SUPPORT T&Cs MT 1.0a

THESE ARE THE SUPPORT TERMS AND CONDITIONS (HEREINAFTER THE “SUPPORT T&CS”)  REFERENCED IN THE PRINCIPAL AGREEMENT AND TO WHICH THE CUSTOMER AGREES IS IT BOUND.

1. INTERPRETATION
The following definitions and rules of interpretation apply in these T&Cs:
1.1. Definitions
Business Day: Any day other than a Saturday, Sunday, public holiday or national holiday in Malta.
Bluefort Employee: The employee(s), agent(s) or subcontractor(s) used by Bluefort for the provision of the Services.
Bluefort Representative: Means the person identified by Bluefort in the Principal Agreement.
Change Request: Any written request from the Customer (or from Bluefort) to provide new or additional services that fall outside the scope of the agreed work. This includes situations where a support call reveals a need for new functionality, significant reconfiguration, or other changes requiring extra effort. A Change Request must be documented and approved by both Parties before any out-of-scope work is undertaken, and may result in adjustments to costs or timelines.
Customer: The entity purchasing a Support Package from Bluefort.
Customer Representative: Means the person identified by the Customer in the Principal Agreement.
Confidential Information: Information that is proprietary or confidential and is either clearly labelled or identified as such, or otherwise clearly acknowledged by any Party as being Confidential Information. For the avoidance of doubt, Confidential Information shall include, but is not limited to, the contents of the Principal Agreement and of the Services, the business affairs and/or business operations, business plans, contracts, customers (including customer lists), drawings (technical or otherwise), inventions (irrespective of whether the foregoing are patented), know-how, machinery, presentations of information, methods of doing business, methods of manufacturing, organisation, suppliers, trade secrets of either of the Parties.
Support Package: The scope of support services purchased by the Customer, as detailed in these Support T&Cs and/or the Principal Agreement.
Support Term: The mandatory or otherwise agreed-upon duration for which the Customer must retain the Support Package.
Support Call: Means any request from the Customer for assistance or resolution of issues within the scope of the purchased Support Package. These are:
• Break/Fix Support: Troubleshooting errors or system malfunctions that prevent or impede normal usage.
• How-To Guidance: Helping users understand or navigate existing features or functionalities.
• Minor Administrative Tasks: Simple, non-project-intensive tasks (e.g., creating new user accounts, setting up permissions, resetting passwords).
Requests that require significant configuration, customization, or expansions beyond routine usage (e.g., adding custom features, large-scale data migrations, or complex reconfigurations) fall outside the definition of a “Support Call” and are handled through a separate agreement or the Change Request process, as stipulated in these Support T&Cs.
Incident: Any issue, inquiry, or problem reported by the Customer related to the supported software or system.
1.2. Clauses, schedules and paragraph headings shall not affect the interpretation of these T&Cs.
1.3. A ‘person’ shall include an individual, corporate or unincorporated body (whether or not having separate legal personality), and that person’s legal and personal representatives, successors or permitted assignees.
1.4. A reference to a ‘company’ shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of the Principal Agreement.
1.8. A reference to ‘in writing’ and/or ‘written’ shall include registered mail and/or electronic mail (e-mail).
1.9. References to ‘clauses’ and ‘schedules’ are to the clauses and schedules of these T&Cs.
1.10. Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. SUPPORT PACKAGES
2.1 Overview: Bluefort offers the following primary Support Packages for Dynamics 365 Business Central and Subscription Management (or other software specified in the Principal Agreement). Each Support Package includes a defined set of features and limitations:
1. Starter
• Up to 3 full users
• 2 support calls per mont h
• Unlimited standard break/fix calls
• Annual business review
2. Advanced
• Up to 10 full users
• 3 support calls per month
• Unlimited standard break/fix and how-to calls
• 1 day of free consulting per year
• 5% discount on ad hoc consulting hours
• Bi-annual business review
3. Elite
• Up to 20 full users
• 4 support calls per month
• Unlimited standard break/fix and how-to calls
• 2 days of free consulting per year
• 10% discount on ad hoc consulting hours
• Quarterly business review
2.2 Mandatory Support: Support is mandatory for the first three (3) years from either (i) the Go-Live date or (ii) the date of Package Delivery, whichever occurs first.
2.3 Downgrades & Upgrades:
i) Downgrades: The Customer may only move to a lower-tier Support Package at the start of a new support year, upon at least thirty (30) days’ written notice, provided the mandatory support term (if applicable) is respected.
ii) Upgrades: The Customer may upgrade at any time by paying any pro-rated difference for the remainder of the current support year.
3. SCOPE OF SUPPORT
3.1 Included Services: Subject to each Support Package’s features and limitations, the following are typically covered:
• Break/Fix Support: Resolving issues caused by standard Microsoft product functionality errors.
• How-To Support (where applicable): Guidance on using the supported system’s out-of-the-box and/or packaged features.
• Business Reviews: Periodic reviews (annual, bi-annual, or quarterly) to discuss system usage, upcoming enhancements, or pain points.
• Consulting Days: Certain packages include a set number of consulting days/hours free of charge.
3.2 Exclusions: Unless otherwise stated in the Principal Agreement, support excludes:
• On-site services (unless specifically agreed in writing).
• Customizations or modifications that go beyond the standard or originally delivered functionalities—these may require a separate agreement or Change Request.
• Third-party software or Microsoft-specific outages or incidents that are outside Bluefort’s direct control.
• Resolution of issues caused by the Customer’s negligence, misuse, or alterations made by any party other than Bluefort.
3.3 Additional Services: Any services not explicitly stated as covered, such as major customizations, changes to core system logic, or newly requested functionalities, will be handled outside of the Support Package scope through either an ad hoc service order or a Change Request process.
4. SERVICE LEVELS & RESPONSE
4.1 Response Times: Bluefort will use commercially reasonable efforts to respond to support calls/incidents within the timeframes outlined in the relevant Support Package or within the Principal Agreement. Actual resolution time will depend on the complexity of the issue and available resources.
4.2 Support Channels:
(a) Starter and Advanced: May include phone support, email support, or ticketing system, as indicated in the Principal Agreement.
(b) Elite: Includes priority access to phone/email/ticketing channels and may allow for faster response times.
4.3 Incident Handling: The Customer is responsible for providing detailed information regarding any reported incident (e.g., screenshots, steps to reproduce, error logs). Insufficient details may delay resolution. The information the be provided by the customer with each incident is at least:
o The environment(s) where the issue occurs (e.g., PROD, UAT, BLD)
o Specific records causing the issue (e.g., customer number, PO number, project number)
o Full wording of any error messages received.
o Screenshots related to the issue, along with the URL part of the browser
o Identification of the user(s) experiencing the issue
o Reproduction steps and telemetry details for the reported issue
5. FEES & PAYMENT
5.1 Support Fees: All support fees are outlined in the Principal Agreement. Unless otherwise agreed in writing, support fees are typically invoiced annually in advance.
5.2 Payment Frequency & Direct Debit:
5.2.1: Annual Invoice (Default): By default, the Customer will be invoiced annually in advance for the relevant support term.
5.2.2: Monthly Direct Debit (Optional): If both Parties agree in writing, the Customer may pay on a monthly basis via direct debit. In such cases:
(a) The agreed monthly amount shall be debited from the Customer’s account on the last business day of the month , as stated in the Principal Agreement or other mutually signed documentation.
(b) The Customer is responsible for ensuring that sufficient funds are available on the direct debit date to avoid any interruption to the support services.
5.3 Automatic Renewal & Applicable Pricing:
5.3.1 Renewal Term: At the end of the initial term (including any mandatory period), support shall automatically renew for consecutive renewal terms unless the Customer provides prior written notice of cancellation in accordance with Clause 6.
5.3.2 Pricing Upon Renewal: The then-applicable support fees in effect at the time of renewal will automatically apply for each new renewal term. The Customer will be notified of any changes to pricing before the renewal date.
5.4 Late Payment & Remedies:
5.4.1 Late Payment: If the Customer fails to pay any support fee when due—whether annual or monthly—Bluefort may exercise any rights or remedies available under the General T&Cs or Applicable Law.
5.4.2 Service Suspension: Failure to settle overdue amounts may result in the suspension or termination of support services.
5.4.3 No Set-Off: All amounts due under these Support T&Cs must be paid in full without set-off, counterclaim, deduction, or withholding, except as required by law.
6. TERM & TERMINATION
6.1 Mandatory Term: The initial mandatory support term is three (3) years from Go-Live or Package Delivery, unless otherwise specified in the Principal Agreement. The Customer remains liable for fees covering the entire mandatory term.

6.2 Early Termination: If the Customer terminates prior to the end of the mandatory term, it remains responsible for the full support fees due for the remainder of that term, unless otherwise agreed in writing.

6.3 Termination for Breach: Either Party may terminate the support services upon written notice if the other Party commits a material breach and fails to remedy it within thirty (30) days of receiving notice. Termination of support does not affect any accrued rights or obligations.

6.4 Effects of Termination: Upon termination or expiration:

(a) Bluefort may immediately cease providing support.
(b) Any unpaid fees remain due and payable.
(c) The Customer may no longer access any specialized support channels or related resources provided by Bluefort.

By purchasing a Bluefort Support Package and/or by continuing to receive support services from Bluefort, the Customer acknowledges that it has read and agrees to be bound by these Support T&Cs.

Version SMB_UK_SMBSUP1.0

Revision date: 23 January 2025