SALESFORCE SUPPORT GENERAL TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS
FOR SUPPORT OF THE ENTERPRISE SOFTWARE SYSTEM
salesforce.com

 

1. General information

1.1. These General Terms and Conditions within the meaning of Article 298 of the Bulgarian Commercial Act are pre-established by  NEXT CONSULT OOD, having its seat and management address in the city of Sofia 1407, 76А James Boucher Blvd., Business Center Hill Tower, VAT number BG201058880, UIC 201058880 and set forth the terms and conditions applicable to all Agreements for provision of support services of enterprise software system salesforce.com concluded between "Next Consult" Ltd. and its clients. These Terms and Conditions are binding on our customers and form an integral part of the Individual Service Support Agreement for the Salesforce.com Business Software Management System, signed between Next Consult Ltd and Customer.

1.2. The support regulated by the General terms and Conditions and the respective individual agreement encompasses the services which Next Consult’s clients obtain after the sale/ deployment of the enterprise software system salesforce.com (further “the System”).

1.3. Pursuant to the individual agreement of each Client, one of the following three categories of support applies:

1.3.1. Warranty period support – applicable six (6) months after the acceptance of deployment of the enterprise software system salesforce.com;

1.3.2. Subscription (post-warranty) support, applicable for the period agreed in individual Subscription Support Services, concluded with Client;

1.3.3.  Services request, pursuant to a Purchase order, applicable in the absence of warranty or subscription support.

1.4. The support concerns only the functioning of the System and does not include consulting about issues pertaining to the functioning of the hardware or the computer networks of the Client. 

2. Communication rules

2.1. The client shall determine a “key user” who is authorized to create support cases in the electronic system and on the dedicated support email.

2.2. A support case could be registered through the following channel: via e-mail sent from the predefined key user authorized by the Client to the support e-mail address defined within the Support contract.

2.3. For each valid message received and registered in Next Consult support center, the Client receives a notification e-mail with a unique number attached to it under which the case is registered.

2.4. All communication is conducted with the number under which the case is registered until the case is closed.

2.5. Upon the solving of the case, it is closed and archived in Next Consult’s support center. The Client then receives an e-mail notification with the details about the closed case.

3. Support cases types

3.1. Each support case has a type. The types are as follows:

  • Bug (Defect)
  • Consulting
  • Change Request

3.2. The Client is obliged to separate the cases into logically discrete items and to avoid mixing various needs in a single case. In the case that this happens, Next Consult’s consultants may discontinue the case and ask the Client to separate it into two or more cases following the logic of the request.

3.3.  Conditions for Support cases of type “Bug” and applicable only for Clients benefiting from warranty or subscription (post-warranty) support

3.3.1. In these types of cases, the Client requests the need to correct an incorrectly functioning part of the System (bug).

3.3.2. A bug is everything that leads to an incorrectly functioning of the System according to what is described in Business Blueprint, User’s Manual, Acceptance protocol for the ordered new functionality or completed Change Request. A bug might only consist of an incorrect functioning of the already used functions without the need to make any change in their predefined logic.

3.3.1. In the event that the Client describes a bug, he should give clear directions to Next Consult about the actions that led to the emergence of the bug so Next Consult’s consultants can perform the same actions and obtain the same (as those described by the client) incorrect result. In the event that Next Consult’s consultants, after performing the actions the Client described, does not obtain an incorrect result but a correct one instead, then it is concluded that there is no bug.

3.3.2. A bug may be considered an incorrect functioning of the System as a result of issues in the Client’s operational environment such as: incorrect regional settings, installed anti-virus software that prevents the regular functioning of the System, the lack of user rights of a specific user in the operating system preventing his regular use of the System, the lack of free disk space, connectivity issues with the Internet and other issues of this sort that are external to the System but may impact its functioning.

3.3.3. A bug may not be considered a Client’s request that may in any way fall under the term “Change Request” as described below.

3.3.4. Next Consult, after making a detailed analysis of the described problem, reserves the right to change the type of the case from “Defect” to “Consulting” and report the time spent working as “to be paid” if it is determined that the declared issue is not a bug. If this happens, Next Consult is obliged to give a justification and detailed description why this decision was taken.

3.4.  Conditions for Support events of type “Consulting” applicable to all Clients

3.4.1. Consulting is paid at an hourly rate and within the time limits specified in the Subscription Support Agreement. Provided the Clients are use warranty support or have no support, prices and terms for the provision of the consulting are negotiated with Purchase Order for a Service Request. 

3.4.2. A consulting is the provision of information by Next Consult to the Client regarding how a particular issue can be solved or a particular task can be completed with the help of the System. For example, a task may regard how to correctly input the data for a certain type of deal or how to obtain the needed information for a reference.

3.4.3. Consulting is paid at an hourly rate and within the time limits specified in the Subscription Support Agreement. Provided the Clients are use warranty support or have no support, prices and terms for the provision of the consulting are negotiated with Purchase Order for a Service Request.

3.4.4. Consulting may take place in writing via e-mail communication or telephone, via distant help or meetings in person. Regardless of how the consulting takes place, Next Consult reports the time as “to be paid” with the corresponding case. The Client can at any time obtain information about what hours are reported by requesting from Next Consult a report with the time spent on consulting as of that point. 

3.4.5.  Next Consult reports the time spent on consulting as follows:

3.4.5.1. Telephone consulting or distant help – rounded on the basis of every 20 minutes.

3.4.5.2. Meeting consulting – rounded on the basis of every 30 minutes.

3.4.5.3. If the meeting requires the consultant to travel to the Client’s offices, the time spent travelling (rounded as a multiple of 20 minutes) is added. Transportation outside of Sofia is conducted after prior Client’s approval and can be negotiated additionally.

3.4.5.4. Every consultant or programmer employed at Next Consult, who participates in the consulting reports his time spent.

3.5. Conditions for Support events of type “Change Request”, applicable to all Clients:

3.5.1. Each need to make a change in the System’s logic and the way it operates is considered a “change request.” The changes may be:

3.4.1.1. Creating a new type of nomenclature, new business process, or new report.

3.5.1.2.  Adding or making a change in the logic of a column/field in the nomenclature, a task, or a report.

3.5.1.3. Adding or making a change in a filter towards an existing report.

3.5.1.4. Adding or making a change in the samples for printing of documents or in the graphic design of existing reports.

3.5.1.1.Adding an additional program logic in the form of system programming code, new objects, and automated procedures.

3.6. The Client is obliged to describe in a thorough and clear manner the change requested by sending an e-mail to the support e-mail address. In case of more than one Change Requests each of them should be described in a separate e-mail. Next Consult is obliged to become familiar with the requested change and present a statement to the Client whether it can be implemented. Next Consult has the right, before giving the statement on the desired change, to request from the Client various additional information aiming to eliminate the inaccuracies, uncertainties, and ambiguities in the Client’s description and the Client is obliged to give the additional clarifications.

3.7. If a request is considered to be feasible, then Next Consult can report the time spent on the case as “to be paid”. In contrast to the consulting in which the client is clearly aware of the time spent by Next Consult, when it comes to change requests, it is necessary for the consultants and programmers at Next Consult to work independently and as a result the Client has no objective idea how much time is spent. As a result, when the client describes the desired change in a case – if Next Consult believes, that the change will take more than an hour to complete, then it is obliged to declare either estimation of man-hours needed or a fixed sum and deadline for completion. After that, the Client must confirm in written form the start of the work on the Change request. The Client has the right to decline the requested change.

3.8. Change Request is paid at an hourly rate and within the time limits specified in the Subscription Support Agreement. Provided the Clients use warranty support or have no support, prices and terms for the provision of the change request are negotiated with Purchase Order for a Service Request.

3.9. After Next Consult completes a change request, it is mandatory to declare this in the final e-mail for closing the case. After the declaration, the Client has 10 calendar days to test and adopt the change request. The Client tests the changes and declares whether the task is completed through sending a confirmation e-mail. If the Client has not indicated its remarks about the newly introduced change request within that period the case is considered closed and the message is archived in Next Consult’s support center.

3.10. After Next Consult completes the introduction, it reports the entire time spent. Next Consult has the right to report in the time spent by employees in order to track it for its internal needs.

3.11.  After a change request is completed, every need for additional change is considered to be a separate change request and a new case is opened for it.

3.12.  Next Consult has the right to reject an after-sale support case in case the Client does not have a paid support subscription.

4. New versions of the System

4.1.      New versions of the System are released three times during the year and are offered by salesforce.com within the price of the license subscription. The new versions become automatically available for the Client after their official introduction.

4.2. Upon upcoming System upgrades, Next Consult informs the Clients in a timely manner and instructs them on the steps to be taken  for program errors or non-working functionalities (as a result of the upgrade) testing. Clients may instruct Next Consult with a separate Service Request to perform the testing and debugging and correcting of the non- working functionalities as a result of the update, under terms and conditions that will be agreed upon with a separate Purchase Order.

5. Access to the System and documentation

5.1.      In order to deliver the support services, Next Consult needs to have access to the Client’s system. Access can be given after it was requested either for a single case or for a defined period of time.
If, in providing services under these General Terms and Conditions, Next Consult processes Clients' Personal Data, this should only be done on the basis of written instructions given by the respective Clients. Taking into account the technical capabilities, the implementation costs and the nature, scope, context and purposes of the processing, as well as the risks with different probabilities and burdens on the rights and freedoms of the individuals whose data are processed, Next Consult shall apply appropriate technical and organizational measures to ensure a level of security of personal data received from Customers, corresponding to Clients’ instructions.

5.2. In order to perform its obligations on the support, Next Consult has to be notified about all changes in the functionality, structure, and interface of the System made by the Client.

5.3. The changes have to be described either as a supplement to the document Business Blueprint or as Change Request in the electronic support system. Next Consult has to be timely notified through the electronic system in both cases as well as given access for analysis of the changes upon request.

5.4. Next Consult has the right to treat the time spent on establishing the changes in the System performed by the Client and eliminating the problems that arose after these changes as “to be paid”, in case they are not registered in the above-mentioned manner.

5.5. If some changes registered in the System pose a threat to its proper functioning, Next Consult shall notify the client. If they are performed despite Next Consult’s warnings, the time needed for eliminating the problems that arose afterwards, will be reported as “paid”. In this case, Next Consult has the right to unilaterally discontinue the support agreement.

6. Reaction time conditions, applicable to Clients with Subscription (post-warranty) support

6.1. The reaction time and handling by Next Consult in these types of subscriptions are as follows:

6.1.1.  Priority 1 – Reported problem with the System that leads to its entire blockage: time for reaction up to 2 (two) hours or up to 2 (two) hours after the start of the next working day, as measured by the reporting time, depending on which comes first. Time for resolution of the problem – up to 8 (eight) hours

6.1.2.  Priority 2 – Reported problem with the System, which leads to a serious limitation of its functionality and cannot be temporarily resolved with additional workaround operations: time for reaction up to 4 (four) hours after Next Consult receives the e-mail; time for resolution of the problem – within 12 (twelve) hours, as measured by when Next Consult received the e-mail

6.1.3.  Priority 3 – Reported problem with the System, workaround exists: time for reaction up to 6 (six) hours the e-mail was received by Next Consult; time for resolution – within 24 (twenty-four) hours, as measured by when Next Consult received the e-mail.

6.1.4. Priority 4 – General questions and demands, related to the System and all issues arising during work with the System, but not mentioned in the previous three points: time for resolution of the problem – case-by-case evaluation.

6.2. Next Consult can guarantee the defined times for reaction and resolution in case of a bug only if the Client has concluded a Subscription Support Agreement.

6.3. As described above „hours” stands for hours during the regular working time of Next Consult, which are 9:00 am to 18:00 pm in official working days.

6.4. In case that the priority is established incorrectly by the Client, a Next Consult employee can correct it and notify the client, along with a detailed explanation why the priority has been changed.

6.5. If the resolution of a certain problem requires the use of salesforce.com support, that is the problem cannot be solved with means readily available to Next Consult, reaction and resolution times are those which salesforce.com determines in its Service Level Agreement (SLA).

7. General rules for the support

7.1. All changes in the system that Next Consult undertakes are made in a testing environment (Sandbox) and after the approval of the client are transferred in the productive environment.

7.2. Provided the Client is not paying any due under the individual Support Agreement amounts within the terms specified thereof, Next Consult has the right to reject any support cases of type “Consulting” and “Change Request”. Only support cases related to a “bug” will be processed by until a payment is received.

8. Amendments in the General Terms and Conditions

8.1. The present General Terms and Conditions are applicable towards the Client with their acceptance as of the date of conclusion of the individual Agreement for provision of support services of enterprise software system salesforce.com

8.2. These General Terms and Conditions may be unilaterally amended and supplemented at any time at the discretion of Next Consult. Any amendment to and / or addition to the General Terms and Conditions is published at the following web address https://next-consult.com/en/salesforce-gtc and notice is sent to Client(s) to the emails indicated in their individual Support Agreement. The amendments shall be binding for the Client(s) after the expiration of a period of 14 days from the date of notification to the Client of the changes and / or changes made, unless the latter has disputed them in writing. The current General Terms and Conditions should be reviewed by the Clients on a regular basis, they are available at any time to the Clients and third parties to the above-mentioned web address. Provided the Client is not explicitly notified under the terms above, the General Terms and Conditions shall be deemed accepted by the Client upon expiry of 30 (thirty) days of their publication at the specified email address.

 

These General Terms and Conditions are adopted and effective as of 30.05.2018

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