Support Contract
General terms service-contract.
of the company AaRiverside, registred office at Schijndel, the Netherlands
("AaRiverside.")
1. AaRiverside. supports the User of the Rental Management System ("User")
according to the following conditions. The contract covers only the
following:
Support by e-mail, i.e. if required answering questions or
solving problems of the User with regard to the functional operation of
the software by fax or e-mail, this only Monday to Friday from 9.00 to
12.30 and from 13.30 to 17.00 hours, local Amsterdam time., except on
general Holidays, to a maximum of 25 minutes per day. This service is
only supplied for the latest and the previous version of the Rental
Management System.
To put at the disposal of the User upgrades of the software and
accompanying documentation free of charge, only if User has requested
AaRiverside to receive such upgrades in writing.
A discount of 75% on new versions. Aariverside is not obliged to continue all
functional specifications of the existing software into new versions.
A discount of 25% on the hourly rates of support, if problems can not be
solved by telephone, or e-mail.
No handling costs for the purchase of new versions.
2. This contract can only be concluded for the most recent version of
the software. It is concluded for a period of 12 months and commences at
the month, following the date of conclusion. The contract will each time
be renewed for a period of 12 months at the then current prices under
the same conditions, unless either party has given written notice no
less than 2 months prior of expiration date, and if prices and/or
conditions are altered. The contract will not be renewed if the User
decides not to use an update. If the licence for the software expires,
the service contract will terminate immediately. In this case, AaRiverside. is
not obliged to refund (any part) of the service fee.
3. Besides in case of proven negligence AaRiverside is not liable for direct
or consequential loss or damage, suffered due to false and/or poor
information and/or support supplied to the User. AaRiverside will never be
liable for damage, which could have been prevented by the User by making
one or more backups of the files.
4. In case of Force Majeure all obligations rising from this contract
will be suspended for the duration of this situation. In the case of the
User committing any breach of any one or more of its obligations
deriving from this contract, AaRiverside has the right to suspend the
contract for an undefined period of time, without prejudice to the
obligations of the User towards AaRiverside
5. AaRiverside reserves the right to delegate or transfer all rights and
obligations.
6. AaRiverside is obliged to assure User secrecy with regards to all
information from User that may come to knowledge of A.P.S. in the
execution of this contract.
7. Custom-made software is never part of this service-contract.
8. All rates, tariffs and costs are excluding VAT. They are set by
A.P.S. and can be altered at any time. Price alterations will come into
effect at the next renewal of the contract.
9. In the event of User committing any breach of any one or more of its
obligations detailed above, or, if the User shall enter into liquidation
(other than voluntary liquidation for the purpose of amalgamation or
reconstruction) or shall have a Receiver or Administrator appointed over
the whole or any part of its assets or undertaking or if being one or
more inclividuals any one or more of such individuals shall be subject
to a bankruptcy petition or shall enter into any arrangement or
composition for the benefit of his or her Creditors, AaRiverside reserves the
right to terminate this contract immediately, without notice or redress.
10. This contract is construed according to the Law of the Netherlands.
