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Additional Information Request

Active Voice & Data Web Site Privacy Policy

YOUR PRIVACY IS IMPORTANT TO ACTIVE VOICE & DATA.
This Policy Adopted By: Active Voice & Data, its participating subsidiaries and joint venture partners which are part of the Active Voice & Data service system, and other entities which directly or indirectly are controlled by Active Voice & Data (each, an Affiliate, with Active Voice & Data and its Affiliates being collectively referred to as Active Voice & Data).

Active Voice & Data understands your concerns about the privacy of data you may submit through this Active Voice & Data Web site. This Privacy Policy provides you information about what type of information is gathered and tracked on the Web site, how the information is used, and with whom the information is shared. You may also want to review Active Voice & Data Privacy Principles which set forth the Company's commitment to protecting our customers' and employees' privacy, online and offline. In the event that any inconsistencies should arise with respect to this policy and the Privacy Principles concerning online privacy, the terms of this policy shall prevail.

The information we collect.
Active Voice & Data collects two types of information about users of this Web site; "Personal Information" (including, but not limited to, your name, address, telephone number and e-mail address) and non-personally identifiable and anonymous "Aggregate Information" (such as information about how many users log onto our Web site). Unless you provide it to us voluntarily or the information is collected via cookies in the manner described in this policy,Active Voice & Data does not collect Personal Information in connection with your use of this Web site.

Please read this policy carefully to learn how you can verify the accuracy of any Personal Information we have concerning you and how you can request that Active Voice & Data delete or update your Personal Information.

In order to accommodate your information request, we ask you to submit your name, title, company affiliation (if any), mailing address, telephone number and e-mail address. At your option, you may also provide us with the best time at which to contact you, the annual revenues of the company with which you are affiliated, the number of employees of the company you are affiliated with, and other relevant comments [if a comment field exists for the information you have requested].

How we use the information we collect.
We will use the information you submit (a) to answer your specific inquiry; (b) at your option, to send you additional materials relating to Active Voice & Data and services that may be of interest to you; (c) in the administration of the Web site; and (d) as otherwise described in this policy.

Active Voice & Data may, from time to time, share your Personal Information with marketing consultants, in which case, the consultants shall be prohibited from using your Personal Information except with respect to assisting Active Voice & Data in the sale of its services and products, and the consultants shall also be required to comply with the terms of this policy.

How we use cookies and other technologies.
General - When you visit this site, information about your browser type, operating system, IP address, and the domain name from which you access this site (e.g., yahoo.com) is collected. In addition, we may collect information about your browsing behavior, such as the number of times you have visited the site, the date you visited the site, and the amount of time you spent viewing the site. In addition, Active Voice & Data may track your response to Active Voice & Data advertisements, e-mails and site content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign for Active Voice & Data. This information is used solely for our internal purposes in managing the site and improving its functionality, as well as to assist us in better targeting interactive advertising, thereby enhancing customer support and site usability. The collection of such information, whether by us or by data aggregators, is subject to the terms set forth in this policy.

Transparent GIF Files - In addition to our own cookies, we use pixels, or transparent GIF files, on our sites to help manage our online advertising and e-mail marketing. These GIF files are provided by one or more third-party service providers, based on our specification as to where they are used. The files enable our service providers to recognize a unique cookie in your Web browser, which, in turn, enables us and our service providers to learn which advertisements and e-mails bring you to our website and how you use the site.

Examples of the ways in which Active Voice & Data and our third-party service providers use GIF files include:

•    Tracking customer response to our advertisements, e-mails and site content.

•    Determining your ability to receive HTML-based e-mail messages. This capability helps us or our service providers send you e-mail in a format you can read.

•    Knowing how many users open an e-mail, thereby enabling our service providers to compile aggregate statistics about an e-mail campaign for us.

•    Allowing us to better target interactive advertising; enhancing customer support and site usability; and providing offers and promotions that we believe would   be of interest to you, if you have given us permission to do so by opting-in to receive them.

To conduct these or other activities, we or our service providers sometimes may link Personal Information you previously provided us (such as, for example, your name and e-mail address) to the information the GIF files provide about how you arrive at, navigate through and leave our sites.

Your right to reject use of cookies.
You will be given the opportunity to accept or reject the use of cookies on the Web site in a pop-up box when you first access the Web site. You may choose not to accept the cookies [and our service will still work if you choose to do so]. However, this may restrict the services that you can access at the Web site.

The information we disclose.
Subject to applicable law, we and our service providers (as defined below) disclose and share your personal information:

•    Among Active Voice & Data and its Affiliates;

•    To unaffiliated third parties that are under contract to perform services for or on behalf of Active Voice & Data (Service Providers), and are required to uphold and maintain policies with respect to privacy and the treatment of your Personal Information (e.g., vendors hosting the investor relations, Active Voice & Data Digital Services, or Active Voice & Data Intellectual Property Management aspects of this web site or other vendors providing services of the nature referred to in this Privacy Policy);

•    To a third party in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or division; and

•    To other persons as permitted or required by applicable law or regulation.

•    For credit card payments, we employ third parties to process these payments on our behalf. These third-party credit card processing parties will only have access to the personal information which you provide directly to them when you make a credit card payment. They are required under their contract with Active Voice & Data to process this personal information securely and in accordance with the relevant privacy or data protection laws.

Any access to such information will be limited to the purpose for which such information was provided to us or our Service Providers. Active Voice & Data, its Affiliates and Service Providers are located throughout the world. Accordingly, your Personal Information may be sent to countries which have a different level of privacy protection than the United States of America or your country of residence. For instance, if you inquire about services Active Voice & Data provides in France and in Brazil, Active Voice & Data will forward your inquiry to the Active Voice & Data location in such countries. Active Voice & Data will, at your request, provide you with details of companies and countries to which your information has been sent.

Links and third-party websites.
This policy applies only to this Web site. This site includes links to both our Affiliated Web sites and to non-affiliated Web sites, including access to content, products and services of such Affiliated and non-affiliated sites. In some cases, these other sites are made available via "seamless experience" technology, and may appear to be part of our Web site. Although some of the entities controlling these sites are under contract with Active Voice & Data, we urge you to familiarize yourself with the individual privacy and other terms for each linked Web site prior to submitting your personally identifiable information.

How to opt out or request changes.
You are entitled to request that Active Voice & Data:

•    provide you with a copy of your Personal Information that it holds;

•    cease processing your Personal Information, in whole or in part, as you direct us, for the purposes of direct marketing;

•    correct any errors in that Personal Information; and

•    update that Personal Information as required.

If you would like to receive a copy of the Personal Information we have about you as submitted to us via this Web site, or if you wish to opt out of receiving marketing related communications from us, please send a request to info@active.ie  for optout. If this information is incorrect or incomplete, please let us know by sending a request to info@active.ie, and we will make every reasonable effort to correct or update it promptly (unless we require further information from you in order to fulfill your request). You may also ask us to remove your name and other Personal Information from our databases. In each of the foregoing cases, we will make all reasonable efforts to honor your request promptly, subject to legal and other permissible considerations.

Notification of changes.
Active Voice & Data may, in its sole discretion, update this policy at any time and from time to time, by posting the amended policy on this Web site. If we make material changes to this policy that affect our treatment of your Personal Information, we will provide you with e-mail or postal mail notice and a choice to opt in under the terms of the revised policy. After the changes take effect, all newly collected Personal Information will be subject to the terms of the revised policy and all previously collected Personal Information will be handled in accordance with your response to our opt-in notice (in accordance with the revised policy if you opt in and in accordance with the previous policy if you do not opt in). If no material changes have been made to this policy that affect our treatment of your Personal Information, the amended policy shall be effective upon posting, and your access to or use of the site following an update shall be deemed consent to the revised policy. If you have asked to receive marketing and other materials, and you regularly receive electronic communications from us, amendments to this policy may be sent to you via e-mail. We urge you to refer back to this page regularly and especially prior to providing any Personal Information via this Web site. This policy may not be otherwise amended without the written consent of ACTIVE VOICE & DATA. This Policy was last updated November 2008.

How we protect and store your information.
Active Voice & Data takes seriously the security of the information it collects. Active Voice & Data has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the data concerned. In addition, ACTIVE VOICE & DATA has certified its compliance with the Safe Harbor framework designed to satisfy the "adequacy" requirement under the European Directive on Data Protection.

Personal Information collected via this Web site is stored on servers in the Republic of Ireland, and these servers are subject to Active Voice & Data IT security policies and procedures. If you are located in another jurisdiction, you should be aware that your Personal Information once collected will be transferred to our servers, and is protected by the European Directive on Data Protection

Children.
Active Voice & Data is concerned about the safety of children when they use the internet, and will never knowingly collect Personal Information from minors (children under 13 years of age, or any other age defined under applicable law) [without prior verifiable parental consent]. If we become aware that a minor is attempting to or has submitted Personal Information via this Web site, we will notify the user that we may not accept his or her Personal Information. We will then remove any such Personal Information from our records.

Active voice & Data Business Ethics Program.
Disclosures made pursuant to Active Voice & Data Business Ethics Program are covered by Active Voice & Data Code of Ethics and Business Conduct in lieu of this privacy policy.

Questions regarding this policy.
If you have questions concerning this Policy, please contact our Director of Privacy at info@active.ie

Active Voice & Data Privacy Principles.
Active Voice & Data commits to the following:

•    Active Voice & Data only collects information that is needed. From its valued customers, Active Voice & Data collects information that will enable it to administer customer accounts, to provide marketing information about Active Voice & Data services and products, to provide "white papers" containing articles that may be useful to customers, to obtain information that may be helpful to Active Voice & Data in administering and enhancing its Web site, and to fulfill any regulatory or legal requirement. We keep our customers informed as to what information we are collecting and how that information will be used.

•    From its valued employees, Active Voice & Data collects information that will enable it to manage employee benefits and related benefit plan administration, for human resources management purposes and staff training and for immigration purposes, as well as to fulfill any regulatory or legal requirement.

•    Customers must "opt in" prior to Active Voice & Data using Customer information online. You have the option of determining whether to supply Active Voice & Data with information that it may use for purposes of sending you information, whether it is sent through online marketing efforts, by telephone, by fax or by mail. At any time, you may "opt out", and Active Voice & Data will use its best efforts to promptly cease processing the Personal Information you previously supplied. In connection with the offline activities of Active Voice & Data, the Customer may simply notify Active Voice & Data in writing that it wishes to cease receiving additional information from Active Voice & Data ("opt out"), and Active Voice & Data will use its best efforts to promptly honor any such request.

•    Active Voice & Data uses security procedures and safeguards that it considers appropriate for the level of Personal Information our customers or employees are providing to Active Voice & Data. Active Voice & Data goal is to prevent unauthorized access, maintain data accuracy, ensure the appropriate use of information and use professional industry standards to protect against the loss, misuse or alteration of information under Active Voice & Data control in connection with its information management services.

•    Release of Information. In addition to using customer or employee information to fulfill requests received from its respective customers or employees, Active Voice & Data discloses information provided to it when required to do so by law or by a regulatory agency. In addition, Active Voice & Data may share, as appropriate, with its Affiliates, with unaffiliated third parties that are under contract to perform services for or on behalf of Active Voice & Data (Service Providers) (who are required to uphold and maintain policies with respect to privacy and the treatment of your Person Information) and/or to a third party in connection with a proposed or actual sale, merger or transfer of all or a portion of a business or division.

•    Active Voice & Data expectations for its Service Providers. Active Voice & Data expects its Service Providers, who may have access to Personal Information furnished to us by our customers or employees for purposes of providing services to Active Voice & Data, to honor the privacy principles set forth herein, whether such Service Providers are accessing customer or employee information and considers a Service Provider's commitment to privacy and security as part of its decision-making process as to which Service Providers it selects as its business partners.

Active Voice & Data standard business contract

Web Site
Active voice & data Web site, its affiliate sites and any other electronic form of publication or communication (the ""Sites"") are accessible worldwide to anyone with Internet access. Access to the Sites is subject to the User Terms and conditions set forth herein (""User Terms""), as well as to all applicable trademark and copyright laws and all other applicable laws and regulations. BY ACCESSING active voice & data SITE, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION, ENTITLED ""USER TERMS"", WITHOUT ANY QUALIFICATION OR EXCEPTIONS TO SUCH TERMS AND CONDITIONS. ACTIVE VOICE & DATA and its affiliates, in their sole discretion, reserve the right to amend these terms and conditions at any time by posting such amended terms in lieu of the then current User Terms. By accessing active voice & data Sites subsequent to the adoption of any such amendments, you agree to accept any such amendments to the User Terms.

Data contained within website
Active voice & data site is provided on an “as-is” basis without representations or warranties of any kind, either express or implied, whatsoever, including without limitation warranties of merchantability or fitness for a particular purpose. Active voice & data shall in no event be liable for any loss or injury or any direct, indirect, consequential, special, punitive or similar damages regarding your access to or use of the site (“”SITE REFEARS TO THE BACKUP IIS server””)  and the information available sequential, special, punitive, or similar damages regarding your access to or use of the site and the information available on services and the site or arising out of any action taken in response to or as a result of any information available on the service and the sites. Active voice & data shall not be liable for the contact of the data delivered to active voice & data data-storage (“”LOCATION OF DATA””) facilities. The data content will remain the sole ownership and responsibility of the client and will not be accessed by Active voice & data or any agent than by specific written request of the client and only for the purpose of resolving technical issues.

Data Replication
All client data stored on actives data-storage facility will be replication to two different disk-storage systems as part of the agreement. The content and location of the data within these disk-storage system is the responsibility of Active Voice & Data. Active reserve the right to relocate or modify the location of client data without prior notification. The relocation, modification of client data is not affect the backup services as outlined in the backup agreement. Any such modification that have a  potentially impact to the client backup services will be communication to the client a minimum of five working day prior to any configurations or data relocations.
In the event that emergency work is required that impacts on the services provided to the client Active voice & data will at best notify the client and strive to reduce any or all impact to the services where possible.

Monitoring of website links
active voice & data and its affiliates do not review or monitor any Web sites linked to the service sections of the Sites and are not responsible for the content on any such linked Web site. The inclusion of any link does not imply that active voice & data endorses or accepts any responsibility for the content on such third-party sites. Your linking to such third-party Web site is at your own risk.

Sales & Services
All sales of services are subject to active voice & data standard terms and conditions of sale, a copy of which is available upon request. All trademarks, service marks, logos, slogans, domain names and trade names (collectively "Marks") are the properties of their respective owners. active voice & data disclaims any proprietary interest in Marks other than its own. All materials contained in the Web site are the copyrighted property of active voice & data, its subsidiaries, affiliated companies and/or third-party licensors. If you wish to use material contained on this Web site other than for your individual review and individual educational purpose, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third-party in order to use such material. If you are not a customer of active voice & data and wish to download and use any information contained in this Web site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with active voice & data, complete the attached Request form and send it to info@active.ie so that the Webmaster may evaluate your proposed use of active voice & data Web site content.

Non distribution agreement
If the Webmaster approves your request to use active voice & data Web site content, you are granted permission to view, use, reproduce, copy and distribute documents within active voice & data Web site for the sole purposes specified in your Request form. You agree that: (i) you will not modify the documents, publications or graphics; (ii) you will not quote materials out of context; and (iii) you will retain and display the copyright notice of active voice & data on such content. You further agree that active voice & data shall have the right to revoke its consent at any time and you shall immediately cease any further use of the active voice & data Web site content. The foregoing consent does not include permission to copy the design elements, look and feel, or layout of active voice & data Web site. Subject to the further terms set forth in Section 5 above, you assume all risks concerning the suitability and accuracy of the information within active voice & data Web site which you propose to use, subject to active voice & data consent.

Website contact changes
active voice & data may make changes to the Web site, information contained therein, software, documents, publications, prices, technical specifications, service offerings and any other information and materials within the Web site at any time and without prior notice.

Unlawful or prohibited use of website data
You shall not use active voice & data Web site for any purpose that is unlawful or prohibited by these terms and conditions. You shall not undertake any initiative that shall damage, disable, overburden or impair any active voice & data server, or the network(s) connected to any active voice & data server, or otherwise interfere with any other party’s use and enjoyment of the Web site. You shall not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any active voice & data server or to the Web site, through hacking, password mining or any other means.

Client data
Active voice & data take no responsibility for the contact, structure or integrity of the client data backup to our data-storage facility. It is the client responsibility to perform regular testing of restored data from our storage facility. Active voice & data will notify and assist the client in this process but cannot be responsible or take ownership of these required restore tasks.

Client data integrity testing
The client will be required to sign off on a quarterly basis, confirmation that the data stored on Active Voice & data data-storage facility is available for viewing, restoring and functions with the original application as required. Active Voice & data will assist the client in resolving and corrupt data but takes no responsibility for data integrity.

Virus protection
Active Voice & data will scan all client data backup to our data-storage facility. As active voice & data do not have access to the original files all virus protection will be focused on continuous virus protection on the client database and associated files. It is the responsibility of the client to ensure that all data transferred to active voice & data storage facility is virus free or infected with malware of other virus type.

Scheduled backups
Active voice & data and its affiliates do monitor scheduled backup and will notify the client of any missed or failed backup arise. Active voice and data will not be responsible for any schedule backup failure or missed backup sets. Active voice & data will endeavour to resolve any backup failure in conjunction with the client and where applicable run a manual backup on behalf of the client if the client is unusable to do so or the client is un-contactable.

Backup monitoring services
Active voice & data provide 24/7/365 monitoring services on all backup sets and schedules as part of the backup contract. All scheduled notifications will be issues to the client between 8am and 11am daily. It is the responsibility of the client to inform active voice and data of transmission failures, inaccurate reporting, or none relevant information relating to their backup services.

Third party sites
Sections of the Sites and are not responsible for the content on any such linked Web site. The inclusion of any link does not imply that active voice & data endorses or accepts any responsibility for the content on such third-party sites. Your linking to such third-party Web site is at your own risk.

Management service agreement

TERM
This agreement between both parties (active voice & data and the client) will remain in force until the renewal month and will then be automatically extended for annual period(s) until all items have been withdrawn from services under this Agreement.

Except as otherwise provided herein, Active voice & data may withdraw individual items from this agreement at the end of the first year of maintenance by providing the customer with one month’s prior written notice

Service Availability
Active voice & data will provide service for the hours specified in the agreement. Services provided under this agreement does not uninterrupted operation of the hardware or software.

Charges
The customer agrees to pay the annual services charges as indicated in the agreement. Services charges are subject to increase by Active Voice & Data upon 30 days’ prior written notice to the customer.

If the Customer requests service to be performed at a time outside the times covered by their particular agreement, there will be no additional charge for maintenance parts; however the service, if available will be furnished at Active Voice & Data applicable hourly rates and terms then in effect.

Charges in equipment specifications may result in an adjustment of the Service Charge. Such adjustments will become effective upon the installation of the specific change.

Taxes
In addition to the charges due under this agreement, the customer agrees to pay amounts equal to any taxes resulting from this agreement, or any activities hereunder exclusive of taxes based on income.

Cancellation policy
The customer (Client) agrees to provide active voice & data with one month cancellation of policy (Agreement) prior to renewal data

Invoicing
The annual service charge will be invoiced 30 days in advance of the implementation of the service or backup agreement. In the event of non-adherence by the customer to the payment terms on the invoice(s) relating to this agreement or of any other failure by the customer to comply with any of the obligations under this agreement, Active Voice & Data shall be entitled, at its own discretion, to withhold service-support until such time as the customer is no longer indebted to Active Voice & Data and/or has fulfilled its own obligations, as the case maybe, without prejudicing any other remedies to which Active Voice & Data may be entitled, under the terms of this agreement.

Disclaimer and Limitation of Liability
All terms implied either in common law or under the sale of goods and supply of services legislation are hereby excluded. Active Voice & Data liability to the customer for damages, from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to twice the amount of the annual service changes for the specific items under this agreement that cause the damage or that are the subject matter of or are directly related the cause of the action. The foregoing limitation of the liability will not apply to clams for personal injury or damage or real property or tangible personal property caused by Active Voice & Data negligence.
In no event will Active Voice & Data be liable for the lost profits or other consequential damages even if Active Voice & Data has been advised of the possibilities of such damages or for any claim against the customer by other parties.
Active Voice & Data does not warrant that the operation of the items covered by this agreement will be uninterrupted or error free, or that the functions or performance of these items will meet with the clients requirements.

General
Subject to the terms of the following paragraph, Active Voice & Data may, upon twelve months prior written notice to the customer, modify the terms and conditions of this agreement, except the section hereof entitled “Changes” Active Voice & Data may upon 30 days prior written notification to the customers, modify the terms and conditions of the section hereof entitled “Charges”

Any such modifications will apply unless the customer exercises the option to terminate this agreement or withdraw the equipment effected by such modifications. Otherwise, this agreement duly signed by persons authorised to sign agreements on behalf of the customer and of Active Voice & Data and variance from the terms and conditions of this agreement in any customer order or other written modifications will be of no effect.
The customer represents that the customer is either the owner of or licensed to use the items under the agreement or, if not has authority from the owner to include such items under the agreement.

This agreement may not be assigned, its rights, duties and obligations may not be assigned or transferred by the customer without the prior written consent iof Active Voice & Data. Any attempt to assign or transfer any of the rights, duties or obligations of this agreement without such consent is void.

Either party my withdraw any item or all items from this agreement for failure of the other to comply with any of its terms and conditions

No action regardless of form, arising out of this agreement may be brought by either party more than one years after the cause of action has arisen or in the case of non payment, more than two years from the date of last payment.

If any provisions of this agreement are held to be void, invalid, illegal or unenforceable, this will not affect the validity, legality and enforceability of the provisions.

The agreement will be governed by the laws of the Republic of Ireland.

EXCLUSIONS

Service under this Agreement does not include the provision of any advice, service, analysis or assessment of the suitability of the customers computer hardware or software to adequately or at all deal with.

(j) Repair of damage or increase in service time caused by accessories, alterations, attachments or other devices not furnished by Active Voice & Data; repairs to damaged programs or date files resulting from hardware failure, or improper operation, or viruses, or loss of data due to error in backup procedure, or insufficient backup volumes
(k) Furnishing supplies, or accessories, or other consumable items (including printheads); inspecting altered machines; making specification changes or performing services connected with relocation of equipment; or adding or removing accessories, attachments or other devices.
(l) Repair of damage, replacement of parts (due to other than normal wear) or repetitive service calls caused by the use of supplies.
Service of accessories, alterations, attachments or other devices not furnished by Active Voice & Data;

(a) Additional service time and/or replacement parts due to conditions set forth in the Sections hereof entitled “Access to items” “Engineering Changes – Installation and Control.”
(b) Repair of damage or increase in service time caused by accident such as breakage, shock or spillage; misuse or abuse; disaster which shall include but not be limited to fire, flood, water, wind and lightning; transportation; neglect or misuse;
(c) Such service which is impractical for Active Voice & Data to render because of alterations in, or attachments to, an item or its connection by mechanical or electrical means to another device.
(d) Relocation of items and costs associated with relocation.  Relocation to another country may result in Active  Voice & Data no longer being able to maintain an item.
(e) General usage and queries on ‘how to’ with items listed in this agreement
(f) Consumables items such as Toners, Fuser Units, Ribbons etc.
(g) A full system recovery carried out by Active Voice & Data or restoration of one or more files
(h) Problems caused by a user accidentally or knowingly deleting files or programs
(i) Issues relating to third party solution or product.  If Active Voice & Data has been assisting in the resolution customer will be charged accordingly.

ACCESS TO ITEMS

In order for Active Voice & Data to carry out its support obligations the Customer shall:

(a) Provide Active Voice & Data with full and free access to the items covered by this agreement.
(b)  When possible, have a technically competent person with knowledge of the system present throughout the time Active Voice & Data is working on the issue.
(c) Retain copies of all software, complete with valid licence keys, in a safe and accessible place, and provide Active Voice & Data with this in the event of a re-install.
(d) Provide a suitable working environment for access with all facilities including, but not limited to, adequate space, electrical power and telecommunication facilities.

If persons other than Active Voice & Data representatives shall install model conversions or feature additions or shall perform service on a machine, and as a result further repair by Active Voice & Data is required, such further repairs will be made at Active Voice & Data’s applicable time and material rates and terms then in effect.

If such additional repair is required, Active Voice & Data may withdraw the item from this agreement upon one month’s prior written notice to the Customer following any repetition of the need for additional repair of such items caused by non-Active Voice & Data service activity.

ENGINEERING CHANGES – INSTALLATION AND CONTROL

Engineering changes, determined applicable by Active Voice & Data, will be controlled and installed by Active Voice & Data on items covered by this Agreement.  The Customer may, by providing notice subject to written confirmation by Active Voice & Data, elect to have only mandatory changes, as determined by Active Voice & Data, installed on items so designated.

HARDWARE

- Replacement equipment will be provided in the event of a problem not being resolved onsite.  This equipment will be left in place until such time as the faulty equipment can be repaired and returned to site.  Where applicable he operating system will be installed to the default factory settings.
- If a PC or laptop requires repair offsite a suitable replacement will be issued until such a time as the original machine is repaired and returned.
- In the event that an item cannot be repaired, Active Voice & Data guarantees to provide a replacement piece of equipment of equal or higher standard
- Active Voice & Data adheres to specific procedures for documentation of any customer equipment taken off-site for repair or replacement and fully adhere to the customers tracking procedures as required.
- Active Voice & Data holds appropriate levels of spare parts at nationwide locations and field-based engineers hold van-stock.  Active Voice & Data may recommend that spare parts be kept on the customer’s site.
- Any hardware equipment over 5 years old will be covered by Active Voice & Data on a “best endeavours” basis only (“best endeavours” while every effort will be made to service an item, we cannot guarantee availability of parts and/or like for like replacement equipment.)  Should this hardware be deemed un-repairable, it will be necessary to purchase new equipment to replace same.

CUSTOMER DATA AND PROTECTION

- Active Voice & Data can at no time accept responsibility for loss of data due to failure of a backup system or data corruption arising from viruses.
- It is customer’s responsibility to ensure awareness of the procedures to backup data and test the integrity of these backups.
- The Customer needs to ensure that an up-to-date Infrastructure Anti-Virus System and appropriate Security Policies are in place to ensure proper operation of their system.
- Active Voice & Data can assist to update procedures in place to update The Customer’s anti-virus software, but it is The Customer’s responsibility to ensure that Anti-Virus Software is kept up to date.

SOFTWARE UPGRADES

If applicable, Active Voice & Data will install the latest patches available for a supported product. However, Active Voice & Data cannot be held responsible for products affected by such upgrades.  It is recommended to only install updates on one machine and monitor its performance and responsiveness over a period of time before rolling out to the rest of The Customer’s site.

BESPOKE SOFTWARE AND SOFTWARE PACKAGES

Bespoke Software is software developed by Active Voice & Data to the specification of the customer.  Bespoke Software does not include software developed by any other party.

COVERED BY THE CONTRACT:

Remote service support during normal business hours for the products listed overleaf.  This service covers solving problems encountered when using the software and deals with specific queries with regard to the software.  In order to provide this service the Customer may be required to furnish Active Voice & Data with details and/or data relating to the problem.

NOT COVERED BY THE CONTRACT:

Repairs to damaged programs or data files, resulting from hardware failure. or improper operation, or viruses, or loss of data due to error in backup procedure, or insufficient backup volumes.

     Correction of data from corruption,, for whatever reason.

     Designing of report generator reports, or report layouts.

     Assistance on the customer site.

     Set up of Data

UNAUTHORISED PROGRAM MODIFICATIONS:

No support will be given by Active Voice & Data in relation to any system where the software has been modified by the Customer or any agent of the Customer.

In the case of bespoke software Active Voice & Data undertakes to provide fixes of bugs encountered by the customer.  This does not include the provision of additional features not in the specification.  In the cace of software packages not developed by Active Voice & Data.  Active Voice & Data does not guarantee availability of bug fixes.