ELPROCAD Support Hours

Terms and conditions of contract

This appendix defines the terms and conditions for the purchase of the ELPROCAD™ Support Support Hours entered into between PROCAD Systems AB (556194−4991), hereinafter referred to as PROCAD and the Customer, as indicated on the invoice, upon PROCAD’s receipt and acceptance of the order from the Customer. The ELPROCAD™ software must be licensed in accordance with PROCAD’s instructions in force from time to time.

Scope of the Agreement

This agreement applies only to software supplied by PROCAD, either directly or through resellers.

In order for the agreement to be valid, the right to use the software according to the software license must exist.

Customer’s rights

The current Support Hours agreement gives the Customer:

Extended support and assistance as well as the possibility of more detailed questions and assistance on the functionality and use of the software. For example, customization of drawing forms and report templates can be made to better meet the company’s operations. To a limited extent, simpler questions regarding operating systems, printers, networks, etc. needed for the use of the software can be answered. The right to support applies only to the latest major version of the specific ELPROCAD™ software.

The Customer uses the support form on the PROCAD website www​.elprocad​.com to request support.

Customer’s obligations

In order for PROCAD to provide service, the Customer is obliged to:

The Customer shall, in addition to the usual information such as Service Agreement number, software versions, license numbers, etc. also provide a detailed description of the current support case and information about the Customer’s own efforts and assessments.

Files that are deemed to be useful to PROCAD in its evaluation of the case shall be attached, e.g. drawing files, projects and databases.

The customer understands that support cases not containing the above may be delayed.

Comply with the terms of the software license.

Check and prevent the computer, operating system, programs and data files from containing viruses, Trojan horses, etc.

Back up regularly according to generally accepted principles.

Follow the instructions contained in the software manuals and any instructions provided by PROCAD.

Install the latest version of the software to avoid and correct any errors (within a reasonable time).

Appoint one or two contact persons and ensure that they have knowledge of the software and are familiar with computers and their operating systems. The contact persons shall be responsible for contacts with PROCAD regarding all the Customer’s licenses.

Receive and, where appropriate, act on messages from PROCAD.

Provide PROCAD with current company information such as name, postal address, telephone number, organization or social security number (in the case of a sole proprietorship) and current e‑mail address.

Obligations of PROCAD

PROCAD is obliged to:

Normally provide support between 9.00−16.00 on weekdays without weekends with lunch closed 12.00−13.00.

Service is provided at PROCAD’s discretion via e‑mail, Internet or telephone.

Receive fault reports submitted via internet/​email 24 hours a day.

Limitations of PROCAD’s commitment

The agreement does not include training in the software or support that is equivalent to training.

Provide instructions as stated in manuals, help texts on the Internet or other media.

Actions on programs older than the latest major version of the PROCAD software.

Correcting errors caused by reasons beyond PROCAD’s control, such as power failures, operating system failures, hardware failures, driver failures, errors caused by viruses, trojans or macros.

Actions that must be taken due to the absence of a current backup.

Errors that have occurred, for example, due to careless handling or incorrect use are not covered by the agreement.

Making customer-specific adjustments to the product.

Prices and payment terms

The cost of a Support Hours agreement is paid in advance. VAT will be added. Payment terms are 30 days net. Interest on arrears is 1% per month. Services not covered by the agreement are charged to the Customer according to the current price list.

PROCAD reserves the right to adjust these prices through price increases. Adjustment is made according to the change in the Service Production Index (TjPI) Fixed prices, 62 software producers (2010 Q1 =100 as base month).

Assignment

It is not allowed to transfer Support Hours to a third party without written approval from PROCAD. The same applies if the Customer is merged or declared bankrupt.

Returns

Any return must first always be agreed with PROCAD. We normally accept returns of Support Hours until the invoice has been paid or use of the Support Hours has begun. PROCAD charges a fee for returns.

Force majeure

The Party’s undertaking applies with reservation for events beyond the Party’s control such as war, acts of terrorism, labor disputes, sabotage, fire, water damage, burglary, government intervention or similar that make it difficult or impossible for the Party to perform service or take measures.

Limitation of liability

PROCAD disclaims all liability for any personal injury, property damage or financial loss that may result directly or indirectly from PROCAD’s commitment under this agreement. Any compensation can never be greater than the fee paid for the software/​service. The same also applies in the event of operational disruptions, both planned and unplanned.

Confidentiality

Neither Party may disclose information protected under the Trade Secrets Act to any extent other than what is required due to changes in the law, decisions by the authorities, to be able to perform services under this agreement or if the other party has approved the procedure. The party undertakes to inform its employees and/​or consultants so that confidentiality is observed.

Breach of contract

If the Customer breaches the terms of this agreement, PROCAD has the right to terminate the Support Hours agreement with immediate effect.

Applicable law

The rights and obligations of the parties shall be governed in their entirety by Swedish law. In the event of a dispute regarding interpretation of the agreement or use of the software, the parties shall attempt to resolve the dispute by amicable settlement. If the dispute is not resolved in this way, the dispute shall be resolved by the general court with Västerås District Court as the first instance.

Contracting party

The customer enters into an agreement with:

PROCAD Systems AB
Org​.nr 556194 – 4991

Postal address:
Transformatorgatan 2
721 37 Västerås, Sweden

Contact us
Telephone: +46 21 816000
E‑mail: support@​elprocad.​com