Agreement: the written contract executed by Go Auction Limited and the Customer, detailing the services to be provided by Go Auction Limited to the Customer (‘Service Agreement’).
Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Software.
Change Request: a request submitted by the Customer pursuant to Clause 5 below, concerning a potential variation in the Software.
Critical Ticket: a ticket regarding a 'sale-day' issue only, which is detrimentally impacting the auctioneer's ability to run their auction.
Day Rate: Go Auction’s then-current and standard consulting rate.
Expert Users: expert user(s) within the Customer’s organisation designated by the Customers as the person(s) authorised to contact Go Auction in connection with Tickets.
Normal Business Hours: 9.00 am to 5.00 pm local UK time on any day (except Sundays, and public holidays in England).
Response: a first-line investigation, with an assessment of the Ticket being provided to the Customer via the Support Portal within the times specified in the Support Levels applicable to that Customer.
Software: the online software applications provided to the Customer by the Supplier.
Support Level: means the Supplier’s Standard Support and Premium Support levels, as described in Clause 7 below, and as may be varied by the Supplier from time to time.
Support Service: a service provided by Go Auction to support the customer in the use of the Go Auction system, in accordance with the appropriate Support Level, consisting of a web-based Support Portal for the Customer to log all support tickets and E-Learning courses.
Ticket: a notification by the Customer to Go Auction of the Customer’s belief that the Software is failing to perform as expected (based on what the customer understands the Software’s functionality to be, from the E-Learning courses).
Support Portal: the web-based system where tickets and change requests are raised and responded to.
2. Support Services
2.1 During the term of the Agreement, Go Auction shall provide Customer with a Support Service at the Support Level chosen by the Customer and detailed in the Service Agreement, during Normal Business Hours.
2.2 As part of the Support Service, Go Auction shall use commercially reasonable efforts in accordance with the applicable Support Level to address Tickets, and correct any technical issues identified by Go Auction as a result of such Tickets.
2.3 In any question between Go Auction and the Customer as to the status of any Ticket or Tickets as Critical or otherwise, Go Auction reserves the right, at its sole judgement and discretion, to make a final determination of this ticket.
2.4 The Customer may request support in relation to Critical Tickets via telephone on the day of an auction, but all other Tickets must be raised via Go Auction’s web-based support portal (unless Tickets are permitted to be phoned through due to the terms of the Support Level).
Go Auction shall have no obligation to support (i) altered, damaged or modified Software or; (ii) Tickets caused by the Customer’s negligence, abuse, misapplication, or failure of the Customer to use the Software appropriately, or by any other factor beyond the control of Go Auction.
4. Customer’s Obligations
The Customer shall have the following maintenance and support obligations:
4.1 All Tickets will be raised by the Customer through the Customer’s Expert Users. Customer may change Customer’s Expert Users upon written notice to Go Auction, provided that any designated Expert Users must have completed the E-learning courses required by Go Auction.
4.2 The Customer shall provide Go Auction with free and full access to the Software for the purposes of providing support, including, where appropriate, secure remote access. Any time expended because of delays caused by the Customer in providing access to the Software will be charged at the Day Rate.
4.3 The Customer shall be responsible for:
(a) preparing and maintaining their systems and facilities in accordance with any specifications advised by Go Auction;
(b) providing adequately trained personnel to assist Go Auction in performing Go Auction’s duties under this Schedule;
(c) procuring, at the Customer’s own expense, any additional professional services required in response to any applicable regulatory change;
(d) ensuring that all Authorised Users have received adequate training in the operation of the Software and, in particular, have read and be fully conversant with all user instructions contained within the E-Learning Courses before commencing to use the Software;
(e) ensuring that any additional guidance on the use of the Software which may be communicated by the Supplier to the Customer is communicated to all Authorised Users as soon as reasonably practicable;
4.4 Go Auction shall not be responsible for any delays caused by the Customer’s failure to comply with the obligations in Clause 4.3 above, and the Customer will be liable for additional time spent.
5. Change Requests
The Customer may submit Change Requests via the Support Portal. Upon receiving any such Change Request, Go Auction will (at regular review meetings) evaluate the request and provide a written response via the Support Portal. The written response will include a statement of the availability of Go Auction’s personnel and resources, as well as any impact the proposed changes will have on the fees to be paid by the Customer.
6. Onboarding arrangements
Go Auction recognise that when an auctioneer first starts using the Software, extra support may be needed to assist staff with adapting to the system. Our onboarding support arrangements for new auctioneers are as follows:
7. Support Levels
7.1 The Standard Support Service includes the following features and assistance: