Error handling. The Customer shall report any errors without undue delay. The Contractor shall assist with identifying and rectifying errors within the framework defined in Appendix 2, and based on the framework set out in the service level agreement in Appendix 5. If the agreed deadlines are not complied with, the Customer may demand standardised compensation as stipulated in the service level agreement in Appendix 5. Unless otherwise is agreed in Appendix 5, the following error definitions shall apply: A Critical error - Error that results in the stoppage of the software or equipment, a loss of data, or in other functions that, based on an objective assessment, are of critical importance to the Customer not working as agreed. - The documentation being so incomplete or misleading that the Customer is unable to use the software or the equipment, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer not working as described in the agreement, and which it is time-consuming and costly to work around. - The documentation being incomplete or misleading, and this resulting in the Customer being unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. To the extent that the services include the maintenance of standard software that the Contractor has not developed itself or does not maintain itself, or where elements of the services are in some other manner delivered by a third party and the Customer has not itself concluded a maintenance agreement with the software producer, the Contractor shall conclude the necessary agreement with the software producer. The terms and conditions for the maintenance that are agreed between the Contractor and the software producer shall be explicitly specified in a separate chapter in Appendix 2, and copies of the terms and conditions for the maintenance shall be appended as Appendix 10. If the Customer has itself concluded a maintenance agreement with the aforementioned software producer, these shall be appended to the Agreement as Appendix 10. The Contractor may request that the Customer assert or, with the agreement with the Customer, itself assert the Customer's rights in relation to the software producer under the standard maintenance agreement for the third party software.
Appears in 7 contracts
Samples: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement
Error handling. β The Customer shall report any errors without undue delay. The Contractor shall assist with identifying and rectifying errors within the framework defined in Appendix 2, and based on the framework set out in the service level agreement in Appendix 5. If the agreed deadlines are not complied with, the Customer may demand standardised compensation as stipulated in the service level agreement in Appendix 5. Unless otherwise is agreed in Appendix 5, the following error definitions shall apply: A Critical error - Error that results in the stoppage of the software or equipment, a loss of data, or in other functions that, based on an objective assessment, are of critical importance to the Customer not working as agreed. - The documentation being so incomplete or misleading that the Customer is unable to use the software or the equipment, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer not working as described in the agreement, and which it is time-consuming and costly to work around. - The documentation being incomplete or misleading, and this resulting in the Customer being unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. To the extent that the services include the maintenance of standard software that the Contractor has not developed itself or does not maintain itself, or where elements of the services are in some other manner delivered by a third party and the Customer has not itself concluded a maintenance agreement with the software producer, the Contractor shall conclude the necessary agreement with the software producer. The terms and conditions for the maintenance that are agreed between the Contractor and the software producer shall be explicitly specified in a separate chapter in Appendix 2, and copies of the terms and conditions for the maintenance shall be appended as Appendix 10. If the Customer has itself concluded a maintenance agreement with the aforementioned software producer, these shall be appended to the Agreement as Appendix 10. The Contractor may request that the Customer assert or, with the agreement with the Customer, itself assert the Customer's rights in relation to the software producer under the standard maintenance agreement for the third party software.
Appears in 1 contract
Samples: Maintenance Agreement
Error handling. β The Customer shall report any errors without undue delay. The Contractor shall assist with identifying and rectifying errors within the framework defined in Appendix 2, and based on the framework set out in the service level agreement in Appendix 5. If the agreed deadlines are not complied with, the Customer may demand standardised compensation as stipulated in the service level agreement in Appendix 5. Unless otherwise is agreed in Appendix 5, the following error definitions shall apply: A Critical error - Error One or more error(s) that results in the stoppage of the software or equipment, a loss of data, or in other functions that, based on an objective assessmenta reasonable consideration by the Customer, together or on its own, are of critical importance to the Customer not being delivered or not working as agreed. - The documentation being so incomplete or misleading that the Customer is unable to use the software or the equipment, or material parts thereof. B Serious error - Error One or more error(s) that results in functions that, based on an objective assessmenta reasonable consideration by the Customer, together or on its own, are of importance to the Customer not working as described in the agreement, and which it is time-consuming and costly to work around. - The documentation being incomplete or misleading, and this resulting in the Customer being unable to use functions that, based on an objective assessmenta reasonable consideration by the Customer, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which which, based on a reasonable consideration by the Customer, can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. To the extent that the services include the maintenance of standard software that the Contractor has not developed itself or does not maintain itself, or where elements of the services are in some other manner delivered by a third party and the Customer has not itself concluded a maintenance agreement with the software producer, the Contractor shall conclude the necessary agreement with the software producer. The terms and conditions for the maintenance that are agreed between the Contractor and the software producer shall be explicitly specified in a separate chapter in Appendix 2, and copies of the terms and conditions for the maintenance shall be appended as Appendix 10. If the Customer has itself concluded a maintenance agreement with the aforementioned software producer, these shall be appended to the Agreement as Appendix 10. The Contractor may request that the Customer assert or, with the agreement with the Customer, itself assert the Customer's rights in relation to the software producer under the standard maintenance agreement for the third party software.. If deviations in the deliverables are caused by errors in standard software and access to the standard software's source code is required in order to rectify these, and the Contractor does not itself have access to the source code, the Contractor's obligation to rectify the errors is limited to reporting the error to the software producer, seeking to the best of its ability to make rectification of the error a
Appears in 1 contract
Samples: Maintenance Agreement