Welcome to uTRAC. By using the Service via https://www.utrac.online or https://pro.utrac.online, the Customer and each of its Authorised Users agrees to be bound by these terms of service (the " Agreement") and all policies referred to in this Agreement, such as the uTRAC Privacy Policy, each as may be modified from time to time.
If you do not agree to the terms of this Agreement you may not use or access the Service.
1.1 This agreement ("Agreement") is between any person or entity which subscribes to the uTRAC Software Service ("Customer", which expression shall be deemed to include its Authorised Users unless the context indicates otherwise) and Beretangia Limited (trading as uTRAC), a company incorporated and registered in Ireland with company number 492253 whose registered office is at 24A Lower Abbey Street, Dublin 1, County Dublin, Ireland (" uTRAC" or "We") (together the "parties").
2.1 Please read the Agreement carefully. This Agreement, along with any other policies or guidelines posted on the Site, shall govern the Customer's (together with each Authorised User's) use of the Services, whether directly or through a third-party site.
2.2 By using the Services, the Customer represents and warrants that the Customer (or its duly authorised representative) has read, understand, has the legal capacity to, and the Customer hereby agrees to be legally bound by this Agreement.
2.3 uTRAC is permitted to make changes to this Agreement and any other policies or guidelines from time to time by notifying the Customer via the contact details provided by the Customer on the Site and/or by publishing the changes at the Site. Continued use of the Service by the Customer and/or its Authorised Users indicates that the Customer fully accepts the changes to the Agreement. Such modifications shall become effective immediately upon their being posted on the Site. Therefore, We encourage each Customer to check the date of our terms and conditions whenever the Customer visits this Site to check if they have been updated.
3.1 The definitions and rules of interpretation in this clause apply in this Agreement.
Access Rights: the access levels of permission to the information in and functions of the Services (including Customer Data) that is granted to each Authorised User by the Customer and which may be varied by the Customer for different Authorised Users.
Administrator (Admin): an Authorised User who has full Access Rights to the Services provided by uTRAC to the Customer, unless otherwise varied by the Customer.
Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services.
Back-Up Policy: uTRAC's data and software back-up policy as at Schedule 2 as may be amended by uTRAC in its sole discretion from time to time.
Business Day: any day which is not a Saturday, Sunday or public holiday in the Republic of Ireland.
Branch Admin: an Authorised User who has limited Access Rights to the Services provided by uTRAC to the Customer, which rights may be varied by the Customer and/or the Administrator, subject to the limitations set by uTRAC from time to time.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 12.5.
Customer Data: the data inputted by the Customer, Authorised Users, or uTRAC on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.
Employee Data: the personal data inputted by the Customer, , Authorised Users, or uTRAC on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services for legitimate HR purposes.
Entity: the Customer.
Effective Date: the date of the latter of acceptance of the Order by uTRAC and the acceptance by the Customer of these terms and conditions.
Event: any event, project or similar activity or occurrence logged in the Services by the Customer or an Authorised User (including by way of example but not limited to any concert, festival, performance, show or any other occasion).
Initial Subscription Term: the initial term of this Agreement as set out in the Order.
Manager: any paid license subject to the Customer's user limit; Admin, Operator, Scheduler, HR, Supervisor.
Manhours: the number of hours spent by each Staff Unit on a Task as recorded by an Authorised User through the use of the Services.
Monthly Minimum Base Charge: such minimum monthly charge as set out in the Order.
Normal Business Hours: 8.00 am to 6.00 pm local Irish time, each Business Day.
Operator: an Authorised User who has limited Access Rights to the Services provided by uTRAC to the Customer, which rights may be varied by the Customer and/or the Administrator, subject to the limitations set by uTRAC from time to time.
Order: such order for Services submitted by the Customer (whether via the Site or otherwise) which has been accepted by the Company and which shall:
(i) specify the form of Subscription Plan selected by the Customer;Pay As You Go Plan : a Subscription Plan which licences the Customer to use the Service for a set period (subject to renewal) and where a fee is charged relative to customer activity/usage. 'Pay as you go' fees can be calculated on usage parameters agreed between the customer and uTRAC.
Pay As You Go Fees : the fees for a Pay As You Go Plan as set out in the Order (including Monthly Minimum Base Charge).
Personal Data: any information accessible through the uTRAC software relating to an identified or identifiable natural person.
Renewal Period: the period described in clause 15.1.
Services: the subscription services provided by uTRAC to the Customer under this Agreement via www.utracsystem.com, utrac.online, utraconline.com or any other website notified to the Customer by uTRAC from time to time.
Site: utracsystem.com, utrac.online, utraconline.com and such other websites as may be notified to the Customer by uTRAC from time to time.
Software: the online workforce scheduling and deployment software application provided by uTRAC as part of the Services.
Staff Unit: a contractor, freelancer, worker, employee or other individual engaged by or on behalf of a Customer.
Staff User: an Authorised User who has limited Access Rights to the Services provided by uTRAC to the Customer, which rights may be varied by the Customer and/or the Administrator, subject to the limitations set by uTRAC from time to time.
Supervisor: an Authorised User who has limited Access Rights to the Services provided by uTRAC to the Customer, which rights may be varied by the Customer and/or the Administrator, subject to the limitations set by uTRAC from time to time.
Subscription Plan: means the price and level of Services selected by the Customer in an Order, which shall specify such plan as may be offered by uTRAC from time to time and which may be on either a Term Plan or Pay As You Go basis or such other basis as may be agreed between uTRAC and the Customer in an Order from time to time.
Subscription Term: has the meaning given in clause 15.1.
Support Services: the support services provided by uTRAC as set out in clause 6.3.
Support Services Policy: uTRAC's policy for providing support in relation to the Services as set out in Schedule 1 and as may be amended by uTRAC in its sole discretion from time to time.
Task: a task, job, position, assignment or other duty specified within an Event by the Customer or an Authorised User.
Supervisor (Team Leader): a supervising staff member that is an Authorised User who has limited Access Rights to the Services provided by uTRAC to the Customer, which rights may be varied by the Customer and/or the Administrator and/or an Operator, subject to the limitations set by uTRAC from time to time.
Subscription Term: has the meaning given to it in clause 15.
Term Fees: the set fee in respect of a Term Plan.
Term Plan: a Subscription Plan which licences the Customer to use the Service for a set period (subject to renewal), for a set fee and for up to the maximum number of:
(i) Managers;Usage Fees: the Pay As You Go Fees or the Term Fees payable by the Customer to uTRAC for the Services in accordance with the terms of the Customer's Subscription Plan.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
3.2 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement. References to clauses and schedules are to the clauses and schedules of this Agreement; references to paragraphs are to paragraphs of the relevant schedule to this Agreement.
3.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
3.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
3.5 Words in the singular shall include the plural and vice versa.
3.6 A reference to one gender shall include a reference to the other genders.
3.7 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
3.8 A reference to writing or written includes fax and e-mail.
4.1 Each Order shall specify whether the Agreement entered into between the Customer and uTRAC is either a Term Plan or a Pay As You Go Plan, together with such details as are required in respect of such Subscription Plan.
4.2 Where the Customer has selected a Term Plan:
(a) The Customer shall pay the Term Fee (which shall be a set fee as set out in the Order) in accordance with the provisions of clause 10.4.3 Where the Customer has selected a Pay As You Go Plan:
(a) The Customer shall pay the Pay As You Go Fee (which shall be made up of the Monthly Base Charge and a variable fee dependent upon the level of usage of the Services by the Customer (whether on a Manhour basis or otherwise) and as set out in the Order) in accordance with the provisions of clause 10.5.1 Subject to the Customer purchasing a Subscription Plan in accordance with clause 4, the restrictions set out in clause 4, this clause 5 and the other terms and conditions of this Agreement, uTRAC hereby grants to the Customer a non-exclusive, non-transferable right to permit the Authorised Users to use the Services during the Subscription Term solely for the Customer's internal business operations.
5.2 In relation to the Authorised Users, the Customer undertakes that:
a) it shall ensure that each Authorised User shall create a personal, non-transferable account which cannot be "shared" or used by more than one individual;5.3 The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;and uTRAC reserves the right, without liability to the Customer, to disable Your access to any material that breaches the provisions of this clause.
5.4 The Customer shall not:
a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:5.5 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify uTRAC.
5.6 The rights provided under this clause 5 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
6.1 uTRAC shall from the Effective Date until the termination of this Agreement in accordance with clause 15 provide the Services to the Customer on and subject to the terms of this Agreement.
6.2 uTRAC shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
a) planned maintenance may be carried out during periods of low user activity (usually outside of Irish business hours). uTRAC will use reasonable endeavour to give the customer at least 72 hours in advance.6.3 uTRAC will, as part of the Services, provide the Customer with uTRAC's standard Support Services. The Support Services will be provided during Normal Business Hours in accordance with uTRAC's Support Services Policy in effect at the time that the Services are provided. uTRAC may amend the Support Services Policy in its sole and absolute discretion from time to time.
7.1 uTRAC may process Employee Data controlled by the Customer for legitimate HR purposes. Subject to the terms of this Agreement, the Customer grants to uTRAC a non-exclusive, worldwide, right to use, copy, store, transmit and display Customer Data for the purposes of providing the Service.
7.2 The Customer shall own all rights, title and interest in and to all of the Customer Data and Employee Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of that Data.
7.3 uTRAC shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy. In the event of any loss, damage, deletion, destruction or failure to store Customer Data, the Customer's sole and exclusive remedy shall be for uTRAC to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by uTRAC in accordance with the archiving procedure described in its Back-Up Policy. uTRAC shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by uTRAC to perform services related to Customer Data maintenance and back-up).
7.4 uTRAC shall, in providing the Services, comply with the uTRAC Privacy Policy relating to the privacy and security of the Customer and Employee data on all uTRAC sites or such other website address as may be notified to the Customer from time to time, as such document may be amended from time to time by uTRAC in its sole discretion.
7.5 If uTRAC processes any personal data on the Customer's behalf when performing its obligations under this Agreement, the parties record their intention that the Customer shall be the data controller and uTRAC shall be a data processor and in any such case:
a) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the European Economic Area or the country where the Customer and the Authorised Users are located in order to carry out the Services and uTRAC's other obligations under this Agreement;7.6 uTRAC may run reports on the submission of Customer Data in order to determine common errors relating to data quality and in order to improve the Services. Such reports are generic and will not use personally identifiable Customer Data (unless specifically authorised by the Customer or Subscriber as applicable). Customer grants uTRAC the right to access and verify the data quality of the Customer Data as it is assessed by the Services for the purposes of generating such reports and to use the results of such reports in order to correct or improve the Services on an ongoing basis. uTRAC will use such reports only for internal purposes and treat any such reports as Confidential Information in accordance with clause 12.
7.7 Subject to the provisions of clause 7.2, uTRAC shall not be responsible for any unauthorised access to, or alteration of, transmissions or Personal Data, or any material, information or data sent or received, regardless of whether the data is actually received by uTRAC.
7.8 The Customer shall have the sole and exclusive responsibility to set, maintain and amend the level of Access Rights granted to each Authorised User and the associated permissions to view Customer Data. The Customer acknowledges and agrees that uTRAC shall have no responsibility for setting, maintaining or overseeing the Access Rights.
8.1 uTRAC undertakes that the Services will be performed with reasonable skill and care.
8.2 The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to uTRAC's instructions, or modification or alteration of the Services by any party other than uTRAC or uTRAC's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, uTRAC will, at its own expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 8.1. Notwithstanding the foregoing, uTRAC:
a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and other electronic communications, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8.3 This Agreement shall not prevent uTRAC from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
8.4 uTRAC warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement.
9.1 The Customer shall:
a) provide uTRAC with:10.1 The Customer shall pay the Usage Fees to uTRAC in accordance with this clause 10 and the terms of the Order.
10.2 The Customer shall on the Effective Date provide to uTRAC valid, up-to-date and complete credit card, direct debit or PayPal details or approved purchase order information acceptable to uTRAC and any other relevant valid, up-to-date and complete contact and billing details.
10.3 If the Customer provides:
a) its credit card, PayPal or Direct Debit details to uTRAC, the Customer hereby authorizes uTRAC to bill such credit card, PayPal or direct debit account in respect of the Usage Fees; and10.4 If uTRAC has not received payment within 14 days after the due date for the Usage Fees, and without prejudice to any other rights and remedies of uTRAC:
a) uTRAC may, without liability to the Customer, disable the Customer's password, account and access to all or part of the Services and uTRAC shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and10.5 The Customer's Usage Fees to uTRAC may be adjusted should:
a) The Customer update their account - Starter, Starter Plus, Core, Enterprise;10.6 All amounts and fees stated or referred to in this Agreement:
a) shall be payable in the currency in which they are billed or invoiced;10.7 Notwithstanding any other terms of this Agreement, uTRAC may require:
a) Payment in advance in respect of any Term Fees; and10.8 In order to verify fair usage of the Services, the Customer shall
a) permit uTRAC to audit use of the Services by the Customer from time to time in order to establish the manner of use of the Services by the Customer; and11.1 The Customer acknowledges and agrees that uTRAC and/or its licensors own all intellectual property rights in the Services. Except as expressly stated herein, this Agreement does not grant the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
11.2 uTRAC confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
12.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:
a) is or becomes publicly known other than through any act or omission of the receiving party;12.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
12.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
12.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
12.5 The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute uTRAC's Confidential Information.
12.6 uTRAC acknowledges that the Customer Data is the Confidential Information of the Customer.
12.7 This clause 12 shall survive termination of this Agreement, however arising.
13.1 The Customer shall defend, indemnify and hold harmless uTRAC against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Services, provided that:
a) the Customer is given prompt notice of any such claim;13.2 uTRAC shall, subject to clause 13.5, defend the Customer, its officers, directors and employees against any claim that the Services infringes any patent effective as of the Effective Date, copyright, trade mark, database right or right of confidentiality, and shall indemnify the Customer for any amounts awarded against the Customer in judgment or settlement of such claims, provided that:
a) uTRAC is given prompt notice of any such claim;13.3 In the defence or settlement of any claim, uTRAC may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement on 5 Business Days' notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer.
13.4 In no event shall uTRAC, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:
a) a modification of the Services by anyone other than uTRAC; or13.5 The foregoing states the Customer's sole and exclusive rights and remedies, and uTRAC's (including uTRAC's employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
14.1 This clause 14 sets out the entire financial liability of uTRAC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
a) any breach of this Agreement;14.2 Except as expressly and specifically provided in this Agreement:
a) the Customer assumes sole responsibility for results obtained from the use of the Services by the Customer, and for conclusions drawn from such use. uTRAC shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to uTRAC by the Customer in connection with the Services, or any actions taken by uTRAC at the Customer's direction;14.3 Nothing in this Agreement excludes the liability of uTRAC:
a) for death or personal injury caused by uTRAC's negligence; or14.4 Subject to clause 14.2 and clause 14.3:
a) uTRAC shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and15.1 Where the Customer subscribes to an Initial Subscription Term, this Agreement shall, unless otherwise terminated as provided in this clause 15, commence on the Effective Date and shall continue for the Initial Subscription Term and, thereafter, this Agreement shall be automatically renewed for successive periods equalling the length of the Initial Subscription Period (each a "Renewal Period"), unless:
a) either party notifies the other party of termination, in writing, at least 30 days before the end of the Initial Subscription Term or any Renewal Period, in which case this Agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; orand the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the "Subscription Term".
15.2 Where the Customer subscribes to Pay As You Go, this Agreement shall, unless otherwise terminated as provided in this clause 15, commence on the Effective Date and shall continue until:
a) either party notifies the other party of termination, in writing, giving at least [30 days] notice; or15.3 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement without liability to the other if:
a) the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or15.4 On termination of this Agreement for any reason:
a) all licences granted under this Agreement shall immediately terminate;16.1 uTRAC shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of uTRAC or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
17.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
17.2 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
18.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
18.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19.1 This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
19.2 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
20.1 The Customer shall not, without the prior written consent of uTRAC, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
20.2 uTRAC may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
21.1 Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
22.1 This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns.
23.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by registered delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by fax to the other party's fax number as set out in this Agreement.
23.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by registered delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
24.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of Ireland.
24.2 The parties irrevocably agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
25.1 SUPPORT SERVICES
Support shall include at a minimum the right for Customer to receive (and an obligation for uTRAC to provide) all of the following components for the duration of this Agreement:
a) A freephone telephone number and, in addition, an email account, which shall be staffed during Normal Business Hours, by individuals skilled in Software technical support matters;
b) Access to a Helpdesk website (https://utraconline.zendesk.com) that provides diagnostics tools, web-based case submission, how-to-guides and answers to frequently asked questions.
c) Email notification services for general support issues.
25.2 SERVICE LEVEL AGREEMENT
Support agents will endeavour to react to support queries raised in accordance to the severity of the individual incident or query. Severity gradings are wholly the preserve of uTRAC and its agents to be adjudicable.
a) Urgent Priority (System outages etc.) - 1hr response time & 1hr resolution time.
b) High Priority (Any issue raised that highly impacts on basic use of the system) - 1hr response time & 4hr resolution time.
c) Normal Priority (Any issue raised that limits use of non essential parts of the system) - 4hr response time & 48hr resolution time.
25.3 AMENDMENTS TO THIS POLICY
a) This Support Services Policy may be amended by uTRAC in its sole and absolute discretion from time to time.
b) The amended policy will be made available to the Customer by uTRAC online via utraconline.com.
26.1 GENERAL
a) Back-up procedures are essential to protect against the loss of uTRAC's data and software.
b) uTRAC's back-up data is a copy of live data and is kept only for the limited purpose of replacing other data in the event of loss, destruction or damage. It is not designed as a method of archiving material for extended periods of time.
c) In the event of a disaster uTRAC will endeavour to restore user files but does not guarantee retrieval. The responsibility for backing up Customer files remains with the Customer.
26.2 PROCEDURE
a) uTRAC will backup its database and files up every 4 hours with the use of tri-layer backup protocols, including physical backup, for data security and recovery.
b) uTRAC's back-up systems are designed to ensure that routine backup operations require no manual intervention.
c) Back-ups are stored in secure online and offline locations. A limited number of uTRAC's authorised personnel have access to the back-up application.
d) Any failed back-ups are re-run immediately the next scheduled interval.
e) Back-up data is available for restore within one hour of a back-up completing.
f) Full back-ups are retained by uTRAC for one month before being overwritten.
26.3 AMENDMENTS
a) This Back-up Policy may be amended by uTRAC in its sole and absolute discretion from time to time.
b) The amended policy will be made available to the Customer via this page.