1. General Provisions
1.1. This present document (hereinafter referred to as Policy and this Policy) constitutes an integral part of General Terms and Conditions of Havelock JSC (hereinafter the Terms).
1.2. This Policy, in its integrity, together with the Terms and other Havelock JSC Policies is applicable to the relations between Customer and Havelock JSC upon the moment of execution of Individual contract, as defined in Part I of the Terms.
1.3. This Policy sets forth the mandatory rules that apply to the additional services Havelock JSC provides in regard to Havelock Product(s).
1.4. This policy is intended to help you understand:
1.4.1. What services are included in Customer’s Installation and Implementation package
1.4.2. What services are included in Customer’s monthly subscription fee:
- What is Havelock Service Availability
- What are Havelock JSC general Support Services and Support Reaction times
- How Havelock JSC perform service maintenance and when Customer could expect those to happen
- How Havelock JSC treat updates of Havelock Products
- What is excluded from Havelock JSC Support services
1.4.3. What additional services Customer could request:
- Custom milestones templates
- Integration with 3rd party software
1.4.4. What is the procedure for requesting additional services over those that are already included in your order
1.4.5. What is the payment procedure for additionally requested services
2. Services included in the Installation and Implementation package
2.1. Customer instance set up
Havelock JSC team creates a virtual private space in AWS (Amazon Web Services) for each Customer and installs a designated instance of Havelock Product(s) on it. For more detailed diagram of the AWS architecture, please contact your Havelock Customer Success Manager.
2.2. Implementation Meetings
The main purpose of the implementation meetings is for Havelock JSC team to understand the specifics of Customer’s business and directly start adding together with Customer’s representatives the first users, projects, milestone templates and tasks. Prior to each meeting Havelock JSC team will send the Customer detailed agenda based on which both parties, will decide together, Customer representatives from which roles will be most suitable to attend. The specific number of meetings and duration of each meeting is defined in the Individual contract. Customer may request additional meetings, not included in the Individual contract as per the procedure described as part of this Policy.
2.3. Training sessions
The main purpose of the training sessions is for Customer’s representatives to be trained from Havelock JSC team on the basic principles of usage of Havelock Product(s). The specific number of training sessions, duration of each session and number of recommended attendees from Customer’s side are defined in the Individual contract. Customer may request additional training sessions, not included in the Individual contract as per the procedure described as part of this Policy.
3. Services included in Customer’s monthly subscription fee
3.1. Service Availability
By Service Availability this Policy shall mean the availability of Havelock Product(s) to the Customer for the purposes for which Customer had been licensed to use Havelock Product(s).
3.1.1. Havelock JSC goal shall be to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24×7 Availability”) except during times of Service Maintenance as set forth in Section 11 herein below. However, the Parties recognize that 24×7 Availability is only a GOAL, and Havelock cannot represent or guarantee that such a goal can be achieved.
3.1.2. Havelock JSC shall use reasonable efforts to achieve the target Service Availability оbjective of 98.8% network uptime except during scheduled Service Maintenance.
3.2. Support services.
3.2.1. Havelock JSC shall provide helpdesk, every day during Business Hours for contacting in case of emergency and notifications of changes to the services provided, planned Service Maintenance or other incidents that will have an effect on the services provided.
3.2.2. Under normal circumstances access to the support structure will be made through defined online ticket system which is available 24x7x365.
3.2.3. The specific number of tickets per month is specified in the Individual Contract.
188.8.131.52. The unused tickets in a given month are not transferable to the following months.
184.108.40.206. Customer may request additional tickets, not included in the Individual contract as per the procedure described as part of this document.
3.2.4. The following support reaction times shall apply:
220.127.116.11. For High Priority Incidents (Havelock Product (s) down (meaning – not functional at all) or major operational problems (meaning – Havelock Product (s) functionality is decreased down to a level, whereby Havelock Product (s) cannot be used according to the Product description):
- the response time will be 60 minutes
- diagnose time will be 3 hours and
- work around time or fix will be 8 hours.
18.104.22.168. For Low Priority (minor operational problems) Incidents:
- the response time will be 24 hours
- diagnose time will be 48 hours and
- the work around time or fix will be 5 working days.
3.2.5. Support reaction times are measured only during Business Hours.
3.2.6. High Priority Incidents shall be subject to unlimited support services and support reaction, for the entire Subscription Term.
3.2.7. Apart from the reaction to High Priority Incidents, Support Reaction Times shall be measured by Havelock’ online ticket support system, which track all raised issues from initial reporting to resolution. In case the Customer does not raise an issue via this ticket support system, the Support Reaction Times shall not apply to that issue.
3.3. Service Maintenance.
The maintenance windows will always be placed out of Business Hours. Maintenance windows will be communicated no later than 5 working days prior to the maintenance in question. In case there is a necessity of urgent Service Maintenance, Havelock JSC shall notify the Customer for the exact commencement and the duration of the Service Maintenance not later than one hour before the beginning of the respective maintenance.
The Customer is eligible to receive Major Updates (i.e., major revisions or new versions) to the Havelock Product(s) during the Subscription term, as stipulated within the Order Form. If for any reason, the Subscription term is terminated and later on renewed after more than one month after the date of the termination, the Customer is entitled to receive update at additional cost.
3.5. Exclusions and Limitations on Support of the Havelock Product(s).
3.5.1. Support is not available or provided hereunder for or related to:
22.214.171.124. Machine error;
126.96.36.199. Customer’s failure to follow operating instructions; Customer’s use of the Havelock Product(s) that is not in accordance with the Documentation;
188.8.131.52. Customer’s negligence or improper use of the Havelock Product(s) ;
184.108.40.206. Modifications to the Havelock Product(s) (including modifications to the original database schema) by any person or entity other than Havelock JSC;
220.127.116.11. Any data or software products other than the Havelock Product(s) , including, but not limited to, application programs, databases, files, source codes, object codes or proprietary data, or any configuration, installation or reinstallation of any third party products or data. The Customer is responsible for backing up copies of all Customer data and third party products prior to seeking support from Havelock JSC;
18.104.22.168. Any installation, deployment, or use of the Havelock Product(s) : (i) for any purpose(s) which Havelock determines in its sole discretion is/are unlawful, immoral, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any Party’s privacy or intellectual property rights; (ii) in any situation where failure or fault of the Havelock Product(s) could lead to death or serious bodily injury of any person, or to physical or environmental damage.
3.5.2. If it is determined by Havelock JSC in its sole discretion that the Customer has received support from Havelock JSC for which the Customer was not eligible or to which the above exclusions and limitations apply, Havelock JSC may assess and the Customer agrees to pay reasonable and appropriate fees for such support.
3.6. Support Incidents (tickets).
A single support incident (ticket) may involve several e-mails and offline work in order to be resolved. The Customer agrees to provide Havelock JSC with detailed information about the issue encountered and cooperate with Havelock JSC requests for additional information as they attempt to resolve the issue. Havelock JSC support employees will make reasonable efforts to resolve Customer’s support issues; however, Havelock JSC does not guarantee that all support issues will be resolved. Bug reports and product feature suggestions are not considered support incidents, and Havelock JSC is not obligated to acknowledge or address such bug reports and/or product feature suggestions.
4. Additional services
Havelock JSC may provide additional consulting services to the Customer in relation to the usage of Havelock Product(s) as well as general consulting related to better organization of business processes in the Customer’s company.
4.1.1. The consulting services might be provided on designated meetings or through phone calls and might or might not include development of written recommendations or other types of documents.
Upon Customer’s request, Havelock JSC may provide additional training services to the Customer in relation to the usage of Havelock Product(s).
4.3. Custom milestones templates
During the Installation and Implementation process Havelock JSC will create, together with the Customer the number of Milestone Templates defined in the Individual Contract. Havelock Product(s) enable the Customer to create an unlimited number of additional Milestone Templates. However Customer may request from Havelock JSC to create additional Milestone Templates, not included in the Individual contract as per the procedure described as part of this document.
4.4. Integration with 3rd party software
Customer might request integration of Havelock Product(s) with a specific third party software.
4.4.1. Such integration might require from Havelock JSC to provide additional services for:
22.214.171.124. Project management
126.96.36.199. Development of specifications
188.8.131.52. Design of additional interfaces
184.108.40.206. Software development of custom source code
220.127.116.11. Testing and verification of the custom source code
4.4.2. This policy covers only the services that Havelock JSC could provide in relation to the integration of Havelock Product(s) with third party software. This policy does not cover:
18.104.22.168. Modifications of any kind of the source code of the third party software
22.214.171.124. Any costs related to the licensing, support or hosting of the third party software
4.4.3. Havelock JSC reserves the right to reject, according to its own discretion, any request for integration with third party software. Such rejection could not be used for a reason for termination of the Individual contract between the parties.
4.4.4. Havelock JSC cannot be held liable for any damages/lost profits that may occur as a result of the 3rd party software integration, in the event that such damages/lost profits are caused by third party software provider claims, data loss, or other circumstances that cannot be directly related to the behaviour of Havelock JSC and its representatives and employees.
4.5. Procedure for requesting additional services
4.5.1. The Customer might request any of the additional services listed in this policy at any time after the execution of the Individual contract.
4.5.2. The request should be sent by email to Havelock JSC email listed in the Individual contract.
4.5.3. Each request should describe clearly:
126.96.36.199. What service is requested
188.8.131.52. If there is any fixed deadline by which the service should be delivered
184.108.40.206. If there are any additional circumstances that might affect the delivery of the services
220.127.116.11. The names, job position and the email addresses of the Customer representatives that will be responsible for the successful execution of the services from Havelock JSC (if different than the ones listed in the Individual contract).
18.104.22.168. Any other information that might be useful for the successful execution of the services.
4.5.4. Havelock JSC will review the request and reply with either request for additional clarifications (if needed) or with indicative budget and timeline for the execution of the requested services.
4.5.5. The parties verify the agreement in relation to the additional services with the signature of Annex to the Individual contract.
4.6. Prices for additional services
4.6.1. Additional services – all other additional services are billed on a “per hour” basis. The specific prices are described in the Individual contract.
4.6.2. All costs related to travel and accommodation expenses, as well as daily allowance of Havelock JSC team (the Costs) will be communicated to Customer prior to commencing each of services, described above in this Policy and Parties shall reach an agreement thereof based on Customer’s expressed approval of the Costs.
4.6.3. Customer is obliged to reimburse Havelock JSC for the approved Costs within 30 (thirty) calendar days as of being invoiced.
4.7. Payment procedure for additionally requested services
4.7.1. Tickets – additional tickets are billed on a monthly basis:
22.214.171.124. Havelock JSC reserves the right to request payment of the first bundle of tickets in case Customer has submitted for two consecutive months more than 1 (one) ticket above the number of tickets included in the monthly subscription fee, listed in the Individual contract.at the month
4.7.2. All other services are billed monthly, on the next month they occurred.
5.1. Milestone templates – See detailed definition of Milestones Templates in Product Description (link).
5.2. Machine error – any failure of operation of hardware related directly or indirectly with the usage of Havelock Product(s). Those might be but not limited to connectivity devices, servers, end user computers or mobile devices.
5.3. Business hours – 9 am to 5 pm (Central European Time zone)
5.4. Support incident (ticket) – service request from an End user that is received by a ticketing (helpdesk) system.
The present version of these Terms was adopted by Havelock JSC on October 28th, 2019.