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Schedule: Scope of Services and Fees
Microsoft Professional Support provides remote support to IT professionals involved in the development, deployment and management of Microsoft software solutions in commercial environments.
Professional Support Services is provided through the purchase of Single Incident Services.
Pre-sales support is not available through this service. Pre-sales enquiries should be directed to the Microsoft Sales Information Centre.
On-site support is not available through this service. We provide the support services remotely from our sites to your sites in Australia unless you and we have agreed on an on-site visit in a particular situation.
* Microsoft Customer Service & Support (CSS) is changing its Professional support model to deliver deep technical expertise in the most effective and efficient manner possible. Since March 2009, Microsoft has expanded its call-back model for all Professional support incidents. This model eliminates unproductive hold time for customers and better captures problem and diagnostic data through a simple, intuitive online process. As a result, customer problems are routed more quickly to the most qualified engineer, who will call customers directly for resolution. Response times are defined by support offering and by issue severity. Customers can submit problems online at http://support.microsoft.com/get-support/more/ .
Unless you qualify for Free Support, the fee for a Single Incident during regular business hours Monday ? Friday 0800-2000 is $390.00 (including GST) and payment(credit card) must be received in full before support services are provided. After business hours the fee for a Single Incident is $780.00 (including GST).
After hours support is available for $780 including GST and only provides for business critical issues support (Severity A). Severity A incidents are defined as situations that involve a system, network, server, or critical program down situation that severely affects customer production or profitability. These are high-impact issues where production, operations, or development are proceeding but could be severely affected within several days.
Microsoft will provide continuous effort to resolve the problem 24 hours a day. Senior managers at Microsoft are notified.
The customer must allocate appropriate resources to sustain a continuous effort 24 hours a day. The customer's management must be notified.
For more information or to request Advanced Support, call 13 16 30 (within Australia)
All currently supported Microsoft products are covered by these services. To find out if a product is currently supported, see the Microsoft Product Support Lifecycle site. Services may be limited to specific products when promotional offers or discounted pricing options have been selected.
Assistance with software development (e.g. macro generation and code checking) is limited to 11 lines of code.
Where a product is designated as an OEM version, support issues should be referred to the appropriate equipment manufacturer, reseller or retailer in the first instance. An OEM version can be either installed on a PC prior to purchase or sold by an equipment reseller in conjunction with a custom-built PC or specific hardware components. Should a customer choose to use Microsoft Professional Support for problems with OEM products, charges will apply for all service, excluding bugs and documentation errors as defined below.
Support Life Cycle
Microsoft defines three phases of support availability over the life of its products:
Mainstream Phase: This phase commences at general product availability and normally extends for at least five years. During this phase a product is fully supported and free assisted support per the definitions below is available.
Extended Phase: The extended phase applies to selected products for a period of at least two years prior to obsolescence. During the Extended Phase, all assisted support is chargeable.
Non-Supported Phase: Once a product has reached the end of its life cycle it is removed from the list of supported products. Self-help online support is available for minimum of eight years after the product is released.
During the Mainstream Phase for a product, assisted support is provided free of charge for bugs, documentation errors and certain installation problems according to the following definitions. In cases where bugs and documentation errors have not been identified and documented by Microsoft, a support credit is required in advance of receiving support. Should the case subsequently prove to be eligible for free service, all fees charged will be refunded.
A bug is defined as "behaviour manifested by program outside of original design specification and is due to an inherent defect in the product code"; in other words a technical feature of a product that does not perform the task for which it was designed.
Many people believe a bug is something that causes their software to stop functioning in the way it used to, or not to function in a way they expect. The majority of the problems which are described by users as "bugs" are actually the result of incorrect configuration, a virus, or the software and the hardware not being compatible.
A documentation error is defined as being an instruction provided in the documentation accompanying the product (including text files) that is incorrect. Free service may also be provided if Microsoft determines that the documentation is ambiguous. Lack of feature descriptions or training materials are not considered to be documentation errors.
Installation is defined as "the process where the Microsoft program is extracted from the media, CD or diskette or network drive, onto the computer hard drive and the application successfully launches, or the operating system boots." A Microsoft supported installation procedure must be used to qualify for installation support.
Free assistance with installation is limited to individual installation of Microsoft products on stand-alone or network client systems. This service does not cover bulk or automated installation of products, network connectivity issues or installation of products classified as BackOffice (including Windows Server Operating Systems and server based applications). Further criteria and conditions for free installation support are as follows:
24 hours per day, 7 days per week
Microsoft Professional Support: phone 13 16 30 (within Australia) or +61-2 9870 2100 (International) and select the "Technical Support" Option.
Microsoft Sales Information Centre: phone 13 20 58 (within Australia) or +612 9870 2100 (International) and select the "General Enquiries" Option.
1. This agreement together with its attached schedules (?Agreement?) constitutes an agreement between the Customer named in the Application for Support Services (?you?) and Microsoft Pty Limited (ABN 29 002 589 460) (?MS?) once MS accepts your Application for Support Services (?Application?).
2. Acceptance of your Application may be, at MS? election, oral or in writing. Acceptance is a pre-condition to the provision of the Microsoft Technical Support Services (?Services?). This Agreement will then continue until terminated. MS may sub-contract or assign its obligations under this Agreement at any time.
3. MS will provide the Services specified in the Application and as described in the Schedule (which may be amended by MS from time to time). The Services involve telephone, but not on-site support. You (on behalf of yourself and all employees and representatives (if any)) agree to use the Services on the terms and conditions set out in this Agreement.
4. This Agreement applies only to those Services MS has agreed to provide. Provision of any product or services not so specified will be the subject of separate agreement.
5. You are responsible for all use (including misuse) of any access number or password provided to you as a prerequisite for the provision of the Services until such time as you advise MS in writing that the relevant access number or password has been lost or stolen, at which time a replacement access number or password will be issued by MS.
MS will charge you a fee for Services in accordance with the relevant Application and the applicable pricing set out in the Schedule . Where a fee applies you must pay in advance as a precondition to MS providing any Services. If multi-incident support packs are available for purchase, MS will not be required to provide support for incidents occurring after 12 months from the date of purchase. The prices set out in the Schedule are current as at the date of your Application. MS may change its fees for Services at any time but such change will not alter the fees applicable to Services you have already paid for in advance. Unless otherwise stated, all fees are inclusive of GST or similar tax, duty or other tariff. If any amount or fee is quoted on a GST exclusive basis and GST is payable by MS in respect of that amount for Services or any other supplies made in connection with this Agreement, an additional amount on account of that GST, tax duty or tariff will be payable by you. ?GST? has the same meaning as in a New Tax System (Goods and Services Tax) Act 1999.
7. Only software which is validly licensed by Microsoft, used within Australia, and unaltered (?Software?) is eligible for support. You should refer to the Schedule for information on currently supported and obsolete products to determine products which will be supported. Where language versions other than English are validly licensed, MS will use reasonable efforts to provide support for such language versions.
8. Services will be provided to assist you in resolving problems you encounter with the use or functionality of the Software and may include advice, recommendations and information concerning your use of the Software with various hardware and software configurations. MS warrants that it will use all reasonable care and skill in trying to resolve problems but is unable to, and does not warrant that every problem will be resolved. To the extent permitted by law, this limited warranty is in lieu of all other warranties and conditions, express, or implied, including all implied warranties of merchantability and fitness for a particular purpose and of all other obligations, conditions, or liabilities on the part of MS.
9. Services will not be provided where the Software is being used with less than the minimum system configuration recommended by MS.
10. You must provide MS with up to date, accurate and complete configuration and topology information concerning your computer system(s) and network(s) if asked to do so. MS reserves the right to refuse to provide Services to you at any time if in its sole discretion MS determines that your computer and network configuration(s) and topology(ies) are not supportable by MS, you fail to provide the requested information or you have provided insufficient information for MS to progress the issue. If MS makes such a determination you will be refunded or credited with any prepaid service charges, except where you fail to provide or provide insufficient information on request from MS and MS has already spent more than 30 minutes working on the relevant problem.
11. A request is considered a single incident request if it concerns a single use or functionality problem with Software, and is considered a single request until the Service provided in response to that request has ended regardless of the number of contacts with you concerning the problem. MS shall reasonably determine when a single request has ended.
12. If MS determines that the problem experienced by you is caused by hardware or software not provided by MS the support will be regarded as a single incident request, but support provided for that incident will end upon such determination.
13. MS may amend the terms of the Schedule on 30 days? written notice. If MS provides such notice then you may terminate this Agreement by notice in writing to MS. In this circumstance, if you have paid in advance you will be refunded an amount representing the number of unused incidents for which you have paid.
14. Either party may terminate this Agreement immediately by notice in writing if the other party has breached any term of this Agreement and has failed to remedy that breach within 14 days of being requested to do so or, alternatively, if the other party is no longer able to meet its debts as and when they fall due. MS may terminate this Agreement by giving you 30 days? written notice. You may terminate this Agreement by giving MS 90 days? written notice. At its discretion MS may suspend provision of the Services if at any time your conduct is such that, in its reasonable view, MS? ability to provide the Services is detrimentally affected by that conduct, if your credit card payment is declined by the relevant credit provider, or your method of payment is otherwise ineffective.
15. If you are dissatisfied with the level of support you are receiving from us after purchasing one of our support packages, please contact us with your concerns so that we can address this issue immediately. We value you as a client and strive for your satisfaction.If you have unused incidents that you no longer need, you may contact MS for refund. All request should be made in writing, within 90 days from time of purchase.
16. You acknowledge that you have relied on your own skill and judgement in deciding to acquire the Services.
17. You are not entitled to rely on, and MS makes no warranties in respect of, the Services being uninterrupted or error-free. MS does not warrant, and you must not rely on MS providing, error-free or continuous availability communications links as the provision of Services via telephone or data links is dependent on the continued availability of communications facilities provided by third parties. You agree to take adequate precautions against damage to your operation that could be caused by such interruption or errors, including making appropriate data backups, and that MS will not be held responsible for any loss of your data. You must ensure that means to access the Services are available and you must also ensure proper and lawful use of the same.
18. If the Schedule specifies response times then all reasonable efforts will be made by MS to resolve service requests in accordance with those response times, provided always that such requests can ultimately be resolved by MS.
19. If MS' negligence or breach of this Agreement contributes to any loss or damage you suffer, then to the full extent permitted by law (a) MS is not liable for loss of profits, business interruption, loss of business information, economic loss or any other indirect, incidental, consequential or special loss or damage; and (b) MS' total liability for any other damage is limited to the amount actually paid by you to MS under this Agreement. If MS breaches a condition or warranty implied under any law which cannot be lawfully modified or excluded by this Agreement, MS' liability is limited at MS' discretion to (c) supplying the services again or paying for their re-supply; or (d) repairing or replacing goods or paying for their repair or replacement.
20. If MS? performance of any obligation under this Agreement is prevented or delayed by causes beyond its reasonable control including, but not limited to, Acts of God, fire, explosion, vandalism, storm, strikes, labour disputes, wars, national emergencies, lockout, work stoppages or other labour difficulties, supplier failures, breaches or delays, failures and down times of utilities and/or telecommunications equipment or computer down times then MS shall be excused from such performance for the duration of the period during which such cause continues to bring about such prevention or delay.
21. If you disclose personal information (namely information about an identifiable individual) about your clients or intended clients to MS:
(i) MS will only use that personal information for the purpose of providing services to you; and
(ii) you warrant that:
22. MS retains ownership of any bug fixes, workarounds, patches, beta fixes and builds, and other software that MS makes available in the course of providing Services under this Agreement and only gives you a licence to use them. You must use such support software in accordance with:
(i) the end user licence agreement or other licence agreement governing MS' product for which the support is provided; or
(ii) the end user licence agreement packaged with the support software or any terms expressly set out in writing by MS if the support is not provided for a specific product of MS; or
(iii) the following restrictions if no licence agreement is packaged
with the support software:
(A) the software may not be reverse engineered, decompiled or disassembled to the extent this restriction is permitted by law; and
(B) the software may not be loaned, leased, sold, or otherwise distributed to another user; and
(C) to the maximum extent permitted by law the software is provided 'as-is', without warranty of any kind; and
(D) all support software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial licence rights and restrictions described elsewhere herein. All support software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CRF 252.227-7013 (OCT 1998), as applicable. You are responsible for ensuring support software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend" as required.
(E) MS may terminate your use of the software if you do not comply with these restrictions.
23. You do not have to pay us royalties for exercising your rights under section 21. We reserve all rights not expressly granted.
24. You give MS the permission to use your technical information for problem resolution, internal troubleshooting, product functionality enhancements and fixes, and in any descriptions of problems or solutions to problems which we store in our KnowledgeBase and subsequently distribute. MS must not identify you or publish your confidential information in any item in the KnowledgeBase. (The KnowledgeBase is the database of technical articles and trouble-shooting tools and guides used by MS).
25. You and MS remain free to develop products independently without the use of the other's confidential information. Neither you nor MS are required to restrict the future work assignments of people who have had access to confidential information. These people are free to use the information they remember related to information technology, including ideas, concepts, know-how or techniques, so long as they do not unlawfully disclose confidential information of the other party. This use does not give any rights under the other's copyrights or patents or require payment of royalties or a separate licence.
26. This Agreement shall be construed in accordance with the laws applicable in New South Wales.