Maintenance SLA Terms and Conditions
Maintenance Terms And Conditions
1. Maintenance Service Obligations Of Smart IP
Smart IP will provide corrective maintenance or repair during Smart IP’s regular business hours (between 9:00 a.m. – 5:00 p.m.) For a major failure of the system, Smart IP, without additional costs, will provide service whenever required.
For a normal service call, Smart IP will respond within twenty-four (24) hours.
For a major repair or service, Smart IP will respond within two hours. Emergency service will apply during major repair or service problem on a twenty-four (24) hour per day basis.
Smart IP’s maintenance obligations under this paragraph include labour and parts required to repair or replace Equipment that has become defective through normal wear and usage, and does not include additions, relocation, or removal of Equipment, replacement or repairs of parts lost, stolen or damaged, other than by causes arising out of ordinary use of the Equipment, or manufacturer discontinued equipment (which shall be provided for on a best effort basis). Preventative maintenance is provided for as determined by Smart IP.
2. Other Charges
a) All customers that have purchased Manufacturer Support will be provided patches at no charge for General Availability Software to address corrections or repair and service packs that have also been issued at no charge to Smart IP by the manufacturer. Related labour and travel charges to install such software, patches and service packs shall also be provided free of charge, if work can be performed during regular business hours without interruption to the Customer’s use of the system. In the event that there are software or system performance problems that are service affecting, where the corrective action must be performed outside of regular business hours, there will be no charge to the customer. Should the Customer request work that is not service affecting, be performed outside of regular business hours, Customer will be billed at Smart IP’s prevailing overtime labour rates for the work performed.
b) All customers where manufacturer support has not been purchased will be provided a time and material option to obtain support. This service will only be provided once the appropriate payment method has been arranged and agreed upon between Smart IP and the customer.
c) Replacements for Equipment or Software that is deemed “Manufacturer Discontinued” or “End of Life” are subject to availability of “like for like spares”, while Manufacturer’s support is limited to Emergency recovery only in the event of a Total System Failure. If “like for like spares” are unavailable (as in the case of manufacturer discontinued), charges may be applicable.
d) Repairs to the Equipment required as a result of damage by any unauthorized parties.
e) Inspection of the Equipment due to Section 12 of this Agreement.
f) Any other requirement not expressly provided within this Agreement.
g) Alterations and changes requested by the Customer.
3. Additions, Moves And Changes, Removal
Smart IP shall, upon Customer’s request, provide services required for additions to, moves and changes on, and removal of the Equipment at Smart IP’s then current charges, which shall be in addition to the maintenance service charges described under price and payment terms on the face of this Agreement. Such services shall be charged at rates not to exceed the lowest rates then being charged by Smart IP for such services in Metropolitan Toronto. Inside GTA travel charges apply to these services.
4. Uncontrollable Circumstances
If the performance by Smart IP of any part of this Agreement is prevented, hindered, delayed or otherwise made impractical by reason of any flood, riot, fire, strike, explosion, war, or any other cause beyond the control of Smart IP, Smart IP shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Upon the occurrence of any such events, Smart IP shall use its reasonable efforts to notify Customer of the nature and extent of any such conditions.
The Agreement shall be governed by the laws of the Province of Ontario. Neither party thereto may assign its rights or delegates its obligations under this Agreement without the prior written consent of the other, which consents of the other, which consent is not to be unreasonably withheld or unduly delayed. Accounts not paid by due date may be subject to an interest charge from date of maturity at the rate of 2% per month (24% per annum) as shown on invoices. NSF cheques will be subject to an administration charge. Goods may not be returned without prior authorization of Smart IP and a Return Authorization Number. Goods/merchandise authorized for return may be subject to a minimum 25% restocking charge.
6. Unauthorized Repairs
Provided Smart IP complies with the terms of this Agreement, Customer agrees not to permit any person other than authorized Smart IP personnel to repair, make additions to, remove from, or perform maintenance functions on the systems without prior written permission from Smart IP, which consent is not to be unreasonable withheld or unduly delayed.
7. Major Repair Or Service
For purpose of this Agreement, a “major repair or service” shall be occasioned by anything which has the effect of total substantial system failure or a major interference with Customer’s use and enjoyment of the Equipment and anything which has the effect of blocking or seriously restricting the switching pattern within the system or into and out of the system.
8. Co-Operation With Telco Provider
Smart IP shall at all times co-operate with customers’ Telco provider and all suppliers of maintenance services for equipment connected to the Equipment and Services.
9. Limitation Of Liability
Smart IP shall not be liable for any special incidental or consequential damages (including lost revenue or profits or additional operating or personal expenses) arising out of or relating to this Agreement or the breach thereof or the use of the Equipment or the installation or maintenance thereof or any delay relative to any of the foregoing (including any such damages arising out of or related to negligence or other tort). Notwithstanding the preceding, in no event shall Smart IP be liable for any amount in excess of the replacement value of the Equipment.
10. Exclusions From Service
The service provided by Smart IP will not include labour or material necessary to repair damage to equipment caused by negligence, accidents, abuse, acts of third party or any force for any damage for which there is insurance coverage under any lease signed by Customer. Site and system backups are not included in this service, and are the responsibility of the customer. Notwithstanding the above, Smart IP shall not be responsible for maintenance services or management and/or operation of the customers’ network, unless specifically contracted to provide such support.
11. Network Assessment For VOIP Systems
If the system is VoIP based, and you choose NOT to engage Smart IP to complete a network assessment (per SOW), then your signature is a confirmation that you will be responsible to set up your own network to meet the recommended manufacturer specifications to support a VoIP system, or Hosted Solution, on your network. Any failures there shall be the responsibility of the customer.