1 - Definition

The Facteris ERP software maintenance contract, hereinafter referred to as the "Software", is a service contract between : Multios SA This contract provides the customer with an annual subscription to the services described in paragraphs 5 and 6 below.   

1. 1. Successive versions of the Software are identified by a number in the form "x.yy", for example "6.10". Major updates called "Version" correspond to a change in the "x" element of the number and are described in section 2.2. Minor updates called "Release" correspond to a change in the "yy" element of the number and are described in section 2.3.

1. 1. A Version upgrade represents a significant improvement in the Software's functionality, technical architecture or man-machine interface. Multios SA offers a specific maintenance contract for such upgrades, known as the "Migration Contract". This contract in no way replaces the Migration Contract.

1. 1. A Release evolution concerns corrections made to the Software by Multios SA resulting from the detection of anomalies or malfunctions, better known as "bugs", the improvement of functionality, a legal obligation, as well as minor updates to functionality and/or man-machine interfaces. Functional anomalies are discovered by users, the customer, our R&D department or any other customer.

 

3 - Update frequency

Multios SA reserves the right to publish a new Release or a new version of the software at any time.  

4 - Contract duration - termination - premium

1. 1. This contract is for a period of one year, renewable by tacit agreement.

1. 1. This contract may be terminated annually on the anniversary date by registered letter sent at least 30 days before the anniversary date.

1. 1. The services described in point 5 of this contract become available as soon as Multios SA receives payment of the subscription fee.

 

5 – Services included in the maintenance contract

1. 1. This contract offers the following services:

1. 1. Making new Releases available to the customer via an electronic communication medium such as e-mail, a website or an update function integrated into the Software.

1. 1. The possibility of submitting to Multios SA, the Software anomaly encountered by the customer by e-mail to support@multios.be.

1. 1. A release is installed by the customer

1. 1. A release is always accompanied by documentation describing :

1. 1. Technical and functional modifications to the software

1. 1. Release installation conditions

1. 1. The release installation procedure

 

6 – Excluded services maintenance contract

1. 1. This contract explicitly excludes the following services:

1. 1. Telephone support. The customer can subscribe to another specific service called "Teleassistance" for this need.

1. 1. Availability of new software versions. The customer can subscribe to another specific service called "Omnium Service" for this purpose.

1. 1. Training and assistance in software development and use

1. 1. Software modifications related to changes in the customer's environment, such as changes in operating systems.

1. 1. Work on the customer's site

1. 1. Any other service not detailed in paragraph 5 above.

 

7 - Warranties

1. 1. Multios SA assumes no other warranties of any kind or nature, express or implied, in connection with this contract and its performance.

1. 1. In particular, it is expressly agreed that Multios SA shall not be held liable for any damages whatsoever, including but not limited to operating loss, loss of data or any other financial loss resulting from the implementation of this maintenance contract.

1. 1. In any event, the financial liability of Multios SA shall in no case exceed the amount paid by the customer as an annual subscription to the services covered by this contract.
   2. This agreement is governed by Belgian law. Any dispute arising herefrom shall fall within the exclusive jurisdiction of the Mons courts. 

 8 - Disputes and courts

This agreement is governed by Belgian law. Any dispute arising herefrom shall fall within the exclusive jurisdiction of the Mons courts.