Page 7 - ADTM v 3.12_Neat

2nd Level Support

“2nd Level Support”, shall comprise maintenance and services relating to

a) Determining, diagnosing and exercising reasonable commercial endeavors to resolve
problems at Client’s office
b) Re installations of Vendor software, Vendor software patch installation and updates
to rectify and resolve the issue.
c) Client will be responsible to ensure that required facilities (Eg Required H/W,
Internet, office availability, Personnel availability, Information/Document etc.) are
available at the Client office to carry out the required tasks by Vendor IT staff.

6.4 Specific areas explicitly not covered within the scope of maintenance

Explicitly excluded only for hardware issues.

a) Repairing damage caused by malicious use of a PC/Server
b) Repairing damage caused by accident of any sort to PC/Servers
c) Installing additional software to PC’s or Servers excluding software required by
Vendor
d) Installing additional hardware to PC’s or Servers
e) Reinstalling current of operating systems or related software to PC’s or Servers
f) Moving or Relocating Equipment
g) Installing new PC’s or Servers
h) Installing new network elements (hubs, switches, cabling etc.)
i) Installing new printers or other external devices
j) Costs of purchasing hardware. (To be met solely by the Client).
k) Updating of other software (except when agreed with Vendor and )
l) Maintenance of software (except agreed software with Vendor and )
m) Any licenses for software that may be required.

7. Non-solicitation of staff

The Client shall not, directly or indirectly canvas with a view to offering or providing
employment to, offer to contract with, or entice to leave any employee of or contractor to the
Vendor engaged in the performance of any part of this Agreement without the prior written
consent of the Vendor. (In the event of any agreement by the Vendor a fee shall be charged by
the said Vendor)

8. Force Majeure

The Vendor shall not be liable to the Client for any loss or damage which may be suffered by
the Client as a direct or indirect result of the duties and/or obligations of the Vendor in the
Agreement being prevented, hindered, delayed or rendered uneconomic by reason of any Force
Majeure Circumstances. In these Conditions "Force Majeure Circumstances" shall mean any act
of God, war, riot, strike, lock-out, industrial action, accident, breakdown of plant or
machinery, fire, flood, drought, storm, difficulty or increased expense in obtaining materials or
transport or other circumstances beyond the reasonable control of the Vendor.

9. Non-Disclosure of Confidential Information

“Confidential Information” means any information, technical data or know-how, including, but
not limited to, that which relates to research, products, services, customers, markets,
software, developments, inventions, processes, designs, drawings, engineering, marketing or
finances, disclosed orally or in written or electronic form, and which is marked or identified by
the disclosing party as “Proprietary” or “Confidential”. Confidential information does not
include information, technical data or know-how which (i) is in the possession of the receiving

© Datama tion Systems (Pvt) Ltd. – 2019(Version 3.12) Page 6 of 11