Product-Specific Terms Archive

Product-Specific Terms Archive

By using our services, you are agreeing to these terms. Please read them carefully.

Support Terms

Effective From 28.03.2021 – 25.06.2021

Client use of Support is subject to the Clearvision Master Services Agreement the (“Agreement”) as executed by Client and Clearvision which incorporates the following terms. Any capitalized terms used but not defined below have the meanings in the Agreement.

1. DEFINITIONS

1.1 “Application” means the software applications as documented in the associated Statement of Work and/or Purchase Order.

1.2 “Charging Period” means each 15 minute block of time between acknowledgment of the Clients Request via the Service Desk and Clearvisions response to the request.

1.3 “Request”means a ticket raised by authorised personnel of the Client for support from Clearvision via the Service Desk. 

1.4 “Service Desk”means the online portal through which the Client can raise a Support Request to Clearvision.

1.4 “Support”means the support services currently branded as “Support” and made available by Clearvision.

1.5 “User” means any employee, representative, consultant, contractor or other party who has access to the Application(s).

2. CHANGES

2.1 Clearvision may modify these terms at any time by posting a revised version on the Clearvision website or by otherwise notifying the Client in accordance with section 39 of the Agreement, provided, however, that Clearvision will provide at least 90 days’ advance notice in accordance with section 39 of the Agreement for adverse changes to any Service Level Agreement. Subject to the 90 day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if Clearvision notify the Client by email, as stated in the email message. By continuing to use Support after the effective date of any modifications to these terms, the Client agrees to be bound by the modified terms. It is the Client’s responsibility to check the Clearvision website regularly for modifications to these terms.

3. CHARGES

3.1 Support is charged for each Charging Period.

3.2 Clearvision shall invoice the Client for the relevant Charges in full and in advance of the relevant Statement of Work and/or Purchase Order commencement date.  For the avoidance of doubt, no Support hours shall be made available for the Client by Clearvision unless and until payment for the relevant invoice has been received in full.  Additional Support hours may be purchased by the Client at any time during the term of the relevant Statement of Work and will be invoiced on the basis set out in this clause 3.2.

3.3 Any on-site assistance requested by the Client or additional materials required to fulfil a Request shall be chargeable to the Client.

3.4 Clearvision retains the sole right to decide whether Support will be delivered remotely or on site at all times.

3.5 Support does not include system recovery from cyber-attacks.

4. SUPPORT

4.1 The Client will provide Clearvision or its representative with unrestricted access to the system and will provide such further facilities and assistance as the representative may require to carry out the work. Clearvision will not be liable for where its representative cannot provide support as a result of the Client failing to provide such facilities or assistance.

4.2 Clearvision cannot guarantee that the remote connection to the Clients system will always be available due to issues with the Clients system or other external factors beyond the control of Clearvision (e.g. Internet service provider problems).

4.3 Clearvision retains the right to decide the appropriate course of action for each Request and will follow the necessary troubleshooting steps in order to diagnose and then rectify the issue.

4.4 Depending upon the nature of the Incident, Clearvision may have to impose a technical and/or process workaround to rectify the Incident as opposed to a fix. Any workaround may be temporary prior to a permanent solution being instigated or permanent if the Client decides not to proceed with a permanent fix.

5. SUPPORT HOURS

5.1 All Requests, responses and time will be tracked by Clearvision. A report shall be made available to the Client upon request.

5.2 Requests will not be processed by Clearvision and will not be subject to the Service Level Agreement if all purchased Support hours have already been used by the Client. Additional Support hours may be purchased by the Client at any time.

5.3 Support hours are non-transferrable.

5.4 If Support hours are not used within the term specified on the Statement of Works/Purchase Order they are non-refundable and non-transferrable.

5.5 Support hours vary depending on the option purchased by the Client. The Statement of Work/Purchase Order will specify the applicable option. The hours of Support provided in each option is specified below:

6. DATA PROTECTION AND SECURITY

6.1 The Client will provide Clearvision with a list of up to five (5) authorised personnel who will be authorised to raise Requests. It is the Client’s sole responsibility to ensure that Clearvision are notified of required changes to authorised personnel.

6.2 Clearvision will not be held liable for any data corruption or loss, howsoever caused. Should any such data loss occur, Clearvision will make every effort to recover the data. If third party specialist data recovery services are required, then it is the Client’s responsibility to cover the cost for this.

7. INCIDENT MANAGEMENT

7.1 Clearvision will notify the Client of any incidents impacting the Client as soon as reasonably possible.

7.2 Clearvision will provide timely updates as to the nature, cause, impact and resolution and closure of any such incidents to the Client.

7.3 The Client must notify Clearvision of any incidents the Client detects as soon as reasonably possible including all faults, unavailability or similar.

7.4 The Client is responsible for communicating any incident updates to other Users as required. 

8. SERVICE DESK

8.1 Users are not permitted to submit Requests. Only authorised personnel identified to Clearvision are permitted to raise Requests.

8.2 The Service Desk can be found at:  https://customersupport.clearvision-cm.com.

8.3 The Service Desk is available twenty four (24) hours a day, seven (7) days a week, three hundred and sixty five (365) days a year.

8.4 All Requests must include the following information: 

a. business impact including how many users are affected and how much of the Application is affected; and

b. which Applications are affected; and

c. a description of the issue; and

d. steps to replicate the issue if appropriate; or

e. screenshots of the issue where applicable; and

f. the Severity Level as defined in section 9.

8.5 Clearvision may request, and the Client shall provide, further information to enable Clearvision to provide a more accurate response and/or a faster resolution.

9. SEVERITY LEVELS

9.1 Clearvision shall validate the Clients determined Severity Level or notify the Client of a proposed change in the Severity Level classification to a higher or lower level with an explanation to support the re-classification. In the event of a dispute regarding the Severity Level classification, the escalation procedure prescribed in clause 10 shall be instigated by either party.

10. ESCALATION PROCEDURE

10.1 If the Client is not satisfied with the response to a Request raised via the Service Desk, the Client must follow the escalation procedure.

10.2 The Client will in the first instance escalate Requests to the Service Desk Team Leader via the Service Desk.

10.3 If the Client is unable to reach a satisfactory resolution with the Team Leader the Client may escalate the issue to the following Clearvision contact:

Support Terms

 Effective From 25.06.2021 – 4.08.2021
Client use of Support is subject to the Clearvision Master Services Agreement the (“Agreement”) as executed by Client and Clearvision which incorporates the following terms. Any capitalized terms used but not defined below have the meanings in the Agreement.

1. DEFINITIONS

1.1 “Application” means the software applications as documented in the associated Statement of Work and/or Purchase Order.

1.2 “Charging Period” means each 15 minute block of time between acknowledgment of the Clients Request via the Service Desk and Clearvisions response to the request.

1.3 “Request”means a ticket raised by authorised personnel of the Client for support from Clearvision via the Service Desk. 

1.4 “Service Desk”means the online portal through which the Client can raise a Support Request to Clearvision.

1.4 “Support”means the support services currently branded as “Support” and made available by Clearvision.

1.5 “User” means any employee, representative, consultant, contractor or other party who has access to the Application(s).

2. CHANGES

2.1 Clearvision may modify these terms at any time by posting a revised version on the Clearvision website or by otherwise notifying the Client in accordance with section 39 of the Agreement, provided, however, that Clearvision will provide at least 90 days’ advance notice in accordance with section 39 of the Agreement for adverse changes to any Service Level Agreement. Subject to the 90 day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if Clearvision notify the Client by email, as stated in the email message. By continuing to use Support after the effective date of any modifications to these terms, the Client agrees to be bound by the modified terms. It is the Client’s responsibility to check the Clearvision website regularly for modifications to these terms.

3. CHARGES

3.1 Support is charged for each Charging Period.

3.2 Clearvision shall invoice the Client for the relevant Charges in full and in advance of the relevant Statement of Work and/or Purchase Order commencement date.  For the avoidance of doubt, no Support hours shall be made available for the Client by Clearvision unless and until payment for the relevant invoice has been received in full.  Additional Support hours may be purchased by the Client at any time during the term of the relevant Statement of Work and will be invoiced on the basis set out in this clause 3.2.

3.3 Any on-site assistance requested by the Client or additional materials required to fulfil a Request shall be chargeable to the Client.

3.4 Clearvision retains the sole right to decide whether Support will be delivered remotely or on site at all times.

3.5 Support does not include system recovery from cyber-attacks.

4. SUPPORT

4.1 The Client will provide Clearvision or its representative with unrestricted access to the system and will provide such further facilities and assistance as the representative may require to carry out the work. Clearvision will not be liable for where its representative cannot provide support as a result of the Client failing to provide such facilities or assistance.

4.2 Clearvision cannot guarantee that the remote connection to the Clients system will always be available due to issues with the Clients system or other external factors beyond the control of Clearvision (e.g. Internet service provider problems).

4.3 Clearvision retains the right to decide the appropriate course of action for each Request and will follow the necessary troubleshooting steps in order to diagnose and then rectify the issue.

4.4 Depending upon the nature of the Incident, Clearvision may have to impose a technical and/or process workaround to rectify the Incident as opposed to a fix. Any workaround may be temporary prior to a permanent solution being instigated or permanent if the Client decides not to proceed with a permanent fix.

5. SUPPORT HOURS

5.1 All Requests, responses and time will be tracked by Clearvision. A report shall be made available to the Client upon request.

5.2 Requests will not be processed by Clearvision and will not be subject to the Service Level Agreement if all purchased Support hours have already been used by the Client. Additional Support hours may be purchased by the Client at any time.

5.3 Support hours are non-transferrable.

5.4 If Support hours are not used within the term specified on the Statement of Works/Purchase Order they are non-refundable and non-transferrable. If You have purchased an Add on Upgrade this must be used within 12 months of purchase. Add on Upgrades not used within this timeframe will be forfeited, non-refundable and non-transferable.

5.5 Support hours vary depending on the option purchased by the Client. The Statement of Work/Purchase Order will specify the applicable option. The hours of Support provided in each option is specified below:

6. DATA PROTECTION AND SECURITY

6.1 The Client will provide Clearvision with a list of up to five (5) authorised personnel who will be authorised to raise Requests. It is the Client’s sole responsibility to ensure that Clearvision are notified of required changes to authorised personnel.

6.2 Clearvision will not be held liable for any data corruption or loss, howsoever caused. Should any such data loss occur, Clearvision will make every effort to recover the data. If third party specialist data recovery services are required, then it is the Client’s responsibility to cover the cost for this.

7. INCIDENT MANAGEMENT

7.1 Clearvision will notify the Client of any incidents impacting the Client as soon as reasonably possible.

7.2 Clearvision will provide timely updates as to the nature, cause, impact and resolution and closure of any such incidents to the Client.

7.3 The Client must notify Clearvision of any incidents the Client detects as soon as reasonably possible including all faults, unavailability or similar.

7.4 The Client is responsible for communicating any incident updates to other Users as required. 

8. SERVICE DESK

8.1 Users are not permitted to submit Requests. Only authorised personnel identified to Clearvision are permitted to raise Requests.

8.2 The Service Desk can be found at:  https://customersupport.clearvision-cm.com.

8.3 The Service Desk is available twenty four (24) hours a day, seven (7) days a week, three hundred and sixty five (365) days a year.

8.4 All Requests must include the following information: 

a. business impact including how many users are affected and how much of the Application is affected; and

b. which Applications are affected; and

c. a description of the issue; and

d. steps to replicate the issue if appropriate; or

e. screenshots of the issue where applicable; and

f. the Severity Level as defined in section 9.

8.5 Clearvision may request, and the Client shall provide, further information to enable Clearvision to provide a more accurate response and/or a faster resolution.

9. SEVERITY LEVELS

9.1 Clearvision shall validate the Clients determined Severity Level or notify the Client of a proposed change in the Severity Level classification to a higher or lower level with an explanation to support the re-classification. In the event of a dispute regarding the Severity Level classification, the escalation procedure prescribed in clause 10 shall be instigated by either party.

10. ESCALATION PROCEDURE

10.1 If the Client is not satisfied with the response to a Request raised via the Service Desk, the Client must follow the escalation procedure.

10.2 The Client will in the first instance escalate Requests to the Service Desk Team Leader via the Service Desk.

10.3 If the Client is unable to reach a satisfactory resolution with the Team Leader the Client may escalate the issue to the following Clearvision contact:

Clearhost Terms

Effective From 28th March 2021 – 4th August 2021

Client use of ClearHost is subject to the Clearvision Master Services Agreement the (“Agreement”) as executed by Client and Clearvision which incorporates the following terms. Any capitalized terms used but not defined below have the meanings in the Agreement.

1. DEFINITIONS

1.1 “Account Information” means information about the Client that is provided to Clearvision in connection with the creation or administration of ClearHost. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with the Services.

1.2 “Application” means the software applications as documented in the associated Statement of Work and/or Purchase Order.

1.3 “ClearHost” means the hosting and hosting support services currently branded as “ClearHost” and made available by Clearvision.

1.4 “Content” means Content that the Client or any User transfers to Clearvision for processing, storage or hosting in connection with ClearHost and any computational results that the Client or any User derive from the foregoing through use of ClearHost. Content does not include Account Information.

1.5 “External Storage” means the data storage associated with the Services which will persist beyond the life of the Host.

1.6 “Host” means a virtualised server deployed to support one or more Applications.

1.7 “Infrastructure” means the ancillary systems support the delivery of the Host systems to the Client.

1.8 “Platform” means the Host/s and associated Infrastructure that provide the basis for the Service delivery.

1.9 “Recovery Time Objective” means the maximum desired length of time between an unexpected failure or disaster and the resumption of normal operations and Service levels.

1.10 “Recovery Point Objective” means the maximum acceptable amount of data loss measured in time.

1.11 “Regions” means the physical location of a cluster of Amazon Web Services data centres.

1.12 “Request” means a ticket raised by authorised personnel of the Client for support from Clearvision via the Service Desk.

1.13 “Service Desk” means the online portal through which the Client can raise a Request to Clearvision.

1.14 “User” means any employee, representative, consultant, contractor or other party who has access to the Application(s).

2. CHANGES

2.1 Clearvision may modify these terms at any time by posting a revised version on the Clearvision website or by otherwise notifying the Client in accordance with section 39 of the Agreement, provided, however, that Clearvision will provide at least 90 days’ advance notice in accordance with section 39 of the Agreement for adverse changes to any Service Level Agreement. Subject to the 90 day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if Clearvision notify the Client by email, as stated in the email message. By continuing to use ClearHost after the effective date of any modifications to these terms, the Client agrees to be bound by the modified terms. It is the Client’s responsibility to check the Clearvision website regularly for modifications to these terms.

3. DATA PROTECTION AND SECURITY

3.1 The Client will provide Clearvision with a list of authorised personnel and technical contacts who will be responsible for Service delivery on behalf of the Client. An additional list of Users who will be authorised to raise Service Desk Requests will also be provided to Clearvision by the Client. It is the Client’s sole responsibility to ensure that Clearvision are notified of required changes to authorised personnel.

3.2 The Client may specify the Regions in which the Client’s Content will be stored. Clearvision will not access or use the Client’s Content except as necessary to maintain or provide the Service, or as necessary to comply with the law or a court order. Clearvision will not: 

a. disclose the Clients Content to any third party; or

b. move the Client’s Content from the Regions selected by the Client; except in each case as necessary to comply with the law or a court order. Unless it would violate the law or a court order, Clearvision will give the Client notice of any legal requirement or order referred to in this section 3.2. Clearvision will only use the Client’s Account Information in accordance with the Privacy Policy posted on the Clearvision website, and the Client’s consent to such usage. The Privacy Policy does not apply to the Client’s Content.

3.3 Clearvision will implement reasonable and appropriate measures designed to help secure the Client’s Content against accidental or unlawful loss, access or disclosure including the provision and configuration of one or more firewalls to secure the application servers.

3.4 Clearvision will implement appropriate access controls applying the principle of least privilege in the delivery of the Services.

3.5 Clearvision undertake to manage the patching of the various operating systems supporting the Service in accordance with a planned schedule.

3.6 Security and vulnerability alerts are available for all operating systems (AWS Linux) implemented by Clearvision on behalf of the Client. Clearvision will monitor these alerts and provide timely and effective resolution of any issues found.

3.7 Delivery of patches to the system will be conducted under change management processes as per section 10 and will be applied within scheduled maintenance periods.

3.8 Critical operating system and application patches will be applied within 7 working days of their release into the public domain. This applies to supported operating systems (AWS Linux) and any applications supporting the Service including firewalls, web server and end user applications.

3.9 Clearvision will provide back ups and monitoring of back up processes. A daily backup is taken between 02:00 and 06:00 (GMT/BST). Backups are retained for a period of thirty one (31) days.

3.10 The Client must notify Clearvision as soon as reasonably possible of any data loss or corruption.

4. CLIENT RESPONSIBILITIES

4.1 Except to the extent caused by Clearvision’s breach of these terms the Client is responsible for all activities that occur under the Client’s account, regardless of whether the activities are authorized by the Client or undertaken by the Client, the Client’s employees or a third party (including the Client’s contractors, agents or Users). Clearvision and Clearvision’s Affiliates are not responsible for unauthorized access to the Client’s account.

4.2 The Client will ensure that the Content does not breach any applicable law, relevant policy or these terms. The Client is solely responsible for the Content.

4.3 The Client warrants that the Client’s Content shall not contain any Special Category Data unless its processing is expressly supported as a feature of the hosted Application in the Application terms. Notwithstanding any other provision to the contrary, Clearvision has no liability under these terms for Special Category Data submitted to a hosted Application in violation of the foregoing.

4.4 Except where explicitly expressed in these terms the Client is responsible for taking appropriate action to secure, protect and back up the Client’s account and Content.

4.5 The Client will be responsible for the access controls applied against the Users of the Applications through password management and the adding and/or removing of Users from LDAP / AD and the Clients identity provider. 

4.6 The Client will be deemed to have taken any action that the Client permits, assists or facilitates any person or entity to take related to these terms, the Client’s Content or use of the Service. The Client is responsible for Users’ use of the Content and the Service. The Client will ensure that all Users comply with the Client’s obligations under these terms and that the terms of any agreement between the Client and a User are consistent with these terms. If the Client becomes aware of any violation of the Client’s obligations under these terms caused by a User, the Client will immediately suspend access to the Content and the Service by such User. 

4.7 The Client is responsible for the management of any Client contracted third party involved in system implementation and ongoing service including infrastructure and networking providers where applicable.

5. LIMITATION OF LIABILITY

5.1 Subject to clauses 24 and 25 of the Master Services Agreement, Clearvision’s total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise for any loss or damage, costs, claims, expenses arising or in connection with these ClearHost terms (excluding when arising under or in connection with any Statement of Work and/or purchase order), including any liability for the acts or omissions of its employees, consultants and subcontractors shall in no event exceed in the aggregate the sum of three hundred thousand pounds (£300,000).

6. HOSTING SUPPORT

6.1 Clearvision will implement, manage and monitor the Services in accordance with these terms, the Agreement and any applicable Statement of Work/Purchase Order.

6.2 The Service in relation to ClearHost includes monitoring and alerting of the Hosted Infrastructure and Applications twenty four (24) hours a day, seven (7) days a week, three hundred and sixty five (365) days a year.

6.3 To raise a Request via the Service Desk the Client must follow the process as defined in the Support Terms posted on the Clearvision website.

7. INCIDENT MANAGEMENT

7.1 Clearvision will notify the Client of any incidents impacting the Client as soon as reasonably possible.

7.2 Clearvision will provide timely updates as to the nature, cause, impact and resolution and closure of any such incidents to the Client.

7.3 The Client must notify Clearvision of any incidents the Client detects as soon as reasonably possible including all faults, unavailability or similar. 

7.4 The Client is responsible for communicating any incident updates to other Users as required.  

8. ESCALATION PROCEDURE

8.1 If the Client is not satisfied with the response to a Request raised via the Service Desk, the Client must follow the escalation procedure.

8.2 The Client will in the first instance escalate Requests to the Service Desk Team Leader via the Service Desk.

8.3 If the Client is unable to reach a satisfactory resolution with the Team Leader the Client may escalate the issue to the below Clearvision contact:

Clearvision Contact: Matt Muschol (Technical Director)

Contact Email: mmuschol@clearvision-cm.com

Contact Phone: +44 (0) 2381 157798

9. UPDATE MANAGEMENT

9.1 Platform release and feature release upgrades are not included in the Service.

9.2 Clearvision may upon request perform updates to the Applications at an additional charge.

9.3 Any agreed updates will be performed under the change management process in section 10 and within scheduled maintenance.

10. CHANGE MANAGEMENT

10.1 A formal change management process will be used for any significant change to the Service provision undertaken by either the Client or Clearvision.

10.2

  1. The change management process will include but not be limited to the following steps:
  2. Statement of Change
  3. Requirements Gathering
  4. Requirements Sign-off
  5. Project Specification
  6. Specification Review
  7. User Acceptance Testing (may be waived depending on change)
  8. Project Scheduling
  9. Changes Affected
  10. Project Review
  11. Project Sign-off

10.3 Both Clearvision and the Client may identify and notify the other Party of any required changes. 

10.4 Clearvision shall be responsible for planning changes and the release thereof. Change release plans shall be submitted to the Client for approval and sign off.

10.5 Clearvision shall be responsible for the project management and completion of any approved changes and the documentation of any configuration changes.

10.6 Changes under this section 10 may be subject to additional charges. Where subject to an additional charge this will be specified in the change plans submitted to the Client for approval and sign off.

11. DISASTER RECOVERY AND BUSINESS CONTINUITY

11.1 Clearvision has a business continuity plan and testing schedule that is kept under regular review.

11.2 The systems forming the Service are monitored at all times and Clearvision is alerted to any abnormalities.

11.3 Clearvision shall notify the Client as soon as reasonably practicable in the event of a system failure or performance issue.

11.4 The Client shall, as soon as reasonably practicable notify Clearvision of any system failure or performance issue the Client identifies.

11.5 Clearvision will use all reasonable endeavours to restore the Services within the following objectives: 

a. Recovery Time Objective of 4 hours

b. Recovery Point Objective of 24 hours

12. TERMINATION

12.1 All termination requests are subject to verification of ownership of the account.

12.2 In the event of a termination under this section 14, the Client shall be liable for all fees and charges accrued prior to the effective date of termination, payable in accordance with the payment terms in the Agreement.

12.3 Upon the effective date of termination access to the hosted service will be disabled.

12.4 Clearvision will export a backup of the Client’s data and store it in a secure SFTP site accessible to the Client for thirty (30) days. Thirty (30) days post the termination effective date (or earlier if requested by the Client) the data on the SFTP site and the infrastructure will be securely deleted by Clearvision in accordance with Clearvision’s disposal policy.

Product-Specific Terms