Schedule 3: Support and Maintenance Services

The Legal Stuff

1. Definitions and interpretation

1.1 In this Schedule:

“Support and Maintenance Charges” means the charges specified in Paragraph 7.1 and any additional charges applied under Paragraph 6;

“Support and Maintenance Services” means the Services specified in Paragraphs 2 to 6;

“Supported System” means web server, websites, shopping cart and content management system; and

“Upgrades” means new versions of, and updates to, the Supported System, whether for the purpose of fixing an error, bug or other issue in the Supported System or enhancing the functionality of the Supported System.

1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.

2. Helpdesk

2.1 The Company will make available, during Business Hours, a telephone and email helpdesk facility for the purpose of (inter alia) providing support to the Customer.

2.2 Subject to Paragraph 2.3, the Customer must make all requests for Support and Maintenance Services through the helpdesk, and all such requests must include at least the following information: problem description, time of incident, affected parts of the site or system.

2.3 The Company will use reasonable endeavours to ensure that a member of its support staff can be reached by mobile phone outside Business Hours in the case of an emergency.

3. Response and resolution times

3.1 The Company will:

  • (a) use reasonable endeavours to respond to requests for Support and Maintenance Services made through the helpdesk;
  • (b) use reasonable endeavours to resolve issues raised by the Customer promptly.

3.2 The Company will determine, acting reasonably, into which severity category an issue raised through the Support and Maintenance Services falls.

4. Back-ups

4.1 Subject to Paragraph 4.2, the Company will:

  • (a) makes available the facility to back-up data comprised in the Customer’s System; and
  • (b) can arrange for the storage of a current back-up of the data comprised in the Supported System at a remote data centre (which back-up will be over-written on the following off-site back-up date).

4.2 The Company will not make back-ups of email messages that have been downloaded by the Customer.

5. Upgrades

5.1 The Company will:

  • (a) give to the Customer reasonable prior notification of the general release of an Upgrade to the customers of the Company.
  • (b) provide copies of such Upgrades to the Customer promptly following the general release of the relevant Upgrade to the customers of the Company; and
  • (c) apply such Upgrades to the Supported System promptly following the general release of the relevant Upgrade to the customers of the Company.

5.2 Where the Customer notifies the Company in advance of the application of an Upgrade to the Supported System that the Customer does not wish the Upgrade to be applied, then the Company can make no warranties for any issues in the previous version for aspects which have been address in the more recent update.

6. Limits on Support and Maintenance Services

Where the total person-hours spent by the Company performing the Support and Maintenance Services during any week exceed 4 hours, then:

  • (a) the Company will cease to have an obligation to provide Support and Maintenance Services to the Customer during that period; providing that
  • (b) the Company may agree to provide additional Support and Maintenance Services to the Customer during that period, but the provision of such services will be subject to payment by the Customer of additional Support and Maintenance Charges at the Company’s standard hourly rate[s] from time to time.

7. Support and Maintenance Charges

7.1 The Support and Maintenance Charges are available online on our Services & Charges page at http://vuonline.co.uk/devon-web-design-service-charges

7.2 The Company will issue invoices for the Support and Maintenance Charges to the Customer from time to time in arrears during the Term.

8. Term of Schedule

8.1 This Schedule will come into force on the Effective Date, and will continue in force until cancelled in accordance with Paragraph 8.2 or 8.3.

8.2 This Schedule will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.

8.3 Either party may cancel this Schedule by giving to the other party at least 14 days’ written notice of cancellation.