{"id":10519,"date":"2018-09-14T07:00:08","date_gmt":"2018-09-14T07:00:08","guid":{"rendered":"https:\/\/www.businessanalyze.com\/master-subscription-agreement-version-1-february-2016\/"},"modified":"2019-11-28T09:38:05","modified_gmt":"2019-11-28T09:38:05","slug":"master-subscription-agreement-version-1-february-2016","status":"publish","type":"page","link":"https:\/\/www.businessanalyze.com\/en\/master-subscription-agreement-version-1-february-2016\/","title":{"rendered":"Master Subscription Agreement – Version 1 – February 2016"},"content":{"rendered":"
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Terms of Service<\/h1>
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Business Analyze Software as a Service
\nMaster Subscription Agreement (\u201c<\/span>Agreement\u201d<\/span>)<\/h2>
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Last updated February 19, 2016<\/p>\n

Note: This agreement was updated September 2018.<\/p>\n

1. Scope of the Agreement<\/h2>\n

The Agreement gives the Customer access and right to use the Business Analyze Software (access to\u00a0Software subsequently referred to as \u201cService\u201d) during the Agreement term with such functionality as the Service has at any time.<\/p>\n

The Service are installed on servers at Business Analyze\u2019s hosting partner \u2019s facilities and the Customer gets access to the Service via the Internet, by logging in using an assigned username and password. Business Analyze retains all rights to all elements that the Service consists of. The Customer is not awarded any license or any usage right beyond what is expressly stated in this\u00a0Agreement. As an integral part of this Agreement, the Customer shall have the right to receive support as defined in clause 6 of this Agreement.<\/p>\n

This agreement was last updated February 19, 2016. It is effective between the Customer and\u00a0Business Analyze AS, as of the date you accept this Agreement.<\/p>\n

1.1 Free Trial<\/h3>\n

If you register on our website for a Free Trial of our services, we will enable one or more of our services for you, free of charge until the earliest of a) the free trial ends or b) the date for any services you purchase. This Agreement will also govern the Free Trial.<\/p>\n

PLEASE NOTE: Any data you enter into the Services, or configurations you do, during the free trial,\u00a0will be permanently lost if you terminate this agreement during your free trial period. If you decide to purchase the same services you have in the Free Trial before your Free Trial ends, you can continue the use of your data and configurations after the Free Trial.<\/p>\n

Business Analyze reserves the right to accept or deny any individual or company registration of the\u00a0Service without explanation or cause. You may not access the Service if you are a competitor, except with prior written consent form Business Analyze AS. You may not access the Service for purposes of monitoring the Service\u00b4s availability, performance or functionality, or for any other benchmarking or competitive purposes.<\/p>\n

1.2 Definitions<\/h3>\n

\u201cAgreement date\u201d is the date you submit the Initial Order form. You are from this date our customer and we will enable our Service to you without unnecessary delay.<\/p>\n

\u201cInitial Annual agreement\u201d means that you sign up for an initial 12-month period. Your agreement will be automatically renewed for a running Agreement period in accordance with the agreed Invoice interval.<\/p>\n

\u201cAgreement period\u201d is the current Agreement period you are in. This means initially the Agreement period is 12 months, before it changes to match the Invoice interval you are in.<\/p>\n

\u201cInvoice interval\u201d is the same as \u201cPayment period\u201d, and is specified in the Initial Order form or when agreed changed, in writing at later dates.<\/p>\n

\u201cSubscription fee\u201d is the total amount you are charged for using the service according to your Invoice interval.<\/p>\n

\u201cCurrent invoicing period\u201d is used when invoicing additional User Plans and additional services.<\/p>\n

\u201cData-subjects\u201d are the Customer\u00b4s (Controller\u00b4s) own users as further described in clause 9.<\/p>\n

\u201cInitial Order form\u201d is used to describe the documents (which include information about number of User Plans, Invoice interval, prices, etc.) when initially ordering the Service.<\/p>\n

\u201cUser Plan\u201d is the name of the plan assigned to an individual user for a specific feature-set.<\/p>\n

\u201cCompany Plan\u201d is the name of services with a specific feature-set available on a \u201cper-customer\u201d basis.<\/p>\n

\u201cMetered Services\u201d is the term used for measuring storage volume.<\/p>\n

\u201cPay-per-use\u201d is used when actual use of \u201cMetered Services\u201d are exceeding the limits included in the Service.<\/p>\n

2. Term of the agreement<\/h2>\n

The Agreement is a continuing agreement that runs until terminated by any of the parties according to the provisions in clause 13. Use of, or submitting an order for the Services, constitutes a legally binding agreement between the Customer and Business Analyze.<\/p>\n

3. Limited usage<\/h2>\n

The right to access the Service is limited to such number of Users as specified in the Initial Order\u00a0Form. If the Customer needs to expand the Agreement to cover additional Users, then the usage rights for additional Users shall be ordered from Business Analyze according to the procedure in clause 12.<\/p>\n

The Users should only be the Customer\u2019s employees or consultants who according to a further agreement are performing services for the Customer. The Users shall commit themselves to follow these conditions. The Customer shall commit itself not to let others gain access to the Service or the documentation, either directly or indirectly, by other means than what expressly follows from the Agreement.<\/p>\n

A User\u2019s password may not be shared with any other individual, and User identification may only be reassigned to a new individual replacing one who will no longer use the Service or Content.<\/p>\n

The Customer can solely use the Service for the Customer\u2019s internal purposes. The Customer is not\u00a0entitled to perform data processing on behalf of a third party using the Service. The Customer commits itself to use the Service according to the applicable law and regulations, permissions and requirements in the Agreement.<\/p>\n

The Customer is responsible for the data, materials and the information that the\u00a0Customer or its Users process with the Service. The Customer shall not use the service to send illicit\u00a0spam or otherwise unlawful material using the Service.<\/p>\n

The Customer shall not store or send material containing software viruses and similar harmful computer codes, scripts, files, or programs. The\u00a0Customer shall not attempt to gain unauthorized access to the Service or its related networks or\u00a0systems.<\/p>\n

The Customer is at all times responsible to not interfere with or disrupt the integrity or\u00a0performance of the Service or the data it contains.<\/p>\n

In case of breach of these conditions, Business Analyze is entitled to immediately terminate the Agreement and shut down the Customer\u2019s access to the Service with immediate effect. Such actions from Business Analyze shall not release the Customer from the obligation to pay for the total current Agreement period.<\/p>\n

4. Service availability<\/h2>\n

The Service is delivered on an \u201cas is\u201d basis.<\/p>\n

Some type of Service maintenance will result in disruptions in operation of the Service. To the extent,\u00a0it is possible; the Customer shall be informed of such maintenance with a sufficient notice. Such maintenance shall preferably be attempted performed outside normal office hours and in such way that the Service is disrupted as little as possible. The maintenance may however be performed with a\u00a0short notice or without notice and may be carried out during office hours, if this is necessary to correct errors in the Service or to prevent errors in the Service from occurring.<\/p>\n

The Service availability is dependent upon the use of the Internet, which may be subject to limitations, delays and other\u00a0problems outside Business Analyze\u2019s control.<\/p>\n

Reduced availability of the Service do not entitle the Customer to claim for reduction of the\u00a0subscription fee, unless the reduced availability is due to gross negligence on the part of Business Analyze.<\/p>\n

When the Customer experiences reduced availability the Customer shall notify Business Analyze if the Service is unavailable by submitting a new support request to Business Analyze\u2019s Support Center, available from inside the service or from Business Analyze\u2019s web-site within 3 working days following an incident.<\/p>\n

The Customer must provide all relevant information of the incident, including, but not limited to, a detailed description, the number of affected users and the location of these users and any attempts made by the Customer to resolve the incident. Business Analyze will use its best efforts and available information to rectify the situation as soon as possible, and to validate a claim and make a good faith judgment on whether the claim is eligible. Business Analyze will use its best efforts to rectify the situation and to process any such claim within 30 days.<\/p>\n

5. Errors and error notices<\/h2>\n

There is an error if the Customer does not have access to the Service, or if the Service has reduced functionality and this is caused by circumstances for which Business Analyze is responsible.<\/p>\n

When an error occurs, the Customer shall notify Business Analyze through the Business Analyze\u2019s Support Center specified in clause 4 above, and provide a description of the error and the circumstances of its occurrence according to the notice procedure set out in clause 4 above.<\/p>\n

Business Analyze will try to correct errors within reasonable time after the Customer has notified Business Analyze of the error and Business Analyze has confirmed that error correction has started. Upon Business Analyze\u2019s request, the Customer shall provide necessary assistance to reproduce\/identify the error incident.<\/p>\n

6. Support<\/h2>\n

The Customer shall have the right to receive support from our central support department during normal working hours (08.00-16.00 CET Monday thru Friday with the exception of Christmas Eve, New Year\u2019s Eve and other public holidays), or at specific times indicated by Business Analyze.<\/p>\n

Support requests are submitted to Business Analyze\u2019s Support Center available from inside the service or from Business Analyze\u2019s website. Support includes Business Analyze\u2019s best effort in\u00a0solving software problems based on a detailed description, provided by the Customer, of the problem.<\/p>\n

Finding a solution is not guaranteed. Administration or configuration of the Service for the Customer is not included in the Agreement.<\/p>\n

Support shall be made available in accordance with the following guidelines:<\/p>\n