Support and Maintenance Service Schedule

Effective Date: 22 June 21 

1. About this Service Schedule Schedule

1.1. This Support and Maintenance Service Schedule (this Service Schedule) applies where we agree to supply you with Bepoz Software or Bepoz Hardware. We will provide Support and Maintenance Services with respect to all Bepoz Software and Bepoz Hardware that we supply to you subject to, and in accordance with, this Service Schedule.

1.2. This Service Schedule must be read in conjunction with the Quotation, our Terms of Service and any other documents that comprise the Agreement.

1.3. In this Service Schedule, any reference to a clause is to a clause of this Service Schedule unless otherwise specified.

2. Types of Support and Maintenance Services

2.1. During the Term of an Agreement for your subscription to any Bepoz Software, you are entitled to the following Level 1, Level 2 and Level 3 Support and Maintenance Services for Bepoz Software and Bepoz Hardware:

Type

Availability

Fee payable by you to us

Remote

support for

Priority 1

Incidents

24 hours per day, 7 days per week

No additional charge.

Remote

Support

Services for

Priority 2

Incidents

Business Hours on Business Day

No additional charge.

Remote

Support

Services for

Priority 2

Incident

Outside business hours

Charged on a time and materials basis at our then current rates.

On-Site

Support

Services for

Priority 1

and Priority

2 Incidents

As and when scheduled by agreement between you and us.

Charged on a time and materials basis at our then current rates.

Access to

New

Releases,

patches and

New

Versions of

any Bepoz

Software

module that

you have a

subscription

for

As and when we make the New Releases, patches and New Versions available generally to our customers

No additional charge

Access to

released

Bepoz

Software

modules

that you do

not have a

subscription

for

As and when required by you

Additional fees are payable for access to released Bepoz Software modules on a monthly or other basis as specified by us.

2.2. You must pay travel charges at our then current rates for any Site outside of Metro and parking fees that we incur for on-Site Support Services for travel both in and out of Metro.

Travel charges are payable from when our Personnel commence travelling to the applicable Site and end when they return to our premises.

2.3. We do not offer Support and Maintenance Services in respect of Other Hardware.

3. How to contact us for Support and Maintenance

3.1. Only Your Personnel who have obtained training from us with respect to Bepoz Software may make any Support Request.

3.2. Those Personnel may issue a Support Request to us by telephone, e-mail or by logging a ticket using our online service desk tool, as follows:

(a) Telephone: 1300 023 769

(b) Email: support@bepoz.com.au

(c) Online Service Desk Tool: as notified by us.

4. Software Defects

4.1. If you discover a Software Defect in any Bepoz Software:

(a) you must promptly notify us of the Software Defect, and where such notification is made by telephone, you must provide us with written confirmation (which may be sent by e-mail) of the Software Defect within 1 Business Day;

(b) we will acknowledge receipt of the notification, determine, in consultation with you, how seriously the Software Defect affects your business operations and use our reasonable endeavours to resolve the Software Defect in accordance with the following timeframes:

Priority

Definition

Service Level target response and resolution

1

Business Critical Failures:

An error in, or failure of, Bepoz Software for which no work-around exists that: a) materially impacts the operations of your business; or b) disables major functions of Bepoz Software from being performed.

Level 1 Response:

We will acknowledge receipt of the Support Request within 30 minutes.


Level 2 Response: 

We will use reasonable endeavours to restore the Bepoz Software to a state that allows you to continue to use all functions of the Bepoz Software in all material respects within 1 Business Day after the Level 1 response time has elapsed. 


Level 3 Response: 

We will use reasonable endeavours to fix the Bepoz Software in all material respects within 1 Business Day after the Level 2 response time has elapsed.

2

Minor Error:

An isolated or minor error in Bepoz Software that: a) does not significantly affect Bepoz Software functionality; b) may disable only certain non-essential functions; or c) does not materially impact your business performance.

Level 1 Response:

We will acknowledge receipt of the Support Request within 1 Business Day.


Level 2 Response: 

We will use reasonable endeavours to correct the error within 20 Business Days after the Level 1 response time has elapsed or in the next New Version, as determined by us.

4.2. You must not permit any of Your Personnel or any third party to provide technical support with respect to Bepoz Software.

4.3. We do not warrant or guarantee that we will be able to rectify all Software Defects.

5. Hardware Defects

5.1. If during the Term, you notify us that Bepoz Hardware is malfunctioning or has failed, we will use all reasonable endeavours to perform Corrective Maintenance on the Bepoz Hardware remotely or On-Site, as determined by us.

5.2. In performing any Corrective Maintenance, we will use all reasonable endeavours to restore any malfunctioning or failed Bepoz Hardware to Good Working Order either remotely or while in attendance at the Site. Where this is not reasonably practicable, we will either arrange for a further visit to the Site to attempt to complete the repair, or remove the Bepoz Hardware or part of the Bepoz Hardware for attempted repair off-Site.

5.3. Where we determine that we cannot repair Bepoz Hardware either at the Site or off-Site, we will:

(a) where title to the Bepoz Hardware has passed to you and the Bepoz Hardware was delivered by us to the Site no more than 12 months before you notified us that the Bepoz Hardware is malfunctioning or has failed, escalate the repair to the manufacturer if it is under a Manufacturer’s Warranty;

(b) where title to the Bepoz Hardware remains with us and has not passed to you, replace the Bepoz Hardware with Bepoz Hardware in Good Working Order with equivalent functionality.

5.4. For the avoidance of doubt, unless otherwise expressly agreed in writing by us, title to any Bepoz Hardware will not pass to you at any time.

5.5. While any Bepoz Hardware is removed from the Site by us for attempted repair off-Site, you may, subject to availability, rent replacement Bepoz Hardware from us for a fee specified by us.

5.6. You must not permit any of Your Personnel or any third party to provide maintenance with respect to Bepoz Hardware.

5.7. We do not warrant or guarantee that we will be able to rectify all malfunctioning or failed Bepoz Hardware.

5.8. We have no obligation to perform any Excluded Maintenance with respect to Bepoz Hardware.

5.9. Where we are performing or have performed Support and Maintenance Services on any Bepoz Hardware in circumstances where it is established that the Bepoz Hardware was not in Good Working Order due to any of the Excluded Causes, we may charge, and you must pay, an additional fee to us calculated at our then standard rates in respect of that work.

6. Your duty to cooperate

6.1. You must co-operate with us in any manner reasonably required by us in order to carry out the Support and Maintenance Services, including by:

(a) providing us with access to information and data,

(b) making available suitably qualified employees and contractors;

(c) providing access to your systems for the purpose of carrying out diagnostics and correction of Software Defects, and such access will be direct or remote at our option;

(d) providing access for our support staff at the Site(s) including by obtaining all permissions necessary to obtain such access;

(e) when Our Personnel are working on the Site(s), providing facilities and supplies reasonably required by us, such as power and computer consumables; and

(f) allowing us to take all or any part of the Bepoz POS Solution offline temporarily while we carry out the Support and Maintenance Services.

7. Other Service

7.1. Support and Maintenance Services do not include software development, training or other professional services. Please contact us to arrange any services not covered under this Service Schedule.

8. Definitions and Interpretation

8.1. In this Service Schedule, words starting with a capital letter in this Service Schedule that are not otherwise defined in this Service Schedule have the meanings given to them in the Terms of Service. In addition, the following words have the following meanings:

Bepoz Hardware has the meaning given to it in our POS Solution Service Schedule.

Bepoz Software has the meaning given to it in our POS Solution Service Schedule.

Corrective Maintenance means the making of any adjustments to the Bepoz Hardware and replacing parts or components of the Bepoz Hardware, in each case, as required to restore the Bepoz Hardware to Good Working Order.

Excluded Cause means:

(a) a defect in the manufacturer’s design of the Bepoz Hardware;

(b) faulty materials or workmanship in the manufacture of the Bepoz Hardware;

(c) use of the Bepoz Hardware with equipment or materials not supplied or approved in writing by us;

(d) fair, wear and tear;

(e) any maintenance, alteration, modification or adjustment performed by persons other than us or our employees or agents (unless otherwise approved in writing by us);

(f) you or a third party moving the Bepoz Hardware;

(g) the use of the Bepoz Hardware in breach of any of the provisions of the Agreement;

(h) a failure, interruption or surge in the electrical power or its related infrastructure connected to the Bepoz Hardware;

(i) a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Bepoz Hardware, or an error or omission in the correct use of that air conditioning or other environmental controls by you or any other person; or

(j) the intentional or accidental neglect, misuse or damage of the Bepoz Hardware.

Excluded Maintenance means any maintenance services required to restore any malfunctioning or failed Bepoz Hardware to Good Working Order where the malfunction or failure results from or is caused by any Excluded Cause.

Good Working Order means the Bepoz Hardware operates in accordance with the applicable Operating Manuals with all known vulnerabilities and errors.

Hardware Defect means a material defect in any Bepoz Hardware.

Incident means a Software Defect or Hardware Defect.

Level 1 means gathering and analysing information about the user’s issue and determining the best way to resolve their problem by providing basic support and troubleshooting, such as password resets, printer configurations, break/fix using predefined instructions, hardware repair (including in-house repair or coordinating depot services), ticket routing and escalation to Level 2 and Level 3 support. May also escalate to IT applications support or call for outside vendor maintenance, as needed. Level 1 may also provide support for identified Level 2 and Level 3 issues where configuration solutions have already been documented.

Level 2 means more advanced troubleshooting, break/fix, configuration issues, software installations than Level 1, including managing escalated issues that Level 1 support is not equipped to handle. Level 2 will escalate to Level 3 as is required

Level 3 means providing software bug troubleshooting, configuration, database administration, and repairs for server, network and other complex infrastructure issues.

Manufacturer’s Warranty means any warranties provided by any third party manufacturer of any Bepoz Hardware.

Metro means all areas < 30 kilometres from the designated centre of Australian capital cities.

New Release means an update, upgrade or new release of the Bepoz Software that is designed to correct bugs, errors or defects and is not a New Version.

New Version means a new version of the Bepoz Software that is marketed or described by us as a new version.

Operating Manual means all operating manuals and specifications relating to the Bepoz Hardware that we provide to you or notify you of.

Other Hardware has the meaning given to it in our POS Solution Service Schedule.

Priority 1 has the meaning given to it in the table set out in clause 4.1(b).

Priority 2 has the meaning given to it in the table set out in clause 4.1(b).

Site(s) has the meaning given to it in our POS Solution Service Schedule.

Software Defect means a material defect in any Bepoz Software that cause the Bepoz Software not to perform materially in accordance with the Specifications for the Bepoz Software.

Specifications has the meaning given to it in our Terms of Service;

Support and Maintenance Services means the support and maintenance of the Bepoz Software and/or the Bepoz Hardware as specified in this Service Schedule.

Support Request means a request for Support and Maintenance Services made under clause 3.2.

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