Common use of The Support Services Clause in Contracts

The Support Services. 3.1. The Service Provider shall supply, and the Customer shall take and pay for, the Support Services. 3.2. The Support Services shall commence on the Effective Date and (unless stated otherwise in the Enterprise Order) shall be provided during the Standard Support Hours. 3.3. The Support Service shall meet the service levels set out in the Enterprise Order. 3.4. Support Services will only be provided to the number of Support Contacts specified on the Enterprise Order; 3.4.1. the Customer may nominate alternative persons to be Support Contacts from time to time, but unless agreed otherwise by the Service Provider any such changes must not occur more frequently than once per month; 3.4.2. the Customer must not allow or suffer any authentication or identification credentials issued to a Support Contact to be used by more than one individual; 3.5. In the event the Customer purchases Migration and Project Support at the conclusion of the Migration and Project Support package or if the Customer uses the Software in a production environment or otherwise for any production purposes, the Customer agrees to purchase Production Support from the Service Provider pursuant to this Agreement by reference to the amount of Software Units installed on the Customer System. 3.6. The Service Provider may, on prior notice to the Customer, make changes to the Support Services, provided such changes do not have a material adverse effect on the Customer's business operations. 3.7. The Customer undertakes to purchase Production Support in a quantity equal to the total number of Software Units installed by the Customer and any Group Company, save that any Software Units installed by a Group Company which has entered a separate agreement for Support Services with the Service Provider shall be disregarded. If an Enterprise Order provides for Support Services to be provided to a Customer for an unlimited number of Software Units, such Support Services shall only be provided to the Customer and not to any Group Company of the Customer. If any Group Company of the Customer requires the provision of Support Services for an unlimited number of Software Units, such Group Company must enter a separate agreement with the Service Provider. 3.8. The Service Provider shall have no obligation to provide the Support Services where there arises: 3.8.1. misuse, incorrect use of or damage to the Software or Customer System from whatever cause (other than any act or omission by the Service Provider), including failure or fluctuation of electrical power; 3.8.2. use of the Software in combination with any equipment or software not designated by the Service Provider for use with the Software, or any fault in any such equipment or software; 3.8.3. any breach of the Customer's obligations under this Agreement or having the Software maintained by a third party; 3.8.4. any failure or fault with the Customer’s software and/or systems, whether or not the subject of the Support Services; or 3.8.5. any modification to the Software not authorised by the Service Provider.

Appears in 2 contracts

Sources: Payara Enterprise Agreement, Payara Enterprise Agreement