TERMS & CONDITIONS OF SOFTWARE MAINTENANCE CONTRACT

Revised 7th May 2024

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1. Software support coverage is offered for periods of not less than one year.

2. Once accepted by way of written acceptance from the customer or payment of an invoiced annual software support charge or portion thereof or use of the support service, the contract between Monkey Software and its customer cannot be cancelled for refund.

3. The support agreement is between Monkey Software and the invoiced customer and Monkey Software reserves the rights regarding transfer of the agreement in the event of a change of ownership of the customer business.

4. Software support covers you for queries relating to your Practice Management System only. Only supported users also have access to software upgrades. Unsupported users pay $100 plus $50 per 15-minute call block for support calls and do not receive software upgrades. Unsupported users can access the help desk between 8:30am and 5:00pm Monday to Friday (Melbourne Time).

5. Annual software maintenance fees are: $900 for Comprehensive Edition, $600 for Dispensing Edition, $550 for Consulting + Contact Lens Edition, $500 for Consulting Edition and $1,000 for Enterprise Edition Head Office + $500 per remote location. Discounts are offered for contracts of a term longer than 12 months.

6. If a support invoice remains unpaid 30 days after the due date the client’s support contract will be cancelled.

7. If a support contract is cancelled and that client wishes to reinstate support, a re-instatement fee of $50 for each software update missed since cancelling support plus the current yearly support fee will apply.

8. On site help is not included in support coverage nor is assistance with hardware or software not supplied by Monkey Software.

9. Each customer taking on support coverage undertakes to ensure that each person using the system and likely to call for support is well trained in the use of the software and accepts that Monkey Software reserves the right to charge for calls resulting from lack of knowledge of the system.

10. Monkey Software reserves the right to charge a higher support fee and charge for individual calls over and above the support fee to any caller who fails to demonstrate a basic understanding of how the software works.

11. Monkey Software reserves the right to withhold or even cancel support coverage in the event that any invoice from the company to the customer remains unpaid for 60 days; in the event that the software is being run on hardware or operating systems that do not meet Monkey Software standards; or, where the software is being abused to the detriment of the good name of Monkey Software.

12. Customers are required to install updates during regular office hours. Monkey Software reserves the right to discontinue support for older versions of the software.

13. Monkey Software clients requiring software support must call our support line on 1300 650 295.

14. When logging a support call you will leave your name, telephone number and call priority number. Call priority one (1) means you require a call back within one hour (this is reserved for systems that are down and cannot be used). Call priority two (2) – call back within 4 hours, call priority three (3) – call back today and call priority four (4) – call back tomorrow.

15. Businesses running the Optomate application at five (5) or more locations are offered Level 3 Help Desk support. Customer will provide a single point of contact for all stores and perform initial triage of incidents. Unresolved support issues will then be transferred to the Monkey Software Help Desk.

16. Any dispute arising out of the support relationship between Monkey Software and the customer is subject to the laws of the state of Victoria in the Commonwealth of Australia. Consent to the jurisdiction of a Victorian Court.

17. In the event of Monkey Software Pty Ltd being acquired, merged or taken over by another entity, it shall ensure that the Terms and Conditions of this Agreement remain binding subsequent to the takeover, for the period of the software maintenance coverage.

18. Customers who are not covered by a Software Maintenance Agreement do not have access to Monkey Software Cloud Services.  This will include functions found on our website here.

19. All pricing quoted is exclusive of tax and in Australian dollars.