Support Services Schedule

Support Services Schedule

This Support Schedule forms part of the Agreement that includes the GetKambium Portal End User Terms.

Defined terms in the GetKambium Portal End User Terms have the same meanings when used in this Support Schedule. Additional defined terms used in this Support Schedule have the meanings given to them in clause 6 of this schedule.

1 Scope

1.1 GetKambium will provide Support Services to the Subscriber and will respond to Requests for Assistance in respect of the GetKambium Portal and/or Hosting, in accordance with the terms and conditions of this Support Schedule.

2 Term

2.1 The term of this Support Schedule is the same as the term of the Agreement.

3 Support Services

3.1 GetKambium will provide Support Services to the Subscriber and will respond to Requests for Assistance in respect of the GetKambium Portal and the Hosting during the Support Hours on receipt of a Service Request from the Subscriber.

3.2 The Subscriber will make Service Requests using the procedure specified in:

(a) part 2 of appendix 1, for customers on Basic Support;

(b) part 2 of appendix 2 for customers on Premium Support.

3.3 The Support Services do not include services in respect of any issues arising with access or use of the GetKambium Portal that in GetKambium’s reasonable opinion are due to:

(a) an Exception Factor; or

(b) the Subscriber’s or any third party’s services or products including where the GetKambium Portal is dependent on or integrated in any way with those services or products (including the Subscriber’s Integrated Products and Services).

GetKambium may, at its sole discretion, agree to provide assistance with resolving issues of the type described in this clause 3.3 and if and when it does so, GetKambium accepts no responsibility for resolving the issue. GetKambium may charge the Subscriber at its standard rates for undertaking any work of the type described in this clause 3.3 regardless of whether or not the issue is resolved by that work.

3.4 GetKambium will be available to provide Support Services and to respond to Requests for Assistance:

(a) during the applicable hours specified in:

i. part 1 of appendix 1, for customers on Basic Support;

ii. part 1 of appendix 2, for customers on Premium Support.

(b) if part 1 of appendix 1 or 2 (as applicable) does not specify the support hours, the support hours will be as notified by GetKambium or Authorized Partner (as applicable) or notified at the Purchase Location, prior to purchase of the GetKambium Portal.

If no hours are specified or notified as described above in this clause, GetKambium will use reasonable endeavours to provide the Support Services and to respond to Requests for Assistance during GetKambium’s usual working day.

4 Charges and payment

4.1 The Support Services are included in the amounts payable under the GetKambium Portal End User Terms. GetKambium may charge the Subscriber, at its standard rates, for any Additional Services. The current standard rates and conditions are available on request from GetKambium.

4.2 All invoices issued by GetKambium for Additional Services are due for payment by the Subscriber within 7 days of the date of the invoice.

4.3 Subject to clause 4.4, the Subscriber will pay all invoices for Additional Services in full, without setoff, counterclaim or deduction of any kind, on or before the due date.

4.4 If the Subscriber wishes to dispute an invoice for Additional Services, it must notify GetKambium in writing within 7 days of the date of the invoice and provide details of the dispute. The Subscriber may withhold payment of the disputed part of an invoice only and must pay that part (or any amount subsequently agreed or determined to be the correct amount owing) promptly on resolution of the dispute.

4.5 Without GetKambium waiving any other right or remedy it may have, if any amount due is not paid by the Subscriber by the due date, GetKambium may:

(a) charge the Subscriber interest calculated at 1.5% per month on the balance of the amount due by the Subscriber from the due date until payment is received in full by GetKambium; and/or

(b) charge the Subscriber all collection costs reasonably incurred by GetKambium in collection of the amount outstanding (including solicitor and/or collection agency fees); and/or

(c) suspend delivery of further Support Services until the outstanding amount is paid in full. GetKambium will give 7 days’ notice in writing of its intention to suspend delivery under this clause.

5 Taxes

5.1 In addition to the amounts due under clause 4, the Subscriber will pay GetKambium amounts equal to any applicable government taxes or duties however designated, based on the Agreement (or the Support Services or Additional Services provided under it), paid or payable by GetKambium in respect of the foregoing, exclusive however of taxes based on GetKambium’s income.

6 Definitions

6.1 Unless the context otherwise requires, in this Support Schedule the following expressions have the following meanings:

“Additional Services” means any services in respect of the following:

(a) services provided in response to any Request for Assistance;

(b) services that GetKambium agrees to provide in respect of Excluded Services;

“Basic Support” means the support described in appendix 1, which is provided to Subscribers that sign up for the free subscription;

“Excluded Services” means the services described in clause 3.3;

“Incident” means the GetKambium Portal is not performing in accordance with reasonable use of the GetKambium Portal or the Subscriber is experiencing difficulties in accessing the GetKambium Portal which arise due to Hosting issues;

“Incident Request” means a request for Support Services to resolve an Incident;

“Premium Support” means the support described in appendix 2. which is provided to Subscribers that purchase a premium subscription.

“Priority Levels” means the priority levels in part 8 of appendix 2;

“Request for Assistance” means a request for assistance made by the Subscriber that is not in connection with an Incident and is not Excluded Services;

“Service Desk” means GetKambium’s point of contact for receiving Service Requests;

“Service Request” means an Incident Request or Request for Assistance;

“Support Hours” means the hours during which GetKambium will be available to provide Support Services to the Subscriber, as described in clause 3.4;

“Support Services” means the support services to be provided by GetKambium to the Subscriber as described in this Support Schedule and includes the Basic Support or Premium Support, and excludes Requests for Assistance and Excluded Services.

Appendix 1 – Support Services – Basic support (for Free Subscription)

Basic Support: Support Hours

GetKambium will use reasonable endeavours to provide the Support Services within three Working Days (based on GetKambium’s usual working day).

Service Request Procedure

Basic Support – Subscriber to make Service Request by:

Email:

support@getkambium.com

Service Desk

Service overview	The service desk provides a point of contact for receiving and managing all Service Requests.
Scope of service	GetKambium will provide the Service Desk, providing the following in respect of Service Requests: (a) recording the Incident Request or Request for Assistance; (b) initial support; (c) tracking; and (d) keeping the Subscriber updated on the progress.
Requests for Assistance	Given that Requests for Assistance may be separately chargeable, GetKambium will notify the Subscriber in writing when the Subscriber issues a Service Request that is a Request for Assistance. GetKambium will provide services to the Subscriber in response to Requests for Assistance only after providing the written notification above and following receipt of the Subscriber’s confirmation or request to proceed (given in writing or confirmed by GetKambium in writing). Any Intellectual Property in feature changes created as a result of Requests for Assistance is the property of GetKambium and may be made available to other subscribers at GetKambium’s discretion.
Subscriber’s Responsibilities	The Subscriber will communicate all Service Requests clearly and completely in an appropriate and effective manner and provide any additional information reasonably required by GetKambium.

Response to Service Requests

Basic Support – GetKambium will use reasonable endeavours to resolve Incidents and address Requests for Service reported by the Subscriber.

Appendix 2 – Support services – PREMIUM Support (for premium subscriptions)

Premium Support: Support Hours

GetKambium will use reasonable endeavours to provide the Support Services with two Working Days (based on GetKambium’s usual working day).

Service Request Procedure

Premium Support – Subscriber to make Service Request by:

Email:	[ADD THIS
Telephone:	ADD THIS
Web interface:	[Click here to enter web interface details]

Service Desk

Service overview	The service desk provides a point of contact for receiving and managing all Service Requests.
Scope of service	GetKambium will provide the Service Desk, providing the following in respect of Service Requests: (a) recording the Incident Request or Request for Assistance; (b) recording the Subscriber’s classification of the Incident or Request for Assistance; (c) prioritisation; (d) initial support; (e) tracking; and (f) keeping the Subscriber updated on the progress.
Requests for Assistance	Given that Requests for Assistance may be separately chargeable, GetKambium will notify the Subscriber in writing when the Subscriber issues a Service Request that is a Request for Assistance. GetKambium will provide services to the Subscriber in response to Requests for Assistance only after providing the written notification above and following receipt of the Subscriber’s confirmation or request to proceed (given in writing or confirmed by GetKambium in writing). Any Intellectual Property in feature changes created as a result of Requests for Assistance are the property of GetKambium and may be made available to other subscribers at GetKambium’s discretion.
Subscriber’s Responsibilities	The Subscriber will: (a) communicate all Service Requests clearly and completely in an appropriate and effective manner and provide any additional information reasonably required by GetKambium; and (b) nominate authorised users as the points of contact for all Service Requests.

Response to Service Requests

Premium Support – details as follows:

Service Overview	GetKambium will manage and resolve Incidents and address Service Requests reported by the Subscriber. The Subscriber will classify each Service Request in accordance with the Priority Levels on logging the Service Request.
Response times	GetKambium will respond to each Service Request within the relevant response time (refer to part 8 of this appendix).
Main activities	GetKambium will: (a) record all Incidents; (b) record the Priority Level assigned to the Incident by the Subscriber; (c) review and adjust the Priority Level if requested by the Subscriber; (d) restore the Subscriber’s access and use of the GetKambium Portal; and (e) close Incidents with the end users. In circumstances where ownership of an Incident is unclear, be responsible for resolving an Incident, using reasonable endeavours to work with the Subscriber and its other suppliers to identify the party responsible until such time as the party responsible has been determined or GetKambium can prove the Incident is not related to the GetKambium Portal or Hosting.
Remedial work	Where possible GetKambium must minimise the impact of any Incident or potential Incident by providing a temporary solution while full remedial services can be provided. All remedial work must be carried out so as to cause the least disruption to the Subscriber’s operations as can reasonably be expected.

Handover to third party for resolution

The Subscriber is required to maintain current support agreements with all relevant third parties. Where required to resolve an Incident, GetKambium will liaise with the Subscriber and hand over the Incident to the relevant third party or request the Subscriber to do so.