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The principal terms and conditions are:
1. This support contract will last for one year and sets out the main terms and conditions for the iLaw Updating Subscription Service provided as part of the iLaw software.
2. This contract will commence 1st April 2018 and will automatically renew after a 12 month period. Support and maintenance contracts will run for a 12 month period, however these will be invoiced on a quarterly basis.
3. iLaw Legal Ltd. will provide the following services to your firm under this contract:
a. Software updates throughout the year in accordance with billing and contract changes released by the Legal Aid Agency that explicitly affect functionality within the specific version of iLaw Case Management and Accounts software that your firm is currently running. For the avoidance of doubt, the extent and number of changes implemented under this contract will depend on which version of the iLaw software your firm is currently running.
b. Written Guidance of the software changes released within those service packs to assist your firm in implementation of those changes.
c. During the maintenance period you will have unlimited access for your firm to contact the support team subject to the terms and conditions below.
4. The Legal Aid Agency, in conjunction with Ministry of Justice, normally release contract and online billing updates for contracted firms on a quarterly basis, being January, April, July and October each year. Under this contract, iLaw Legal Ltd. will provide your firm with a software update for all of the affected areas of the iLaw Case Management and Accounts software packages. For the avoidance of doubt, the extent and number of changes implemented under this contract will depend on which version of the iLaw software your firm is currently running.
5. Any additional contract changes on other dates that affect the iLaw software will also be reflected in service releases that will be sent to your firm under this contract.
6. iLaw Legal Ltd. reserves the right in its absolute discretion to:
a. Determine the most effective method of implementation of the LAA changes within the software in accordance with the specifications supplied by the LAA and following further discussions with the LAA Vendor Support team where required.
b. Determine the release dates of the software updates and delay them where essential. Whilst every effort is made to ensure all service releases are made prior to the contract implementation date of changes, iLaw Legal Ltd. is frequently subject to late changes of the specification by the LAA and this can impact release dates and inclusions.
c. Decide not to implement an LAA or MOJ change within some or all versions of the iLaw software.
d. Delay implementation of an LAA or MOJ change if the change is deemed to be ‘at risk’, that is at risk of significant change by the LAA or MOJ before being mandated for use by a legal aid contract holder.
7. Service Releases are cumulative and the annual subscription fee reflects this. The subscription price will not be reduced in situations where firms subscribe and pay late for the service during the year 1st April 2018 – 31st March 2019 but all cumulative updates will be supplied to a late paying firm on clearance of subscription fees.
8. Under this contract, iLaw Legal Ltd. will provide unlimited support for the iLaw Software packages, including Accounts, to your firm for use by any member of staff.
9. The iLaw Support Team is available Monday to Friday of each week between the hours of 9.30 am and 5.00 pm. The support desk is not open on Bank Holidays and weekends.
10. All support queries will be responded to within eight working hours of being received. If a full resolution is not possible within this period, a date / time for such resolution will be provided within 8 working hours.
11. The issue relates to one of the iLaw software package, including Accounts.
12. The issue does not relate to a third party piece of software. This particularly includes MS Windows, MS Server, Office, Firewalls, Anti-Virus programs and Network permissions.
13. The issue can be defined as a single support issue, being a question or an issue that focuses on one area of the iLaw software package (for example, the use of a specific feature of the product or assistance with a specific problem or error message) and the reasonable effort needed to resolve it.
14. Under this contract, iLaw Legal Ltd. will provide support and guidance on the use of the functionality of the iLaw software package. Guidance will be offered by telephone and remote assistance relating to how activities and tasks are carried out within the iLaw software package, including all legal aid billing and online submissions where the process is covered by an iLaw module.
15. The issue must be reproducible, that is can be recreated by iLaw Legal Ltd. on its own systems, and it must be directly related to iLaw Legal Ltd. software and not the interoperability of Anya software with any third party products.
16. When a single issue may involve other areas of iLaw Legal Ltd.’s products or services, addressing other areas constitutes a separate issue and requires an additional support incident.
17. A single support incident may involve multiple phone calls, emails and off-line research. iLaw Legal Ltd.’s Support Technicians are responsible for determining what characterizes a single support incident and communicating this to our customers. Our Support Technicians will make reasonable efforts to resolve the issue but iLaw Legal Ltd. cannot guarantee that every issue will be resolved to the customer's satisfaction.
Resolution of a technical support incident shall be defined as accomplishing any one of the following:
18. Providing a reasonable solution to the incident.
19. Providing a reasonable workaround to the incident.
20. Determination by iLaw Legal Ltd. that the incident is an enhancement request, by forwarding the request to Product Management and Development for review.
21. Escalation by Customer Support of the incident to the development team.
22. Determination by iLaw Legal Ltd.’s support technicians that the incident is related to a source of input that does not follow a published guideline or specification.
23. Determination by iLaw Legal Ltd.’s support technicians that the issue is outside of the remit of the iLaw Legal Ltd. support service.
24. Bug reports are taken very seriously and are escalated to development as soon as they are reproduced in-house. If the problem is determined to be a bug, you will be told which service pack or hot fix it will be rectified in.
25. If an iLaw software bug is fully reproducible by the iLaw Development Team, a fix will be made available for internet download within four weeks of it being reported.
26. This contract is subject to a fair use policy. iLaw Legal Ltd. reserves the right to terminate the contract by seven days’ written notice:
a. if the support or any other customer service is abused in any way by unreasonable or excessive use; or
b. if a caller from your firm is rude or abusive to a member of the iLaw team; or
c. for any other reason in its absolute discretion.
27. Should this contract be terminated under clause 26 or for any other reason, the return of any unused subscription payments or a proportion thereof will be at the sole discretion of iLaw Legal Ltd..
28. The limit of iLaw Legal’s liability to your firm in contract, tort or for any and all other claim or claims whatsoever howsoever arising relating to the support and updating of iLaw Legal Ltd.’s products and other iLaw Legal Ltd. services shall be limited to the fees actually received by iLaw Legal Ltd. from your firm under this contract, except in relation to death or personal injury caused by iLaw Legal Ltd.’s negligence in relation to which it shall be unlimited.
29. The following items are explicitly excluded from this support contract but may be provided by iLaw Legal Ltd. for an additional charge on request.
a. The initial and subsequent installations of the iLaw software onto your computers and servers. This includes installation of service releases.
b. General queries about computers, networks and 3rd party software.
c. Firewalls and anti-virus software. Please note that we are not able to advise you on the changes necessary to either to enable a remote connection from our support team.
d. Out of hours support.
e. Site visits.
f. Any additional work required to customise iLaw.
g. Non-standard updates to iLaw CK.
i. Accountancy and book keeping advice or guidance: we are not able to provide guidance on book keeping entries or issues, accountancy matters or interpretation of the Solicitors Accounts Rules under this contract. Separate, paid support and training from a qualified accountant is available on request.
j. Forensic book-keeping and billing: this is any query arising from the need to track and trace posting errors that have resulted in incorrect bills or accounting.
k. LAA contract and SRA Matters: we are not able to provide guidance under this contract on the interpretation of your obligations under your contract with the LAA or regulatory requirements under the SRA handbook.
l. Major iLaw software system upgrades.
30. This contract shall constitute the entire agreement between the parties with respect to support and updating of the iLaw Legal Ltd.’s products and other iLaw Legal Ltd. services and shall supersede all prior representations or agreements.
31. This contract shall by governed by and interpreted in accordance with English Law. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise.
32. Failure to pay for iLaw support and maintenance will result in your rights to use the iLaw software being terminated.