Terms and conditions of sale

SEEMSREAL sale of products and services, are governed, unless specific agreements, by the following conditions:


Installation Services

The value of equipment or software programs, does not include any installation, configuration, training or delivery expenses. SEEMSREAL offers a tabulated Installation Services list (SICs) that should always accompany the sale of an equipment or program. Alternatively, these services can be charged according to consumption.


Travel, Meals and Accommodations

All travel, meals and accommodation expenses will be charged according to our Price List or, if properly explained, according to the contract under which they are made.


Other Services

Those services not included in the contracted services will be charged according to our Price List or, if properly explained, according to the contract under which they are made.


VAT

All indicated values are subject to the VAT rate in effect at the time of billing.


Order Confirmation

The orders are awarded only after written confirmation by the CUSTOMER and payment of 50% of the total order (VAT included).


Billing Conditions

The invoices are issued upon delivery of the equipment or programs and after providing the services. Invoices relaed to contracts are issued in accordance with the rules of the respective contract. In particular, the Implementation Agreements (projects) will be issued monthly, at the end of each month, according to the number of hours that the technical staff reports for the project.


Payment Conditions

Supplies and punctual services (including the first sale made to a new CUSTOMER) and consumables sales have Payment Condition upon delivery of goods or the date on which the invoice for the provision of services. For invoices relating to contracts, the payment terms are specified in the relevant clauses. In the particular case of Implementation Agreements (Projects) the rule will be Payment at front. In all the other cases the payment terms are 30 days from the date of invoice.


Documentation

All the documentation, technical and user guides, provided by the manufacturers of the equipment and installed programs is delivered to the CUSTOMER.


Warranty

The indicated values include the warranty given by the manufacturers. The Service Activities carried out by SEEMSREAL in the equipment under warranty, are not covered by these guarantees and will be invoiced. Warranties of services provided by SEEMSREAL are the constants in Civil Code (Applicable law - Decree Law No. 67/2003 of April 8, Law No. 24/96 of 31 July and Decree Law No 84/2008 of 21 of May). The warranty starts when the time of delivery or completion of services provided.


Validity of Bids

The proposals are valid for 30 days from the date that they are issued. Exceptions to the proposals relating to special offers that have the validity of the respective offer.


Price changes

The Price List (and Service) of SEEMSREAL is updated at least once a year, at the beginning of each calendar year, proceding SEEMSREAL to its disclosure.


Work schedule

All services provided by SEEMSREAL will be carried out within the normal working hours, i.e. from 9:00 to 13:00 and from 14:30 to 18:30. The Service Desk (Primavera, Systems and Communications) operates in continuous schedule from 8:00 to 19:30. Verifying the need, SEEMSREAL may provide services outside of normal working hours, being the CUSTOMER responsable to pay the overtime work under the Labour Code in effect.


Calendar

All services provided by SEEMSREAL will be made within the SEEMSREAL annual calendar published in SEEMSREAL Support page at https://support.seemsreal.com.


Technicians / Consultants levels

Technical / consultants inside SEEMSREAL are classified into three levels according to the knowledge and experience they have on the services to be provided. The updated list of the technical and levels can be found on the SEEMSREAL support site. Each level is associated with a coefficient that multiplies by the value of time (or number of hours) actually incurred.


Conversion of Days in Hours

To convert days in hours, are considered days of 7 hours..


Project disclosure

Unless written statement by the CUSTOMER, SEEMSREAL reserves the right to advertise the services provided and to identify hiring entities.


Access to CUSTOMER data

Unless written statement by the CUSTOMER, this one allows SEEMSREAL, manufacturers or business partners to access their data within the framework of Incident, Service Activities reported by the CUSTOMER or triggered by initiative of SEEMSREAL within its relationship with the CUSTOMER.


Remote access

Unless written statement by the CUSTOMER, this one allows SEEMSREAL to remotely access their computer system within the Support Service Activities, installation or project.


Confidentiality

SEEMSREAL treats confidentially all CUSTOMER is information with it has access to during interventions, pre-sales phase and in the field of services, as follows: Do not disclose or publish in whole or in parts, to any entity, except as expressly authorized in writing consnt by the CUSTOMER, the content of any conversations or documents relating, directly or indirectly, the processes that develop with their customers, as part of the services provided, giving the treatment of confidential information. Requires all its employees / staff, regardless of the relationship that they have with SEEMSREAL, employment or provision of services, and its durability, the fulfillment of confidentiality in the exact terms defined herein. Undertakes to provide confidential information set here, within your organization, only to employees / officials to whom the information is essential for the performance of their duties. The confidentiality duties cease to SEEMSREAL is required to disclose confidential information to a public authority, in accordance with applicable law.


Availability

SEEMSREAL considers that there is availability of its support system and maintenance, when all the mechanisms for registration and incident control are in normal operation without restrictions.


Continuity

SEEMSREAL as part of its Management System, manages all risks that may affect the business and support its customers. SEEMSREAL guarantees that these risks are controlled and that there are plans in place and tested for the recovery of their services in order to assure customers the security of continuity of contracted support.


Responsibility

SEEMSREAL shall not be liable for any loss or damage arising from failure or delay of support service activities, installation or project.


Jurisdiction

For the resolution of any dispute regarding the interpretation or implementation of the provision made by SEEMSREAL, will be the competent court of the district of Leiria, with express waiver of any other. Judicial or extrajudicial expenses, including trustee's fees, arising therefrom shall be borne by the CUSTOMER.


Incidents log, Service Orders, Complaints and Comments

Incidents log, Service Orders, Complaints and Comments SEEMSREAL offers its customers the ability to formalize the recording of incidents, service requests and complaints on the support Web site at https://support.seemsreal.com by registering on the appropriate form, being. Alternatively and availability of the support site, you may still need to register through the Call Center at telephone number 808 222 808 at a cost of local call by e-mail in seemsreal@seemsreal.com, or through formalization in letter sent to our facility in

SEEMSERAL Lda (inCentea)
Rua das Oliveiras, 51A
2415-456 Leiria
Portugal
P: +351 808 222 808

In case you need to formalize a note about an accomplished service, the CUSTOMER through their supervisor's relationship with SEEMSREAL can formalize the observation to an incident or activity thereof, the support portal, within the time limits set for the approval of incidents ( 48 hours).


Support Agreements

SEEMSREAL offers its CUSTOMERS the following types of Support Agreements:
Base Support Agreement (CSB) - The CUSTOMERS who wish to make use of the advantages of having a support contract, but do not require pre-scheduling in-person or proactive interventions, can join the Support Agreement Base. This contract, prepaid, assumes that all interventions are carried out at the initiative of the CUSTOMER.
Contract Monthly Support (CSM) - For the CUSTOMERS who favor an ongoing relationship, we have created the Monthly Support Agreement version, which is characterized by: minimum monthly credit consumption, guaranteed by the previous timing of a predetermined number of monthly interventions; Custom media always run by the same technicians; Preferably in meeting Service Desk; Phased payment during the year.
Global Support Agreement (CSG) - For customers who prefer a continuous, personalized and simple interface, we created the Global Support Agreement version, which is characterized by assuming that: You joined the Monthly Support Agreement, included in the contract interventions proactive appropriate to the size of your system and have the SDD as payment of all invoices. Offering: Free Movements (up to 90 km round trip); Discount tabulated services (SICs, SAMs, SADs); Annual report on the implemented information system and the consequent action plan suggested for the coming year; Personalized support.


SEEMSREAL Support Service Level

Customers with active and established contract relative to the support, have a level of service guaranteed by SEEMSREAL response to the first contact by the service desk with the purpose of triggering the resolution of the incident. You are responsible for registering the incident and validate it through the set supervisor.
This level of service is nicknamed SLA SD (Service Level Agreement - Service Desk). For the type of contracts CSB - the guaranteed level of service is 8 hours for 90% of reported incidents. For the type of contracts CSM and CSG - the guaranteed level of service is 4 hours for 90% of reported incidents.


Changes to Support Services

SEEMSREAL in the course of continuous improvement and control of its Management System, and can make changes that affect the Support Service to its CUSTOMERS, causing service breaks which can be planned or emergencies. These changes are set out in service level agreement with the CUSTOMER. The process set to change management intends to implement beneficial improvements to customer support, with the least possible service disruption.
Planned changes - All changes framed in the continuous improvement process. Customer are notified case resulting in the arrest of services within the stipulated service time for the CUSTOMER.
Emergency changes - All changes to the Support Service need to be implemented immediately to address critical or security incidents in infrastructure SEEMSREAL, may cause the service break of SEEMSREAL.


Industrial and intellectual property

Source code supplied or developed by SEEMSREAL - SEEMSREAL gives its CUSTOMER or PARTNER, physical media (diskettes, CDs, etc.) containing software (computer programs or parts thereof) that is designed specifically for its use, also as the terms of the License of use and documentation of installation and use, and gives its CUSTOMER a license to use this developments in accordance with the terms set forth herein. CUSTOMER or PARTNER may not assign or transfer against payment or free of charge this software and / or development to third parties or copy them. The intellectual and industrial property rights and all other rights to the software and / or development are owned by SEEMSREAL and its suppliers;


DEFINITIONS


Program

Computer programs are considered to be any computer program or application base platform (such as the operating system, the database, the virus, etc.), or management application (for administrative areas / financial, commercial, production, etc.).


Equipment

Are considered equipments all the physical components of the solution such as simulators, mannequins, body parts, skeletons, servers, workstations, printers, network equipment and communications, etc.


Consumable

Are considered consumables all devices required to operate the equipment but that are degradeted by its use (skins, pads, canisters, devices for backups, etc.).


Installation

It is considered installation, any service provided following the sale of equipment or program, to put in place such equipment or program.


Project

Projects are considered, the services rendered in connection with a proposal that includes for example: installation, customization, training, customization and support in starting a solution.
Projects are budgeted in days, according to average time of implementation equivalent to scale projects.
In this sense, are open projects, invoicing SEEMSREAL the day actually made.


Data Import

Importing data is the introduction (manual or transfer) of the application database: customers, articles, stock, open documents, etc.
Importing data is the responsibility of the CUSTOMER, in this sense, unless otherwise importing data is not included in the budgeted services.


Support

Its considered support, any service after installing a device or program in order to resolve a malfunction, or to realize a change in the initial setting or improving the functionality of the equipment or program.


Service catalog

The Service Catalog is a document developed in order to define and communicate the services which form part of SEEMSREAL.
The Service Catalogue also serves as the basis and reference for the establishment of service level agreements with CUSTOMERS.


SLA

The SLA (Service Level Agreement) is a written agreement defining the level of service to be provided by SEEMSREAL to the CUSTOMER, identifying the objectives of the services and responsibilities of both parties.


Incident

Are considered incidents, all events that are not part of normal operating procedures established for a particular service, cause or that may cause an interruption or deterioration in the quality of service.


Security Incident

Event that results, in the context of the relationship of SEEMSREAL with the CUSTOMER, or may result in the loss or damage of one or more attributes of information, confidentiality, integrity and / or availability, or a violation of the Information Security Policies in force by SEEMSREAL.


Request for Service

Considered to be a request service all the events that shall not constitute a system failure. They are, therefore, a type of incident.


Complaint

Expression of dissatisfaction made to the organization, related to its products, services and / or processes for which is expected and required a resolution explicitly or implicitly.


Call Center

The Call Center aims to be the point of contact, available to the CUSTOMER, designed for recording incidents, service requests and business affairs, reported by the CUSTOMER, by phone, email or fax. The Call Center registers and forwards it to the Service Desk or comercial area.


Support Site

The Customer Support Site is a controlled area on the Internet available to the CUSTOMER 24 hours a day, 7 days a week, where the CUSTOMER can interact with the Service Desk or the comercial area.


Service Desk

The Service Desk is the function that gives support to users of CUSTOMER organizations in the use of services / products supplied / provided by SEEMSREAL. The Service Desk comes into contact with the CUSTOMER, after the incident registration according to the defined priority and the agreed SLA.


Service Activity

Are considered service activities all actions undertaken in order to solve incidents. Service activities are triggered after the incident log. The Service Desk according to the defined priority and the established SLA, schedule the service activity with the CUSTOMER. The service activity may be conducted by telephone, on the premises of the Customer at the premises of SEEMSREAL or remotely.


Telephone Service Activity

The expression telephone service activities clarifications provided during a telephone call resulting from an incident record. Telephone service activities will be provided only to CUSTOMERS with a Support Agreement.


Service Activity in the CUSTOMER's premises

When, following a reported incidente a presence service activity is necessary, and after the CUSTOMER's agreement, technicians SEEMSREAL will travel to the CUSTOMER's premises to carry out that activity. The service activity time, including the time to research if any, displacement, feeds and stay if any, will be charged according to the conditions of the Customer Support Agreement or failing that, according to the Table Prices in effect.


Service Activity in SEEMSREAL facilities

If desired, the CUSTOMER can move to SEEMSREAL facilities where service activities can be provided. Whenever possible, the CUSTOMER must first register the incident to the Service Desk can schedule with the customer the service activity in SEEMSREAL facilities. The time of the service activity, which includes the time to research if any, will be charged under the conditions of the Customer Support Agreement or failing that, according to the Price List in force. Consider themselves service activities in the SEEMSREAL facilities, activities arising from a phone service activity that requires further investigation, contact the manufacturer or any other reason that does not allow closing the incident during the phone call.


Remote Service Activity

Remote service activities are carried out over the internet and allow a technician (who is not on the premises of the Customer) into the computer of the CUSTOMER system to try to resolve the incident. To SEEMSREAL provide a remote service activity the CUSTOMER must dispose of internet access.
Remote service activities will be provided only to CUSTOMERS with Support Agreement.
The time of the service activity, which includes the time to research if any, will be charged under the conditions of the Customer Support Agreement.


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