SECTION A: SERVICES PROVIDED

1. HELP DESK SUPPORT SERVICES
a. We will provide a dedicated number and trained technical staff, available as per the time schedule mentioned on help.postree.ie. Usually, it is from 10.00 to 22:00 (Monday-Sunday).
b. Help Desk Support Services cover the following types of requests:
o Resolution or explanation of Company application generated error messages.
o Assistance with user or operational problems that occur during normal system operations.
o Guidance with procedural and system functionality or capability questions.
o Research, identification and escalation of software defects.
o Assistance with restoring applications from the appropriate full system backups or installation media.
o Assistance with the identification of programming issues or changes necessary to correct functionality or reporting issues.
o Recommendations for proper database, application or operating system maintenance. .
o Resolution of system printer or other system peripheral problems directly related to Company installed applications.
o Resolution of interface problems, issues, or errors related to standard interface scripts and/or programs.
o General information concerning Company systems interface specifications and capability.

c. We will use our best reasonable efforts to respond to all your requests for Help Desk Support Services within our current standard response times. Our current standard response times are:

Severity Description Response Time (via Call, Email, Chat)

High
(P1)
Company Systems licensed programs cannot be used at all or disrupt the functionality of the Customer’s system to the extent that the system cannot be used. Except any hardware issues.

Within 90 minutes.

Medium
(P2)
Problem requires circumvention or workaround of documented functionality, but the overall system functionality is still maintained.

Within 12 Hours for Level 1 support.

Low
(P3)
Issue is operational/procedural and can be readily worked around.

Within 24 Hours for Level 1 support

NA
Enhancement or request of reports including changes in the system.
Within 24-48 in Business Working Hours or as agreed with Client

2. CUSTOMER RESPONSIBILITIES.

You agree to

o Designate a knowledgeable “property expert” responsible for maintaining the system, including such duties as; primary contact for resolving technical issues, maintaining site configurations, establishing processes and procedures for change management, etc.
o Maintaining a working dedicated phone line or a broadband connection that allows for remote diagnosis of the system. The customer is responsible for providing an active phone line, support modem and remote connection method.
o Customer is responsible for maintaining and managing adequate firewall and virus protection.
o Maintain access to all required software, including operating system installation media, application software and applicable service pack, system-specific driver files and any applicable license or critical codes.
o Assist with the resolution of all system-related problems. The customer can expect to be required to dedicate some time to assist the Company Systems support representative in resolving problems.
o Be prepared to provide all information needed including error codes, processes or procedures leading up to the error and any other information that may be relevant and might help to expedite the resolution.
o Plan and schedule any services that are not normally covered under the terms of your support contract. Company Systems Customer Support will not perform any services not covered by a contract without having been previously authorized and scheduled in advance.

3. EXCLUSIONS FROM COVERAGE.

The following items are excluded from the coverage under the Help Desk Support Services.
o If the support request is to provide system functionality training and will require an extended amount of the technical support engineer’s time, the customer may be referred to our Professional Services department for consulting and training services.
o Assistance in the customization of the application. Support includes technical support on the use of the products, but it does NOT include assistance in developing or any other application customization.
o Assistance with configuration, installation or addition of new hardware or peripherals unrelated to the Company.
o Assistance with or the resolution of problems related to 3rd party applications
o Resolution of problems or issues related to a customer-installed and maintained network.
o Resolution of problems or issues related to virus or firewall management.
o Reinstallation of Operating System from scratch, assisting with loading of operating system upgrades, patches or release supplements or restoration of files or programs when full system backup is not available.
o Clone OS images onto any machine other than the machine that originated the image or correct issues on a system where a ghost image, backup or hard disk from another system was installed.
o Information and assistance on technical issues related to Non-Company Systems products.
o Performing system administration tasks including but not limited to adding users, maintaining file system or database integrity, monitoring system resources, performing backup and storing software.
o Programming of database files and scripts required for back office applications or other interfaces and generally any changes, testing or installation of interface scripts or files not part of the Company Systems standard installation.
o Programming new reports or reprinting reports and journals from the archive.
o Audit accounting or balancing of transactional detail. Issues related to cash or credit imbalances are not covered under any support agreement and are the responsibility of the customer.
o Rebuilding database tables, total files, reposting of totals or any manual manipulation of database files.
o Reposting of any sales totals, including credit card sales.
o Assistance with or correction of issues that are caused by the user environment.
o Support for issues that have been corrected in later software or service pack releases.

SECTION B: GENERAL TERMS AND CONDITIONS

1. TERM. This Agreement shall be in force, except as otherwise herein provided, for an Initial Term of one (1) year from the date hereof. The Agreement shall automatically renew for successive one (1) year Renewal Terms unless terminated as provided herein. After the Initial Term, this Agreement may be terminated by either party upon ninety (90) days of written notice to the other party pursuant to the Notice provisions of Section B.10.
2. CHARGES/RATES. Charges for help Desk Support Services are to be pre-paid/post-paid monthly/annually and are non-refundable. The charges and rates specified in this Agreement are subject to change by us on the annual renewal date sixty (60) days prior to written notice.

3. PAYMENT. You agree to pay for help desk support services as well as any hardware purchases if any by monthly direct debit. Payment for any other invoices for additional work, onsite call-outs, hardware repairs or new equipment including any taxes that apply to you is due within thirty (15) days from the date of invoice. Any delay in the transmission of the invoice from us to you, resulting from any cause arising after dispatch of the invoice by us and over which we have no control, shall not extend the period of payment. Based on your credit history, we reserve the right, in our sole discretion, to require full payment prior to the performance of any Help Desk Support Services.

4. TAXES, TARIFFS AND OTHER FEES. Our pricing is exclusive of any applicable taxes, duty, tariffs or fees (collectively “taxes and fees”) including but not limited to sales, use, excise, import, export, or any similar tax or any fee to comply with applicable government-imposed environmental regulations including but not limited to the elimination of certain chemical content and recycling fees. Consequently, in addition to the price specified in this Agreement, the amount of any present or future taxes and fees applicable to the sale of Software required by this Agreement shall be paid by you, or in lieu thereof, you shall provide us with an exemption certificate acceptable to the applicable governmental authorities.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES.

You understand and agree as follows:

Hardware Warranty:

Hardware is covered as per the manufacturing warranties and specified on the invoices.

a. We Make No Warranty With Respect To The Services Provided Hereunder, Either Express Or Implied, Including, But Not Limited To, The Implied Warranties Of Fitness For A Particular Purpose Or Of Merchantability.

b. In No Event And Under No Circumstances, Shall We Or Our Suppliers Be Held Liable For Indirect, Incidental, Special, Consequential, Or Other Similar Damages (Including Without Limitation Loss Of Business Profits, Loss Of Service, Business Interruption, Loss Of Or Incorrect Business Information/data And The Like) Suffered Or Incurred By You Or Any Third Party Arising From Or In Connection With
(I) Any Breach By Us, Our Suppliers And/or Representatives Of Any Provision Of This Agreement; The Performance Or Non-performance Of Any Services; Any Claims Against You By Any Party; Or Any Other Obligation We May Have, Even If We Have Been Advised Of The Possibility Of Such Damages.
c. Your Sole And Exclusive Remedies For Breach Of Warranties And The Maximum Extent Of Our Liability Of Any Kind (Including Liability For Negligence Except Liability For Personal Injury Caused Solely By Our Negligence) With Respect To The Services Covered By This Agreement And All Other Performance Or Non-performance By Us Under Or Related To This Agreement Are Limited To Reperformance Of Services. These Exclusive Remedies Shall Not Be Deemed To Have Failed In Their Essential Purpose So Long As We Are Willing To Re Perform The Services In The Prescribed Manner. We Neither Assume Nor Authorize Any Other Person To Assume For Us Any Other Liability In Connection With The Sale Of The Services Provided Under This Agreement.

6. FORCE MAJEURE. We shall not be liable for any delay in performance under this Agreement resulting from any cause beyond our reasonable control, including without limitation, any act of God, fires, storms, floods, explosions, strikes, work stoppages or slowdowns, or other industrial disputes, legal action, failure or delay of supplies from ordinary sources, accidents, riots, war or civil disturbances, or acts of civil or military authorities.
7. DEFAULT BY CUSTOMER. Should you fail to make any payment within ten (10) days of its due date, or fail to perform any other of your obligations hereunder upon thirty (30) days written notice, or should you be or become insolvent or be a party to any bankruptcy or receivership proceeding prior to full payment of all amounts payable hereunder, we may: (a) with or without demand or notice to you declare the entire amount unpaid immediately due and payable; or (b) we may refuse to continue performance under this and any other existing Agreement we have with you, and/or may rescind such agreements and hold you liable for all damages and losses occasioned thereby.
8. TERMINATION. If you do not pay any charges due or do not fulfil your obligations, then we have the immediate right to refuse to provide you further service. Your obligation to pay all charges which have accrued will survive any termination of this Agreement. Our termination of this Agreement will be in addition to any other remedies we have
9. ASSIGNMENT. Assignments and Transfers. You may not assign or transfer this Agreement, in whole or in part, without prior consent of us. Any such assignment, transfer or any attempt thereat will be null and void.
10. AMENDMENTS & MODIFICATIONS – This Agreement may not be changed, except by written amendment signed by authorized representatives of the parties hereto.

11. NOTICES. Notices shall be deemed given upon receipt. Any notices required to be given shall be in writing and in the case of notice to you, shall be sent to accounts@postree.ie or the billing address stated on this Agreement. In the case of notice in regard to Help Desk Support Services, notice must be sent via email at accounts@postree.ie and postage prepaid certified mail, overnight courier or facsimile whereby receipt can be verified to: Service; Company, 28, Upper Cranford Center, Montrose, Dublin 4.

12. MISCELLANEOUS
1. This Agreement shall be governed by and construed in accordance with Irish Law and the parties hereto agree to submit to the non-exclusive jurisdiction of the Irish Courts.
2. This Agreement is divisible and severable. Any breach, waiver, or change concerning any partial shipment stipulated in this Agreement shall not alter the obligations of the parties as to any other shipment required by this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. Section headings and titles are for reference purposes only and shall not in any way affect the meaning or interpretation of any provision of this Agreement.
4. The Customer covenants with the Company that it shall not for a period of one year after the termination of this Agreement directly or indirectly solicit or entice away or employ any Company employee or attempt to solicit or entice away or employ any Company employee who is directly associated with the performance of this Agreement or retain engage or in any other way whatsoever have the benefit of the services of a Company employee other than pursuant to the terms of this Agreement.
5. If you should cancel, repudiate or breach any provision of this Agreement, we may, at our option, retain any down payment paid by you in partial or full satisfaction of any damages/expenses incurred by us. Our exercise of such option shall not operate to prevent us from exercising any other or further remedy provided to us by law, equity or under this Agreement and in the event judicial process is resorted to, you agree that our reasonable attorney’s fees and court costs will be paid by you.
6. This Agreement and any attachments hereto constitute the entire agreement between the parties with respect to the purchase and sale of the Help Desk Support Services and no representation or statement not contained in this Agreement shall be binding upon us as a warranty or otherwise. The foregoing terms and conditions prevail notwithstanding any variance with the terms and conditions of any order submitted by you. Any waiver of terms and conditions of this Agreement must be approved in writing by the parties.
7. The parties agree that these Terms and Conditions shall govern subsequent purchases of Help Desk Support Services as may be made by you unless expressly superseded by a document of later date that has been mutually agreed to and executed by the parties.

13. HELP DESK SUPPORT TICKET SUBMISSION
Submitting a clear and accurate support ticket assists the Company support team in pinpointing the issue you have encountered, which can drastically reduce the time to resolution. The Company support team can address detailed, clearly-written tickets more quickly and efficiently than those which are unclear or lack the necessary information and detailed steps to reproduce the behaviour.

Tickets submitted using below mentioned channels are only considered as valid support requests.

Website www.help.postree.ie
Email help@postree.ie
Telephone +353 1 524 1090