HomeTerms and Conditions of Service - TerraIndex

It is very important that the software is functioning optimally. Good service is therefore essential. You can read a description below of the service you can expect if you subscribe to TerraIndex.

Service Desk

The Service Desk can be reached by telephone on weekdays between 9:00 am and 5:00 pm, except on public holidays in the Netherlands. Outside these hours (9:00 am and 5:00 pm) and on (no more than) five working days that are yet to be decided (e.g. between Christmas and New Year), the Service Desk will provide limited cover on a special telephone number. This special phone number will be passed on via the answering machine if the Service Desk is closed.

The regular telephone number can be found on the website: www.terraindex.com. The service window is set at 8 business hours per day (9:00 am and 5:00 pm).

You can expect to receive an answer from the Service Desk as soon as possible after registering your query, but at least within 8 business hours. Either a solution or an expected time scale in which a solution can be expected will be offered.

Initially, the staff on the Service Desk will try to resolve the issue themselves using the accumulated “knowledge base” and the knowledge and experience they have acquired over the years. If a solution is not possible, your query will be passed on to a specialist who will examine it further. In most cases, your query will be addressed and resolved immediately, or at the very least, in the foreseeable future. If this is not the case, your query will be escalated in consultation. If corrective maintenance is required, best effort will be made to reach a suitable solution within the period indicated below:

• If the software becomes unusable, in whole or in part, we will use a time scale of 24 business hours after the query was received by us within the servicewindow
• If the software exhibits severe loss of functionality but still can be used, a time scale of 64 office hours after the message was received by us in the servicewindow will be used
• If the software displays harmful interference or defects, but can be used normally, the problem will be solved in the next regular release
• If a remedy is not immediately available for a fault, a temporary fix or workaround will be made available.

Faults that are caused by improper use of the software, modifications to the software environment, or failures caused by third-party hardware or software are excluded from the support offered within the maintenance. In consultation, a fee may be charged for resolving faults of this kind.

Maintenance Program

TerraIndex B.V. will take care of the corrective maintenance for the offered software.* In consultation with an active group of users, a decision will be made about the order of the cases that will be addressed first. Periodic releases offer improvements to the software. In so far as the software and databases are managed centrally in the datacenter chosen by TerraIndex B.V., updates will be carried out by TerraIndex B.V. TerraIndex B.V. is free to carry out updates within the agreed maintenance hours. Information will be provided prior to an update.

In case the software is running on the user’s equipment, TerraIndex B.V. shall ensure the user is provided with a clear procedure to perform the update themselves.

*As of January 1st, 2018, no corrective maintenance will be carried out on the software for the TerraIndex Handheld software.

Datacenter

The following is applicable for the service that we offer in terms of the datacenter:

• The service has a minimum annual uptime of 98%
• The maximum downtime is 8 hours per month for maintenance outside office hours
• The automated Back-up procedures take place on a 24-hour cycle and a history of 3 months will be kept
• Access to the software and the database is only granted to authorized users. Adding and deleting users will only be carried out by TerraIndex B.V. on request by persons appointed by the customer.

Escrow

The continuity for the management of the source code is guaranteed by the stichting TerraIndex (TerraIndex Foundation). The Foundation ensures the source code is given to a notary every year. In the event of the unexpected demise of the organization that has developed the software, the Foundation will take it upon itself to find a suitable partner that can continue to maintain the software.

Legal liability

Although TerraIndex B.V. has made every effort to deliver a well-functioning product, TerraIndex B.V. provides no guarantee on the software. TerraIndex B.V. has paid the utmost attention to the accuracy, completeness and usefulness of the information contained within the software. However, inaccuracies and omissions may occur.

TerraIndex B.V. accepts no liability for any damage suffered as a result of the use of, reliance upon, or actions carried out as a result of the data and/or opinions generated by the software. It is the responsibility of the software user to check the accuracy, completeness and usability of the data and/or advice generated by the software. The aforementioned restrictions shall not apply if the loss or damage is due to gross negligence or wilful misconduct of TerraIndex B.V.

TerraIndex B.V. accepts no liability for the data that the user places into the database, that violates or takes away the rights of third parties, or that violates any applicable law, including laws that protect privacy or that are related to (inter)national security.

Terms and conditions

The Nederland ICT Term and Conditions (CoC 30174840) apply to the service and maintenance offered. The Nederland ICT Terms and Conditions are the successor of the ICT ~ Office Conditions.