Transcript
Service Schedule for BT Mobile Workforce Solutions (previously known as BT Field Force Automation Portfolio) 1.
SERVICE DESCRIPTION
General Description 1.1
The Service is a modular suite of professional services, that enable the Customer to schedule and manage resource and mobilise business applications at the point of service and may include: (a) (b) (c) (d)
1.2
The supply of BT Devices and Accessories Extended Guarantees, Software and Service support
BT may use its discretion to refuse to provide any part of the Service to the Customer.
Devices 1.3
Where this Contract is for the provision of BT Devices and Accessories and does not include any services such as but not limited to Mobile on Demand and/or BT Managed Devices, Wireless Delivered, Extended Guarantees or Software, BT’s standard Conditions of Sale will apply, which can be found at www.bt.com/terms (or any other address that BT advises to you).
1.4
Where this Contract is for the provision of BT Devices and Accessories and includes Extended Guarantees, Software, Mobile on Demand, BT Managed Devices and/or Wireless Delivered, BT’s Conditions of Sale will not apply to the provision of those BT Devices and Accessories and the provisions of this Contract will apply.
1.5
Where paragraph 1.4 applies: (a)
risk in the BT Devices and Accessories passes and acceptance takes place at the time of delivery;
(b)
title in the BT Devices and Accessories passes to the Customer on payment of the charges as detailed in the Order Form;
(c)
until title passes the Customer undertakes not to sell, charge, assign, transfer or dispose of or part with possession or encumber in any way;
(d)
BT does not guarantee the continuing availability of any BT Device or Accessory. BT reserves the right to add to, substitute or to discontinue the BT Devices or Accessories.
1.6
Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond BT’s control.
1.7
The Service is not available in all parts of the United Kingdom or in all other countries and may be restricted to certain areas within those countries where Service is available.
Extended Guarantee 1.8
Where the Service includes an Extended Guarantee as set out in the Order Form or Charges Schedule (where one is provided) the following conditions apply: (a)
The Extended Guarantee applies to BT Devices and Accessories only; and
(b)
the Customer accepts the Extended Guarantee is:
Issue 2: Dated 1April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 1 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) (i) (ii) (iii)
as provided by the Equipment Manufacturer, full details of which are set out in the Order Form or Charges Schedule (where one is provided); and the Equipment Manufacturer may change the terms of the Extended Guarantee from time to time; and where advised by BT the Customer must deal directly with the Equipment Manufacturer.
Mobile on Demand Software 1.9
Where the Service includes BT Mobile on Demand Software, the following additional definitions and conditions apply: “Customer Business System” means the Customer’s suite of computer programs or computer applications supporting its business processes, such as order processing, task management or job management system. “Data Centre” means the BT Data Centre which may or may not be owned and operated by BT. “GPRS” means General Packet Radio Service for the transmission of data. “SIM” means the Subscriber Identity Module card provided under the Customer’s Mobile Service “Task Data” means data including instructions, updates and job status. “User Security Details” means any IDs, user names, personal identification numbers and passwords. “Workflow Manager” means the option described in paragraph 1.11.
1.10 BT Mobile on Demand is a hosted managed service which enables the Customer to: (a)
link its existing Customer Business System(s) to Devices; and
(b)
communicate job instructions to the Customer’s mobile workforce using real time communication over GPRS or Wi-Fi to a Device; and
(c)
host data in a Data Centre, with connectivity via GPRS or the internet via the Customer’s Mobile Service or the Customer’s Broadband Service (as applicable).
1.11 BT Mobile on Demand provides the Customer with the following facilities: (a)
Store and forward – the storing of messages and Task Data on the Devices and the ability to forward these to Customer’s Business System or Data Centre (if applicable);
(b)
Communication – allows messages, and Task Data to be passed between the Customer’s mobile workforce from their Devices to the Customer’s Business System or Data Centre (if applicable);
(c)
Workflow Manager – allows for the transmission of Task Data from Devices to the Data Centre to assist in the organisation and prioritisation of the Customer’s mobile workforce
Additional Facilities 1.12 Archiving is available to the Customer at an additional charge as set out on the Order Form or Charges Schedule (where one is provided), further details of which will be provided on the Order Form or Charges Schedule (where one is provided). 1.13 Full details of the BT Mobile on Demand service to be provided will be set out on the Order Form or the Charges Schedule (where one is provided).
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 2 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) 1.14 To access the BT Mobile on Demand service the Customer must have: (a)
a mobile service or broadband service; and
(b)
BT Devices and/or Devices with: (i) the minimum technical specifications (as provided by BT from time to time) to be able to access the Service; and (ii) a SIM Card which must be configured with the applicable access point, as notified by BT.
1.15 BT will agree with the Customer: (a)
the nature and scope of the BT Mobile on Demand service to be provided with the Customer’s nominated contact about their requirements;
(b)
the reports to be issued to the Customer and their frequency;
(c)
the frequency and scope of any Service reviews;
(d)
the provision of any additional training and the charge for this training;
(e)
the format of the Task Data to be transmitted between the Devices and the existing Customer Business; Systems;
(f)
the scope of integration with BT Mobile on Demand service and the existing Customer Business Systems which will be set out on the Order Form or Charges Schedule (where one is provided), or any other documentation provided by BT to the Customer.
1.16 BT will: (a)
provide the Customer with a minimum of 2 sets of User Security Details to access the Workflow Manager web page from any suitable Customer PC with an appropriate internet connection. Minimum technical requirements for PCs will be as notified by BT from time to time;
(b)
where agreed load the BT Mobile on Demand software on the Devices and configure it in accordance with the information agreed between BT and the Customer under paragraph 1.15 (a) above
(c)
detail the total number of Users on the Order Form or Charges Schedule (where one is provided); and
(d)
provide an awareness training session for the Customer’s nominated trainers and agreed Users. Any additional requirement for training may be subject to additional charges as set out in the Order Form or Charges Schedule (where one is provided).
1.17 The Customer is responsible for: (a)
providing BT with its configuration requirements for BT Mobile on Demand service;
(b)
providing BT with access to the Customer’s Business System where automation and integration is required;
(c)
providing and maintaining accurate and up to date detailed information on Users and hierarchy to enable data build to be completed by BT;
(d)
uploading up to date information on its Users onto the BT Mobile on Demand webpage;
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 3 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) (e)
providing its process documentation for those of its Customer Business Systems which are being automated and integrated;
(f)
ensuring that their Customer Business Systems are protected by adequate virus protection and firewalls.
Cancellation of Devices and Mobile on Demand 1.18 Where the Customer (a) (b)
orders a number of Devices and/or requires a number of Users to be provided with BT Mobile on Demand
over an agreed period of time and then cancels the order or any part of the order before the order has been fulfilled, the Customer will pay BT the Cancellation Charges as set out in the Order Form or Charges Schedule (where one is provided) . BT Managed Devices 1.19 Where the Service includes BT Managed Devices the following definitions and conditions apply: “Asset Database“ means an Inventory of Devices and Accessories as agreed by BT and the Customer to be covered under the BT Managed Devices service . “Buffer Stock” means the Devices and Equipment belonging to the Customer not yet allocated to Users or which is no longer allocated to a User, held by BT on the Customer’s behalf. “Gold Build” means the agreed Software and/or Customer provided software or applications loaded and replicated by BT onto the Devices as agreed between BT and the Customer and as detailed on the Order Form or Charges Schedule (where one is provided). “Peripheral Equipment” means equipment other than Devices and Accessories such as printers and scanners purchased by the Customer separate from this Contract which have not been provided under this Contract but which are available from BT’s portfolio and which BT have agreed will be supported under paragraphs 1.22 to 1.28. 1.20 BT Managed Devices provides the Customer with a maintenance and support facility for Devices, and Accessories, a list of which has been provided to BT by the Customer and agreed and accepted by BT, and; (a)
applies to Devices within the original Guarantee Period or with an Extended Guarantee; (Devices which are outside of their Guarantee or Extended Guarantee Period may be included in the BT Managed Devices, if BT agrees, at an additional charge as set out on the Order Form or Charges Schedule (where one is provided)); and
(b)
is provided for the Minimum Period as set out in the Order Form or Charges Schedule (where one is provided).
1.21 BT Managed Devices provides the following facilities agreed by BT and the Customer: (a)
Service Centre
(b)
Fault repair
(c)
Stock Management
(d)
Monthly reports and Service Review
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 4 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) Service Centre 1.22 The Service Centre is provided by BT as a contact point for assistance with Devices and Accessories included in the Asset Database as follows: (a)
Reporting faults and faulty Devices as set out in paragraphs 1.23 to 1.26 below and lost or stolen Devices;
(b)
Stock Management, where agreed with BT and the Customer, as set out in paragraph 1.27 (c) below
(c)
A hot swap facility, where agreed with BT, as part of the Stock Management service set out in paragraph 1.27 (c) below. This enables the Customer to obtain a replacement from the Customer’s own Buffer Stock for any Device where a remote repair cannot be achieved or which has been lost or stolen. BT will configure the Device with the information it holds on the Asset Database for the User. The faulty Device will be repaired where possible and placed in the Buffer Stock for re-use. Stolen or lost Devices will be replaced from the Buffer Stock.
(d)
The Service Centre will not deal with any Device or Accessory not included in the Asset Database.
Fault Repair 1.23 The fault repair service is provided by BT during Working Hours but excludes Devices which are covered under the hot swap facility set out in paragraph 1.22(c). The fault repair service operates as follows: (a)
Faults must be reported to the Service Centre. Upon receipt of a fault report, BT will attempt to fix the fault remotely. Where BT is unable to diagnose or repair the fault remotely, BT will arrange for an engineer to visit the site as soon as reasonably practical;
(b)
If replacement parts are provided by BT, the parts removed will become the property of BT;
(c)
BT may need to remove all or part of the Device from the site for inspection, testing and repair;
(d)
Faults resulting from normal wear and tear and any faults covered under the Guarantee Period or Extended Guarantee will be covered.
1.24 Fault repair does not apply: (a)
to misuse, incorrect environmental conditions including incorrect temperature and humidity levels; faulty manufacture or design; mains electrical surges or failures;
(b)
to lightning damage; electromagnetic interference; any other accidental or deliberate damage;
(c)
to correction of defects following the removal or connection of Equipment Manufacturer;
(d)
to connection by the Customer of other equipment to the Devices;
(e)
where BT or the Equipment Manufacturer have been denied access to the Devices;
(f)
to loss of customer generated software programmes;
(g)
to Any fault caused by a third party.
other than by BT or the
1.25 Where BT agrees to work outside Working Hours, BT may apply a charge as agreed with the Customer and BT prior to work taking place.
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 5 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) 1.26 If the Customer terminates the fault repair service within the Minimum Period, early termination charges will apply as follows:. (a)
If the charges have been paid in full in advance for the duration of the Minimum, Period, BT will not refund the Customer any monies due for the remainder of the Minimum Period; or
(b)
If the Customer has not paid in advance, the Customer will pay BT the balance of any monies due to the remainder of the Minimum Period.
Stock Management 1.27 The Stock Management service allows BT to control and manage the Customer’s stock of Devices and Accessories and Buffer Stock on the Customer’s behalf. The Stock Management service operates as follows: (a)
Devices and Accessories purchased by the Customer will be registered in the Asset Database by BT;
(b)
the Customer is responsible for providing information on Devices and Users to BT, and keeping BT updated on all Devices and Accessories to be listed on the Asset Database;
(c)
the Buffer Stock will be used by the Service Centre in the hot swap facility as set out in paragraph 1.23 (c ) where a faulty Device cannot be repaired remotely;
(d)
if, in BT’s reasonable opinion, insufficient Devices are held in the Buffer Stock, the Customer will be required to purchase replacement Devices and/or Accessories from BT
Monthly reports and Service Reviews 1.28 BT will: (a) produce service level reports on a monthly basis as agreed with BT and the Customer as set out in the Order Form or Charges Schedule (where one is provided). These reports will be sent electronically to the Customer’s nominated contact point; (b) review with the Customer (as required) the BT Managed Devices service performance, previous service reports and any areas for improvement at the intervals agreed between BT and the Customer as set out in the Order Form or Charges Schedule (where one is provided). Additional Facilities 1.29 The following facilities are available at an additional charge as part of BT Managed Devices: (a)
(b)
Device set up which includes: (i)
delivery and tracking of the Device;
(ii)
hardware configuration;
(iii)
software loading as set out in the Order Form and Charges Schedule (where one is provided);
(iv)
testing for operational status;
v)
asset tagging ;
Device installation which includes: (i)
installation work on the Device during Working Hours (unless otherwise agreed);
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 6 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio)
(ii)
testing to ensure the Device is fit for use and advising the Customer that the Device is fit for use in BT’s opinion.
Management of Peripheral Equipment 1.30
Management of Peripheral Equipment is subject to the following conditions: (a)
Where required by the Customer, BT may include the support of Peripheral Equipment for the remainder of the guarantee period applicable to the Peripheral Equipment.
(b)
Where BT agrees to support Peripheral Equipment, the Customer must provide and keep BT up to date with the serial number and any other appropriate information applicable to the Peripheral Equipment which will be logged onto the Asset Database.
Third Party Supply Management 1.31 Where agreed with BT and the Customer as set out on the Order Form or Charges Schedule (where one is provided), BT will manage the relationship with the Customer’s nominated third party suppliers where those relationships impact on the BT Managed Devices service. The management will be limited to the following: (a)
the reporting, tracking and monitoring of faults where the Customer reported fault is found to be on the Customer’s Mobile Service or Customer’s Broadband Service;
(b)
monitoring and reporting of any third party supplier performance against the supplier service level agreements; and
1.32 The Customer will: (a)
provide BT with information on the third party suppliers to be included in the service, together with full details of any service level agreements and fault reporting processes; and
(b)
authorise BT to act on its behalf and:
(c)
advise third party suppliers of BT’s authority.
1.33 BT’s responsibility is strictly limited to the management obligations in paragraphs 1.31 above and BT will not assume any liability under any supplier agreement. Gold Build 1.34 Where agreed by BT and the Customer, BT will arrange for Devices to be loaded with any additional Software and personalised for each User, as detailed on the Order Form or Charges Schedule where one is provided. Customer Responsibilities 1.35 For all services provided under the BT Managed Devices service, the Customer is responsible for (a)
providing all information reasonably required by BT to carry out any of the services in paragraphs 1.19 to 1.35 above, such as employees or user names, staff identification numbers, SIM Card numbers and manager name or any other information as agreed between the Customer and BT;
(b)
reporting faults in accordance with any processes notified to the Customer by BT from time to time;
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 7 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) (c)
ensuring that all faulty Devices are returned to BT within 5 Working Days to ensure that Buffer Stocks are maintained at the level calculated to enable BT to next Working Day replacement, failure to do so may lead to a reduction in Buffer Stock and sufficient stock being available for the hot swap facility
(d)
any individual personalisation or any data or content backup for Users
Wireless Delivered 1.36 Where the Service includes Wireless Delivered, the following additional definitions and conditions apply: Device Management System means a system which allows the BT Device/Device to be locked to prevent additional applications being downloaded onto the BT Device/Device which may affect the Wireless Delivered Service and gives BT remote access to the BT Device/Device via the Service, when required Stabilisation Period means a period of 3 months after the Service has been provided (where no changes will be made to the Service) Technical Specification Document means the document produced by BT to define the technical specification of the service to be provided to support the customers’ business processes using the Wireless Delivered service User Interface Document means the document produced by BT to outline the user interfaces that will be developed to implement the Wireless Delivered service and Back office to be delivered as the solution. Vision Document means the document produced by BT to capture all the business processes that are required. It defines exclusively the high level functionality of the solution to be delivered, and covers in detail the proposed deployment of the solution. Wireless Delivered means the service provided by BT under this contract Working Hours means the hours of 9am to 5.30 pm Monday to Friday (excluding bank holidays) 1.37 Wireless Delivered is a management service which enables the customer’s manual and paper based processes to be automated into a mobile application which enables the Customer to (a)
Communicate job instructions to the Customer’s mobile workforce;
(b)
Link its existing back office systems to Devices; and
(c)
Automate its paper based systems and processes
1.38 Wireless Delivered provides the Customer with the following facilities: (a)
Communication – allows messages and Task Data to be passed between the Customer’s mobile workforce from their Devices to the Customer’s existing back office systems
(b)
Allows for the transmission of data from Devices to the Customer’s existing back office systems
1.39 Full details for the Wireless Delivered service to be provided will be set out on the Order Form or the Charges Schedule (where one is provided) or any other documentation provided to the Customer by BT for this purpose. 1.40 To access the Wireless Delivered service the Customer must have: (a)
a mobile service or broadband service; and
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 8 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio)
(b)
BT Devices and/or Devices with: (i) the minimum technical specifications (as provided by BT from time to time) to be able to access the Service; and (ii) a SIM Card which must be configured with the applicable access point, as notified by BT.
(c)
Back office systems compatible with Wireless Delivered to meet minimum technical specifications (as provided by BT from time to time) to be able to access the Service.
1.41 BT will agree with the Customer: (a)
the nature and scope of the Wireless Delivered service to be provided, with the Customer’s nominated contact(s)
(b)
the format of the Task Data to be transmitted between the Devices and the Customer’s existing back office systems;
(c)
the scope of integration with the Wireless Delivered service and the Customer’s existing back office systems,
which will be set out on the Order Form or Charges Schedule (where one is provided), or any other documentation provided by BT to the Customer such as a Vision Document, Technical Speficiation document and User Interface document 1.42 Where the Service includes the provision of BT Devices, BT will install the Wireless Delivered service and a Device Management application onto the BT Devices before delivery. 1.43 Where the Service does not include the provision of BT Devices, (a) (b)
BT will advise the Customer how to install the Service on the Device and the customer is responsible for the installation. . The customer should also install a Device Management system on the Devices.
1.44 BT cannot be responsible for any failure in the Service: (a)
as a result of the incorrect installation of the Service or
(b)
the failure to install an appropriate Device Management system
by the Customer. Changes to the Service 1.45 The Customer may request changes to the Service. Any change requested will be assessed by BT who will advise the customer if the changes can be implemented. If the changes go beyond the scope of the agreed Service then BT will advise the customer of the charges for the change(s). 1.46 Once agreed, changes will only be implemented: (a)
before the Service has been provided – as long as the change is required for the Service to be delivered and is not a significant change to the agreed scope of the Service;
(b)
after the Stabilisation Period has ended – as long as the changes do not change the scope of the Service.
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 9 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) 1.47 BT may refuse to implement a change if this goes beyond the scope of the agreed Services described in the Vision Document, Technical Specification and User Interface Document. 1.48 No changes will be implemented during the Stabilisation Period. 1.49 BT will: (a)
where agreed load the Wireless Delivered software on the Devices and configure it in accordance with the information agreed between BT and the Customer under paragraph 1.41
(b)
detail the total number of Users on the Order Form or Charges Schedule (where one is provided); and
(c)
provide an awareness training session for the Customer’s nominated trainers and agreed Users. Any additional requirement for training may be subject to additional charges as set out in the Order Form or Charges Schedule (where one is provided).
1.50 Security of Devices The Service is protected by a firewall. BT will use reasonable endeavours to ensure that this provides the most up to date security, authentication and verification features. 1.51
Where the customer installs the Service on its own Devices or uses the BT Device/Device for applications/services other than Wireless Delivered, BT cannot be responsible for the security of the BT Device/Device and the Customer is responsible for installing its own firewall, security system or Device Management system.
1.52 The Customer is responsible for: (a)
Providing a dedicated manager and point of contact to take part in vision and scoping meetings and to be on site as required to aid the delivery of the Service;
(b)
storage and management of any data, provided through the Service (unless the coaster has taken Back Office as an additional option).
1.53 BT is responsible for the Service provided under this Contract and optional extras to the point of demarcation with the customer’s network as described in the Technical Specification Document. 1.54 Support Service – Bronze Support BT, through its third party supplier, will provide technical support on the Service as follows: (a)
A single telephone number for all calls during Working Hours
(b)
Support will be by: (i) (ii) (iii)
(c)
Telephone support E-mail support Internet based help and problem solving.
BT Device swap out – where the Servcie is not working as a result of the BT Device, BT will arrange for an alternative BT Device to be delivered to the Customer upon receipt of the faulty BT Device
1.55
BT, through its third party suppliers will provide support on the Service and will not provide support on any other application or service installed on the BT Device/Device.
1.56
Where the fault is
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 10 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio)
(a)
not covered by the Support Service; or
(b)
caused by the Customer or another third party; or
(c)
as a result of other applications being installed on the BT Device/Device
BT will charge for the additional support, such charges to be notified to the customer at the time. 1.57
Ending the Contract The notice period in Clause 6.2 of the Conditions is amended as follows: The Contract may be ended by either party on 3 months written notice. If the contract is ended by the Customer in the Minimum Period, the customer will pay BT the early termination charges as set out in the Order Form or Charges Schedule (where one is provided)
2.
FAULTS IN THE SERVICE
General 2.1
As the Service will route calls and data over the Customer’s Mobile Service or Customer’s Broadband Service, any faults or errors in those services are subject to the terms of the contract for those services and BT has no liability for such faults or errors under this Contract.
Faults in the Device 2.2
2.3
If, during the Guarantee Period or the period of the Extended Guarantee BT is notified of a fault in the BT Device and BT Accessories (where advised) which is due to faulty design, manufacture or materials, or the negligence of BT, BT will where necessary by arrangement with the Equipment Manufacturer and the Customer, replace or (at its option) repair the faulty part or in the case of faulty wiring restore it to effective use free of charge provided that: (a)
the BT Device and BT Accessories has been properly kept, used and maintained in accordance with the Equipment Manufacturer’s or BT’s instructions, if any, and has not been modified except with BT’s written consent; or
(b)
the fault is not due to accidental or wilful damage; interference with or maintenance of the BT Device and BT Accessories by persons other than BT; or
(c)
the fault is not due to faulty design by the Customer where the BT Device and BT Accessories has been manufactured to the Customer’s design; or
(d)
the BT Device and BT Accessories has not been tampered with so as to invalidate the guarantee.
BT may apply a charge for postage of the BT Device/Device back to the Manufacturer and the Customer, where applicable. The charge will be as set out in the Order form and/or Charges Schedule (where one is provided) This guarantee does not cover fair wear and tear.
2.4
Unless agreed otherwise by BT in writing, where the BT Device and BT Accessories is installed by the Customer, the Customer will normally be required to return faulty Devices and Accessories to BT (where necessary, by arrangement with the Customer).
2.5
If the Customer reports a fault and BT finds there is none or the fault falls outside of the guarantee, BT may apply a charge.
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 11 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio)
2.6
Except where the Customer relies on BT’s written advice, it is the Customer’s responsibility to satisfy itself as to the suitability of the BT Device for its needs.
Software Faults 2.7
3.
BT does not warrant that Software supplied under the Contract will be free of faults or that its use will be uninterrupted, but BT will remedy those defects which significantly impair performance (where necessary by arrangement with the Customer) within a reasonable time. CHARGES AND PAYMENTS
Charges 3.1
The Customer agrees to pay the charges for the Service in accordance with the Order Form or Charges Schedule (where one is provided) or as BT notifies the Customer from time to time.
Billing 3.2
Unless otherwise stated in the Order Form or Charges Schedule (where one is provided) BT will bill the Customer monthly on the same date each month. The Customer’s first bill may cover a period of more than one month.
Payment 3.3
The Customer must pay all charges within 30 days of the date of BT’s invoice.
4.
LIMITATION OF LIABILITY
4.1
The limit of liability under clause 7.2 of the Conditions for all and any direct loss or damage arising from any one incident or series of connected incidents is s shall not exceed the lesser of: (a) £20,000,000; or (b) 125% of the total of all sums paid or due to the Supplier for Supplies.
5.
Cancellation/Early Termination The cancellation and termination charges referred to in clauses 6.1 and 6.5 of the Conditions are set out in the Order Form or the Charges Schedule (where one is provided)
6.
AMENDMENTS TO THE CONDITIONS
Changing the Contract 6.1
Clause 5.2 of the Conditions is amended as follows: BT may notify the Customer of changes to the Contract (including the charges) as follows: (a)
by publishing on line at http://www.bt.com or any other online address that BT may advise to the Customer); or
(b)
by letter to the address to which BT sends bills or to the Customer’s primary email address.
BT will provide the following notice of these changes: (c)
for changes that are to the Customer’s significant detriment, at least 1 month before the change is to take effect; and
(d)
for all other changes at least one day before the change is to take effect.
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 12 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio)
Ending the Contract 6.2
In addition to clause 6.4 of the Conditions, BT may suspend service or end the contract without notice if: its third party supplier: (a) ceases to do business; or has bankruptcy or insolvency proceedings brought against it; or makes an arrangement with its creditors (other than where solely for solvent amalgamation or solvent reconstruction); or a receiver, administrative receiver or administrator is appointed over any of its assets; or it goes into liquidation; or a notice is given, a petition is issued, a resolution is passed or any other step is taken to commence any of the foregoing procedures; or there is a corresponding event under Scottish law; or (b) ends any licence required for the Service
Contractual Documents 6.3
The definition of Contract set out in the Conditions is amended as follows: Contract means, in order of precedence: the Order Form, or the Charges Schedule (where one is provided); the Service Schedule; the Conditions; and any other documents expressly incorporated by any of these documents or by agreement between the Customer and BT.
7.
DEFINITIONS “Accessory” means equipment including batteries but excluding mobile handsets, BlackBerry Handsets or dongles, provided by BT under this Contract. “BT Device” means any handheld mobile device, Accessory, laptop, tablet or other equipment provided by BT under this Contract. "Charges Schedule" means a schedule to the Contract that sets out the charges applicable to the Service and includes the order form. “Customer’s Broadband Service” means the broadband service contracted for by the Customer which is a separate agreement and does not form part of this Contract. “Customer’s Mobile Service” means the mobile service contracted for by the Customer which is a separate agreement and does not form part of this Contract. “Device” means any handheld mobile device, Accessory, laptop, tablet or other equipment, to be used with the Service and includes BT Devices. “Equipment Manufacturer” means the manufacturer of the BT Devices and Accessories “Extended Guarantee” means the Extended Guarantee set out in the Order Form and/or Charges Schedule (where one is provided) which can be applied to BT Devices and Accessories. The Extended Guarantee will commence from the date of delivery of the BT Device and Accessories to the Customer. “Guarantee Period” means 12 months for BT Devices provided by BT under this Contract, and for Accessories as advised by BT and/or the Equipment Manufacturer. The Guarantee Period will commence from the date of delivery of the BT Device and/or Accessory to the Customer.
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 13 of 14
Service Schedule for BT Mobile Workforce (previously known as BT Field Force Automation Portfolio) “Minimum Period” means the period stated in the Order Form commencing on the date BT confirms acceptance of the order “Software” means the Mobile on Demand Software provided under this Contract “Working Hours” means the hours of 9.00 to 5.00 pm on any Working Day
Issue 2: Dated 1 April 2013 © British Telecommunications plc
Doc Ref: BT1158 Page 14 of 14