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 JSC, having its seat and management address in the city of Sofia 1407, 22 Zlaten Rog Str., floor 6, VAT number BG206336732, UIC 206336732 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" JSC 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 JSC 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. Subscription support, applicable for the period agreed in individual Subscription Support Agreement, concluded with Client;

1.3.2. 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 Subscription Support Agreement.

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 case types

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

  • Bug (Defect) Fixing
  • Consulting

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 event 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 Fixing” are 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 (fix) 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, Configuration Workbook, User’s Manual/Guide and in Acceptance Protocol for the ordered new functionality. 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.

3.3.3. In the event that the Client describes a bug, s/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(s). If 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.

3.3.4. 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 her/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.

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

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

3.4.2. The 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. The Consulting may take place in writing via e-mail communication, by telephone, online collaboration tools distant help or meetings in person. Regardless of how the consulting takes place, the Next Consult reports the time as “to be paid” with the corresponding case. The Client can at any time obtain report on the current number of consulting hours spent by Next Consult.

3.4.4. The Next Consult reports the time spent on Consulting as follows:

3.4.4.1. Telephone Consulting or distant help or Live Meeting Consulting– rounded on the basis of every 30 minutes.

3.4.4.2. If the meeting requires the consultant to travel to the Client’s offices, the time spent travelling (rounded as a multiple of 30 minutes) is added.

3.4.4.3. Every consultant or developer employed at Next Consult, who participates in the consulting reports the time spent.

3.4.4.4. Every consultant or developer employed at Next Consult, who participates in the consulting reports the time spent.

3.5. Change Requests

3.5.1. Each event related to a change in the CRM System logic and the way it operates adding new functionality/ies is considered a “Change Request”.

3.5.2. The Change Requests are excluded from any support agreements and are subject to additional negotiation with the Client.

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, the Next Consult informs the Client in a timely manner and instructs them on the steps to be taken for program errors or non-working functionalities (because of the upgrade) testing. The Client 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, the 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.

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 Client. Considering 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, the 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, the 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 Business Blueprint or Configuration Workbook documents. 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. The 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, the Next Consult shall notify the Client. If these are performed despite Next Consult’s warnings, the time needed for eliminating the problems that arose afterwards, will be reported as “to be paid”. In this case, the Next Consult has the right to unilaterally discontinue the Subscription Support Agreement.

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

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 – Consulting - 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. The 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 Client’s approval are transferred in the production environment.

7.2. Provided the Client is not paying any due under the individual Subscription Support Agreement amounts within the terms specified thereof, the Next Consult has the right to reject any support cases of type “Consulting”. Only support cases related to a “Bug Fixing” 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 with effect from 01.11.2022