1. Object

Micro Consulting SA grants the Client a maintenance service relating to the Office Maker software (s)  (hereinafter the "Software"), against payment of the premium or monthly payment (cloud)  and for the annual or quarterly period defined in the invoice. Maintenance service  corresponds to the free availability of all major and intermediate update versions of the Software (hereinafter "Updates"), and to access to free telephone assistance, the scope and limitations of which are defined in point 3.

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2. Software Update

This Update Subscription Agreement entitles the holder to obtain free of charge, during the period covered, all Updates to the Software (s). The use of Updates is subject to the same conditions as for the versions originally acquired or rented (see Operating license agreement). Updates can be installed directly from the software but they can also be downloaded from Micro Consulting websites (www.officemaker.ch).

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3. Telephone support

Micro Consulting provides the Customer with a telephone assistance service, available every working day, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. This is a response service to ad hoc questions that can be resolved in minutes. Calls are received at the normal telephone rate and are not surcharged. This service may require, for better efficiency, the installation and use by the Customer of a remote maintenance program, without this being an obligation. Micro Consulting assumes the costs of the commercial operation of the remote maintenance program; the operation of said program is free for the Customer. Questions can also be sent by the “Technical Support” command in the Software, or by e-mail. An answer will be given as soon as possible. Micro Consulting does not guarantee immediate access or permanent availability of the assistance service, but does everything possible to ensure it in the best conditions.

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Free telephone assistance can only be provided on the latest version of the Software (s), or on a version less than one year old. The assistance service is intended to resolve problems relating to the day-to-day use of the Software, when the accompanying documentation is not sufficiently explicit or when an error message is encountered. The service provides guidance on how to deal with the problem but does not do the work for the Customer in its place. Where applicable, the Customer will be requested to refer to the documentation. Helpdesk is not a substitute for training. When the service requested by the Customer is outside the scope of free assistance, the intervention will be invoiced.  

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4. Amount of the annual premium 

The premium amount is included  in the monthly billed payments for the cloud version. In the event of purchase of the software, the amount of the annual premium for each of the Software is indicated on the list of public prices. The current list can be consulted on the Micro Consulting websites; it indicates the amount for a basic license. This amount is increased in the event of the acquisition of licenses for additional modules and / or positions, or any tailor-made adaptations. The amount of the premium may be readjusted by Micro Consulting on the occasion of the acquisition during the period of a different version of the Software (s) (upgrade), or additional modules, or adaptations to measure. Micro Consulting reserves the right, at each renewal of the contract, to adapt the amount of the premium according to variations in the selling price of the Software. The amount of the premium can also, in certain cases, be adapted according to the operating conditions, by prior agreement between the two parties. The amount of the premium and the period covered by this Update Subscription Agreement are those indicated on the accompanying invoice.

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5. Entry into force, period of validity

This Update Subscription Agreement comes into effect on the date stated in the accompanying invoice. It is concluded for a period of one year. It cancels and replaces any Contract concluded for the previous period. If the Contract is not concluded at the time of purchase, or if a previous Contract has been terminated, the Customer must first acquire the latest version of the software (s). The price of this upgrade is equivalent to the amount of the premiums that the Customer would have had to pay to have this (these) version (s) under the Update subscription contract. In the event of rental and operation in the cloud, the entry into force and the period of validity is defined by the  Cloud Service Agreement .

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6. Terms of payment, renewal, termination

The payment of the invoice corresponds to the tacit acceptance, full and complete, of the conditions of this Contract. The contract has a duration of 12 months and is tacitly renewed for the same duration from year to year. It can be canceled by registered mail by either party.  3 months  before it expires. In the event of non-payment on the due date of the invoice, MC does not provide any related services, except against invoicing at the prices and tariffs in force.  

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7. Activation key, Operating license

The acquisition of an operating license or the conclusion of a Cloud service contract  is embodied by the Activation Key, which is a code made up of a series of characters, delivered to the Customer after payment of the invoice or monthly installments.  The Activation Key is used to activate  normal, unrestricted operation of the purchased or leased version of the Software. The Customer undertakes never to transmit the Activation Key to a third party. A new Activation Key can be requested when installing an update. The Customer must ensure that he has a Subscription Contract for Updates in force on the date he installs the Update.

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8. Applicable law, place of jurisdiction

The terms of this Update Subscription Agreement are subject to the application of Swiss law. Any dispute arising from their interpretation or application will be submitted to the competent courts of the jurisdiction of Lausanne. If, for any reason, a court having jurisdiction invalidates, in whole or in part, one of the provisions of this Agreement, the other provisions remain applicable.  

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Valid from  25.10.2017

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