Statement of Policy on Data Protection Act 1998

Remote Support Supplementary Conditions
1. Definitions
1.1 Customer means the person firm or company whose name and address appears in the box marked "Customer" overleaf
1.2 Software means the list of computer programmes which appears in the box marked "Supported Software" overleaf
1.3 Remote Support means the provision of a telephone help line for the purpose of advising the Customer upon the use of the Software and the general use of computers and also a facility to connect to the Customer's computer or computers to monitor performance and make changes on behalf of the Customer if required
1.4 The Term means the period of twelve (12) months commencing from the start date given in the box marked "Subscription Details" section overleaf
1.5 Use of Remote Support means the amount of time during the Term that LIS records show has been spent dealing with the Customer
1.6 Maximum Use of Remote Support means the amount which appears in the box marked "Service Level" overleaf
2. Conditions Applicable
2.1 These Conditions apply to this contract for Remote Support services supplied by LIS to the Customer and supplement LIS' normal Terms and Conditions to the exclusion of all other terms and conditions including any terms or conditions which the customer may purport to apply under any order confirmation of order or similar document
2.2 All orders for the Remote Support services from LIS shall be deemed to be an offer by the Customer to use the Remote Support services pursuant to these Conditions
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by LIS and detailed overleaf
3. The Price
3.1 The Price shall be the fee set out overleaf. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the invoice issued by LIS
3.2 The Price shall be calculated by LIS upon the basis of information supplied by the Customer to LIS of the computer system and Software used by the Customer and the expected Use of Remote Support services.
3.3 In the event that the Customer's Use of Remote Support services exceeds the expected or Maximum Use of Remote Support services then LIS may serve one (1) months notice in writing upon the Customer varying the Price or Maximum Use of Remote Support services such varied Price shall be paid by the Customer to LIS within seven (7) days of the expiry of such notice
3.4 If the Customer is unwilling to accept the variation of Price pursuant to clause 3.3 of this agreement then the Customer shall inform LIS of this in writing within seven (7) days of receipt of the notice of variation of Price.
3.5 LIS may elect within 1 month of receipt of the Customer's refusal of the variation of Price to terminate this agreement when an appropriate portion of the Price shall be refunded to the Customer apportioned on a monthly basis less administration charge of ONE HUNDRED POUNDS (£100.00) plus VAT
4. Customer Obligations
4.1 If the Customer shall change its computer system, configuration or software used during the Term then the Customer must notify LIS in writing.
4.1.1 Upon receipt of such notice LIS may at its sole discretion modify the Software covered by this contract and reserves the right to vary the Price upon such modification. The Price variation and the Customer's right of refusal shall be notified in accordance with clauses 3.3 to 3.5 of this agreement
4.2 The Customer shall provide and maintain in service such communications systems as may be required to allow the Company sufficient access to the Customer's systems to meet its obligations under this contract
4.3 The Customer shall disclose to the Company such user names, passwords or other operational details as may be required to allow the Company to adequately perform its duties under this contract.
4.4 The Customer shall ensure that all requests for service under this contract are notified to LIS using whatever methods and procedures as may be in force from time to time.
4.5 The Customer will appoint a member of staff who will work under the direction of LIS to help resolve or diagnose faults as required.
4.6 Where LIS determines that a specific necessary operation cannot safely be undertaken or completed by the helpdesk for technical operational or other reasons, an engineer will be assigned to complete the task onsite. The Customer accepts that this visit will be chargeable at the currently applicable rate and undertakes to meet these charges.
5. Termination
5.1 LIS shall be entitled to immediately terminate any agreement by serving written notice on the Customer upon the occurrence of any of the following events:
5.1.1 default in payment by the Customer of any sum within seven (7) days of the due date
5.1.2 failure on the part of the Customer to perform its obligations
5.2 LIS shall be entitled to terminate any contract at its sole discretion and without disclosing any reason by service upon the Customer of one (1) months notice in writing of termination
5.2.1 In the event of termination of any prepaid contract by LIS in accordance with clause 5.2 a proportionate part of the Price paid in full by the Customer calculated by reference to the unexpired period of the Term shall be repaid to the Customer
6. Renewal
6.1 This is an annual contract with automatic rolling renewal. An invoice will be raised on the anniversary of the contract for the appropriate fee currently in force at that time.
6.2 In the event of an increase in the Price of more than 10% over the previous year, the Price variation and the Customer's right of refusal shall be notified in accordance with clauses 3.3 to 3.5 of this agreement
6.3 The Customer shall be entitled to cancel the contract renewal, by issuing notice of the cancellation in writing one calendar month before the anniversary date.
7. Proper Law of Contract
7.1 This agreement is subject to the law of England and Wales
7.2 Each Clause contained in this agreement shall be construed as a separate Clause and if one or more of these clauses shall be held to be against the public interest or unlawful the remaining clauses will still bind the parties
8. Headings
Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.