Network Support Service Terms & Conditions

1. DEFINITIONS

a) "Network Support Services" means the Agreement provided by Core Projects & Technologies (UK) Limited as described in clause 3.
b) "Type" means the level of service provided in the agreement and these are set out in clause 3.
c) The "Commencement Date" means the date charges are to commence.
d) "Cover Period" means those days and hours, which Core Projects & Technologies (UK) Limited will carry out the Network Support Service.
e) The "Renewal Date" means the last day of Network Support Service within the agreement.
f) "The Site" means the customers premises at which the Network Support Service will be carried out.
g) "Normal working hours" means 9:30am to 5pm Monday to Friday (except Bank Holidays)

2. DURATION

The agreement shall commence on the Commencement Date and shall continue in force for the Term and thereafter unless or until terminated by either party giving the other 90 days written notice to expire on the Renewal Date.

3. NETWORK SUPPORT SERVICES

3.1 Core Projects & Technologies (UK) Limited shall provide the Network Support Service during the Cover Period.

3.2 "Help Desk" – Core Projects & Technologies (UK) Ltd will provide:

a) Telephone Support calls for a Licensed Network Operating System such as "Microsoft Windows Small Business Server" and "Microsoft Windows 2000 Server".
b) Telephone Support calls for a Licensed Desktop Operating System such as "Microsoft Windows 98", "Microsoft Windows 2000" and "Microsoft Windows XP"
c) Notification by Email of free Service Packs, Patches and or Fixes for Supported Network Operating Systems – excluding Upgrades and Enhancement Packs.

3.3 "Help Desk Extra" – Core Projects & Technologies (UK) Ltd will provide in addition to the "Help Desk" Network Support Service:

a) Remote Access Support (RAS) – Dial in diagnostics to assist Technical Support of the Server Operating System.
b) Remote File Recovery – Subject to Backup Software and to the last good backup. It is the Customers responsibility to provide the directory path and the file name, as is the backup media.

3.4 "Help Desk Plus 4" – Core Projects & Technologies (UK) Ltd will provide in addition to the "Help Desk Extra" Network Support Service:

a) Four Scheduled half-day visits per year for Non-Critical System Maintenance and Housekeeping.
b) Network Integrity Support - Maintenance of Operating System Settings as originally configured by Core Projects & Technologies (UK) Limited excluding changes made by Third Parties or unqualified alterations made by the customer. Diagnosis of issues relating to User Accounts, Directory Structures and configuration work carried out or qualified by Core Projects & Technologies (UK) Limited.

3.5 "Help Desk Plus 6" – Core Projects & Technologies (UK) Ltd will provide in addition to the "Help Desk Extra" Network Support Service:

a) Six Scheduled half-day visits per year for Non-Critical System Maintenance and Housekeeping.
b) Network Integrity Support - Maintenance of Operating System Settings as originally configured by Core Projects & Technologies (UK) Limited excluding changes made by Third Parties or unqualified alterations made by the customer. Diagnosis of issues relating to User Accounts, Directory Structures and configuration work carried out or qualified by Core Projects & Technologies (UK) Limited:

3.6 "Help Desk Plus 12" – Core Projects & Technologies (UK) Ltd will provide in addition to the "Help Desk Extra" Network Support Service:

a) Twelve Scheduled half-day visits per year for Non-Critical System Maintenance and Housekeeping.
b) Network Integrity Support - Maintenance of Operating System Settings as originally configured by Core Projects & Technologies (UK) Limited excluding changes made by Third Parties or unqualified alterations made by the customer. Diagnosis of issues relating to User Accounts, Directory Structures and configuration work carried out or qualified by Core Projects & Technologies (UK) Limited.

3.7 "Help Desk Plus 24" – Core Projects & Technologies (UK) Ltd will provide in addition to the "Help Desk Extra" Network Support Service:

a) Twenty-Four Scheduled half-day visits per year for Non-Critical System Maintenance and Housekeeping.
b) Network Integrity Support - Maintenance of Operating System Settings as originally configured by Core Projects & Technologies (UK) Limited excluding changes made by Third Parties or unqualified alterations made by the customer. Diagnosis of issues relating to User Accounts, Directory Structures and configuration work carried out or qualified by Core Projects & Technologies (UK) Limited.

4. EXCLUSIONS FROM NETWORK SUPPORT SERVICE

4.1 The Network Support Service shall not include any maintenance of the Equipment’s Hardware. Core Projects & Technologies (UK) offer a separate Hardware Maintenance Agreement.

4.2 The Network Support Service shall not include cover resulting from the following:

a) Damage resulting to the System from accident, or misuse on the part of the Customer, its employees or any third party.
b) The Customers failure to operate the Equipment within the manufacturers guidelines.
c) Damage resulting from failure or fluctuation of power supply, air conditioning or humidity controls.
d) Damage resulting from attachment of equipment (whether supplied by Core Projects & Technologies (UK) Limited or not), which do not form part of the Service or Equipment.
e) Fire, flood, war, earthquake, act of vandalism, or other similar occurrence.
f) Repair, replacement or removal of any consumable items, including but not limited to batteries and data storage media.
g) Addition, modification or adjustment to the System by any party other than Core Projects & Technologies (UK) Limited without prior written consent of Core Projects & Technologies (UK) Limited.
h) Computer Viruses.

4.3 The Network Support Service shall not include:

a) Making specification changes or performing services connected with relocating the equipment
b) Call-Out maintenance outside the Cover Period and the Network Support Service.
c) Training of the Customers staff unless specific time is allocated/requested by the customer which forms part of the Help Desk Plus services as explained in clauses 3.4 to 3.7

4.4 Core Projects & Technologies (UK) Limited may provide services to the Customer, in line with the current service hourly rate, in the circumstances referred to in Clauses 4.1 and 4.2.

4.5 Core Projects & Technologies (UK) Limited reserves the right, to refuse to provide the Network Support Service in respect of an item of the Equipment, which, in its reasonable opinion is deemed to be beyond economic repair.

4.6 Core Projects & Technologies (UK) Limited reserves the right, to cancel a pre-scheduled visit at any time in case of an emergency situation were an engineer is required to attend another site.

5. CHARGES

5.1 The Customer shall pay to Core Projects & Technologies (UK) Limited the charges for the Network Support Service in respect of the Service.

5.2 Core Projects & Technologies (UK) Limited reserves the right to revise the Network Support Service Charges at any time in the event that any features of the System or Equipment should change as a result of relocation, specification, cover period, or response time.

5.3 The parties acknowledge that further items of equipment may be added to System by mutual agreement from time to time. Where additional items of equipment are added to the System the Cover Period, Network Support charges shall be invoiced pro rata to the remaining Term.

5.4 Core Projects & Technologies (UK) Limited shall submit invoices to the Customer for the Network Support Service charges which are payable in advance in accordance with the schedule starting on the Commencement Date. Invoices in respect of any charges payable pursuant to Clause 4.3 will be submitted to the Customer accordingly and payment shall be due within 30 days of invoice date.

5.5 If any sum payable under this Agreement is not paid within 14 days of the due date then Core Projects & Technologies (UK) Limited reserve the right to withdraw from the Network Support Service Agreement.

6. DUTIES OF THE CUSTOMER

The Customer shall

a) Promptly notify Core Projects & Technologies (UK) Limited of any defect or malfunction in the System or Equipment
b) Keep and operate the System and Equipment within the conditions specified by Core Projects & Technologies (UK) Limited and the Manufacturer
c) Co-operate fully with Core Projects & Technologies (UK) Limited by making available during the Cover Period adequate working space and facilities at the Site for Core Projects & Technologies (UK) Limited engineers to perform the Network Support Service.
d) Ensure that correct and proper back up of all data and programmes are kept at all times. Core Projects & Technologies (UK) Limited will not be liable for any data loss or corruption
e) The customer must provide Core Projects & Technologies (UK) Limited at least 48 hours notice prior to any cancellations of pre-scheduled on-site Service Calls otherwise the scheduled call will be deducted from the service time allocated within the agreement.

7. GOVERNING LAW

This Agreement shall be deemed to be made in England and shall be subject to and constructed in accordance with English Law.

8. Core Projects & Technologies (UK) LIMITED WARRANTY

Core Projects & Technologies (UK) Limited warrants that it will exercise reasonable skill and care in performing the Network Support Service. Subject to the foregoing, no undertaking, representation or warranty, express or implied is given in respect of the Agreement or the Network Support Service furnished hereunder. Core Projects & Technologies (UK) Limited shall not be liable for loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Equipment or loss or spoiling of the Customer’s programmes or data) resulting from any failure or breakdown of or fault in the Equipment unless such breakdown or fault is caused by the negligence or wilful misconduct of Core Projects & Technologies (UK) Limited, its employees, agents, or subcontractors.

9. CONFIDENTIAL INFORMATION

9.1 Core Projects & Technologies (UK) Limited shall not use or disclose to any person (other than to those employees who need to know the same) any confidential information concerning the products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of the Customer which may come to Core Projects & Technologies (UK) knowledge in the course of providing the Network Support Service. Core Projects & Technologies (UK) Limited shall use its best endeavours to prevent the unauthorised publication or disclosure or any such information. Core Projects & Technologies (UK) Limited shall ensure that its employees are aware of and comply with the confidentiality obligations contained in this clause.

9.2 The provisions of the Clause shall not apply to any information which is already public knowledge or becomes so at a future date (otherwise that as a result of breach of the agreement) or which was rightfully in possession of Core Projects & Technologies (UK) Limited prior to the Commencement Date.

10. STAFF RECRUITMENT

Both parties hereby agree that for the period of this Agreement and for 12 months after its termination or expiry for any reason, neither party shall employ, or seek to offer employment to an employee of the other party save by mutual written consent. This restriction shall apply in the same manner to any employees of either party who have been in the employment of that party during the proceeding 12 months.

11. TERMINATION OF AGREEMENT

This Agreement shall commence on the Commencement Date and continue thereafter at each Renewal Date until terminated by either party giving the other 90 days notice in writing expiring at any time sent to the other party by registered or recorded delivery post. During the notice period the service level will revert to Next Day, unless the original service level is Next Day, then this will remain.