1. PRELIMINARY PROVISIONS
These General Terms and Conditions lay down the method of use of the support and maintenance services. The General Terms and Conditions of the Support and Maintenance Services shall apply together with the General Terms and Conditions of the company Metra Inženiring d.o.o. and constitute an integral part thereof; they govern the relationships between the contractor and the client and/or between the contractor and the user concerning the system support and maintenance services, which the contractor is providing. The definitions herein shall have the same meaning as the definitions used in the General Terms and Conditions of the company Metra Inženiring d.o.o., unless explicitly stated otherwise by the provisions hereof.
Upon registration of the user account, the user consents to the General Terms and Conditions of the Support and Maintenance Services as well as the General Terms and Conditions of the company Metra Inženiring d.o.o. and that he/she accepts any and all obligations deriving therefrom. The applicable General Terms and Conditions of the company Metra Inženiring d.o.o. are published on the www.metra.si website.
1. General Terms and Conditions of the Support and Maintenance Services are the general terms and conditions of the support and maintenance service provider in relation to the clients and/or users.
2. The Contractor is the company Metra inženiring d.o.o.
3. The User is the end user, who uses the Contractor’s services and pays for the services.
4. Email address firstname.lastname@example.org is the email address of the Contractor, where the User may send his/her request to.
5. Critical error and/or an incident is an error, which disables or significantly impedes further operations of the User and may seriously endanger the working process, safety and reliability of the data.
6. Non-critical error is any other error, which impedes further operations of the User and does not seriously endanger the working process, safety and reliability of the software.
7. Working hours are expressed in hours at the local time of the Republic of Slovenia, namely during the summer UTC+2 (CETS) and during the winter UTC+1 (CET).
8. Help Desk is a web app, intended for any and all communication between the Contractor and the User.
3. PERFORMANCE OF THE SUPPORT AND MAINTENANCE SERVICES
The support and maintenance services is a method of submitting orders for technical support through the web application. The use of support and maintenance services is enabled after the user registers and confirms activation password.
The Contractor shall communicate with the User through the online portal Help Desk. Furthermore, it keeps a record of each performed support and maintenance service, which includes the description of the service and/or the reference to the number of the request in the portal as well as the time and duration of the implementation. The time required by the contractor for keeping records shall be deemed performance of support and maintenance services.
4. WORKING HOURS AND PRICE OF THE SERVICES
The Working Hours of the Contractor are as follows:
• regular Working Hours (Working Hours – WH) are from Monday to Friday between 7:00 and 18:00;
• work outside the regular Working hours (Out of Working Hours – OWH) is from Monday to Friday from 18:01 to 22:00, and on Saturdays between 7:00 and 22:00;
• night time and/or time during the public holiday (Night and Holidays Hours – NHH) are from Monday to Saturday between 22:01 and 6:59 of the following day and from Saturday from 22:01 and Monday to 6:59.
The Contractor is entitled to a payment, in accordance with the time spent working. The basis for the price of the contractor’s services is the time of implementation under the local time of the Republic of Slovenia, whereas the basic unit for the calculation of price is each started 15-minute interval.
5. RESPONSIBILITIES OF THE USER
The initial registration of the User is done via email at email@example.com, which is when the User receives a notification for the registration of his/her user account to his/her email address; the User shall register and (once, upon registration) insert any and all contact information required for the performance and price calculation of support and maintenance services. Furthermore, he/she names the persons responsible for the filings of requests through the user portal.
Registered Users may perform all subsequent requests through the user portal, as well as communicate with the Contractor, access all of their requests and check the status of their request. The User shall provide a detailed description of the error upon registering, along with the system type of machine name and name of the project, which the request refers to.
Out of Working Hours and for the purposes of the quickest response, the User shall report the request via mobile phone at +386 (0) 31 681 293.
The User undertakes to:
• permanently protect any and all data concerning the relationships from the maintenance contract; any and all data of business and technical nature concerning the maintenance, constitute a trade secret of the Contractor;
• diligently protect the personal password and not to inform or transfer it to any third party. The Contractor assumes no responsibility for any damages on the side of the User due to fraud, intent or negligence of third party with the personal password;
• immediately inform the Contractor of any change concerning his/her personal and contact information as well as information of the responsible person;
• use the support and maintenance services in accordance with the Contractor’s instructions, provisions of these General Terms and Conditions and the applicable legislation;
• immediately inform the Contractor of any change to the settings of the hardware or software as well as of any irregularities concerning the operation of support and maintenance services;
• immediately inform the Contractor of unauthorised use, suspicion of unauthorised use or the possibility of unauthorised use of the personal password;
• ensure the protection of the system from unauthorised, unqualified and malicious access;
• enable the Contractor to access the system, if required even out of working hours, in accordance with his/her safety regime;
• provide an appropriate infrastructure for the purpose of functionality verification;
• inform the Contractor of any and all circumstances relevant to the performance of support and maintenance services;
• regularly archive his/her data.
6. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor undertakes to:
• fulfil its obligations in accordance with these General Terms and Conditions;
• inform the User of any amendment and/or supplement hereto no less than 15 days prior to the amendment, namely via email, mail or in another way;
• continuously inform the User of any novelties in the support services;
• in case of any regular and contemplated works inform the User in advance of the envisaged suspension of operations;
• to collect and keep in an orderly manner the business-technical information on the system, which is necessary for the efficient performance of support and maintenance services;
• to notify the User of any possibilities, which may significantly contribute to a more economic or efficient use of the system;
• to abide by the User’s safety policy when performing the support and maintenance services.
The Contractor shall not be held liable for:
• interruptions in the operation of the support services due to disruptions and suspensions of the telecommunications network, for errors arising from the transfer of data through the telecommunications network or for disabled access to the support services due to reasons outside of the control of Metra inženiring d.o.o.;
• any damages arising from an inappropriate, incorrect or inadequate use of the system by the User, from unauthorised access to the system or from the failure of the system or the components thereof, notwithstanding the type and scope of the damages;
• data that the User maintains with the system. Protection, regular archiving and maintaining of data is the sole responsibility of the User;
• successful maintenance of the hardware, with an expired service life.
In no way shall the damages, which the Contractor must pay to the User due to the damages, which the User incurred in relation to the performance of support and maintenance services, exceed the value of the annual system maintenance.
These General Terms and Conditions apply as of 1 September 2019 and are available upon registration to the user portal as well as on the website of the Contractor. If the User fails to consent to these General Terms and Conditions, he/she may not use the support and maintenance services.
Upon these General Terms and Conditions entering into force, the matters governed by contracts and general terms and conditions, entered into prior to these General Terms and Conditions entering into force, the provisions hereof shall apply.