Update Subscription Agreement
Micro Consulting SA grants the Client a maintenance service for the Office Maker or BiblioMaker software (hereafter referred to as "Software"), against payment of the premium or monthly payment (cloud) and for the annual or quarterly period defined in the invoice. Maintenance service refers to the provision of all major and intermediate versions of the Software (hereafter referred to as "Upgrades") free of charge, and access to free telephone support, the scope and limitations of which are defined in point 3.
2. Software updates
This Update Subscription Agreement entitles you to receive free of charge, during the period covered, all Software Updates. The use of the Updates is subject to the same conditions as for the versions originally acquired or leased (see License Agreement). Updates can be installed directly from the software, but they can also be downloaded from Micro Consulting's websites (www.officemaker.ch and www.bibliomaker.ch).
3. Free hotline
Micro Consulting provides the Client with a free telephone assistance service, available every working day, from 9 AM to 12 noon and from 2 PM to 5 PM. Micro Consulting provides the Client with a free telephone hotline. The duration of a call will be limited to 15 minutes. Calls are received at the normal telephone rate and are not overcharged. This service may require, for a better efficiency, the installation and use by the Customer of a remote maintenance program, without this being an obligation. Micro Consulting bears the costs of the commercial operation of the remote maintenance programme; the operation of the programme is free of charge for the Client. Questions can also be sent via the "Technical Support" command on the Software, or by e-mail. An answer will be given as soon as possible. Micro Consulting does not guarantee immediate access or permanent availability of the helpdesk, but makes every effort to ensure that it is provided in the best possible conditions.
Free telephone support can only be provided on the latest version (s) of the Software, or on a version less than one year old. The Help Desk is intended to solve problems related to the current use of the Software, when the accompanying documentation is not sufficiently explicit or when an error message is encountered. The service gives instructions on how to deal with the problem but does not carry out the work of the Customer in its place. If necessary, the Customer will be asked to refer to the documentation. The helpdesk does not replace training. When the service requested by the Customer is outside the scope of free assistance, the intervention will be invoiced.
4. Annual fee amount
The fee amount is included in the monthly fees charged for the cloud version. In the event of purchase of software, the amount of the annual fee for each Software is indicated on the public price list. The current list can be consulted on Micro Consulting's websites; it indicates the amount for a basic license. This amount is increased in the event of the purchase of licenses for additional modules and/or workstations, or possible custom adaptations. The amount of the fee may be adjusted by Micro Consulting at the time of the acquisition during the period of a different version of the Software (s) (upgrade), or additional modules, or custom adaptations. Micro Consulting reserves the right, at each renewal of the contract, to adjust the amount of the fee according to variations in the selling price of the Software. The amount of the fee may also, in certain cases, be adjusted according to the operating conditions, subject to prior agreement between the two parties. The premium amount and the period covered by this Update Subscription Agreement are as shown on the accompanying invoice.
5. Entry into force, period of validity
This Update Subscription Agreement is effective on the date stated in the invoice that accompanies it. It is concluded for a period of one year. It cancels and replaces any Contract concluded for the previous period. If the Contract is not concluded at the time of purchase, or if a previous Contract has been terminated, the Customer must first acquire the latest version (s) of the software. The price of this upgrade is equivalent to the amount of the fees that the Customer would have had to pay to have this (these) version (s) available under the Update Subscription Agreement. In case of rental and exploitation in the cloud, the entry into force and duration of validity is defined by the Cloud Service Agreement.
6. Methods of payment, renewal, termination
The payment of the invoice corresponds to the tacit, full and complete acceptance of the conditions of this Contract. The contract has a duration of 12 months and is renewed for the same period year after year. It may be cancelled by registered mail by either party 3 months before its expiry. In the event of non-payment on the invoice due date, MC does not provide any of the services related to it, except against invoicing at the prices and current rates.
7. Activation key, software license
The purchase of an Operating Licence or the conclusion of a Cloud service contract is materialized by the Activation Key, which is a code consisting of a sequence of characters, issued to the Customer after payment of the invoice or monthly payments. The Activation Key is used to activate the normal, unrestricted operation of the purchased or leased version of the Software. The Customer undertakes never to pass on the Activation Key to a third party. A new activation key can be requested when installing an update. The Customer must ensure that it benefits from a Subscription Contract for current updates on the date it installs the Update.
8. Applicable law, place of jurisdiction
The terms of this Update Subscription Agreement are subject to Swiss law. Any dispute arising from their interpretation or application shall be submitted to the competent courts of Lausanne. If, for any reason whatsoever, a court of competent jurisdiction invalidates in whole or in part any provision of this Agreement, the remaining provisions shall remain in full force and effect.
Valid from 25.10.2017