Support Services Policy

1. Interpretation

This Support Services Policy forms part of the SaaS Services Agreement between Benchmark Global Pty Ltd or Benchmark Estimating Limited (trading as Benchmark Estimating Software) and the Client referred to therein (“SaaS Services Agreement”). Terms used in this Support Services Policy shall have the meanings given to them in the SaaS Services Agreement, unless otherwise defined in this Support Services Policy.

1.1 Definitions:

External Cause: any of the following causes:

(a) any improper use, misuse or unauthorised alteration of the Software, Platform or SaaS Services;

(b) any use of the Software, Platform or SaaS Services in a manner inconsistent with then-current Documentation;

(c) any fault or failure caused by any failure of any software, hardware or services not provided by Benchmark Estimating Software;

(d) any failure or incompatibility of any Third Party Tools;

(e) any fault or failure caused by third-party software, hardware or services; or

(f) any fault or failure caused by any network or internet service provider failure or downtime.

Fault: any failure of the Software, Platform or SaaS Services to operate in all material respects in accordance with the Specifications and Documentation.

Help Desk Support: any technical support with respect to the Software, Platform or SaaS Services provided by help desk technicians sufficiently qualified and experienced to identify and resolve basic and intermediate (but not complex) issues relating to the Software, Platform or SaaS Services.

Out-of-scope Services:

(a) any custom reporting services;

(b) any software development services;

(c) training;

(d) services provided by Benchmark Estimating Software in connection with any apparent problem regarding the Software, Platform or SaaS Services reasonably determined by Benchmark Estimating Software:

(i) not to have been caused by a Fault, or

(ii) to have been caused by an External Cause or such other cause outside Benchmark Estimating Software’s control (including any investigational work resulting in such a determination).

Support Hours: 08:30 – 17:00 Australian Eastern Standard Time, 22:30 – 07:00 Greenwich Mean Time.

Support Period: the term of the SaaS Services Agreement.

Support Request: any request made by the Client for Support Services to be provided to it or any Authorised User in relation to the SaaS Services.

Support Services: the services described in section 2.2 (being Help Desk Support for the SaaS Services and correction of Faults) made available by Benchmark Estimating Software, excluding any Out-of-scope Services.

2. Support Services

2.1 During the Support Period Benchmark Estimating Software shall use all reasonable endeavours to perform the Support Services during the Support Hours in accordance with the Service Levels set out in the SaaS Services Agreement. The Client acknowledges that during the period between 24 December and 12 January each year, Benchmark Estimating Software will not be fully staffed and will operate only via skeleton staff.

2.2 As part of the Support Services, Benchmark Estimating Software shall:

(a) provide Help Desk Support by means of telephone numbers that can be found online at our Contact Us page, e-mail address, and through the Support ticket system within the Platform; and

(b) use all reasonable endeavours to correct all Faults notified via the Help Desk (at the contact details indicated under paragraph (a) above) in accordance with the Service Levels set out in the SaaS Services Agreement.

2.3 Benchmark Estimating Software may reasonably determine that any services are Out-of-scope Services. If Benchmark Estimating Software makes any such determination, it shall promptly notify the Client of that determination.

2.4 The Client acknowledges that Benchmark Estimating Software is not obliged to provide Out-of-scope Services.

3. Fees

3.1 The provision of Support Services to the Client on a remote, off-site basis (such as over the telephone or by e-mail) within the Support Period shall be included in the Services Fee.

3.2 The provision of Support Services outside the Support Period or on-site at any premises other than Benchmark Estimating Software’s premises or the provision of Out-of-scope Services, if and where Benchmark Estimating Software agrees to perform such services, shall be charged for at the Ad Hoc Rates.

4. Submitting Support Requests and Access

4.1 The Client may only request Support Services by way of a Support Request.

4.2 Each Support Request shall include a description of the problem and the start time of the incident.

4.3 The Client shall provide Benchmark Estimating Software with:

(a) prompt notice of any Faults; and

(b) such output and other data, documents, information, assistance and remote access to the Client’s and any relevant Authorised Users’ systems, as are reasonably necessary to assist Benchmark Estimating Software to reproduce operating conditions similar to those present when an Authorised User detected the relevant Fault and to respond to the relevant Support Request.

4.4 All Support Services shall be provided from Benchmark Estimating Software’s office unless otherwise agreed in writing by Benchmark Estimating Software.

4.5 The Client acknowledges that to properly assess and resolve Support Requests, it may be necessary to permit Benchmark Estimating Software direct access to the Client premises and/or any Client and/or Authorised User premises or systems and the Client’s and/or Authorised Users’ files, data, equipment and personnel.

5. Communications

In addition to the mechanisms for giving notice specified the SaaS Services Agreement, the parties may communicate in respect of any matter referred to in this Support Services Policy by e-mail.