1. Applicability
1.1 These terms and conditions shall apply to all Software support services provided under this agreement. Such services will be performed at the Site(s), at Pracctice’s premises or elsewhere as may be agreed in writing and will cover the Software packages as detailed below.
2. Under this agreement, Pracctice shall:
2.1 Provide a dedicated telephone call logging service and necessary facility to ensure an efficient method of recording and controlling requests for assistance. Details will also be accepted by other means, namely letter, fax or email.
2.1.1 To log calls over the telephone please call 03300 604 940
2.1.2 To log call via email please email us at support@pracctice.net
2.1.3 To log calls via our online portal please log on to https://pra-support.apiscrm.com. If you do not know your user name and password please contact us using one of the two methods described in 2.1.1 or 2.1.2
2.2 Provide fault investigation and rectification services for their own products.
2.3 Provide, where deemed necessary, any Software modules, fixes, patches or workarounds.
2.4 Provide the required properly trained personnel, Software tools and documentation to enable a high-quality service to be provided.
2.5 Provide support on a non-disruptive basis wherever possible.
2.6 Respond to a Customer request for assistance within 4 hours from the time logged.
2.7 From time to time and as necessary access a Customer’s database for the purposes of dealing with the Customer’s request for assistance.
2.8 Provide telephone and modem support. Pracctice reserve the right to charge for on-site support where required. The terms of which will be agreed in writing on a per incident basis.
2.9 Provide liaison with approved hardware engineers.
2.10 Maintain copies of the Software and the Customer’s data at more than one geographical location
3. Response
3.1 Response is defined as contact having been established between the Customer and a Support Consultant and a full review of the subject matter of the request for assistance having been carried out by the Support Consultant.
4. Withdrawal of third party products
4.1 Twelve months from the 1st day of the month following the addition of third party products , Pracctice may withdraw these third party products from this agreement upon 90 days written notice if, in Pracctice’s reasonable opinion, such products can no longer by properly maintained.
5. Hours of Service
5.1 Calls are received and processed through Pracctice’s dedicated call logging control centre between the hours of 08:30 and 18:30 Monday through Friday, with the exception of the English Public and Bank Holidays. Any extensions to these hours of service require to be agreed in writing.
6. Personnel
6.1 All personnel providing service under the agreement will remain solely under the conditions of employment and management of Pracctice.
6.2 The Customer shall take all reasonable precautions to ensure the health and safety of Pracctice employees or sub-contractors while on the Customer’s premises.
7. Customer Obligations
7.1 Any login names provided for Pracctice’s use will require the necessary security rights allowing access to all areas of the System where relevant data and Software reside.
7.2 The Customer should nominate individuals who will be the principal contacts within the firm and who can log calls. There must be a minimum of two nominated contacts to cover for sickness and holidays. Details of these contacts should be provided by the Customer and kept up to date. It is important that these individuals have the appropriate expertise to allow Support functions to be implemented successfully. To this end, the individuals should receive adequate training in the use of all relevant Software.
7.3 Adequate telephone apparatus must be provided, allowing nominated contacts to converse with a Support Consultant whilst attending any machine.
7.4 The Customer is responsible for ensuring that all media and manuals provided by Pracctice for the Software on Site are available.
7.5 The Customer should maintain proof of licence for the Software on Site.
7.6 The Customer shall undertake to use all reasonable endeavours to assist Pracctice in providing services under this agreement.
8. Exclusions
8.1 This schedule does not cover the provision of set up, installation or training on the use of any items of Hardware or third party Software.
8.2 If hardware or Software is modified without Pracctice’s agreement, then this could invalidate the Support service. This includes all modifications to the set up of PC workstations. The addition of screen savers, games etc can easily lead to workstation malfunctions and performance difficulties. Under these circumstances Pracctice reserves the right to charge for services required to deal with any problems brought about by this.
8.3 Repair of damage caused by a virus will be outside of the scope of this agreement and will be chargeable.
9. Software Upgrades Policy
9.1 As new versions of the Software are released these will be implemented and made available to the Customer and the Customer agrees to accept the upgrades which will be at no additional cost to the Customer.
9.2 Certain upgrades may contain additional, optional functionality or modules which are not included as standard functionality and Pracctice reserve the right to make charges for such items should the Customer wish to purchase these.
Pracctice Limited Acceptable Use Policy
IMPORTANT: you must comply with this Acceptable Use Policy (“Policy”) if you use our network or services.
REASON FOR THIS POLICY
While it is impossible to define exhaustively what constitutes “acceptable use” and “unacceptable use” or “abuse” of the internet, or of our network and services, this Policy gives examples of the types of use which we consider unacceptable. Note that the fact that an activity is not specifically stated in this Policy to be unlawful or unacceptable, or otherwise in breach of this Policy, does not automatically mean that such activity complies with the Policy.
Our relationship with other networks, and accordingly our ability to connect to the rest of the internet, depends to a significant extent upon proper behaviour by our Customers. We therefore cannot tolerate any behaviour by Customers which is detrimental to our equipment, network, or services, or indeed to our reputation. Nor do we permit any such behaviour which has a negative impact upon other users of the internet.
It is crucial that when activity which might constitute abuse occurs, we are entitled to take appropriate action; otherwise we would lose the confidence of the wider internet community, which in turn would significantly reduce our Customers’ freedom to use the internet.
DEFINITIONS
In this Policy:-
“intellectual property rights” includes (without limitation) trade secrets, database rights, know-how, patents, copyrights, registered design rights, unregistered design rights, and trade marks, all whether recorded in any manner or otherwise, and including all applications for any rights which are registrable;
“we/us/our” refers to Pracctice Limited, a company incorporated in England (registered number 2212735), and having its registered office at Suite 1, Falstaff House, Enigma Commercial Centre, Enigma Business Park, Sandy’s Road, Malvern, Worcestershire, WR14 1JJ.
“you/your” refers to you, the person or company using our network or services.
1. GENERAL
1.1 Our network and services may be used for lawful purposes only and in compliance with all relevant legislation in force from time to time. (You should be aware that the internet is a global communications network and what may be legal in the United Kingdom may be illegal elsewhere and render you liable to prosecution in another country).
1.2 You shall not use our network or services to send, receive or store any prohibited material. “Prohibited material” means material which:-
1.2.1 violates any applicable law or regulation of any country in the world; or
1.2.2 is defamatory, threatening, malicious, offensive, abusive, indecent, blasphemous, obscene, or otherwise objectionable in any way, or in breach of confidence, privacy, trade secrets, or of any third party rights (including intellectual property rights).
1.3 You should be aware that the storage, distribution or transmission of unlawful materials could lead to civil liability or criminal prosecution, in addition to any action we may take, which is set out in section 3 below and in our Terms and Conditions of Provision of Service.
1.4 Examples of prohibited materials include (without limitation):-
1.4.1 any material which constitutes, or encourages the commission of, a criminal offence;
1.4.2 hardcore and child pornography;
1.4.3 programs containing viruses or Trojan horses or any tools designed to compromise the security of other websites;
1.4.4 material protected by intellectual property rights, and other proprietary material, if such materials are used without proper authorisation.
1.5 You shall not post, upload or otherwise distribute material protected by intellectual property rights on our servers without the consent of the owner of the intellectual property rights.
1.6 Your traffic over the internet may cross other networks, or use other services which are not owned or operated by us. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.
2. VIOLATIONS OF SYSTEM OR NETWORK SECURITY
2.1 Any violation by you of systems or network security is prohibited, and may result in you incurring criminal or civil liability. We shall investigate incidents involving such violations and will inform and co-operate with the relevant law enforcement organisations if we are requested by them to do so.
2.2 Violations may include, but are not limited to the following:-
2.2.1 unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
2.2.2 unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;
2.2.3 interfering with any user, host or network, including mailbombing (see definition at clause 4.2), flooding, and deliberate attempts to overload a system, and broadcast attacks.
3. EMAIL USE
3.1 You shall not send e-mail to any person who does not wish to receive it. You must comply with any request that you stop sending e-mails to any person.
3.2 You shall not send, distribute or reply to mailbombs. “Mailbombing” is defined as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.
3.3 You shall not use false e-mail headers or alter the headers of e-mail messages to conceal their e-mail address or to prevent internet users from responding to messages. You shall not use any e-mail address that you have not been authorised to use.
3.4 Violations of the Policy can sometimes result in massive numbers of e-mail responses. We reserve the right to shut down your account and terminate your agreement with us in accordance with our Terms and Conditions of Provision of Service if this occurs and adversely affects our resources, to the extent that it prevents us from providing a proper level of service to our Customers.
4. WORLD WIDE WEB USAGE
4.1 “Web usage” includes the use of web hosting on our dedicated servers.
4.2 We cannot and do not proactively monitor content on any data maintained by you (as part of web-hosting services), and we cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable by any person.
4.3 You undertake sole responsibility for any data owned or operated by you, hosted on our servers. You shall accordingly ensure that all data hosted by us does not infringe any third party rights, including intellectual property rights, and shall bear sole responsibility for any dispute in this connection.
5. COMPLAINTS
5.1 We have in place a procedure for handling your complaints about material stored and/or accessed via our services, or about the behaviour of other users of our services. If you wish to make such a complaint, please ensure that you do so by e-mail to abuse@pracctice.net
6. INVESTIGATION
6.1 We reserve the right to investigate suspected violations of this Policy. When doing so we shall endeavour to act reasonably and fairly at all times.
6.2 An investigation may include gathering information from the user involved and the complaining party, if any, and examination of material on our servers.
6.3 During an investigation, we may (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) suspend the account involved, and/or remove the material involved from our servers. Such action may include temporary or permanent removal of material from our servers, warnings to the user responsible, and the suspension or termination of the account responsible, in accordance with the Terms and Conditions of Provision of Service. We will determine what action will be taken in response to a violation on a case-by-case basis.
7. ACTION WE MAY TAKE IF YOU BREACH THIS POLICY
7.1 If you are found to have breached this policy, we reserve the right (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) to take whatever measures we (acting reasonably) deem appropriate and proportionate to the breach, including (without limitation) giving you a formal warning, suspending or terminating your Agreement with us (as defined in the Terms and Conditions of Provision of Service), making an additional charge for our reasonable costs of investigating and dealing with the misuse, blocking access to any component of the service, and removing any access to our servers.
8. VARIATION OF POLICY
8.1 We may change this Policy to reflect any changes in the law or Internet community standards, or whenever we consider it necessary. Any such amendment shall be effective upon its posting onto our website at the following URL: www.OspreyApproach.com and it is your responsibility to ensure that you are fully aware of any such amendment.
Pracctice Limited Service Level Agreement
1 Network uptime guarantee
1.1 Pracctice Limited guarantees that the Software, will be available on at least a 99% basis, 9am – 5.30 pm Mon – Fri and a 90% basis 24 hours a day, seven days a week.
1.2 Unavailability shall be measured from the time at which the Customer validly informs Pracctice Limited of their connection(s) being unavailable.
1.3 Any unavailability caused by any of the following shall not be included as unavailability as detailed above:
1.3.1 Failure of Customer’s equipment, facilities or software.
1.3.2 Acts or omissions of the Customer or any person or user of the Services authorised by the Customer.
1.3.3 Hacking, spamming, viruses or other hostile computer programs that affects or could affect the Provision of Service.
1.3.4 Scheduled maintenance and back ups (we always notify you of this) with such being carried out outside the hours of 9am – 5.30pm Monday to Friday wherever practical.
1.3.5 Events or circumstances beyond the reasonable control of Pracctice Limited including any events of Force Majeure for any failure of any telecommunications network(s) external to Pracctice Limited.
