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MetriQ Limited offers annual maintenance services to our customers, under MetriQ's Annual Maintenance Agreement. The services provided and the policies under which the services are rendered are described in this document. These policies are not a contract and MetriQ Limited may elect to change its Maintenance Agreement at anytime without notice.

  1. Maintenance Services. MetriQ Limited provides maintenance services to Licensees of its Software (“Customer”), which is licensed under the MetriQ Limited authorized Software License.
  2. Fees. Customers may subscribe to the maintenance agreement by paying the annual maintenance fee. The maintenance fee for each successive one-year term shall be due and payable no later than the last day of the then current term. Customer may be required to pay an additional fee if maintenance services lapse and are subsequently resumed. Customers purchasing additional software or modules during the current term of their maintenance agreement may be required to pay additional maintenance fees for the additional software or modules.
  3. Term. Maintenance agreements for new software typically have a one year term (however multi-year agreements are available on most products), beginning 12 months from the date the software is activated. The term of a maintenance renewal will be included on the renewal notice. MetriQ Limited or your local reseller will endeavor to send a renewal notice prior to expiration of your current maintenance agreement. Maintenance agreements will automatically terminate: (i) upon termination of the Software License Agreement; and (ii) in the event that Customer fails to pay the then current Maintenance Fee when due. The Current version is the supported versions of a Product.
  4. Maintenance Services. The Maintenance Services shall include the following support:
    1. Software Releases. MetriQ Limited will make available to Customer such point releases, updates, upgrades, Service Packs (minor patch releases resolving critical bugs) and/or enhancements to the Software which MetriQ Limited makes generally available to its Maintenance Customers at no additional charge when available. Customer shall be responsible for the installation and/or upgrade of the software. In the event that the Customer requests or necessitates more than one hour of Technical Support for the installation or upgrade of the software or applying a Service Pack, the Customer will be billed for such Services at MetriQ Limited's standard rates then in effect. In the event that MetriQ Limited Professional Services are required, the Customer will be billed for such Services at MetriQ Limited's standard rates then in effect. As MetriQ Limited makes available software releases, MetriQ Limited reserves the right, at its sole discretion, to discontinue or modify the terms and conditions of support for non-current releases and versions.
    2. Excluded Services. Excluded from the coverage of this Agreement are services resulting from misuse or modification of the Software by Customer, failure or interruption of any electrical power, or any accident or other cause external to the Software, including, but not limited to problems or malfunctions related to Customer's network, database, third party software products, and/or workstation configurations or Customer's hardware. Such excluded services, and additional consulting services such as training, setup and technical integration may be contracted for separately at MetriQ Limited's then current labor rates, subject to MetriQ Limited's agreement.
    3. Customer's Responsibilities. Customer is responsible for (i) notifying MetriQ Limited of all problems for which Customer requires assistance, and (ii) allowing, if necessary, access to the Software, and (iii) the assistance of a qualified Customer representative, so that MetriQ Limited can perform Maintenance Services hereunder.
    4. Cutomers will have 24/7 access to the MetriQ Limited Support Knowledgebase.

  5. Support for Installation and Upgrade of Products. Technical Support will provide a maximum of one (1) hour of support, during installation or upgrade of a product. Customers who require more extensive assistance with their installations may purchase one of our pre-packaged "Reach Out" program. Reach Out programs are provided by an experienced member of the MetriQ Limited's Professional Services Group or by a MetriQ certified user who will handle all aspects of your installation for you either remotely or on site. More comprehensive Reach Out packages also include support for database administration, configuring your application software or providing specialized customizations. Contact your MetriQ Limited Account Representative or the MetriQ Limited Customer Service Center at +64 9 5850099

    For products that have a limited number of Technical Support incidents, installation support (as described above) will count as 1 incident.

  6. Limited Warranty. MetriQ Limited WARRANTS THAT THE MAINTENANCE SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. MetriQ Limited MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS SUPPORT AND MAINTENANCE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER.
  7. Limitation of Liability. THE CUMULATIVE LIABILITY OF MetriQ Limited TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO MetriQ Limited WITHIN THE PRIOR YEAR. IN NO EVENT WILL MetriQ Limited BE LIABLE TO CUSTOMER FOR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF MetriQ Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

 

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