NiceLabel SMA Terms
Revised November 2018
These NiceLabel SMA Terms (“SMA Terms”) govern the Support and Maintenance Services ("SMA Services") provided by Euro Plus d.o.o., a company organized and existing under the laws of Slovenia, or its regional offices set forth below (collectively, “NiceLabel”), to authorized licensees (each a “Licensee”) of the NiceLabel Software (the “Software”) who have purchased an SMA during the SMA Term (as defined below). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the NiceLabel End User License Agreement, as amended ("EULA"). These SMA Terms shall be incorporated into the EULA and governed by the terms and conditions contained in the EULA to the extent not provided for herein.
1. Scope. During the SMA Term (as defined below), NiceLabel agrees to provide, based on your purchase selection, a Standard SMA and/or a Platinum SMA (each as defined below) for the Software, which was licensed to Licensee pursuant to the EULA.
a. Services Included under Standard SMA (Standard SMA). During the Term, NiceLabel will provide the Licensee the following Standard SMA services with respect to the Software:
i. telephone and email priority support by a technical representative of the appropriate NiceLabel regional office to Licensee's designated contacts for 8 hours a day, 5 days a week, during such regional office's business hours (as set forth above), excluding regional or national holidays, whereby guaranteed response time for email enquiries is 1 business day and best effort (priority) for phone support;
ii. knowledge base web support
iii. periodic updates, upgrades, bug fixes, patches, other error corrections and new product releases (collectively, "Updates") free of charge. Updates will include upgrades within a version (e.g., version 2017.1 to version 2017.2) and upgrades to a new version (e.g., version 2017 to version 2019).
b. Services included under Platinum SMA (Platinum SMA): The Platinum SMA includes all the services provided by NiceLabel to the Licensee within the Standard SMA as defined in 3 above and in addition to that Platinum SMA includes:
i. one (1) hour response time to Licensee's registered phone support request,
ii. one (1) annual one-hour system health check, performed online by NiceLabel technician to review the NiceLabel system setup and performance within Licensee's environment whereby the NiceLabel shall issue a sign-off document to the Licensee upon execution of a health check
iii. global 24x7x365 access to NiceLabel technical experts via dedicated phone number provided to the Licensee by the NiceLabel within the SMA Purchase Confirmation document or in Support and Maintenance Services Agreement as applicable. The support is provided in English language.
c. Services Not Included. The SMA does not include:
i. any new version or new release of the Software that NiceLabel may issue as a separate or new product, whereby NiceLabel shall, in its sole discretion, determine whether any issuance qualifies as a new version, new release, or Update
ii. software training,
iii. on-site support or maintenance,
iv. support or maintenance of any separately identified third-party programming and configuration which is not being sub-licensed by NiceLabel as part of the Software,
v. support or maintenance of any additional products created, sold and/or licensed by NiceLabel, for which there is no software maintenance agreement, and
vi. direct changes or modifications to existing custom configurations not created by NiceLabel.
The Services not included in the SMA in accordance to this Article can be ordered with NiceLabel using standard ordering process and contacts as defined on www.nicelabel.com and as mutually agreed by NiceLabel and Licensee.
2. SMA Term. The term during which the SMA will be provided shall be a period of one (1) year or three (3) years, pending the Customer order. The SMA Term commences on the date of purchase of the SMA (the "SMA Term"). The SMA Term shall be specified on the SMA Purchase Confirmation that Licensee receives upon Licensee's purchase of an SMA.
The SMA shall automatically renew for subsequent term periods equal to the initial term period defined in the SMA Purchase Confirmation, unless either party provides written notice of its intention not to renew the SMA at least three (3) months prior to the expiration of the then current SMA Term.
3. SMA Purchase Confirmation. NiceLabel shall upon receipt of an order from a Licensee issue a SMA Purchase Confirmation document stating the following elements
1. SMA number
2. SMA services defined
3. SMA Term
4. Licences and services covered under the SMA
5. Contact details of the NiceLabel SMA support team and for upgrade/new versions of the software
4. Regional Office. The Standard SMA will be provided to Licensee by the regional office set forth below based on the Area where the Licenses were purchased.
*Subject to regional office closures on public holidays in the applicable Area
For the execution of the Platinum SMA services a designated phone number for 24/7 support provided in the Platinum SMA agreement should be used.
5. Upgrades. NiceLabel strongly advises Licensees to keep up with upgrades of the software as released by NiceLabel following the official product lifecycle policy.
6. Termination of SMA. NiceLabel shall have the right, in its sole discretion, to suspend and/or terminate any SMA provided hereunder (i) upon Licensee's failure to pay any SMA Fees when due, if Licensee has failed to cure such failure within fifteen (15) days after receipt of written notice from NiceLabel, (ii) if Licensee or Licensee's employees or agents violate any provision of this SMA Terms and/or any other agreement additionally regulating maintenance, if Licensee has failed to cure such violation within fifteen (15) days after receipt of written notice from NiceLabel, (iii) if the product to which an SMA relates has been discontinued and is no longer supported by NiceLabel, (iv) in the event of Licensee's dissolution, ceasing of business, insolvency, bankruptcy or appointment of a liquidator, or (v) termination of the Master Enterprise Software License and Services Agreement.
7. These SMA terms have been issued by NiceLabel on the date as defined on the beginning of this document and are valid as of the date above. SMA Terms may be updated by NiceLabel from time to time with updates duly published on the www.nicelabel.com/Legal. It is Licensee's duty and obligations to keep up with all amendments and updates of SMA Terms. Licensee agrees, that its continued use of Services shall constitute Licensee's acceptance of any such amendments and updates.