Common use of Error Correction Services / Defect Liability Clause in Contracts

Error Correction Services / Defect Liability. 7.4.2.1 If the Customer discovers that the Software fails to perform in accordance with the Specification, then the Customer must immediately notify StarTraq in writing (instead of using the procedures stated in Clause 7.6) of the defect or error in question and provide StarTraq with a documented example of such defect or error. 7.4.2.2 Based on priority of the defect, High, within 12 hours, Medium within 5 business days and Low within 30 business days of receiving such notification, StarTraq shall communicate back to the initiator of the request in accordance with Clause 7.4.2.1 or the Customer’s Technical Administrator, stating: 7.4.2.2.1 the time the notification was received; 7.4.2.2.2 StarTraq’s understanding of the defect or Error; 7.4.2.2.3 the adequacy or inadequacy of the documented example including any replication steps; 7.4.2.2.4 any further information that StarTraq may require in order to fully resolve the defect or Error; 7.4.2.2.5 the reason for the occurrence of the defect or Error, or alternatively that such a problem arose due to any excluded factors; 7.4.2.2.6 an estimated time frame within which the defect or Error will be resolved; and 7.4.2.2.7 a brief description of the nature of the work that StarTraq or its suppliers may have to undertake in order to resolve a query. 7.4.2.3 StarTraq will then promptly correct such defect or Error at its cost, using its best endeavours to do so within the estimated time frame stated pursuant to Clause 7.4.2.2.6. 7.4.2.4 After completion and testing of such correction, StarTraq will make available to the Customer the corrected version of the Software together with the appropriate amendments (if any) to the Documentation, specifying the nature of the correction and providing instructions for the proper use of the corrected version of the current release. Where such a defect or error has been notified by another customer, the correction will be treated as a Basic Enhancement, and made available to the Customer in accordance with Clause 7.4.1. 7.4.2.5 StarTraq will provide the Customer with the necessary assistance to enable the Customer to implement the use of the corrected version of the current release including but not limited to training. Training in features implemented to correct defects or Errors is always free of charge (irrespective of whether it was the Customer concerned that notified the problem) and does not count towards any limitations on amount of Training Services purchased.)

Error Correction Services / Defect Liability. 7.4.2.1 6.8.2.1 If the Customer discovers that a current release of the Software fails to perform in accordance with the Specification, then the Customer must immediately notify StarTraq in writing (instead of using the procedures stated in Clause 7.66.6) of the defect or error in question and provide StarTraq with a documented example of such defect or error. 7.4.2.2 6.8.2.1.1 Based on priority of the defect, High, within 12 hours, Medium within 5 business days and Low within 30 business days of receiving such notification, StarTraq shall communicate back to the initiator of the request in accordance with Clause 7.4.2.1 or the Customer’s Technical Administrator, stating: 7.4.2.2.1 business hours the time the notification was received; 7.4.2.2.2 6.8.2.1.2 StarTraq’s understanding of the defect or Error; 7.4.2.2.3 6.8.2.1.3 the adequacy or inadequacy of the documented example including any replication steps; 7.4.2.2.4 6.8.2.1.4 any further information that StarTraq may require in order to fully resolve the defect or Error; 7.4.2.2.5 6.8.2.1.5 the reason for the occurrence of the defect or Error, or alternatively that such a problem arose due to any excluded factors; 7.4.2.2.6 6.8.2.1.6 an estimated time frame within which the defect or Error will be resolved; and 7.4.2.2.7 6.8.2.1.7 a brief description of the nature of the work that StarTraq or its suppliers may have to undertake in order to resolve a query. 7.4.2.3 6.8.2.2 StarTraq will then promptly correct such defect or Error at its cost, using its best endeavours to do so within the estimated time frame stated pursuant to Clause 7.4.2.2.66.4.2.2.6. 7.4.2.4 6.8.2.3 After completion and testing of such correction, StarTraq will make available deliver to the Customer the corrected version of the Software together with the appropriate amendments (if any) to the Documentation, specifying the nature of the correction and providing instructions for the proper use of the corrected version of the current release. Where such a defect or error has been notified by another customer, the correction will be treated as a Basic Enhancement, and made available to the Customer in accordance with Clause 7.4.16.4.1. StarTraq will prioritise the delivery of the correction to those customers which have encountered the defect or Error in normal use. 7.4.2.5 6.8.2.4 StarTraq will provide the Customer with the necessary assistance to enable the Customer to implement the use of the corrected version of the current release including but not limited to training. Training in features implemented to correct defects or Errors is always free of charge (irrespective of whether it was the Customer concerned that notified the problem) and does not count towards any limitations on amount of Training Services purchased.)