1. TERM
1.1
The following provisions of this Schedule 6 shall apply to the provision of IT Support services (“IT Support”) and must be read in conjunction with the CFA.
1.2
Subject to paragraph 1.5 of this Schedule, the Minimum Term shall be the period beginning on the Commencement Date and ending on the fifth anniversary of the Commencement Date, unless otherwise specified in the CFA.
1.3
Subject to paragraph 1.5 of this Schedule, the Contract may be terminated by either party giving to the other party not less than 90 days’ written notice, and if no such notice is given, the Contract shall automatically continue for an additional term of 12 months (“Additional Term”) following the end of the Minimum Term. Any notice given under this paragraph 1.3 must terminate upon the expiry of the Minimum Term or any Additional Term.
1.4
In the case of any Consumer or Small Business Customer, such renewal of the Additional Term shall be subject to DuoCall first obtaining from the Consumer or Small Business Customer (as the case may be) their express agreement in relation to each Additional Term to be entered into.
1.5
IT Support Services that include Third Party Services are subject to the terms and conditions of the relevant Third Party Service Provider. IT Support Services including Microsoft support are subject to a minimum 12 month term, which automatically renews if not terminated by 7 days notice prior to each anniversary. The Customer agrees that the Contract will continue for the duration of the relevant Third Party Service Provider terms and conditions (including Microsoft) and/or the Customer shall be responsible for all fees required to be paid for any earlier termination.
2. IT SUPPORT
2.1
The fee for IT Support is the monthly support fee set out in the CFA.
2.2
The nature and extent of the IT Support which will be provided by DuoCall, and the procedures by which the Customer shall obtain IT Support, will be set out in the CFA.
2.3
If the Customer terminates the receipt of the IT Support before it is entitled to do so under paragraph 1.3, the Customer will remain liable to pay the monthly support fee until the end of the Minimum Term or the current Additional Term, as the case may be, or £99, whichever is the greater. The monthly service fee is payable in addition to any other monies payable under the Contract.
2.4
DuoCall may also make an additional charge, calculated in accordance with its standard rates from time to time in force, details of which are available on request, where it is necessary for DuoCall to perform additional work, or DuoCall incurs any expense, as a result of any of the following circumstances:
2.4.1
where DuoCall provides the support to the Customer outside the hours specified in paragraph 2.5 ;
2.4.2
where certain order information provided by the Customer is illegible, inaccurate or incomplete;
2.4.3
where a fault in respect of which the Customer requests IT Support relates to equipment or software other than that in respect of which DuoCall is contractually obliged to provide IT Support;
2.4.4
where the Customer does not have adequate and up-to-date anti-virus or anti-spam protection products in operation;
2.4.5
where the Customer does not have in place, or has failed to implement, an adequate and regular backup process;
2.4.6
where DuoCall is unable to gain access to the premises at which it has been requested to provide IT Support; or
2.4.7
where the Customer is in breach of any of its other obligations under the Contract.
2.5
Unless otherwise specified in the CFA, IT Support is available during normal business hours which is, unless DuoCall notifies the Customer otherwise, between 8:30am and 5:30pm, Monday to Friday (excluding any day which is not a Business Day). Any IT Support provided outside these hours will be charged on the basis specified in the CFA or, if no charging basis is specified, the applicable charges set out in the Price List.
2.6
As a condition of receiving IT Support, the Customer must:
2.6.1
provide any information that is reasonably requested by DuoCall in a timely manner, and ensure that such information is complete and accurate to the best of the Customer’s knowledge;
2.6.2
comply and co-operate with all of DuoCall’s reasonable requests or instructions issued to it from time to time; and
2.6.3
provide any remote or physical access to the relevant systems and equipment as is reasonably required by DuoCall,
2.7
The Customer acknowledges that, for the purpose of providing IT Support, DuoCall will require access to the Customer’s computers, servers, networking equipment, and other IT infrastructure equipment for short periods of time. This may result in temporary interruptions to normal operation and DuoCall shall not be liable for any loss, interruption or interference but will use reasonable endeavours to ensure any disruption will be kept to a minimum.
2.8
The Customer acknowledges and accepts the following technical limits relating to IT Support:
2.8.1
an internet connection is required in order to provide remote IT Support;
2.8.2
a permanent internet connection is required in order for the monitoring system to report detected issues in a timely manner;
2.8.3
remote IT Support may not be available to sites where the internet connection speed is of poor quality or is regularly interrupted;
2.8.4
if the reported issue involves an interruption to the internet connection, the Customer may be required to carry out instructions from DuoCall in order to restore the connection; and
2.8.5
DuoCall’s response time may be increased during times of high demand.
