Schedule A – Maintenance and Support Policies and Procedures
Uniguest will provide Maintenance Services (which include 24x7x365 remote technical support upon Customer request and ongoing monitoring, maintenance and management of the Products and Services) in accordance with the terms of the Agreement and specifically this Schedule A, subject to Customer’s satisfaction of its obligations below.
Uniguest will maintain uptime of each System – protect each System against malicious code (where applicable) and fix and/or replace hardware in accordance with the following maintenance and support policies and procedures. Uniguest will always use reasonable endeavors to make the service available to Customer and its users, but Uniguest cannot and does not guarantee an uninterrupted or fault free service.
Uniguest’s ability to provide the Systems or Maintenance Services may be impaired by conditions or circumstances that are beyond Uniguest’s control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, Software and Hardware features or functionality of Customer’s System, operating system and the number of other users logging onto Uniguest’s service, server and/or network at the same time. Uniguest will take reasonable actions to minimize the disruption caused by such circumstances, but Customer acknowledges, agrees, and accepts that some such interruptions may not be avoidable and outside of Uniguest control.
The delivery of some Services (e.g., remote monitoring and Maintenance Services) by Uniguest relies on the Internet, which is not controlled by Uniguest. Internet outages may result in Services being temporarily unavailable. Uniguest take reasonable action to minimize the disruption caused by such circumstances, but some such interruptions may not be avoidable.
Customer and Uniguest will work together to resolve problems and utilize the most cost-effective solution to resolving issues that arise out of the scope of these policies and procedures. Both parties understand that electronic hardware can be delicate pieces of equipment, especially in a public environment, and newly discovered issues can happen at any time. If something is not covered in this Schedule, both parties will work together to determine the most timely and cost-effective method to resolve it.
Support Services Detail
- For each service call, Customer or a user shall notify Uniguest via a Uniguest-provided toll-free number, support chat service or email of any malfunction or loss of System service.
- Uniguest shall have technicians available 24/7/365 by phone, email and/or online chat application. In the event of high call volume, Uniguest guarantees a 24-hour maximum response time.
- At the time of service call, Customer agrees that it shall have a designated staff member who will be onsite at the location of the System to remotely troubleshoot the System with the Uniguest technician over the phone and provide limited and reasonable non-technical assistance, such as checking to see if cables have been disconnected, installing toner cartridges and paper, implementing basic workarounds, reading indicator lights, rebooting the hardware and opening tickets with any of Customer’s 3rd party vendors as required.
- In the event that Customer’s ISP service is determined by Uniguest to have been the cause of any service issue, Uniguest will assist Customer, via telephone or other means, at Uniguest’s discretion, in working with such ISP to resolve the problem, provided Uniguest may charge Customer a fee in the amount of $75 for such assistance.
- Should remote troubleshooting not be sufficient to fix the problem, Uniguest may deem it necessary to have the equipment returned to Uniguest for further diagnosis and repair as defined in the “Hardware Repair Program” below.
- Uniguest will provide service and support of the Uniguest core software, interfaces and proprietary Uniguest systems or solutions. Uniguest will provide basic support or may operate as an intermediary on behalf of customer for issues not related to Uniguest solutions, such as Internet Services.
- Uniguest will use commercially reasonable efforts to investigate problems reported to it. Subject to the exceptions set forth in section 9 below, if Uniguest determines that the problem is the result of a reproducible error, defect, or malfunction in the Uniguest Software, Uniguest will make reasonable efforts to correct the problem. A Uniguest representative will provide the applicable end user with a correction, a report/determination that further research is required, or confirmation that the system works per design specifications.
- If a reproducible error is not correctable, then a correction for the error will be incorporated in the next release or update of the Uniguest Software, if practical.
- The following services are not covered as part of the Maintenance Services:
- Maintenance of facilities external to the Uniguest Software, Systems or Services; hardware support; questions regarding hardware installation, support or maintenance, telecommunications systems.
- Repair or damage resulting from malfunction of electrical power or heating, ventilation and air conditioning; water damage; fire damage; theft; integration of the Uniguest Software with non-compatible systems or software; misuse or improper use of the Uniguest Software (including without limitation any use not specifically authorized in the agreement or any related documentation); vandalism; civil commotion or war; or any combination thereof.
- Support for altered or modified Uniguest Software, other than that altered or modified by Uniguest and/or authorized agents of Uniguest; support for versions of the Uniguest Software that have been superseded by a new release (provided that Uniguest will continue to support superseded versions for a reasonable period, not to exceed 45 days).
- Supervision of repairs on associated equipment.
- Services including programming, graphic design, media encoding, training, etc.
- Uniguest reserves the right to charge for unusual or excessive telephone, shipping, handling, media or user manual expenses in connection with the support to be provided hereunder. In all cases, Uniguest will notify Customer of these costs in advance.
Hardware Repair Program
In those instances where Uniguest determines the System’s equipment (or a component thereof) cannot be repaired remotely, the Parties agree to the following:
- Customer will ship the defective System or component thereof (the “Defective Equipment”), at Customer’s expense, to Uniguest for further evaluation and/or diagnostics.
- Customer will be responsible for any loss or damage during shipping to the extent not covered by shipping insurance.
- If damage is caused by the shipping company mishandling the Defective Equipment, then Uniguest will work with the shipper to handle a damage claim.
- If the returned equipment is damaged due to improper packing, then the Customer will be notified, and it will be Customer’s responsibility to pay for repairs due to such damage.
- Uniguest does not provide any warranty on Third Party Materials but will facilitate warranty claims on behalf of Customer under warranties provided by the applicable Third Party Provider of such Third-Party Materials. Uniguest will also assist Customer in the determination as to whether the Defective Equipment is or is not covered by warranty.
- If the assessment determines the issue was due to destruction or vandalism, then the repair cannot take place under warranty and any repairs or replacement will be at the Customer’s expense. In such case, payment for repairs or replacement, as applicable, will be billed prior to the repair or replacement of the Defective Equipment.
- Uniguest will provide Customer with a quote to repair, if practical, or a recommendation to replace the Defective Equipment. It will be the Customer’s responsibility to select and approve the desired path as between repair or replacement.
- If the Defective Equipment to be repaired or replaced is not under warranty, Customer will be responsible for expenses associated with the repair or replacement.
- Non-warranty repairs will incur repair charges as follows:
- Labor up to $125 per hour Parts at Uniguest’s actual cost plus 30%. Only manufacturer parts will be used.
- ii. If repairs require the Defective Equipment be shipped to manufacturer for depot service, then additional costs may apply and vary (includes time and material).
- If repair or replacement is not approved:
- The unit will not be repaired or replaced, and Uniguest and Customer may discuss any alternatives
- Uniguest will return unrepaired Defective Equipment upon Customer’s request, at Customer’s expense.
- Otherwise, the Defective Equipment will be recycled after 30 days, and Customer will not receive a credit for the value of any such Defective Equipment.
- Customer acknowledges that repair times will be partially determined by parts availability from manufacturer.
- Shipping terms – ground each way (which may include up to 4 shipments in the event a temporary replacement machine is provided) within all 50 states, will be at Customer’s expense.
- Should the equipment to be repaired or replaced be under warranty, warranty work will be based on the defined manufacturer’s or provider’s warranty associated with the Third-Party Material.
- Temporary Replacement Hardware. Customer may at its option, and subject to Uniguest having available inventory, request that a temporary replacement machine be provided while Customer’s Defective Equipment is being repaired. The cost of such a temporary replacement machine is $50 plus shipping (both ways) for up to two weeks, and $10 for each additional week (inclusive of shipping time). Customer will be responsible for any damage to such machine while in transit to and from Customer and while in its possession. Customer will return such temporary replacement machine in the same condition as provided, normal wear and tear excepted. Uniguest reserves the right to determine the specifications of any temporary replacement machine, including whether such machine is new or used. In the event the temporary computer is not returned to Uniguest within 90 days, Customer may be billed the full System replacement cost.
Regional Limitations on Support (Applicable to All Products)
Due to variations in equipment manufacturer support and product availability and warranty terms worldwide, Customer is advised of the possibility of varying levels of warranty services in certain remote regions of the world where access to property and hardware may fall outside of the prescribed break fix service levels provided by the hardware manufacturers. As a result of these factors, which are outside the control of Uniguest, the policies and procedures above may vary from country to country or region to region. Uniguest will make commercially reasonable efforts to inform the Customer of any warranty variations from the foregoing terms that may be applicable to it and facilitate manufacturer break fix efforts on behalf of the Customer. Customer understands that Uniguest is acting in good faith, but support response is a function of the applicable manufacturer and its local subsidiaries and affiliates.
Availability of Proprietary Products and Services
Proprietary Products and Services will have a monthly availability of at least 99.80%, exclusive of scheduled downtime, Internet outages, problems with Customer equipment or software, Third Party Materials, or other reasons outside the reasonable control of Uniguest.