Terms & Conditions

Last updated: 20th September 2024

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Contents

This document sets out the full terms and conditions of business for Technopoly Ltd and comprises:

• Section 1 - Definitions
• Section 2 - Acceptance of Agreements
• Section 3 - End User Licence Agreement
• Section 4 - Service Level Agreement

Technopoly has a policy of continuous improvement and reserves the right to make changes to these terms on a regular basis. This is necessary to enable us to be able to respond to any changes in technologies and methods that we may use to deliver our products and services.

These terms will be continuously updated with the latest revision date and always made available on our web site. A copy of the main points of any changes to these terms may be made available on request.

Customer Due Diligence

The prospective customer is solely responsible for conducting their own due diligence on the company and its products and services and for ensuring that such are “fit for purpose” for their own company and use, prior to placing their order and signing any order form or Licencing Agreement provided by Technopoly.

Technopoly have a policy of ensuring that all prospective customers are given the opportunity and sufficient time to fully understand and assess the types of products and services to be provided and to have any further clarification or questions answered prior to signing any order form or Licensing Agreement or paying any deposit, which will bind them to these terms and conditions.

To that end, Technopoly provides a comprehensive web site www.technopoly.uk, on which details of its different products and services are published. This web site also contains voluntary customer testimonial videos

In addition,  this web site contains these full terms and conditions and software system requirements, which will help to guide the prospective customer through this important pre sales phase.

Technopoly will always provide information and demonstrations of its products and services and allow the customer to have answers to any questions pertaining to the intended use answered. Further to this process, Technopoly will always provide a fully detailed and costed proposal for the prospect’s consideration. Should the prospect decide to purchase a system licence then Technopoly will always provide a Licencing Agreement for them to sign and in doing so accepting these terms.

Subsequent additions, developments or training may be purchased online on the My World Customer Support Portal or by requesting an order form from a representative of the sales team.

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1 - Definitions

In this document the following words shall have the following definition and meaning.

1.1	“Agreement” means the Proposal, Quotation, Order Form, Technopoly Software Products Agreement, End User Licence Agreement and Service Level Agreement or any other special customer specific agreements.
1.2	“Company” or any term, ‘Supplier’, ‘Provider’, ‘Us’, ‘We’, ‘Our’ or 'Technopoly', will refer to Technopoly Limited Company No.02973268. Whose registered address is The Old Glassworks, MOR Workspace, Treloggan Lane, Newquay, Cornwall, TR7 2FP
1.3	“Conditions” means these terms and conditions.
1.4	“Cloud Computing” means the delivery of services through the Internet, including data storage, servers, databases, networking, and software.
1.5	“Customer” or any term ‘Client’, ‘You’, ‘Your’, means any person or organisation with whom the Company enters into the Agreement and as stated on the signed Order Form and will also refer to any purchaser of a Technopoly Software or services package with a current and valid software licence.
1.6	“Customer Data” means any and all data supplied by the Customer and Customers clients and input into the products and services provided by the Company.
1.7	“DNS” means domain name system, the hierarchical method by which internet addresses are constructed.
1.8	“EULA” means End User Licence Agreement” and relates to all software products, data and services provided by the Company.
1.9	“FTP” (file transfer protocol), a standard for the exchange of program and data files across a network.
1.10 1.11	“Hosting” means any service that provides access to Intranet or remote Internet based online applications, content, or other forms of information. "Hybrid System Solution" means that Technopoly Software products can be provided in a number of configurations whereby the core SQL and back office applications can be hosted on the customers own servers and networks, along with any related web portals or web applications which may also be hosted remotely. We can also offer full remote hosting comprising RDP servers and Web portals in the same virtual server workspace. In addition, Technopoly Software products may also be linked to other customer systems, either on their own servers and networks or to other remotely hosted platforms. Thereby providing a variety of options for individual or cross platform Hybrid Solutions.
1.12	“Implementation period” means a period of time, during which any product or service is installed and activated, as agreed per the agreement. In this context “time is not of the essence”.
1.13	“Internet” means the global data network comprising interconnected networks to which the Company is connected and provides access to its Customers.
1.14	“Internet Protocol Address” (I.P.) means such sequence of alphanumeric or numeric only characters as assigned by the Company or its suppliers to the Customer.
1.15	“Licence Key” means special codes issued by the Company as part of its licencing policy, to enable the Customer to have access to the software products data and services provided by the Company. These codes will determine the licence duration and the number of user licences and modules purchased and eligible for use.
1.16	“My World” means the Technopoly My World customer support web portal found at www.technopoly.uk and provided by the Company to the Customer for their own use for the Term agreed.
1.17	“My World Administrator” means your selected representative who will be responsible for managing login access and all support tickets and activities on this facility.
1.18	“Order Form” means the Company's Order Form, which may be presented for signing either before or after the Technopoly Software Product Licencing Agreement, or for further purchases of additional services or users, modules, support, training or development hours, or for online purchases of the same using the My World Customer Support Portal. This form will detail the products or services to be supplied, together with costs and agreed payment terms. By signing this form, the customer also agrees to the providers full terms as set out in this document.
1.19	“Parties” means the Customer and the Company and may include other third parties as agreed in writing by the Company, “Party” shall mean such of them as the context requires.
1.20	“Password” means the characters chosen and used exclusively by the Customer at its own risk for the purpose of securing and maintaining the exclusivity of its access to the Company's Products and Services.
1.21	“Services” means the products, programs and services to be provided by the Company described in the Agreement or MyWorld support and services ordering portal.
1.22	“Service Terms” means these terms outlined in the product terms and conditions page of the Technopoly website at: https://technopoly.uk/terms-conditions
1.23	“SLA” means the Service Level Agreement of the Company as detailed in these terms, a copy of which is available on the company’s website and forms part of any agreement with the client.
1.24	“Super User” means your selected representative who will be trained in all aspects of the core system and for Administrator-level operations.
1.25	“Support ticket” means any request for assistance registered on the My World support portal or otherwise by email or phone.
1.26	“Term” means any Term and any extension to this Agreement thereafter subject to a written agreement with the Company.
1.27	“Termination Assistance Period” means the period of time between the effective date of the termination notice and 30 days after the effective date of the termination of the Agreement.
1.28	“Termination Assistance Services” means the Services to the extent the Customer requests the Services during the Termination Assistance Period, these services will be charged for at our standard rates.
1.29	“Third party Applications or services” means any other applications or services that the customer, or the company may supply or link to;
1.30	"TLS"(Transport Layer Security) is a security protocol that is used to establish encrypted links between a web server and a browser in order to protect the data exchanged between them. TLS is the successor of SSL (Secure Sockets Layer) and is now the most widely used protocol for securing web communications.
1.31	“User” means any person, organisation or other entity that employs or uses the Services provided by the Company and is in most cases the Customer’s employees or the customer’s clients employees, or suppliers or other third party users as appropriate and agreed upon.
1.32	“User Licence” means a licence that is purchased for the sole use of one employee user, these may be transferred to another employee should the original employee leave employment. The login and password for each user will be for use solely by them.
1.33	“Username” means a sequence of characters as are used by the Customer or its clients to identify themselves to the products or systems.

2 - Acceptance of Agreements

2.1	Your rights to use Software, Programs, Web Portals and other services provided by Technopoly is subject to these terms and conditions of business. These are set out in this document in two important agreements. The End User Licence Agreement and our Service Level Agreement which are set out in full as follows below.
	Please read both carefully.

2.2	By accepting any agreement for software and services presented by Technopoly and by signing any order forms derived or in support of any agreement, for additional developments, modules, users or other support services, either in hard copy or online on our My World support and ordering portal, you are accepting these Terms and Conditions in full and hereby agree to consent and accept this as the contract.
2.3	Technopoly will provide the software and services in accordance with these Terms and Conditions and signed agreements. The customer warrants that the signatory to any agreements, signed on their behalf, has all requisite and due authority to bind the company to this contract and these terms and agreements.
2.4	Anyone logging into any software program or system provided by Technopoly, or by allowing any one else to do the same, or by accepting any updates provided from time to time, or by continuing to use the systems and services including renewing your licence, as agreed in these terms, you are hereby accepting these Terms and Conditions and contract in full and hereby agree to abide by these.
2.5	The customer acknowledges that these Terms prevail over any of the customer’s own standard terms and conditions whether set out on the customer’s own standard order form or otherwise. In the event of any conflict between the conditions and the enclosed EULA and SLA then these two agreements shall prevail to the extent of any conflict.

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3 - End User Licence Agreement

3. Program and grant of licence

The ‘Program’ means the licensed software, Web Portal services, Hybrid Solutions, or My World, together with the User’s Manuals and any other relevant operational literature or supporting web sites that may be applicable.

Under copyright law, you are prohibited from installing, running, or using the software, Hybrid Solutions and or Web Portal provided without the consent of Technopoly. In consideration of the terms of this license, Technopoly grants you, the purchaser of the software, a non-exclusive right ( the ‘Licence’) to access and run the software and or Web Portals or Hybrid Solutions as permitted by this Agreement. Any and all references to the word ‘software’ and or Web Portals in this Agreement shall mean the object code, program software, all printed and Web related support portals, documentation, manuals, computer media, data, help files, text and images.

The license is personal to you, and may not be assigned, sold or transferred in any other way without the express prior consent in writing of Technopoly.

The ‘Licence’ is granted for a full 12 month period and runs from the date of the signed agreement. It is renewed annually for the agreed fee. Following the agreed payment, a new licence key will be issued. Any additional users or modules purchased will incur additional licencing fees in accordance with the current pricing list. This increase will be applied at the next payment of any licencing fees according to the payment plan in place, be that monthly or annually or other as agreed.

Furthermore you must not allow any breach of our intellectual property or copyright invested in the product names, Logos, Trade marks, software systems, products and services licenced to you, either during the term of its licenced use or thereafter for an unlimited period of time.

You must also keep confidential any details of these products and services unless otherwise agreed in writing with Technopoly Ltd.

3.1 Under the terms of this licence YOU ARE PERMITTED TO:

a)	Use the software provided for your own use by any means including on a single device, on a server based network which is under your control, or on a Hybrid or hosted facility provided by Technopoly or other third party by written agreement with Technopoly.
b)	User licenses are permitted for the number of user license’s purchased and are strictly for each individual accessing the system. Each person must only use their own designated Login and Password. Users may not share their login access to the system or set up login’s to allow more users to access the system. than the number of user licences that have been purchased. The system licence key will determine and limit the number of users or the modules they are allowed access to.
c)	Unless otherwise stated and agreed in writing. Use of the software is provided as an in house server based product, Hybrid, Fully Hosted system or Web Portal system and in compliance with the number of users and site licenses purchased. A site being a single workshop, Main Fleet garage, single site wholesale or retail warehouse or main company offices. If you wish to use the Program across multiple sites, you must purchase a multi-site licence.
d)	Load the software and use it in connection with a single set of company data only at any one time, whether this is for a company, partnership, group, person or otherwise unless you have purchased a licence to allow you to work with multiple sets of company data.
e)	Take a backup of the Program and data as part of your normal housekeeping procedure. Any other copies of the Program, whether as a whole or in a part, made without the prior written consent of Technopoly, are unlawful and a breach of this Agreement.

3.2 YOU MAY NOT YOURSELF, NOR MAY YOU PERMIT OTHERS TO:

a)	Breach the number of user or site licences purchased, without written agreement or approval of Technopoly Ltd.
b)	Transfer or part with possession of the Program or seek to sub-licence or assign the licence or your rights under it.
c)	Use, copy or transfer the software or other component parts of the Program except as allowed for by this Agreement.
d)	Distribute, rent, loan, sub-licence or otherwise deal in the software or any other component elements of the Program.
e)	Allow the software or any other component elements of the Program to be altered, adapted, merged, copied, linked, modified or translated by you or any other third-party provider or entity in any way, or for any purpose, other than with the prior written consent of Technopoly.
f)	Reverse engineer, disassemble, de-compile, install or reinstall the software otherwise than with the prior written consent of Technopoly.
g)	Remove, change or obscure any identification or Trademarks or notices of proprietary rights and restrictions on or in the software and any other component element of the Program.
h)	Use the software or try to gain access to it by any other means once the Licence Key has expired.

3.3 Licencing and System Access

a)	Access to use the system and its licence will be controlled by a date licence key. If the due payment, either monthly, annually or otherwise as agreed is not made on time. This licence key may be set to run out seven working days, and always on a mid-week date after the due date of payment.
b)	All licencing and hosting agreements are subject to a minimum 12 month period, unless otherwise agreed. All licences will commence on the date of receipt of the the first payment into the providers bank account.
c)	Following each due payment, a new licence key will be issued by the provider for input to the system licence screen, or automatically updated from the My World customer Portal. This will then allow the system to continue for the set period agreed.
d)	The provider may at its sole discretion issue licence keys for durations of longer than one month, or the term agreed.
e)	Any operational issues with the system will be dealt with in line with the providers commitment to give continuous support for the duration of the agreement. Withdrawal of payments in lieu of the planned delivery timescale of the system, or any part of the system, or special developments agreed, or performance of the system, or any issue with the system, or for the expectation of any additional functions or features not currently supplied as part of the system design will not be accepted.
f) g) h) i)	In the event that payments are not made on time as agreed, the provider may at their discretion, issue temporary licences of a shorter duration, to allow discussions to take place to resolve any situation with the licence or use of the system. If a breach of this agreement or the Providers Terms and Conditions is made by the Licencee, the Provider may at their discretion, and only as a final resort, decline the issue of a new licence key and termination of the licence may be applied as per the Providers Terms and Conditions. The full amount of any outstanding balance for the system or licence fees, will then become due for payment with immediate effect. After completion of the first year’s licence and use, the annual licence and ongoing fees will continue as per the existing agreement unless otherwise agreed, and become due for payment and new licence key issued. The Licencee in agreement with the Provider may add any further elements or costs to this agreement at any time, such as additional users or modules and the Provider will confirm the revised licence payments. Any such revisions will be subject to this agreement and Providers Terms and Conditions.

3.4 Termination

a)	Any breach of action detailed in points 3.2 a), b), c), d), e), f), g), h) will automatically terminate your licence to use the system. If you discover any breach by any user or third party, you must immediately stop using the system and report any such breach to Technopoly, to enable them to discuss or take any further action with you. If we notify you of any breach you must immediately stop using the system to enable us to discuss or take any further action with you.
b)	The licence may be terminated by Technopoly with immediate effect, without refund if you fail to report or fail to respond to any notification by us of any suspected or confirmed breach of these conditions, or fail to make payments as agreed after seven days notice of any sums due to Technopoly under this or any other contract with Technopoly; including the payment of any licence or any other fees. Termination means the system licence will time out and you will not be able to log in and use the system until another licence key is supplied by Technopoly.
c)	Within 7 days of termination of this licence, you will return the original, as well as all copies or part copies of the Program, or will furnish to Technopoly a letter attesting to the destruction and or complete deletion/removal of the original software system and any such copies from your servers, PCs or hosted systems.
d)	Any data held within the system is the property of the customer. If access or extraction of this data is required, this can be done under a paid support contract by the provider. No third party contractor or supplier should be allowed to access this data.
e)	The License will also terminate without further action or notice by Technopoly if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt.
f)	Your rights to use the Program will terminate automatically if you fail to comply with any terms of this Agreement. Technopoly will at its sole discretion extract and supply any data held within its systems, this work will be charged at our normal hourly rates for all work done to extract or prepare this data in a suitable format for transfer or release. Such data will only be released following receipt of payment in full for any such work. Any access to or use of any copies of the Software or services after the termination of the Licence is unlawful.

3.5 Warranty

As the owner of the Licence copyright, Technopoly warrants to you only that: 

a)	The software, when used properly, will provide the functions and facilities and will perform as described in the User Manual or other forms of instruction supplied with it.
b)	Following installation and unless otherwise agreed. Technopoly will provide ‘free’ Program, user and training support by telephone/email or remote connection, during normal business hours for the implementation period up to a period of 90 days maximum from the date of first installation. Any on-site training or additions will be supplied as per the agreement. Any additional training or on-site visits or additional functions/features or reports that may be required, will be charged for using our normal charge-out rates. Following the first 12 months, ongoing use of the software will be covered by the annual licence fees.
c)	In the event of any errors in the Program, Technopoly may, at its sole discretion, correct the same by ‘patching’ or by replacing the Program with a new version. This guarantee excludes defects caused by accidents, abuse, hacking or phishing attacks, poor storage or handling, or any act referring to in sub-clauses 3.2 a), b), c), d), e), f), g) h) above.

3.6 Exclusion of Other Warranties

Except for the express warranties contained in section 3.4 above, Technopoly gives and you receive no other warranties, conditions or representation, expressed or implied, terms of quality and fitness for a particular purpose are excluded.

Technopoly does not warrant that the operation of the software will be error-free and uninterrupted. It is your exclusive responsibility to ensure that the Program is fit for your needs and the entire risk as to its performance and as to results obtained from its use is assumed by you.

You hereby acknowledge that the content and accuracy of documents produced by the Program are your sole responsibility and, whether or not produced using the software, that you also remain responsible for ensuring that any information, opinions, recommendations, forecast or other comments submitted to third parties must be honest, accurate and complete.

3.7 Disclaimer and Limitation of Liability

You hereby acknowledge that the allocation of risk in this Agreement reflects the price paid for the Program and also the fact that it is not within Technopoly’s control how, and for what purpose, you use the Program. In no event therefore, will Technopoly be liable for any direct, indirect, consequential, incidental or special damage or loss of any kind, (including, but not confined to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data, loss or compensation for damage to reputation, loss of service for whatever reason. Third party support or other costs not under its direct control or without prior approval in writing), however caused and whether arising under contract or tort, including negligence or otherwise. If any exclusion, disclaimer or other provision contained in this Licence is held to be invalid for any reason by a court of competent jurisdiction and Technopoly becomes liable thereby for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the amount actually paid by you for the core software program licence.

Technopoly does not exclude or limit its liability for death or personal injury resulting from any act or negligence perpetrated by it.

3.8 General

a)	Any reseller, distributor or dealer (including any Technopoly approved dealer) from whom you may have purchased the Program is expressly not appointed or authorised by Technopoly as its servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide any representation, warranty or guarantee with or to you on behalf of Technopoly or otherwise to bind Technopoly in any way whatsoever.
b)	Technopoly shall not be liable to you in respect of the circumstances arising outside it’s reasonable control.
c)	Failure by Technopoly to enforce any particular term of this Licence shall not be construed as a waiver of any of its rights under it.
d)	If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, the validity of the remainder of terms will not be affected.
e)	The Licence constitutes the entire agreement between the parties in relation to the Program and it’s licensing and supersedes any other oral or written communications, agreements or representations with respect to the Program.
f)	The terms and conditions of this Licence will be governed and construed in accordance with English law, and any dispute arising under this Agreement or in connection with the Program shall be submitted to the exclusive jurisdiction of the English Courts, save where Technopoly otherwise agrees. No variation, amendment of or addition to this Licence shall be effective unless Technopoly’s prior agreement in writing is obtained.
g)	Technopoly has the right to review and increase costs for licencing and services from time to time and will endeavour to give reasonable prior notice to our customers.

4. SERVICE LEVEL AGREEMENT (SLA)

Contents

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4.1 OVERVIEW

4.1.1 PURPOSE AND OBJECTIVES

This Agreement represents a Service Level Agreement (“SLA" or “Agreement ") between Technopoly and any new or existing client.

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent support and delivery to the Customer(s) by the Provider.

The objectives of this Agreement are to:

• Provide clear reference of roles and/or responsibilities.
• Present a clear, concise and measurable description of service provision to the customer.
• Match perceptions of expected service provision with actual service support & delivery.
• Provide guidelines for dispute escalation and resolution.

4.1.2 VERSIONING

This Agreement remains valid until superseded. Technopoly is not required to ensure notification of any updated revisions. However, we will make our best endeavors to inform our customers when changes occur. The latest version will always be available on our website.

4.2 ACCESS TO SERVICES

4.2.1 STANDARD SERVICE

Following an agreed installation and implementation period, (normally up to 90 days) the provider will deliver all normal day to day support using “My World”. This online customer support portal will be available 24 hours per day, 365 days per year, subject to the provision of service by our web hosting provider.

“My World” consists of the following support services:

• A comprehensive ticketed support ticket system.
• Customer account area, employee contacts and licensing details.
• Customer support ticket dashboard.
• Online shop for customers to purchase products, modules or additional services.
• Customer developments area for new requests and progress reporting.
• Software guides and training documentation.
• A frequently asked questions database.
• Video guides.

This facility will be the primary source of all customer information. These services are subject to content addition and on-going development.

All requests for support must be registered on “My World” to assign them a unique reference number and to add them to a resolution queue, and only after all other avenues to resolve any issue have been made with the “Super User” or using the other support information available on “My World”.

4.2.2 HOURS OF SERVICE

The Customer Help Desk will be manned to respond to all support tickets registered on “My World” during normal office hours:

• 9:00 - 17:00: Monday - Thursday.
• 9:00 - 16:30: Friday.

Customers will be informed by email of any public holiday closures, or for any planned maintenance activities which may affect their online systems in advance of any event.

Any such notifications will include any advice, special measures or procedures that may be required as well as any special contact information.

4.3 NON-STANDARD SERVICE

4.3.1 EMERGENCIES - Within working hours

Emergency support tickets must initially follow the standard service as outlined above.

Only if your Website/Software is inaccessible may you flag a support ticket on “My World” as emergency at the time of submission. These requests for support will be investigated as a priority above standard and current support tickets. This flag is for lack of service ONLY and requests deemed otherwise could be prioritised in the standard way.

All support tickets deemed to be emergencies once registered on “My World” may be followed up with a telephone call to our support office to prioritise them. In all instances Technopoly will resolve emergency requests in the order they deem to be most urgent. If telephone contact would assist in resolving requests quicker, Technopoly will contact the requesting user at the time of dealing with the support ticket and on the contact number they have provided on My World.

4.3.2 EMERGENCIES - Out of hours

This service is provided by prior arrangement only and must only be used for dire emergencies such as server down, or Technopoly system is down which may be due to other external factors.

The main cover period for this service is usually reserved for the Christmas New Year period

If the customer chooses to have this emergency out of hours service available to them, they can register and pay for this on the “My World” shopping portal.

A registration fee must be pre-paid per arrangement per year. An hourly charge of two hours minimum for each instance of use, will then be applied, plus any additional resource time if more than this is required.

Once registered and paid for, an emergency out of hour’s contact support telephone number will be provided. This may be used to access this service and to leave a message and contact details.

This service must only be used in the following circumstances.

• Following a thorough diagnostic of server, network, Internet connection and affected computers, and only then if the Technopoly software package has been deemed inaccessible to all users.
  
• Following work having been undertaken by your in house IT department, or a third party I.T provider and after every effort was made by this third party to revert  affected changes, the Technopoly software package has been deemed inaccessible.
• Following an unexpected power outage and after power having been restored the Technopoly software package has been deemed inaccessible. In such an instance we would have expected your It provider or in house IT manager to restore whatever back ups you have and to restore the system to its normal use.
• Following multiple and different login attempts, with different PC’s across the network, and only if then access to the Technopoly web ordering site is still unavailable.
• Following DNS diagnostics and where a domain name is registered and held by Technopoly a domain name linked to a Technopoly web ordering site is inaccessible where it previously was not.
• Following a hacking event where the system is unavailable and a back up may be available for reloading or temporary re-establishment on a Technopoly Hosted Server.
• If the customer’s web ordering site is down, this may also be considered as an emergency. In this case, the provider would contact their Internet Managed Server Hosting Provider to seek their assistance to resolve any issue on their side and to meet their commitments and Service Level Agreement with the provider. Please refer to Technopoly Hosted Services. Ref 10

If the person manning the emergency phone is unavailable to take the call, then you must leave a message and they will respond as a matter of priority as soon as they are available.

If it is outside business hours they will try to ring the customer and find out what is wrong.

A course of action will be agreed and if necessary a support team member may be assigned to connect to the customer’s system from their home if required and if possible.

4.4 TYPES OF SERVICE

Charges for Support

Following the implementation period all requests for support will be submitted solely on the My World customer portal.

Customers requesting support by email or phone will be asked to submit these on My World.

Support tickets made on My World will be triaged to determine the nature of the support being requested and in consideration of our fair use policy.

Support tickets that are believed to be, but not limited to, a user issue, training, request, or for any form of manual intervention, or to check or complete an import, assistance with or to validate reports, development requests or discussions thereof, meeting requests to discuss changes or other requirements or reviews, or issues arising following a third-party intervention including Sage updates will be charged for.

In the case where the issue is not clear at the time of submission of the initial support ticket, we will inform the Super User that this may be the case and that a further investigation may be necessary and will be charged for. If the Super user refuses to accept the charge the ticket will be marked as closed.

In these cases we will require support hours to be available. On conclusion of the support ticket, we may reassess the nature of the support ticket and revise the support hours used at our discretion.

If the customer does not have any pre-paid support hours available, they will be asked to purchase more to cover the work required to complete the ticket.

For any additional support tickets to be serviced the customer will need to have sufficient pre-paid support hours available

Prior to submitting any support tickets, it is the responsibility of the customer’s Super User to filter and qualify any requests that can be dealt with in house. Only tickets that cannot be resolved in house, or by the Super User should be logged.

Support tickets should not be logged as a means of obtaining training support for any new or existing users of the system. Training for any new or existing user must be submitted as a training request and suitable pre-paid support hours purchased to cover any training required.

Support tickets that lead to a development request will be closed and a new development request ticket established. This will be then dealt with accordingly.

Reference to the My World information and support portal including the FAQ’s and manuals section must be made prior to making any request for support.

We operate a fair usage arrangement and customers who abuse the use of this service may be deprioritised.

Each customer may be offered a Technopoly product update as part of their annual licence, or hot fix in the case of a bug fix, or as part of a new development or module purchase.

Software installations are subject to our minimum system requirements. If we find that these requirements have not been complied with, we reserve the right to refuse service until these requirements are met.

Software installations, Sage Updates or relinks and server, PC or router or system changes require a minimum of TWO WEEKS prior notice and any issues or events arising from such will be chargeable. This notice is requested to allow a reasonable time for resources to be allocated to these requests. Any requests outside of these conditions, or disruptions of service caused by un-notified work or changes to the customer systems will be charged for.

4.5 ACCESS TO SERVICE

A username and password will be provided to the customer’s My World Super User Administrator. We will limit the number of Super Users allowed to access My World to an appropriate level for the number of user licences purchased up to a maximum of five per company.

It will be their responsibility to distribute these details and initial logins and passwords to their selected Super Users or to personnel that require access. Technopoly will only distribute passwords to the designated My World Administrator subject to the security measures outlined in section 9.

4.6 PLACE OF SERVICE

Support tickets will be dealt with online and where required via a remote connection service pre-assigned and set up at the time of account activation.

Site visits and training may be scheduled and agreed as per your specific contract or Terms of Supply agreements, site visits will be charged for.

4.7 DELAY TO SERVICE

Technopoly cannot be held responsible for delays in performing specific services providing they have followed and taken appropriate actions as outlined in this agreement.

Technopoly takes no responsibility if it is prevented from performing specific services for any reasons beyond it’s control, or by those which are caused by the client.

Technopoly has no responsibility for the work of third-party providers to the customer.

Technopoly has no responsibility for the work of any other provider or for links provided to it for any other software applications involved.

Technopoly cannot be held responsible for any delays related to the customer’s IT infrastructure or for any undisclosed changes to such.

4.8 NEW CUSTOMERS AND ONGOING CUSTOMER CARE

Special arrangements are usually made with all new customers to allow more regular and day to day direct telephone contact with their installation support team member. This arrangement is provided to assist the company in getting their new system, installed, configured and operational as soon as possible or in accordance with their agreed installation plan. This special agreement is subject to our fair use policy.

At an agreed time, either during the installation period or after completion, but not after more than 90 days maximum, unless otherwise agreed in writing, each customer’s Super User will be contacted and provided with a My World login username and password for use with continued support tickets.

From time to time customers will be contacted by the customer care team to review their experiences and provide feedback about any issue they were either very pleased about or for any suggestions on how the implementation process may be improved. All suggestions from reviews or other customer feedback will be considered. We reserve the right to use any feedback from our customers in our marketing.

5. PERFORMANCE, TRACKING AND REPORTING

5.1 BENCHMARKING AND TARGETS

Our goals are to respond to support ticket within the timescales as detailed in Section 6.3 with either a solution or a proposal for actions to be taken.

All timings given for the resolution of support tickets and development work are provided as estimates on the basis of our best endeavours and may depend on other factors including:

• The level and numbers of outstanding support tickets.
• The resources we have available at the time of the request.
• The time taken for customers to respond to any pending questions or requests for further information required by the support team.

In all respects of timescales for any services or support , “time is not of the essence”

In circumstances where a support ticket leads to additional development being requested, the support tickets will be completed and in its place a development request will be created. Our product development manager will review all such developments and advise back to the customer if this is feasible. If the customer then wishes to proceed, we will provide our best estimate for preparing a development specification, costing and timescale for completion. Support hours will be required to consider and respond to any new development requests or to cover the cost of preparing any specifications or estimates.

A signed order form and payment from the customer will be required before any work is scheduled in for this specification or subsequent development and testing.

Any tasks associated with either a specification or development will be scheduled and confirmed back to the customer.

5.2 FAIR USE POLICY

All support provided to the customer, including requests for support, storing of data on hosting sites, training provided, use of facilities during support activities and any other form of supply or resources to the customer is subject to fair use.

It is expected that the customers will monitor and control their own levels of support using My World, to ensure that their Super Users filter and minimize the number of support tickets being made to the provider. This is to ensure that no one customer dominates this service and in doing so denies other customers their own fair use of such services.

The provider reserves the right to inform any customer that they may be abusing or using these services beyond the scope of their intended use. Additional charges will be made for further or extended services if their use is deemed to be uneconomical for the provider to continue supplying.

5.3 SERVICE LEVEL REVIEW

In line with its commitment to continually improve its products, Technopoly conducts regular reviews of all support tickets. Any areas that are deemed by the Technopoly development team as having the potential for improvement may be added to a development wish list. These items may be considered for inclusion as part of the on-going road map for the development and improvement of the systems. Commonly reoccurring queries with simple solutions may be assigned as a My World FAQ (Frequently Asked Question) or web video to aid in future resolution.

Technopoly operates a feedback program and will always endeavour to introduce into the system changes that we feel would be worthwhile and beneficial.

6. SUPPORT DEFINITION AND MANAGEMENT

6.1 OVERVIEW

As each support ticket is received on My World, the support team will triage it to assign a category of response required and apply charges as appropriate as well as a priority, support level and the most appropriate resource to deal with it.

At this stage a response provided by the assigned support team member will be entered into My World and a notification email sent to the customer, at the address entered in the system to inform them that a change has been made to their request and whether the ticket is considered chargeable, if known. (Refer to 4.4 Charges for support)

The support team may request further information or clarification of the issue being reported and will expect the customer to respond in a timely fashion to such requests. Each request and response will be recorded with a date and time stamp. All support tickets are assigned a status to reflect the requests current situation. Statuses are subject to change and are outlined as follows:

Each support ticket will only be made for a single issue. If further requests are made these must be on separate tickets.

6.1.1 ACTIVE

A support ticket that is in the queue to be resolved in turn. A support ticket with a status of ‘active’ will always be live and continue to be investigated to resolution.

6.1.2 PENDING

If a support ticket requires additional feedback or action by the customer or to confirm their consent to charging, the status will be changed to pending to indicate we are waiting for customer feedback and approval. We will take no action on any support ticket with this status. Support tickets that have had a ‘pending’ status for over 48 hours may have their status changed to ‘closed’.

Once the customer consents to charging or responds with any further information that may be required to clarify any support ticket, it will be made active for further investigations and resolution.

6.1.3 CLOSED

A support ticket which has been responded to, and which in the opinion of the support team is completed, will be assigned a status of closed. A closed request can be reactivated at any time if you feel it is still unresolved or if the issue has reoccurred. Adding new notes to your closed request will automatically reactivate your request by changing its status back to ‘active’.

Within this system support tickets may be assigned with additional status flags to allow closer monitoring of any unresolved or reoccurring issues or to initiate further actions as follows:

We are unable to guarantee to provide an exact explanation to such issues, nor are we liable to be made to pursue any further causes that cannot be identified, or which prove uneconomical to test and resolve. In which case the support ticket will remain closed or be moved to monitor.

6.1.4 BUG FIX

The support ticket may have revealed an issue that the support team have been able to replicate and which in their opinion is a system bug. If the support team cannot provide a workaround to resolve the issue immediately, they will endeavour to fix the bug at their earliest opportunity and to provide either a hot fix or scheduled fix as part of our update procedures. The customer will be informed of any agreed action. Updates may be provided in accordance with these terms.

6.1.5 MONITOR

Some problems are ‘one-offs’, in other words they have happened only once or twice and we need to keep an eye on them. Or it may be that the issue reported cannot be replicated either by the customer or by the support team on their in-house systems. One-off issues are exceedingly difficult and time-consuming to track, therefore we will not carry out any investigative work until the problem reoccurs on a regular basis, or until the customer can provide more information to enable replication of the issue to be confirmed.

We are unable to guarantee to provide an exact explanation to such issues, nor are we liable to be made to pursue any further causes that cannot be identified or which prove uneconomical to test and resolve.

6.1.6 TESTING

We may need to carry out testing to ascertain how more complex issues may be identified, or to follow up on a bug fix to ensure that this will not have any knock-on effects within other parts of the system.

The customer needs to always conduct their own thorough testing prior to going live with any changes or updates to the system.

The customer must understand that as with any software product it is impossible to cover every eventuality and causal effect in any testing regime, either by us or our customers.

Since the software is also subject to other factors which may be beyond the scope of such testing. These may include, third parts links, service packs and updates of third-party software and systems. IT networks and server permissions and settings, Internet connectivity or hosting arrangements and services which are beyond our control.

6.1.7 UPDATE

Each customer may be offered a Technopoly product update as part of their annual licence, or hot fix in the case of a bug fix, or as part of a new development or module purchase.

6.1.8 TRAINING

The support ticket may bring to light that the customer requires additional training, in which case an online training session will be suggested with a date to be agreed.

If the customer does not agree to training being provided or refuses to pay for further training. Technopoly has the right to refuse to deal with any issues related to the user not being trained to carry out their work tasks correctly on the system.

Any additional training will be chargeable, if this is the case you will be informed of the charge and invoiced for payment. Once payment has been received the training will be scheduled and delivered.

6.1.9 WISH LIST

If the support ticket relates to a change in the system, which in the opinion of the support team and development manager, will require modifications to the system, then the customer may be offered the opportunity to either pay a contribution for the work to be undertaken as a new development, or they can ask for the modification to be put on the Wish List. The Wish List is evaluated on a regular basis and the most popular modifications may be put into the development plan.

6.1.10 DEVELOPMENT

If the customer requests any new features, modules or reports to be added to the system, or requires their Wish List item to be prioritised for action sooner than planned, they will be asked to define their requirements in more detail. The support and development team will then assess the development for its potential to be added to the system, A development specification will be prepared to ensure that both the customer and the Technopoly development manager have a clear understanding of the specific requirements and deliverables, as well as a cost estimate for the customers contribution to the work required.

Any work required to discuss and prepare any development specifications will be chargeable under our usual terms.

If the customer wishes to proceed with the development, they will be sent an order form and invoice for payment. Once payment has been received a project will be set up for the work and it will be scheduled into the workload.

If necessary, for larger developments we may agree to produce a more detailed specification and project plan so that the customer can follow the development and progress the agreed milestones and target dates, this will be charged for.

Technopoly reserves the right to refuse or delay any requests for developments, if they feel this would be detrimental to the system or progress of other developments already being worked on, or that may be more appropriate to include these in an already planned module update or new release version.

All developments are subject to customer testing and trials for a minimum period to be agreed and made clear in the development specification.

It is the customers responsibility to agree a go live date. If in the opinion of Technopoly the development or modules is in their opinion not ready to go live then if the customer insists, they will be asked to sign a disclaimer.

Following testing and going live, if further work is required that was not covered in the original specification, then this must be identified as a change request to the original development specification and all work to do and further changes and testing will be charged for.

Customers have an ongoing responsibility to monitor the operation of any third party links or Punch Outs to ensure they operate reliably and consistently.

All developments will remain the intellectual property of Technopoly Ltd and be subject to these terms. They may be included as part of the core system or as additional modules to purchase .

Development and additional support hours, to cover such things as new reports or specific module or feature developments or additional ad hoc training and the rectification of user errors or for data imports, etc. Can be purchased at any time. These hours are pre paid, in accordance with prices set out on the My World site. Hours can be purchased in blocks of 10, 20, 30 or more hours.

As these hours are used they will be recorded on My World and the remaining balance kept for future use.

At the end of each annual licence period or after a period of 12 month from the purchase of any remaining hours, any balance of hours left over 5 hours will be retained and carried forward. Any balance of less than 5 hours will be zeroed.

Technopoly will not issue credit notes or payment for any zeroed hours.

New add-in module developments will be offered as optional extras to the system and will need to be purchased according to the price list current at the time.

6.2 PRIORITISATION

All ‘active’, ‘standard’ tickets will be dealt with in the order they arrive at us. We operate a strict first come first serve resolution policy.

All timings will be benchmarked from the time of submission as per their marked timestamp.

If a customer has several active support tickets, either the My World Administrator or a company director may contact the support team to re-order or prioritize them as they see fit.

Any support tickets that Technopoly deem to be an emergency will be flagged as such and be dealt with before any ‘active’, ‘standard’ ticket.

All support tickets flagged as an emergency will have a status indicator visible to the customer noted against the request.

6.3 SUPPORT LEVELS

Support tickets received through My World are monitored throughout the normal working day and triaged to the appropriate level of support.

The following definitions of support levels are provided for guidance only, as each support ticket logged through My World may require subsequent escalation or de- escalation according to the information received from the customer and/or the findings of the support team as the support ticket is investigated and progressed.

We will always endeavour to respond within the timeframes outline below, but “time is not of the essence”

6.3.1 LEVEL ONE

All support tickets have an initial level of one. Requests resolved at this level typically include:

• Basic questions regarding system or website functionality.
• Typical software and web issues.
• Requests for training plus scheduled delivery
• New Sage links.
• New users or installations.
• New modules or additions.
• Development requests.

We would endeavour to respond to level one support tickets within ONE WORKING DAY and we would endeavor to complete or escalate level one support tickets within SEVEN WORKING DAYS. 

6.3.2 LEVEL TWO

Support tickets will be either designated directly to this level or escalated from

level one if they are unable to be resolved by the initial support team.

Level two support tickets may require one of our development team members to be assigned.

Requests resolved at this level typically include:

• Detailed queries relating to system functionality.
• Unusual or complex software or web issues.

If the support ticket relates to an unusual circumstance, the customer will be expected to provide details and screenshots to illustrate their actions, so that a developer can replicate what they are reporting and provide an appropriate solution. If the reported issue can be replicated and a fix provided, the developer will inform the customer once this work has been done and the support ticket will be completed.

We would endeavour to respond, complete, provide a solution, an agreed course of action or escalate to level three within THIRTY WORKING DAYS.

Due to the complex nature of tickets escalated to this level resolution can take some time. We will keep the client informed of progress throughout the process.

6.3.3 LEVEL THREE

Support ticket unable to be resolved by a developer or support tickets whose issues cannot be replicated will be assigned to level three.

Level three support tickets are investigated by a senior developer who will conduct other lines of investigation and try to identify and resolve any issues.

We would endeavour to respond, complete, provide a solution or an agreed course of action, within NINETY WORKING DAYS.

Due to the complex nature of requests escalated to this level resolution can take some time. We will keep the client informed of progress throughout this process

We are unable to guarantee to provide an exact explanation to such issues, nor are we liable to be made to pursue any further causes that cannot be identified or which prove uneconomical to test and resolve.

SPECIAL NOTE

Customers will need to understand and appreciate that any software, applications, or links supplied by the provider includes sophisticated and complex programming and by default the use of other third-party software, such as Sage, Microsoft or any other third party applications to which it may be connected. Technopoly will by its best efforts try to ensure that its products and services are kept up to date with the most appropriate and tested versions of any software being used. It is also essential that the customer also takes responsibility to ensure their systems are up to date and running the latest patches and version releases.

The software will also be subject to issues arising from being run over complex networks and the customer’s own servers, including the Internet. As such there may be other factors present that affect the performance of the software provided which are beyond the control of the provider. This includes the customers commitment to meet our latest system hardware and software requirements as posted on the Technopoly web site.

Technopoly is responsible only for the software applications and hosting services it provides. If a customer requires any additional support to investigate its own IT systems or other associated software, such as Sage etc. This work will only be done by prior agreement and will be charged for under a support hours contract.

7. CUSTOMER DUTIES AND RESPONSIBILITIES

7.1 ACCESS TO PERSONNEL AND FACILITIES

As a requirement of Technopoly providing support, each client must allow remote access to their network and server or any computers using our software that requires any online training or support. Technopoly cannot guarantee support for any computer where access is unavailable.

Remote access is preferred by TeamViewer, However Microsoft’s ‘Remote Desktop’ or other third-party software may be used if prior arrangement, access and setup have already taken place.

Technopoly reserve the right to refuse the use of any third-party software not mentioned above.

When working on-site the client will ensure the provider’s staff has timely access to appropriate client personnel and will arrange for the provider’s staff to have suitable and safe access to the client’s facilities and systems.

It is the client’s responsibility to ensure remote access links are secure and passwords are in a robust format according to the most up to date password security guidance at the time. A secure process such as the one below should be implemented:

• Passwords should not contain any space.
• Passwords should contain at least one digit (0-9).
• Passwords length should be between 8 to 15 characters.
• Passwords should contain at least one lowercase letter (a-z).
• Passwords should contain at least one uppercase letter (A-Z).
• Passwords should contain at least one special character ( @, #, %, &, !, $, etc….) and be changed regularly.

Technopoly reserves the right to introduce or use two factor Authentication as appropriate the any specific requirements.

When working on-site the client will ensure the provider’s staff has timely access to appropriate client personnel and will arrange for the provider’s staff to have suitable and safe access to the client’s facilities and systems.

Should it be necessary for the customer to issue or allow Technopoly to use any password to access their systems for investigation or testing purposes then the customer must also be responsible for changing any login or passwords details after this work is completed.

7.2 TRAINING

As part of the purchase of one of our software systems, each customer may be allotted an appropriate amount of training during the implementation stage, or up to 90 days from the date of first installation.

At least one member of personnel will be designated as the “Super User” and trained in all aspects of the system including the administration module.

We ask that only a maximum of five Super Users are assigned logins to the My World customer portal.

In addition to training, each customer will appoint a My World Administrator, who may also be a Super User and will be provided with access to online resources and training media on the My World customer support portal.

If further users require training, it will be the responsibility of the Super User to pass these skills and knowledge onto their own staff.

After the implementation period if further training requirements are identified. It is the customer’s responsibility for additional personnel to request training via their respective Super User on a support ticket.

Once a training request has been received the support team will respond with a choice of available dates and times for the requester to agree to.

In order to maintain the integrity of the client’s data, the client will ensure that all personnel who work on their live system are adequately qualified and have received suitable training.

Technopoly may refuse to respond to users who have not received adequate training and suggest to their Super User that additional training may be required.

Additional training required after the implementation phase has expired can be requested on My World and may be subject to charges. Any charges will be declared in advance.

Training Cancellation Policy

When booking in training sessions please be aware of the following:

Once you have booked an appointment with us it means that we have reserved time in our schedule exclusively for you. If you cancel your appointment/ training session less than 24 hours before it is scheduled to take place, we reserve the right to charge a cancellation fee.

To avoid a cancellation fee, please ensure that you provide cancellation notice at least 24 hours prior to your appointment. Cancellations can be made via email or phone. We understand sometimes cancellations cannot be avoided, but we do require as much notice as possible, so that our resources can be rescheduled to other tasks.

If a training session is cancelled on more than one occasion we will charge for each session that is cancelled as above.

Technopoly Limited reserves the right to reschedule or cancel any scheduled appointments with less than 24 hours’ notice. A new appointment will be scheduled free of charge, subject to availability.

7.3 SUPPLY OF INFORMATION

The client is asked not to submit support tickets for information that is already available to them.

Prior to submitting a support ticket, the following actions must be reviewed:

• Ask your Super User. This person knows the system well and will most likely be able to resolve common misunderstandings with the operation of the software.
• Check the My World Manuals, FAQ’s and training videos. More often than not you can get a quick answer to your question in the documentation already available.
• Double-check your options and settings, if you cannot access your system then check your network connection first.
• Check with your IT company that the issue has not been caused by a hardware or software issue, or from any recent Server or network maintenance, power outage or potential hacking event, that may have impacted on your Technopoly software, especially security rights and web connectivity.

When submitting support tickets, customers should enter a title that accurately describes the problem or question. A clear and concise title will allow us to efficiently assign the request to the correct level of support and personnel and allow them to resolve the issue more quickly. Titles such as ‘Please help me’ or ‘It doesn’t work’ are unhelpful and will be assigned a low priority which may result in a delay when dealing with the request.

A clear and concise description is essential to a quick response. Information such as login details, what you were doing before the issue occurred, what was clicked and any screenshots of the actual issue being reported always helps. If we require additional details they will be requested, no action will be taken until we have assessed all the information required.

Customers should be aware that we cannot always give you a clear answer as to why the software or your system may have behaved the way it has, or how the issue may have been caused. The issue may be the result of a wide range of factors including, network loading and server performance, internet speeds, responsiveness of any third-party software as well as unusual or particular user actions.

7.4 COURTEOUS AND RESPECTFUL BEHAVIOUR

Please be polite and courteous and appreciate that we want to work with you to resolve any and all issues.

The provider operates a Zero Tolerance policy to any kind of abuse to its staff. This includes the excessive use of any bold capital letters or red formatting of text in emails or any other form of abusive slang or language. This will be deemed to be an abuse and we may refuse to respond to any such support tickets.

If during any phone conversations the client or their staff use raised voices or become verbally abusive or use insulting or derogatory language, which may be construed as bullying or coercive, then the providers’ staff will notify the person being spoken to, that the conversation will be terminated until such time as the clients’ staff are prepared to continue in a reasonable and constructive manner. They will terminate all such conversations or report any such abuses they receive to the provider’s directors who will then escalate the incident to the client’s directors for discussion and resolution.

7.5 PROCESSING AND AUTHORISING OF INVOICES

The client undertakes to process and settle invoices by the due dates agreed on their signed agreement or written Terms of Supply.

Technopoly does not normally operate a policy to withhold service or to refuse the issue of licence codes for late or non-received payment, without first having provided ample notice and only after exhausting all reasonable steps to secure payment or to have agreed revised payment terms.

However, as a last resort, the provider reserves the right to do so and their End User Licence agreement details the terms for the termination in this and other respects.

8. QUALITY POLICY

8.1 QUALITY OF SERVICE

Technopoly warrants that all services will be performed in a professional, workmanlike and courteous manner consistent with industry standards reasonably applicable to such services.

Technopoly operates a process of continuous improvement in all aspects of its products and services.

Technopoly operates all of its internal and external service procedures in line with the requirements of ISO 27001

9. SYSTEMS, SECURITY AND DISASTER MANAGEMENT

9.1 SHARED RESPONSIBILITY

The following sections discuss the various ways and options for Technopoly Software Solutions to be hosted. Whichever option is chosen and agreed upon, it is up to each party to service and support, as per any agreement, their own part of the system, network, software, third party links and other supplier or participating suppliers, customer or partners.

In this respect it is important that all parties understand that because of the complex nature of systems, servers, networks and external hosting platforms, software versions and releases, access to the Internet, by whatever means. Consideration should also be taken to understand that the very nature of increasing threats from Cybercrime activities mean that whilst all possible precautions may have been made, that it will be inevitable that issues may arise during the course of any agreement.

It must be understood by all parties that it is important in such circumstances, that all parties endeavour to work together to resolve any issues and so protect the customer to the best of each of their abilities. This shared responsibility ethic will be essential for the timely and most economic resolution of any issues so arising.

The need to secure a shared responsibility solution for the customer must be the paramount consideration of each party involved with a modus operandi of

“Solve the issue first, then discuss how it happened later, so that lessons may be learned and new actions agreed for the future."

9.2 CLIENT HOSTED SYSTEMS

Clients may agree and arrange for any systems to be hosted on their own internal servers and networks. Alternatively they may agree and choose to have their systems hosted by an extrernal Third party provider ANS or otherwise. Whichever is the case, the client is responsible for ensuring that their systems and software meet the requirements published on the My World site - https://technopoly.uk/software-system-requirements

Other than the requirements above, Technopoly will not be bound to make any recommendations, nor be liable for any advice they may choose to offer during the course of any discussions. It is the customer’s sole responsibility to approve any changes or additions to their systems and to notify Technopoly in advance of any such changes. Technopoly shall not be responsible in any way for any costs incurred from any changes that the customer has sanctioned or carried out to their hardware or software systems.

The client must provide an appropriate broadband connection and bandwidth capability to ensure effective video and speech communication for the purposes of online operations including support, diagnostics, training or timely upload and download operations, for any web sites being hosted on their behalf by the provider.

The client must maintain their system to ensure that all relevant updates and service packs as appropriate are loaded.

The client must provide and keep updated any anti-virus protection, in addition to any spyware protection, that may be required on their server’s and PCs.

The client must undertake to report any virus or other attacks that may have occurred to the provider so that the provider can take any appropriate actions.

The customer will conduct regular security and disaster assessments and if requested, will agree to supply a copy of these to the provider.

The customer will be responsible for any penetration testing by any competent and approved third party provider and all costs relating to these.

If the customer is not able to meet these requirements above in full, Technopoly may refuse to provide support until such time as the customer provides a timely remedy to such.

9.3 ACCESS TO SYSTEMS

The client is to ensure that the provider’s employees are given necessary access to all relevant software and systems in order that the services and support may be delivered and maintained in accordance with the terms of this agreement. (See 7.1 above)

9.4 COMPLIANCE WITH CLIENT SECURITY POLICY

In the event that the client operates formal security policies, the provider will ensure that its employees are made aware of such policies and will also ensure on-going compliance with these policy statements. The client will provide up to date information on its security policies and will keep the provider informed about any changes to these policies.

9.5 THIRD PARTIES

It is not the policy of the provider to directly liaise with any third parties unless by prior arrangement with the customer, and only then following their formal request and agreement.

The provider will charge for any work or resource time in this respect using pre-paid support hours as per these terms.

The provider reserves the right to refuse direct interaction with any third parties, whom they feel may compromise their ability to supply the customer, or who in the opinion of the provider may compromise the competitiveness of the provider.

It is the responsibility of the customer to ensure that any third party engaged to liase with or to do work with the provider will agree to be bound by these terms and in addition to sign any Non-disclosure or Confidentiality Agreement that Technopoly may require.

It is also the responsibility of the customer to ensure that any links or applications that may be developed for the customer by any third party must not be sold on or transferred to any other company, partner or prospect in whatever form that may take. Please refer to our End User Licence Agreement.

9.6 INFORMATION AND DATA SECURITY

9.6.1 BY THE PROVIDER

Technopoly will manage information and data security with reasonable efforts to restrict unauthorized access. The supplier will make best endeavours to ensure that its employees and representatives are fully aware of the risks associated with information and data security issues.

Technopoly will never request passwords via e-mail and such requests should be denied by the client.

Any and all information held by Technopoly that relates to our clients is held in the strictest of confidence. We will not knowingly divulge or disclose any information about any of our clients to anyone without prior consent or approval by a company director.

All data held on our local systems is protected by standard password security policies and where applicable end to end Encryption.

The provider may agree to sign any Non-Disclosure or Confidentiality Agreement with any client, provided that this does not infringe their rights to improve and benefit from any product improvement that may have been made for any client, and that the terms of such an agreement do not place any undue burden on them.

For more details regarding our online privacy policies please review our ‘privacy policy’ documentation available online or by request.

9.6.2 BY THE CLIENT

Under no circumstances must any customer reveal, give out, pass on or divulge their My World login or password to any other customer or third party.

My World may contain potentially sensitive commercial information and it is everyone’s duty to ensure that strict confidentiality is maintained.

If any customer becomes aware of any suspected breach of this nature, they must report it immediately to the Support team, who will issue new logins or reset their own password with regular frequency.

9.7 DATA BACKUP

9.7.1 SYSTEM DATA

All clients have a responsibility to ensure they have an appropriate backup and recovery policy in place for both their systems, documentation, images and accounts data.

For their own business security and to facilitate early recovery from any disaster scenario, we strongly recommend that clients must ensure that their backups must be done on a daily basis and a FULL COPY OF EACH DAILY BACKUP KEPT OFF SITE.

Further to this we also recommend that they do a sample restore of a back up data at least once per year.

Whilst Technopoly may, with the customer’s consent, take back up copies of a customer’s system for diagnostic and testing purposes It is not the responsibility of Technopoly to be relied on for such backups.

Any back ups taken will be erased once testing or the purpose for the back up has been completed.

10. TECHNOPOLY HOSTED SERVICES

Our web services and hosting provider is ANS Group Limited (hereafter referred to as “web host”). Where applicable these terms will be inclusive of and subject to the terms and conditions of our web host.

As standard, any web portal, or web browser application, or associated Remote Desktop logins provided, will be hosted on a shared Virtual Machine Environment at ANS. Hosting and any associated application storage and licence fees will be agreed and invoiced as part of the annual licence or monthly licence payments as agreed.

Any dedicated full server Virtual Machine hosting will be provided by separate agreement and costs.

The provider will deliver all normal day to day and emergency support services as set out in these terms. Access to all online web hosting services will be subject to the provision of third-party hosting and support services by our web host.

10.1 DOMAINS

Clients may retain control of any domain registrations required to access any of our web applications. Support services that require modifications to be made to DNS settings are subject to the client making the necessary changes correctly and in a timely manner.

Where the provider manages domains on the client’s behalf, the provider will make all necessary DNS changes where required. These will be charged for.

Domains registered by the provider on behalf of clients can be transferred away on request. These requests will be handled under general chargeable support.

Additional domains or subdomains can be registered to any of our web applications on request

10.2 TLS

It is compulsory that all hosted web applications use encrypted TLS to protect every domain linked to any provided web applications.

By default, each web application will require a minimum of one security certificate, the cost of this will be applied to the client’s annual license fee.

For each additional domain that is requested or required, an additional security certificate will also be required with additional costs added to the license fee.

Due to I.P. limitations all our hosted web applications use a shared security certificate by default. A request for an independent certificate can be made at an additional cost.

10.3 FAIR USE POLICY

The provider offers a limited data policy for both database storage and web application storage. The amount of storage provided will be detailed in any agreement and subject to further charges should the limits be reached. The provider will carry out routine maintenance and optimizations on both services and if it is deemed an application or database is using storage in excess of its requirements and the providers limits, or additional agreed limits, then the provider will first make a request to reduce the storage space or file size of stored data, or to increase the capacity required by agreement to any such additional charges.

10.4 SECURITY

Clients are to ensure their customer data and access to the system is monitored and controlled by them in compliance with these terms. Clients are to handle and manage all data in accordance with legal requirements and data protection and are responsible for its content.

If there is a threat of vulnerability that could have a negative impact on our hosting systems or services, then the provider reserves the right to temporarily suspend any affected services until remediation has taken place.

The right to suspension is absolute and necessary to protect hardware, proprietary software, services, other clients and to comply with legislation. Suspension supersedes all other agreements in place regarding up-time and will only be implemented in circumstances where a harmful impact is imminent or present.

10.5 FTP ACCESS

By default, client access to websites and web applications is disabled. On request FTP access to any site linked to the client’s data can be offered, either isolated or in full. The client takes full responsibility for any issues arising from this service and its use by themselves or from any other third party using it.

10.6 BACKUPS

Backups of web databases and all virtual machine environments are automated and managed by our web hosts ANS.

Web databases are backed up incrementally and can be restored to point in time. Where this is not possible the nearest incremental backup can be provided. Database retention is seven days.

The provider offers these backups as a contingency, however in the result of disaster the ultimate responsibility will be with the client and web host and the provider cannot be held responsible for loss of data outside of their control.

Any request to restore back ups and any costs associated with such tasks will be chargeable.

10.7 CLIENT DISASTER RECOVERY

We recommend all clients have an applicable disaster recovery plan in place that is regularly updated and managed.

10.8 SUPPLIER DISASTER CONTINGENCY

The provider has a disaster and succession plan in place and this can be provided to any customer on request.

In the event that the customer has a disaster or event resulting in their systems being destroyed or put beyond use, the providers team may offer, subject to agreement and costs, to provide a hosted application on their own servers, or servers provided by their hosting partner, provided that backup copies of system and accounts data can be provided.

11 INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION

11.1 INTELLECTUAL PROPERTY RIGHTS

Both parties acknowledge the intellectual property rights of the other party whether registered or not.

11.2 CONFIDENTIALITY

Unless obliged by law both parties agree to keep confidential all information concerning the other party’s business or its ideas, products, customers or services that could be considered to be “confidential information". “Confidential information " is any information belonging to or in the possession or control of a party that is of a confidential, proprietary or trade secret nature and that is furnished or disclosed to the other party. Confidential information will remain the property of the disclosing party and the receiving party will not acquire any rights to that confidential information.

11.3 SYSTEMS AND SOFTWARE COPYRIGHT

Further to the clauses 3.2 a), b), c), d), e), f), g), contained in the providers End User Licence Agreement outlining the limitations of use. The client, whilst complying with these statements and actions, must also ensure that every reasonable effort is made to ensure that the copyright of the system design, screen layouts, reports and all documentation provided to them as part of the product systems, is not divulged to any other third party or persons who may be deemed to be a competitor of the provider. Neither must they pass on any design or other material in whatever form to any such party for any other purposes that may be deemed a breach of confidentiality and or copyright.

12. LEGAL COMPLIANCE AND DISPUTE RESOLUTION

12.1 INFORMAL DISPUTE RESOLUTION

All systems are provided subject to these Technopoly Terms.

Acceptance as detailed in Section 2 is implied and accepted by all customers as part of their signed order form or signed terms of the supply agreement.

All disputes will be subject to these agreed Terms.

Technopoly has a strong initiative to create and maintain high levels of customer care. All dispute requests will be investigated impartially and followed up in a timely fashion

12.2 DISPUTE ESCALATION

We will consider any dispute requests valid if the concern breaches in any way the level of service outlined in this agreement.

If for any reason the customer feels dissatisfied with any actions or conduct, then an attempt to resolve the dispute should initially be done so with the person dealing with your query or support ticket.

If you feel that the member of Technopoly personnel has dealt with or is unable to deal with your concern in an appropriate manner, then your concern can be escalated from the support team member who is dealing with your request to the appropriate product development manager. You can escalate your request by sending an email to info@technopoly.uk, or by writing to us noting in the detail of your dispute and actions that have taken place to your dissatisfaction. Please be aware that an escalated request cannot always be responded to immediately and time for investigated is required. The customer should allow a minimum of 24 working hours for a response to be submitted. If you do not receive a response within this timeframe a follow-up call would be appropriate.

The submitted request should be polite and relate only to the facts. Opinions are subjective and do not always reflect the truth of the matter.

If a remedy cannot be satisfactorily agreed upon, then the issue will be escalated to be investigated by a company director.

It is not the policy or intention of Technopoly to discontinue the service provided by the system to any customer. The Technopoly directors will make every reasonable effort and any extra special efforts required to personally resolve any issues to the satisfaction of their customer.

12.3 LIMITATION OF ACTION

Neither party may bring proceedings more than 6 months after the actual event occurred except for proceedings for non-payment.

12.4 LIMITATION OF LIABILITY

We cannot give any absolute guarantees for the timings to respond to and complete any support tickets, nor can we accept any liability or consequential costs or losses for any actions relating to the initial support ticket or resolution of a support ticket, or from any incidental consequences occurring prior to or during customer trials and testing or use thereafter.

The customer is solely responsible for giving their authorisation for a Go Live decision, either during or at the end of the initial implementation period, or for any subsequent updates, or for any new module developments, or for the introduction of any third-party links or Punch outs etc.

If the provider or one of its staff feels that any additional or further customer testing or any additional settings or configurations are required, prior to going live, and they advise such to the client, either verbally or in writing, then we would expect the client to agree and comply with such a request.

The provider will not be responsible for any consequences or damage to the system or the client’s reputation if, for whatever reason, the client fails to take such advice, or decides to short cut any testing of special developments or new modules. The provider will always try to work with the client on any such newly introduced elements and try to ensure that testing is completed to a satisfactory level.

If the provider requests help to import data provided by the customer, or decides to import data using any of the inbuilt data import facilities, then it is the responsibility of the customer to ensure that any data supplied to the provider is checked by them and meets any criteria set by the provider. In the case of any personnel data the customer must ensure that this data has been approved for release and transfer to the provider by their respective customer and furthermore that all data so provided meets any GDPR laws and requirements.

The provider reserves the right to ask the customer to sign any disclaimer to cover any requests for delays or non-compliance with any of their requests that may be made by the provider in respect to any of the above situations.

The provider is not responsible for any damages caused by the failure of the client or its affiliates or other suppliers to perform their responsibilities. The limitation of liability included in this section will survive this agreement.

13. LICENSING AND TERMINATION

13.1 SOFTWARE LICENSING

Depending on the payment plan agreed for the first year, the customer will be issued with a licence key. This is a date-sensitive code that is used to control customer access to their system. This can also be used as a form of staged licence fee payments. Customer care will keep a record of all licences and issue new ones before they are due. These may be issued manually as an email containing the code, or by phone, or automatically via the Internet.

On the anniversary of the receipt of the agreement and completion of the first payment if a staged payment has been agreed, the annual licence will be renewed for a further 12 months. On receipt of payment, a new licence key will be issued for the payment period agreed.

At the time of renewal, the customers’ system may be eligible for an update if the current release has been updated. The customer may be given this option and may decide to continue with their existing version if they wish. They will then receive a licence to use the software and access to My World Portal for another 12 months or less if a termination has been agreed.

13.2 TERMINATION AFTER INITIAL AGREEMENT

This agreement will commence at the date on the signed agreement. The customer then has a 10 working day cooling off period, from the date on the signed agreement in which they may rescind their signed agreement and terminate this contract. If the customer has paid a deposit either before or within the ten working days cooling off period, this may be refunded within 30 days on request and will be subject to a contract cancellation fee. If the customer has signed the agreement and paid their deposit and the system is installed within the 10 day cooling off period, then the agreement and contract cannot be cancelled.

Thereafter and unless specified otherwise this will be for an initial period of 12 months. This agreement will be automatically renewed annually for successive one-year periods unless notice is received 180 days before such annual expiry date.

The supplier will provide to the client written notice of any price changes due to take effect.

13.3 TERMINATION FOR CONVENIENCE

Either party may terminate this agreement at any time by giving 180 days written notice to the other party.

13.4 TERMINATION FOR CAUSE

If either party fails to perform its obligations under this agreement and does not, within 30 days of receiving a written notice describing such failure, agree to take measures to cure such failure, then this agreement may be terminated.

13.5 PAYMENT ON TERMINATION

In the event of termination of this agreement for any cause, the client is still contractually bound to continue to pay the supplier up to the effective date of termination of any current annual licence, without refund and for any fees or expenses due for services delivered up to that date.

The client is also contractually bound to pay the supplier in full the remainder of any outstanding instalments for licence fees that where agreed at the time of the signed agreement. Our software licence is an annual fee and termination of this contract early does not detract from the initial sum agreed upon.

13.6 TERMINATION ON BREACH OF EULA

Termination may be actioned if the providers EULA terms are found to have been breached. In which case the termination period will be as set out in the EULA.

13.7 TERMINATION TIMESCALES

All of the conditions and restrictions of these terms, service level agreement and EULA will continue to apply to the client for a minimum period of 12 months following the date of termination.