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myPOS Zero Support and Maintenance Service Schedule

Agreement In Brief

IMPORTANT INFORMATION ABOUT NEGOTIATING AN AGREEMENT WITH US:

Please note that we are happy to consider any reasonable amendments to this Service Schedule and any other document comprising part of an Agreement prior to you entering into an Agreement. If you wish to propose any such amendments, please contact us.

  1. About this Service Schedule

    • This Support and Maintenance Service Schedule (this Service Schedule) applies where we agree to supply you with myPOS Zero Software and/or myPOS Zero Hardware. We will provide Support and Maintenance Services with respect to all myPOS Zero Software and myPOS Zero Hardware that we supply to you subject to, and in accordance with, this Service Schedule.
    • We do not provide, and this Service Schedule does not include, support and maintenance services in respect of the myPOS Zero Payments Solution. You should contact the Payment Processor directly for support and maintenance services in respect of the myPOS Zero Payments Solution.
    • This Service Schedule must be read in conjunction with the Quotation, our Terms of Service and any other documents that comprise the Agreement.
    • In this Service Schedule, any reference to a clause is to a clause of this Service Schedule unless otherwise specified.

 

  1. Types of Support and Maintenance Services

    • During the Term of an Agreement for your subscription to any myPOS Zero Software, you are entitled to Support and Maintenance Services for the myPOS Zero Software and myPOS Zero Hardware specified in the Accepted Quotation.
    • You must pay travel charges at our then current rates for any travel costs that we incur in supplying the Support and Maintenance Services.
    • We do not offer Support and Maintenance Services in respect of Other Hardware.

 

  1. How to contact us for Support and Maintenance

    • Only Your Personnel who have obtained training from us with respect to myPOS Zero Software may make any Support Request.
    • Those Personnel may issue a Support Request to us by telephone, e-mail or by logging a ticket using our online service desk tool, as follows:
      • Telephone: [insert]
      • Email: [insert]
      • Online Service Desk Tool: [insert].

 

  1. Software Defects

    • Our Support and Maintenance Services helpdesk operates from 7am-10pm AEST/AEDT 7 days a week.
    • If you discover a Software Defect in any myPOS Zero Software:
      • you must promptly notify us of the Software Defect, and where such notification is made by telephone, you must provide us with written confirmation (which may be sent by e-mail) of the Software Defect;
      • we will acknowledge receipt of the notification, determine, in consultation with you, how seriously the Software Defect affects your business operations and use our reasonable endeavours to resolve the Software Defect in accordance with the following timeframes:

Priority

Definition

Service Level target response and resolution

1

Business Critical Failures:

 

An error in, or failure of, myPOS Zero Software for which no work-around exists that:

(a) materially impacts the operations of your business; or

(b) disables major functions of myPOS Zero Software from being performed.

Level 1 Response:

We will acknowledge receipt of the Support Request within five (5) minutes.

 

Level 2 Response:

We will use reasonable endeavours to restore the myPOS Zero Software to a state that allows you to continue to use all functions of the myPOS Zero Software in all material respects within One (1) Business Day after the Level 1 response time has elapsed.

 

Level 3 Response:

We will use reasonable endeavours to fix the myPOS Zero Software in all material respects within Three (3) Business Days after the Level 2 response time has elapsed.

2

Minor Error:

 

An isolated or minor error in myPOS Zero Software that:

(a) does not significantly affect myPOS Zero Software functionality;

(b) may disable only certain non-essential functions; or

(c) does not materially impact your business performance.

Level 1 Response:

We will acknowledge receipt of the Support Request within two (2) Business Days.

 

Level 2 Response:

We will use reasonable endeavours to correct the error within Five (5)  Business Days after the Level 1 response time has elapsed or in the next New Version, as determined by us.

 

  • You must not permit any of Your Personnel or any third party to provide technical support with respect to myPOS Zero Software.

 

  1. Hardware Defects

    • If during the Term, you notify us that myPOS Zero Hardware is malfunctioning or has failed, we will use all reasonable endeavours to perform Corrective Maintenance on the myPOS Zero Hardware remotely or at the relevant Site, as determined by us.
    • Where we determine that we cannot repair myPOS Zero Hardware either at the Site or off-Site, we will, subject to the relevant myPOS Zero Hardware being within any agreed warranty period:
      • where title to the myPOS Zero Hardware has passed to you and the myPOS Zero Hardware was delivered by us to the Site no more than 12 months before you notified us that the myPOS Zero Hardware is malfunctioning or has failed, escalate the repair to the manufacturer if it is under a Manufacturer’s Warranty;
      • where title to the myPOS Zero Hardware remains with us and has not passed to you, replace the myPOS Zero Hardware with myPOS Zero Hardware in Good Working Order with equivalent functionality.
    • We have no obligation to perform any Excluded Maintenance with respect to myPOS Zero Hardware.
    • Where we are performing or have performed Support and Maintenance Services on any myPOS Zero Hardware in circumstances where it is established that the myPOS Zero Hardware was not in Good Working Order due to any of the Excluded Causes, we may charge, and you must pay, an additional fee to us calculated at our then standard rates in respect of that work.

 

  1. Other Services

    • Support and Maintenance Services do not include software development, training or other professional services. Please contact us to arrange any services not covered under this Service Schedule.

  1. Definitions and Interpretation

    • In this Service Schedule, words starting with a capital letter in this Service Schedule that are not otherwise defined in this Service Schedule have the meanings given to them in the Terms of Service. In addition, the following words have the following meanings:

Corrective Maintenance means the making of any adjustments to the myPOS Zero Hardware and replacing parts or components of the myPOS Zero Hardware, in each case, as required to restore the myPOS Zero Hardware to Good Working Order.

Excluded Cause means:

  • a defect in the manufacturer’s design of the myPOS Zero Hardware;
  • use of the myPOS Zero Hardware with equipment or materials not supplied or approved in writing by us;
  • any maintenance, alteration, modification or adjustment performed by persons other than us or our employees or agents (unless otherwise approved in writing by us);
  • you or a third party moving the myPOS Zero Hardware;
  • the use of the myPOS Zero Hardware in breach of any of the provisions of the Agreement;
  • a failure, interruption or surge in the electrical power or its related infrastructure connected to the myPOS Zero Hardware;
  • a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the myPOS Zero Hardware, or an error or omission in the correct use of that air conditioning or other environmental controls by you or any other person; or
  • the intentional or accidental neglect, misuse or damage of the myPOS Zero Hardware.

Excluded Maintenance means any maintenance services required to restore any malfunctioning or failed myPOS Zero Hardware to Good Working Order where the malfunction or failure results from or is caused by any Excluded Cause.

Good Working Order means the myPOS Zero Hardware operates in accordance with the applicable Operating Manuals with all known vulnerabilities and errors.

Hardware Defect means a material defect in any myPOS Zero Hardware.

Manufacturer’s Warranty means any warranties provided by any third party manufacturer of any myPOS Zero Hardware.

myPOS Zero Hardware has the meaning given to it in the POS Solution Service Schedule.

myPOS Zero Software has the meaning given to it in the POS Solution Service Schedule.

New Version means a new version of the myPOS Zero Software that is marketed or described by us as a new version.

Operating Manual means all operating manuals and specifications relating to the myPOS Zero Hardware that we provide to you or notify you of.

Other Hardware has the meaning given to it in the POS Solution Service Schedule.

Site(s) has the meaning given to it in the POS Solution Service Schedule.

Software Defect means a material defect in any myPOS Zero Software that causes the myPOS Zero Software not to perform materially in accordance with the Specifications for the myPOS Zero Software.

Support and Maintenance Services means the support and maintenance of the myPOS Zero Software and/or the myPOS Zero Hardware as specified in this Service Schedule.

Support Request means a request for Support and Maintenance Services made under clause 3.2.

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