For Reference any term ‘Lean Software’, ‘Supplier’, ‘Provider’, ‘Us’, ‘We’ or ‘Our’ will refer to Lean Software Limited.
‘You’, ‘Your’, ‘Customer’ or ‘Client’ will refer to any purchaser of a Lean Software application with a current and valid software license.
‘Help Desk’ refers to the Lean Software customer support web portal found at https:///leansoftware.net/Help-desk.aspx.
‘My Administrator’ is your selected representative who will be responsible for managing log in access and all support requests and activities on this facility.
This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between Lean Software and any existing client.
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent support and delivery to the Customer(s) by the Provider.
The objectives of this Agreement are to:
· Provide clear reference of roles and/or responsibilities.
· Present a clear, concise and measurable description of service provision to the customer.
· Match perceptions of expected service provision with actual service support & delivery.
This Agreement remains valid until superseded. Lean Software are not required to ensure notification of any updated revisions. However we will make our best endeavours to inform our customers when changes occur. The latest version will always be available on our website www.LeanSoftware.Net.
The provider will deliver all normal day to day support using the Help Desk. This online facility will be available 24 hours per day, 365 days per year, subject to the provision of service by our web hosting provider.This facility will be the primary source of all customer information and its services are subject to content addition and on-going development.
All requests for support must first be registered on the HelpDesk, subsequent discussions may be communicated directly to the lean Support team via Support@LeanSoftware.net.
The customer HelpDesk will be manned to respond to all support requests during normal UK office hours, unless you have made other agreement with Lean Software
8:30 - 17:00 GMT Monday - Friday .
Urgent support requests outside normal hours must follow the standard service as outlined above. This level of cover is chargeable at our standard rate of £100 UK per hour.
Urgent requests should be followed up with a direct email marked to Support@LeanSoftware.net, if you do not receive a response with one hour, please call the Lean Software support mobile 07967 032641.
In all instances Lean Software will resolve emergency requests in the order they deem to be most urgent.
In order for your support call be raised above outstanding standard support requests you may purchase a priority support service, ensuring your call is dealt with above all non priority outstanding normal support calls .
Currently this service is purchasable at £1000 per year.
Should you wish to simply receive metered help and support or training you can purchase one to one online screen sharing and consulatancty time at £100 per hour.
If the customer requests requires (for example) EDT task development, or SQL code development, the customer can purchase task developer time @£540 per day.
Initially an estimate of time required to complete the request will be provided free of charge.
The customer should then provide task specification or allow a lean task developer access on site or remotely to enable them to create such a specification for the client's approval. A more accurate and possibly fixed quotation of time required will be provided upon completion of the specification.
2.3.5 Fast Track Software Enhancements
If the customer requests any new features to an existing Lean application or requires their wish list item to be prioritised for action sooner than planned, they will be asked to define their requirements in more detail. The support and development team will then assess the development for its potential to be added to the system. A development specification will be prepared to ensure that the customer and the Lean Software development manager have a clear understanding of the specific requirements and deliverables, as well as a cost estimate for doing the work, usually given as a module of pre-paid support hours required to complete the work.
If the customer wishes to proceed with the development, they will be sent an order form and invoice for payment. Once payment has been received a project will be set up for the work and it will be scheduled into the workload.
If necessary, for larger developments we may agree to produce a project plan so that the customer can follow the development and progress the agreed milestones and target dates.
All developments done in this way are subject to customer testing and trials.
Unless otherwise agreed all developments will be made available to all customers as part of the core system and be provided as part of their annual licence update.
2.4 TYPES OF SERVICE
Support requests made on the HelpDesk are currently unlimited and available for the life of an agreed licensing period to any customer. We operate a fair usage arrangement and customers who abuse the use of this service may be de prioritised.
Each customer is entitled to all new releases of their purchased application within their licence agreement period.
A username and password will be provided to the customer’s HelpDesk and online application Licence management. It will be their responsibility to distribute these details to personnel that require access.
Support requests will be dealt with online and where required via a remote connection / screen sharing, either using the Skype service or other screen sharing software as required by the client.
Site visits and training may be scheduled and agreed as per your specific contract Terms of Supply agreements.
Lean Software cannot be held responsible for delays in performing specific services providing they have followed and taken appropriate actions as outlined in this agreement.
Lean Software takes no responsibility if the supplier is prevented from performing specific services for any reasons beyond the control of the supplier, or by those which are caused by the client.
Special arrangements are usually made with all new customers to allow more regular and day to day direct telephone contact with their installation support team member. This arrangement is provided to assist the company in getting their new system, installed, configured and operational as soon as possible or in accordance with their agreed installation plan.
Our goals are to respond to support request within the timescales as detailed in Section 4.3 with either a solution or a proposal of actions to be taken.
All timings given for the resolution of support requests and development work are provided on the basis of our best endeavours and may depend on other factors including:
· The level and numbers of outstanding support requests.
· The resources we have available at the time of the request.
· The time taken for customers to respond to any pending questions or requests for further information required by the support team.
In circumstances where a support request leads to additional development being requested, the support requests will be progressed to an agreed development specification and a costing and timescale for completion would be provided. A signed order form and payment from the customer would be required before any work is commenced. The support request would be closed and reassigned to a development project.
In line with its commitment to continually improve its products, Lean Software conducts regular reviews of all support requests. Any areas that are deemed by the Lean Software development team as having potential for improvement may be added to a development wish list. These items may be considered for inclusion as part of the on-going road map for the development and improvement of the systems.
Lean Software operate a feedback program and will always endeavour to introduce into the system changes that we feel would be worthwhile and beneficial to others.
Feedback is publicly available online https:///leansoftware.net/Feedback.aspx
As each support request is dealt with the response provided by the support team will be entered into HelpDesk and a notification email sent to the customer, at the address entered in the system, to inform them that a change has been made to their request.
The support team may request further information or clarification of the issue being reported and will expect the customer to respond in a timely fashion to such requests. Each request and response will be recorded with a date and time stamp.
All support requests are assigned a status to reflect the requests current situation. Status’s are subject to change and are outlined as follows:
When initially logged by a customer a call is assigned the status of New.
If a request is in progress and is likely to take more than two days to resolve the support team may change the status to Active.
Once there is nothing more to do on this call, Lean Software will assign a status of Resolved.
The support team may assign this status is the call was made in error, is retracted by the customer, or is a duplicate.
Feature requests may receive this status - to receive the feature in a faster time - see section 2.3.5.
All ‘active’, ‘standard’ requests will be dealt with in the order they arrive to us. We operate a strict first come first serve resolution policy, unless you purchase a priority support service - see section 2.3.2
All timings will be benchmarked from the time of submission as per their marked timestamp.
Any support requests that Lean Software deem to be an emergency will be flagged as such and be dealt with before any ‘active’, ‘standard’ request.
Software bug : we aim to resolve by way of Service Release(amended software version) within 12 hours of the bug being reported.
Support request : we aim to respond with 2 hours, and fully resolve any issue within 24 hours.
In reality our clients often experience a faster service response than these target response times; depending on the complexity of the problem to resolve.
As a requirement of Lean Software providing support, each client must allow remote access to their computer hosting our software and to any computers using our software that require any online training or support. Lean Software cannot guarantee support for any computer where access is unavailable.
Remote access is preferred by ‘Remote Desktop’, either Skype or the clients own preferred access method.
When working on-site the client will ensure the provider’s staff has timely access to appropriate client personnel and will arrange for the provider’s staff to have suitable and safe access to the client’s facilities and systems.
Dedicated tailored one to one - online training is available to purchase at £100 per hour and generally provided via remote screen sharing, possibly onsite subject to location and discussion.
In order to maintain the integrity of the client’s data, the client will ensure that all personnel who work on their live system are adequately qualified and have received suitable training.
The client is asked not to submit support requests for information that is already available to them.
Prior to submitting a support request the following actions must be reviewed:
· Ask your super user. This person knows the system well and will most likely be able to resolve common misunderstandings with the operation of the software.
· Check the online help pages.
Double check your options and settings, if you cannot access your system then check your network connection first.
When submitting support requests customers should enter a title that accurately describes the problem or question. A clear and concise title will allow us to efficiently assign the request to the correct personnel and allow them to resolve the issue more quickly. Titles such as ‘Please help me’ or ‘It doesn’t work’ are unhelpful and will be assigned a low priority which may result in a delay when dealing with the request.
A clear and concise description is essential to a quick response. Information such as login details, what you were doing before issue occurred, what was clicked and any screen shots of the actual issue being reported always helps. If we require additional details they will be requested, no action will be taken until we hold all the information required.
Customers should be aware that we cannot always give you a clear answer as to why the software or your system may have behaved the way it has, or how the issue may have been caused. The issue may be the result of a wide range of factors, including user actions.
Please be polite and courteous and appreciate that we want to work with you to resolve any and all issues.
The provider operates a Zero Tolerance policy to any kind of abuse to its staff. This includes the excessive use of any bold capital letters or red formatting of text in emails, or any other form of abusive slang or language, this may be deemed to be an abuse and we may refuse to respond to any such support requests.
If during any phone conversations the client or their staff use raised voices or become verbally abusive or use insulting or derogatory language, then the providers’ staff will notify the person being talked to, that the conversation will be terminated until such time as the clients’ staff are prepared to continue in a reasonable and constructive manner. They will terminate all such conversations or report any such abuses they receive to the provider’s directors who will then escalate the incident to the client’s directors for discussion and resolution.
The client undertakes to process and settle invoices by the due dates agreed on their signed order form or written Terms of Supply.
Lean Software do not normally operate a policy to withhold service or to refuse the issue of licence codes for late or non-received payment, without first having provided ample notice and only after exhausting all reasonable steps to secure payment, or to have agreed revised payment terms.
However as a last resort the provider reserves the right to do so and their End User Licence agreement details the terms for termination in this and other respects.
Lean Software warrants that all services will be performed in a professional, workmanlike and courteous manner consistent with industry standards reasonably applicable to such services.
Lean Software operate a process of continuous improvement in all aspects of its products and services.
The client is responsible for ensuring that their systems and software meet the requirements required by the purchased lean application.
The client must provide an appropriate broadband connection and bandwidth capability to ensure timely upload and download operations for any web sites being hosted on their behalf by the provider.
The client must maintain their system to ensure that all relevant updates and service packs as appropriate are loaded.
The client must provide and keep updated any anti-virus protection, in addition to any spyware protection, that may be required on their server’s and PC’s.
The client must undertake to report any virus or other attacks that may have occurred to the provider so that the provider can take any appropriate actions.
The client is to ensure that the provider’s employees are given necessary access to all relevant software and systems in order that the services and support may be delivered and maintained in accordance with the terms of any agreements that are applicable.
In the event that the client operates formal security policies, the provider will ensure that its employees are made aware of such policies and will also ensure on-going compliance with these policy statements. The client will provide the supplier with up to date information on its security policies and will keep the Supplier informed about any changes to these policies.
It is not the policy of Lean Software to directly liaise with any third parties unless by prior arrangement with the client, and only then following their formal request and agreement.
The provider reserves the right to provide costs for and to charge for any work that may be required to liaise or work with any third party.
Lean Software reserve the right to refuse direct interaction with any third parties.
Lean Software will manage information and data security with reasonable efforts to restrict unauthorized access. The supplier will make best endeavours to ensure that its employees and representatives are fully aware of the risks associated with information and data security issues.
Lean Software will never request passwords via e-mail and such requests should be denied by the client.
Any and all information held by Lean Software that relates to our clients is held in the strictest of confidence. We will not knowingly divulge or disclose any information about any of our clients to anyone without prior consent or approval by a company director.
All data held on our local systems is protected by standard password security policies.
The provider may agree to sign any Non-Disclosure or confidentiality arrangement with any client, provided that this does not infringe their rights to improve and benefit from any product improvement that may have been made for any client, and that the terms of such an agreement do not place any undue burden on them.
Under no circumstances must any customer reveal, give out, pass on or divulge their Lean Software login or password to any other customer or third party.
The HelpDesk may contain potentially sensitive commercial, should the call be private it should be marked as Private when creating the call, and it is everyone’s duty to ensure that strict confidentiality is maintained.
If any customer becomes aware of any suspected breach of this nature, they must report it immediately to the Support team, who will issue new logins.
All clients have a responsibility to ensure there is an appropriate backup and recovery policy in place for both their system and accounts data.
Lean Software conducts routine daily backups of all lean web based SQL system and application licence related data and holds that data locally for a period of seven days.
We recommend all clients have applicable disaster recovery plan in place that is regularly updated and managed.
Both parties acknowledge the intellectual property rights of the other party whether registered or not.
Unless obliged by law both parties agree to keep confidential all information concerning the other party’s business or its ideas, products, customers or services that could be considered to be “confidential information”. “Confidential information” is any information belonging to or in the possession or control of a party that is of a confidential, proprietary or trade secret nature and that is furnished or disclosed to the other party. Confidential information will remain the property of the disclosing party and the receiving party will not acquire any rights to that confidential information.
The client, whilst complying with these statements and actions, must also ensure that every reasonable effort is made to ensure that the copyright of the system design, screen layouts, reports and all documentation provided to them as part of the product systems, is not divulged to any other third party or persons who may be deemed to be a competitor of the provider. Neither must they pass on any design or other material in whatever form to any such party for any other purposes that may be deemed a breach of confidentiality and or copyright.
All systems are provided subject to this Lean Software Service Level Agreement (SLA), any other Lean Software Terms of Supply. Acceptance is implied and accepted by all customers as part of their purchase of any Lean Application.
All disputes will be subject to these agreed Terms of Service.
Lean Software have a strong initiative to create and maintain high levels of customer care. All dispute requests will be investigated impartially and followed up.
We will consider any dispute requests valid if the concern breeches in anyway the level of service outlined in this agreement.
If for any reason the customer feels dissatisfied with any actions or conduct, then an attempt to resolve the dispute should initially be done so with the person dealing with your query.
If you feel that the member of Lean Software personnel has dealt with or in unable to deal with your concern in an appropriate manner, then your concern can be escalated from the support team member who is dealing with your request to the appropriate product development manager. You can escalate your request by sending an email to office@LeanSoftwareNet or by writing to us noting in the detail of your dispute and actions that have taken place to your dissatisfaction. Please be aware that escalated request cannot always be responded to immediately and time for investigated is required. The customer should allow a minimum of 24 working hours for a response to be submitted. If you do not receive a response within this timeframe a follow up call would be appropriate.
Submitted request should be polite and relate only to the facts. Opinions are subjective and do not always reflect the truth of the matter.
If a remedy cannot be satisfactorily agreed upon, then the issue will be escalated to be investigated by a company director.
It is not the policy or intention of Lean Software to discontinue the service provided by the system to any customer. The Lean Software directors will make every normal effort and any extra special efforts required to personally resolve any issues to the satisfaction of their customer.
We cannot give any absolute guarantees for the timings to respond to and complete any support requests other than the expected response times. We cannot we accept any liability or consequential costs for any actions relating to the initial support request or resolution of a support request, or from any incidental consequences occurring prior to or during customer trials and testing or use thereafter. The supplier is not responsible for any loss of data or other event or loss of any monetary value caused by failure of a lean application or lean related activity. Service is provided to the highest possible standard, but this agreement explicitly denies the customer any right make legal claim against Lean Software ltd. The provider is not responsible for any damages caused by the failure of the client or its affiliates or other suppliers to perform their responsibilities. The limitation of liability included in this section will survive this agreement.
Depending on the payment plan agreed for the first year, the customer will be issued with a licence key. This is a date sensitive code that is used to control customer access to their system. This can also be used as a form of staged licence fee payments. Customer care will keep a record of all licences and issue new ones before they are due.
On the anniversary of the first installation of the system on a customers’ computer or server, an annual licence fee will become due. On receipt of payment a new licence key will be issued for a 12 month period or for a lesser period if other arrangements have been agreed.
At the time of renewal the customers’ system will be updated to the latest version available. A ‘What’s New’ guide will be provided and the customer given the choice to have any new features that are provided as part of the core system, or any add in modules they have already purchased implemented. They will then receive on-going My World support and online training for another 12 months.
This agreement commences at the time Lean Software receive the clients signed order and unless specified otherwise is for an initial period of 12 months. This agreement will be automatically renewed annually for successive one-year periods unless notice is received 180 days before such annual expiry date. The supplier will provide to the client 30 days written notice of any price changes due to take effect from each renewal date.
Either party may terminate this agreement at any time by giving 180 days written notice to the other party.
If either party fails to perform its obligations under this agreement and does not, within 30 days of receiving written notice describing such failure, agree to take measures to cure such failure, then this agreement may be terminated forthwith.
In the event of termination of this agreement for any cause, the client is still contractually bound to continue to pay the supplier up to the effective date of termination for any fees or expenses due for services delivered up to that date.
The client is also contractually bound to pay the supplier in full the remainder of any outstanding instalments for license fees that where agreed at the time of the order.
Our software licence is an annual fee and termination of this contract early does not detract from the initial sum agreed upon.
Termination may be actioned if the providers EULA terms are found to have been breached. In which case the termination period will be as set out in the EULA.
All of the conditions and restrictions of this service level agreement and EULA will continue to apply to the client for a minimum period of 12 months following the date of termination.