ENG – Maintenance Conditions

The contracted service will be provided by char, under demand of the char’s reseller technical staff or, if it is the case, by the end user, through its Technical Department, accessible via our website https://charpmslink.com/helpdesk/ in working days at Barcelona, Spain, from Monday to Friday from 9:00 am to 6:00 pm (GMT+1).

1. Summary of benefits

• Remote technical support with unlimited number of activities for technical issues and questions.
• Free reinstallation of the product, only with CHARWIN folder backup. 1 per year.
• Re-configuration of connections, etc. 1 per year.
• Free of charge upgrade of versions and revisions of the product purchased, including
  remote actions.
• Free replacement of USB dongle license, for those cases where the license of the product
  is not a Virtual License.
• Remote connection to perform a general check of the application, by request.
• Remote revision of the installation after it is finished.

2. Unlimited remote assistance

char technicians will provide a remote service assistance with no limit on the number of interventions and their duration for the solution of problems, incidents or concerns related solely to the char products included in this contract, in the best possible answer time within the standards of the industry. In general, char will try to give remote support at the same time that the request is made to solve the incident reported or will notify a specific period of resolution, within 24 business hours from the notification of the problem.

The technical assistance will be provided through telephone, skype, e-mail and/or remote access to user PC via Internet. char will determine in each case the appropriate assistance connection type according to the characteristics of the incidence reported.

Remote access through Internet: char technicians will be able to access remotely to user PC, with the prior consent of the contractor, where the applications are installed based on the problem reported. The contractor shall be obligated to meet the following requirements:

• The PC or Server where the char application is installed must have Internet access and web browser.
• The remote connection to be made by char must be expressly authorized by the user as the owner
  of the application where it is installed.
• The contractor must have backups of the configuration and data contained in the PC that is accessed,
  prior to the remote connection done by char.

char cannot be considered responsible for solving problems if the remote access is not allowed by the contractor or end user in case that char considers that the remote connection is essential to solve the issue.

3. Preventive maintenance

The contractor may request to char a remote revision of the application installed included in this contract up to one per year. To do it, the contractor must notify this requirement to char Technical Department via https://charpmslink.com/helpdesk/ to schedule the remote intervention. It will be done through remote access via Internet within the five working days of the request.

4. Reinstallations

The contractor may request to char the reinstallation of the products included in this contract, always with the existence of a previous backup of the installed product, to a maximum of one per year. To do it, the contractor shall notify to char Technical Department via https://charpmslink.com/helpdesk/ to schedule the remote intervention. It will be done through remote access via Internet within the five working days of the request, if the contractor may guarantee their availability and as a requirement to make the service:

• In cases for third-party equipment, all the necessary elements, correctly installed, configured and in optimum performance according to their features and specifications. This applies to any equipment, supplies, computer elements, systems, hardware, wiring and connections, drivers or third-party applications, licensing, etc.
• The technical collaboration of the contractor and/or third parties involved in the equipment where the reinstallation will be done.
• Availability, collaboration, and physical presence of contractor technical staff (or IT staff) to perform the physical actions that are required in the location of the equipment where the installation is done.
• Data and accurate information about the configuration and results to be obtained

5. Replacement of hardware license device

In case of loss, breakage or failure of the hardware license protection (USB dongle) required for the correct performance of the products included in this contract, char will replace the hardware protection free of charge, when it is required by the contractor via https://charpmslink.com/helpdesk/.

The new license will be, in all cases, a Virtual License.

This replacement will be carried out in the shortest possible time, always within the five working days after the request is received.

In case of loss of the hardware license protection, the end user of the application must perform a written waiver of rights to use of the license lost.

In case of breakage or damage, the contractor agrees to send the physical hardware protection to char offices in a maximum of thirty days after the replacement is done, assuming the full shipping costs.

6. Software updates

char will provide to the contractor, at his request, access to new versions or revisions of the products included in this contract. These updates will be provided free of charge by the physical or electronic way that char considers appropriate.

char will assume, at contractor request, the installation or implementation of these new versions, understanding this installation as an upgrade of the products already installed, in the same terms and conditions as it is specified in the coverage of “Reinstallation” of this contract.

7. Coverage and benefits not included

It is specifically excluded the technical support for those products or licenses not included in this contract. The following coverages are also excluded:

Data recovery from char software applications lost by any cause, not saved in backups correctly made by the contractor or end user to be restored remotely.

• The supply or replacement of products, licenses or hardware protections that are not held by the user and/or the contractor for any reason, prior to the signed of this contract or after its completion.
• Carrying out tasks associated with the end user regarding the maintenance, use and exploitation of the products included in this contract.
• Any on-site action or technical intervention and tasks to be done after the specified hours.
• Creation of new telephone operator and/or customizing rates based on data supplied by the end user of new operators not included in the application.
• Reinstallation of the product without a backup of the “C:\Charwin” folder.
• Reinstallation / reconfiguration of the system when the integrated systems/equipment (PMS, PBX, Hotspot, IPTV, etc) have been replaced and a reinstallation or reconfiguration of the system from scratch is required.

8. Limitation of liability

char undertakes to perform its services properly and with all the reasonably care as it is possible. The contractor admits that char cannot guarantee the resolution of all incidents that are transmitted by the end user or solved within a specified period. This contract does not guarantee the suitability of the products or services from char to obtain certain particular purposes, so char is not responsible in any case against the contractor, user or any person or entity that use such products or services of any financial loss, legal or work damage caused by the use or not use of the application. char will not be responsible about the break of its obligations defined in this contract if the performance of such obligations is prohibited, interfered or delayed by any circumstance that is out of reasonable control. Such circumstances include, for example, the impossibility to access to the Technical Service by the end user or the char technical staff by acts of force majeure as a general communications failure or power failure.

9. Contract termination

This contract begins and ends according to the dates specified without any commitment or obligation to be renewed by any party.

In this way, neither party is obliged to notify their expiration, considering this contract completely extinguished, for all purposes, at the agreed end date.

In case of new contract is needed on the same products and services, this request must be done explicit in the form of a new contract where char does not guarantee in any case the application of similar conditions to this contract, economic rights and obligations, understanding that, in any case, it is a completely independent new contract.

10. Contract suspension

Non-payment by the contractor of any of the invoices sent by char about this contract will result in an immediate suspension of this contract until the situation is resolved.

During the suspension period, char will not make any contracted services and it will not take any extension time period based on the time of suspension, being taken and considered explicitly by the contractor as compensation to char for breach of its obligations.

In case the contract period is finished in this situation, the contract will be considered as expired without any obligation by char to notify this situation to the contractor. This will not affect in any way the obligation by the contractor to pay the existing pending amounts at the end of the contract.

11. Confidentiality

char undertakes to maintain a strict confidentiality on all confidential information that contractor may have on his own and become known by char for the realization of the services contracted. char is also committed to taking all necessary measures to prevent disclosure of such confidential information to the public or persons not authorized by the contractor. char will act to protect the confidential contractor information, at least with the same reserve and caution it would take to protect their own confidential information and shall not use or provide to third parties confidential contractor information that may know.

12. Data protection policy

In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (General Data Protection Regulation), we inform you that you can consult our data protection policy at the following link: https://charpmslink.com/privacy-policy/ All personal data provided by any means, for the performance of this contract or those that are provided in the course of the contractual relationship, will be included in an automated customer file whose responsible is char desarrollo de sistemas, s.l.u., with address at Parque Empresarial Arboretum – Avda. de la Fama, 16-20, 3ª planta, Cornellá de Llobregat (08940), Barcelona, Spain, and will be treated with the utmost confidentiality and with the sole purpose of facilitating the development of this service contract.

13. Arbitration

In order to resolve any dispute arising out of this contract, the parties expressly submit to use the Arbitration Court of Barcelona, the Catalan Arbitration Association, who will be liable to appointed one or more arbitrators and will rule the arbitration, therefore forcing to fulfill with the arbitral decision. In the event that the arbitration where impossible, and should go to an ordinary court, the parties expressly waive their own jurisdiction and submit to the jurisdiction of the courts of the city of Barcelona.