minor Release for documentation and emergency purposes
4.4. SIGNIUS does not warrant that Major Releases and Minor Releases are fully backwards compatible with previous Minor Releases and Major
5. Software Support
5.1. SIGNIUS will provide Support only for Incidents reproducible in the current Major Release or Minor Release. For a period of 12 months after making available the current Major or Minor Release, the previous most recent Major or Minor Release will be supported too.
5.2. SIGNIUS will provide Support only if the Software is used on and/or with devices approved by SIGNIUS, in accordance with the Support and Maintenance Description and SIGNIUS’s explicit instructions. Support is provided remotely, not onsite.
5.3. To receive Support, the Customer must contact SIGNIUS’s helpdesk as instructed by SIGNIUS. The helpdesk’s availability may vary depending on which Support the Customer has ordered. The Customer shall assign one of its contact persons to the Incident, to answer any questions SIGNIUS may
5.4. SIGNIUS will classify Incidents as either severity level A, B or C. The Incident classification will determine the applicable Response Time and Restore Time (which also depends on the Support level the Customer has purchased). The applicable Response Time, Restore Time and the severity level descriptions which SIGNIUS will use are set out in Appendix A, Response Time and Restore
5.5. SIGNIUS’s Restore Time obligations shall only apply provided that the Customer
(i) has an up- to-date backup available, and
(ii) provides SIGNIUS with remote access to the Customer Environment.
5.6. SIGNIUS may handle Incidents by providing temporary workarounds. After implementation of a work-around, SIGNIUS may re-evaluate the applicable severity
5.7. If the Customer has made an Incident report or Maintenance request to SIGNIUS and there is no defect or malfunction for which SIGNIUS is responsible, the Customer shall upon SIGNIUS’s request compensate SIGNIUS for its reasonable costs incurred due to the notification, such as SIGNIUS’s investigation
5.8. When purchasing Support, the Customer shall provide SIGNIUS with relevant details regarding the Customer Equipment and provide SIGNIUS with relevant additional information if SIGNIUS so requests. The Customer shall further promptly inform SIGNIUS of any relevant changes to the Customer
6.1. If the Customer has licensed Software under the Subscription Model (as specified in the Software License Agreement and General Terms) and has purchased Support and Maintenance for such Software, these Support Terms shall remain effective for the same period as the Software is
6.2. For any Hardware Maintenance or if the Customer has licensed the Software under the One-time/Perpetual Model (as specified in the Software License Agreement and General Terms), these Support Terms shall become effective upon the parties’ signature of the Order Form and shall remain in force for 12 months thereafter. Unless either party terminates these Support Terms on at least three months’ prior written notice before the end of the then current term, the term shall be renewed for an additional 12 months.
7.1. In case of overdue payment, SIGNIUS is entitled to suspend the provision of the Support and/or Maintenance. If payment is more than three months overdue, SIGNIUS may terminate Support and/or Maintenance
7.2. The Customer shall at all times take any technical measures required for SIGNIUS’s provision of the Support and the Maintenance, such as but not limited to, disabling obstructing firewalls. The Customer shall furthermore follow any instructions given by SIGNIUS in relation to the Support and Maintenance.
7.3. If the Customer intends to geographically relocate the Software and/or the Hardware, SIGNIUS shall be informed in writing thereof at least 30 days prior to such relocation. In case SIGNIUS is not informed or does not consent to such relocation, SIGNIUS shall be entitled to amend the fees applicable to these Support Terms.
7.4. In case a third party performs service, adjustment or repair or other measures on the Software or Hardware on behalf of the Customer (such as connecting accessories or relocating equipment) which causes increased costs for SIGNIUS when providing the services hereunder, SIGNIUS is eligible to immediately terminate these Support Terms and/or increase fees.
7.5. SIGNIUS strives to communicate with the Customer’s contact persons in their local language. However, SIGNIUS cannot guarantee communication in any other language than English.
8. Limitation of liability
The terms regarding limitation of liability set out in the Agreement shall apply. However, the limitation with regards to the aggregate and total liability amount under these Support Terms shall correspond to the fees paid by the Customer for the Support and the Maintenance.