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Support Agreement

AGREEMENT FOR SUPPORT & MAINTENANCE OF NEOTECHNOLOGY SOFTWARE

This agreement is made between Neotechnology Pty Ltd and the software licensee whereby Neotechnology agrees to provide support and maintenance for the software listed below (the Software) subject to the following terms and conditions.

Neotechnology Must:

  • Provide the Client with Base Help Desk Support for software problems between the hours of 9am-10pm, 7 days a week (except public holidays). Support is limited to Support Limitations listed below.
  • Provide the Client with dial in support for problem debugging and corrections during base support hours, if the Client has provided a suitable connection method.
  • Provide the Client with new releases of the software as they become available,
  • Provide the Client with corrections to Neotechnology software errors reported by the Client
  • Consider Client enhancement requests.
  • Provide the client with the means to access this service.
  • Respond to Client calls within 2 hours.

The Licensee Must:

  • Pay their contract renewal invoice immediately, Neotechnology accounts (for maintenance, services or hardware) not paid within 30 days will result in the lapsing of this agreement.
  • Agree that calls to the After Hours (between 5pm to 10pm) extended service are for business critical situations only, where the client’s ability to trade is affected by error or malfunction of the POS system.
  • Ensure the contact number provided to the call centre for AH calls is correct and will be answered when the call is returned.

Software covered by the agreement:

AmicusPOS and or SprintPOS point of sale software.
Neotechnology only supports Neotechnology software and is not responsible for support of any other component of your system such as; the operating system, network infrastructure or hardware related issues.

Fees:

The current fee payable by the Client to Neotechnology under this contract is specified in the attached sale agreement or invoice. Renewal fees will be offered at the then current rates, are due and payable annually in advance and may be paid monthly by direct debit
Support Limitations
Support inquiries are limited to Neotechnology Software only and only in the areas of:

  • Installation/upgrade assistance,
  • Basic functionality and use as detailed in the Neotechnology Documentation.

Neotechnology reserves the right to limit support calls/inquiries to half an hour and to limit each call to one issue or query. Neotechnology reserves the right to terminate support to a client for excessive or abusive manner.

Support Does Not Include:

  • Consultancy assistance in mapping and advising client’s setup and use of the software in relation to its own business.
  • Hardware issues/problems. Upon diagnosis of a hardware issue referral will be made to an appropriate entity for resolution.
  • Networking or connectivity problem resolution outside of the Neotechnology Software. Upon diagnosis of such issues referral will be made to an appropriate entity for resolution.
  • Any third party software or services
  • Any inquiries on general business, accounting or taxation issues
  • Application consultancy
  • In depth training

Warranties

Any warranty implied whether by law, custom or otherwise is, to the full extent permitted by law, hereby excluded. If Neotechnology breaches any condition or warranty implied by the Trade Practices Act 1974 (Cth) or any applicable law which cannot lawfully be excluded, then to the extent permitted by applicable law, the liability of Neotechnology is limited to the refund of the fees paid for the current year.
Without limiting the generality of the foregoing, Neotechnology shall have no responsibility or liability for errors in the software caused by the client’s environment with particular reference to any malfunction of computer hardware, software (other than Neotechnology software) or networking.

Disclaimer of Damages

In no event will Neotechnology be liable to the Client for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the execution of this contract.

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