MAINTENANCE AGREEMENT
Everest Software International®
Maintenance Agreement
This Agreement is by default deemed to be a binding agreement between Everest Software
International Pty. Ltd. (Vendor) of 8 Lana Street, Blackburn South, Victoria, 3130, Australia, and the
software user paying yearly maintenance fees (Client) to Vendor for any of Vendor’s software
products.
SCOPE
The scope of this Agreement only covers:
- The software product(s) sold to Client by Vendor (directly or through affiliates);
- The issues caused by or directly related to such software product(s);
- Software product(s) for which Client is paying the Maintenance/Support fees to Vendor;
- The time period for which Client is paying Maintenance/Support fees to Vendor.
All software support provided to Client by Vendor that falls into any of the explicitly defined here
categories will be rendered without any additional fees to Client. Any support provided to Client
by Vendor that falls outside of the documented here scope will not be covered by these provisions
and will incur billable fees.
The scope includes:
- All software updates and upgrades released within this scope, as they become available. This
includes any extensions to the software within this scope and to any bug fixes, whether
requested by Client or implemented independently;
- Priority attention to reported issues and a prompt attempt to resolve them, but without any
implied guarantees that any such issues can be resolved to Client’s satisfaction or at all, i.e.: on
a best effort basis;
- The ability by the Client to request additional features or functionality for the products within
this scope, which will be considered by Vendor at their discretion;
It is understood that all and any issues not directly related to the software within this scope are
explicitly excluded. This provision covers all and any networking, 3 rd-party software (including
compatibility), hardware, human error, on-going configuration and use of the software, software
deployment, 3rd-party integrations and all similar issues. Vendor makes no warranties regarding any
third party products, even if such are delivered hereunder.
This support scope will be additionally qualified as follows:
- Provided during business hours in Australia. If booked in advance, Vendor may offer support
during extended hours at Vendor’s discretion;
- All not urgent support requests can be sent directly to Vendor at any time via e-mail and will be
attended to in due course;
It is understood that some issues may not have any possible or practical resolution and that in some
instances the potential resolution can be either too hard to achieve or go against the design
requirements of the software and so Vendor cannot make any explicit or implied guarantees.
EXCLUSIONS:
A. THIS AGREEMENT PROVIDES SERVICES AND IS NOT A SALE OF GOODS.
B. TO THE EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES AND CONDITIONS – WHETHER IMPLIED
BY STATUTE OR OTHERWISE – OTHER THAN THOSE EXPRESSLY SET OUT IN THIS AGREEMENT, ARE
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Copyright © Everest Software International® All Rights Reserved.
MAINTENANCE AGREEMENT
EXCLUDED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
C. NEITHER PARTY WILL HAVE ANY INSPECTION OR AUDIT RIGHTS FOR THE OTHER PARTY UNDER
THIS AGREEMENT.
LIMITED LIABILTY:
A. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR A MONETARY AMOUNT
GREATER THAN THE AMOUNTS PAID HEREUNDER.
B. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY LOSS OR INJURY TO
EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY, WHATSOEVER AND HOWSOEVER
CAUSED AND WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE EVEN IF EITHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. CLIENT AGREES THAT IT SHALL NOT MAKE ANY CLAIMS AS A RESULT OF THIS AGREEMENT
AGAINST ANY VENDOR’S EMPLOYEES, OFFICERS OR DIRECTORS. THIS SECTION SHALL SURVIVE
THE TERMINATION OF THIS AGREEMENT.
D. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL
OF THEIR ESSENTIAL PURPOSE.
DISPUTE RESOLUTION:
A. All and any disputes involving this Agreement shall be determined under the law of the
Commonwealth of Australia and applicable State laws.
B. The location of any hearings will be in Melbourne, Victoria, Australia.
The term of this Agreement shall not exceed the active & paid maintenance period(s).
Signed:
Service Provider: Customer:
Accepted and Effective as of: Accepted and Effective as of:
By By
(Authorised Signature) (Authorised Signature)
Alexander Pastuhov
(Print or Type Name) (Print or Type Name)
Director
(Title) (Title)
Everest Software International Pty. Ltd.
(Company Name) (Company Name)
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Copyright © Everest Software International® All Rights Reserved.
