IMPORTANCE NOTICE: This page sets out the general terms of service applied to Hornbill’s cloud platform. If you are subscribed to a SaaS solution that is delivered on the Hornbill cloud platform, for example http://myservicedesk.com/ or http://hornbill.com/ then the terms agreed for the specific service you are subscribed to take priority over the terms set out here.
|AGREEMENT||Which basically means…|
|As a result of you (“Customer”) and Hornbill Technologies Limited a company incorporated in England and Wales (registered no. 07244938) whose principal place of business is at Apollo, Odyssey Business Park, West End Road, Ruislip, HA4 6QD (“Hornbill”) signing or otherwise accepting an Order Form in connection with Hornbill SaaS Service, these are the terms (referred to in the Order Form) upon which Hornbill shall supply those services to you. For the avoidance of doubt, there is no contract to supply such service until the Order Form has been explicitly accepted by Hornbill in writing or electronically.||This is an agreement setting out the terms of service under which we provide you access to and the use of our SaaS solutions.
|1. DEFINITIONS||Which basically means…|
|In these terms, unless the context otherwise requires, the following words and expressions mean:“Commencement Date” the date specified in the Order Form“Customer Data” information, data, editorial content, intellectual property in any form relating to the Customer, including without limitation, its employees, customers, business and activities, including such data otherwise governed by applicable data protection legislation, posted or submitted to the SaaS Service Customer User or by Hornbill on behalf of Customer“Customer User” an employee or contractor of the Customer who has an individualised login identification and password, to have access to, use of the SaaS Service
“Intellectual Property” any and all copyright and all related rights, neighbouring rights including any rights relating to unauthorised extraction or reutilisation, design rights and any other intellectual property rights whether registered or not
“SaaS Service” the provision for the Customer by Hornbill or its contractors of a Hornbill software application accessed by Customer using their own hardware and software over the internet
“Service Parameters” the system resources and any other parameters or limits of the SaaS Service as contained in the Order Form
“Service Levels” the service levels for the SaaS Service published by Hornbill from time to time on www.hornbill.com
“Service Credits “ Credits due to Customer
“Service Support” the support of the SaaS Service as set out in Schedule 1
“Order Form” any electronic or hard copy document signed or otherwise accepted by the parties incorporating these Terms and setting out the commercial terms upon which the SaaS Service is supplied to Customer
“Subscription Fee” the fees and charges as defined in the Order Form to be paid by the Customer to Hornbill from time to time under these terms for the SaaS Service for any Subscription Period
“Subscription Period” Period of time as defined in the Order Form being the minimum period of time for which the SaaS Service will be provided
“Subscription Duration” Period of time as defined in the Order Form being the intended period of time for which the SaaS Service will be provided
“Trade Marks” Hornbill’s own corporate, trade and product branding, trademarks, service marks or other similar Intellectual Property rights owned by Hornbill from time to time
“Disclosing Party” A party to this agreement disclosing information to the other party
“Receiving Party” A party to this agreement receiving information from the other party
|This is where we define specific terms to ensure there is no ambiguity. The text in this right-hand column (which you are currently reading) is provided for your convenience in plain english in order to make it easy for you to quickly understand the outline and intent of our terms of service.
However, please remember that our lawyers and contract people will require us to agree to the actual terms which are written in the left-hand column of this document. The actual terms of service are written in a slightly arcane, convoluted and specialized jargon of lawyers and legal scholars that can be difficult to understand for many of us; but this is required in contract law in order to properly protect both parties.
|2. COMMERCIAL BASIS||Which basically means…|
|2.1 Hornbill shall, subject to and in accordance with these terms and any applicable Order Form for the Subscription Duration provide the SaaS Service according to the Service Parameters using reasonable commercial efforts in accordance with the Service Levels.2.2 Hornbill shall provide Service Support.2.3 Hornbill shall from time to time update the SaaS Service to a more recent or the most recent version of the Hornbill software.2.4 Hornbill shall, given reasonable notice, provide Customer with a copy of the most recent Customer Data in a machine readable format as determined by Hornbill. The notice period and maximum frequency of providing the Customer Data are both defined as part of the Service Parameters.
2.5 The Subscription Fees for the SaaS Services shall be paid by the Customer in accordance with the Service Parameters.
2.6 Customer shall be due Service Credits following any failures of the SaaS Service to meet the Service Levels as published by Hornbill from time to time on www.hornbill.com
2.7 Fees for Services are exclusive of Value Added Tax (VAT) or other Government imposed excises or taxes (if any) which shall be paid by the Customer at the rate and in the manner for the time being prescribed by law.
|You are entitled to receive the SaaS service you have purchased. It will be in accordance with the service levels we publish and the service parameters specified on the order form. If the service levels are not met you will be entitled to credits. You must pay us the subscription fees for this including taxes. Everyone has to pay their taxes.|
|3. CUSTOMER KEY RESPONSIBILITIES AND SERVICE USE||Which basically means…|
|3.1 Customer shall
3.1.1 follow any technical and operational guidelines published by Hornbill from time to time when accessing the SaaS Service
3.1.2 ensure that only adequately trained and authorised persons are permitted to access the SaaS Services
3.1.3 provide reasonable support to Hornbill in managing and monitoring of the quality of the SaaS Services and in planning and implementing any agreed enhancements to the Services
3.1.4 be deemed to have accepted the SaaS Service for all purposes under this agreement upon any use thereof for commercial production
3.1.5 shall protect and keep confidential the login credentials that each Customer User uses to access the SaaS Service, to a standard not lower than it generally uses across its business to protect access to its own computer systems3.2 The Customer acknowledges and agrees that it is solely responsible for complying with any laws or paying any taxes duties and tariffs applicable in any way to its use of the SaaS Services (other than taxes on the net income of Hornbill) and will hold harmless protect indemnify and defend Hornbill and its subcontractors from any claim action suit penalty tax fine or tariff arising from such use of the SaaS Services or exercise of internet electronic commerce and/or any failure to comply with any such laws taxes duties and tariffs.3.3 The Customer unconditionally represents warrants and undertakes that all Customer Data
3.3.1 is owned by the Customer or that the Customer has permission from the rightful owner to use Customer Data in the SaaS Service and that the Customer Data is in no way whatsoever a violation or infringement of any third party Intellectual Property, right of privacy or publicity or any other rights of any person
3.3.2 is not obscene, libellous or defamatory or in any other way unlawful
3.3.3 is free of viruses and other malware employing virus and malware protection procedures of no lower standard than it uses to protect the integrity of its own computer systems3.4 The Customer represents and warrants that
3.4.1 it will use the Saas Services for lawful purposes only and in accordance with all applicable laws, regulations, licences and Hornbill policies
3.4.2 it will not attempt to decompile, reverse engineer or hack the SaaS Service or to defeat or overcome any encryption and/or other technical protection methods implemented by Hornbill.
3.4.3 it will not use any automatic or manual device or process nor take any steps, including penetration testing, to interfere with or in any manner compromise any security measures or the proper working of the SaaS Service
3.4.4 it will not use any other individual’s or entity’s login or identity or any other unauthorised method to access or use the SaaS Service
3.4.5 It will not attempt to exceed any limits imposed by the Service Parameters nor take any steps to interfere with or compromise any methods implemented by Hornbill to monitor and enforce the Service Parameters.
3.4.6 it will not collect any information or communication about Hornbill or users of SaaS Services by monitoring, interdicting or intercepting any process of the Saas Service
3.5 The Customer hereby agrees to hold harmless protect indemnify and defend Hornbill and its subcontractors from any liability (including legal and administrative fees and costs on a full indemnity basis) or any claim, prosecution or suit, threatened or actual, arising from any breach by the Customer of its obligations under this clause 3
|We know the best way to access our service, so please read the guidelines we publish and follow their guidance. Use the service properly and legally, don’t mess about with it or try to hack into it and don’t put any data in that will get you into trouble.|
|4. RIGHTS IN SERVICES, SOFTWARE AND DATA||Which basically means…|
|4.1 The Customer acknowledges and agrees that Hornbill work product comprising or within the SaaS Services, consists of original work and materials undertaken by Hornbill either previously or in performing its obligations under these terms (together “Hornbill Intellectual Property”). The Customer acknowledges and agrees that the copyright and all other intellectual property rights in such Hornbill Intellectual Property whenever created shall remain the exclusive property of Hornbill and the Customer shall have no rights in respect thereof save as may be granted to it by Hornbill pursuant to these terms or in accordance with any licence or agreement which Hornbill may enter into with the Customer from time to time. The Customer agrees to use the Hornbill Intellectual Property only as provided in these terms and to not use it to develop software for third parties or for any other purpose without the prior written authorisation of Hornbill. The Customer will take all reasonable steps to protect the intellectual property rights of Hornbill in the Hornbill Intellectual property.4.2 Hornbill acknowledges and agrees that copyright in Customer Data may belong to the Customer or a third party and for the avoidance of doubt asserts no claim pursuant to these terms inconsistent with any such rights4.3 The Customer shall
4.3.1 not remove or interfere with any trade marks, copyright or trade mark notices affixed or installed by Hornbill on the SaaS Service or any copy of the Software or other Hornbill Intellectual Property
4.3.2 not use the SaaS Service to provide or be part of any commercial and/or external service that they provide.4.4 The Customer acknowledges and agrees that the SaaS Services may use Customer User activity monitoring and metering software to avoid any unintentional violation of licence or service usage terms and to protect Hornbill against unauthorised, unlicensed or illegal use of the SaaS Services
|We have put a lot of work into building the service and it’s our intellectual property and you agree it’s not yours and you’ll look after it while you use it and not mess with it or pretend it’s yours. Similarly all the data and information you put into the system is yours and/or belongs to a third party and specifically it’s not ours.|
|5. LIABILITY AND LIMITATIONS||Which basically means…|
|CUSTOMER’S ATTENTION IS EXPRESSLY DRAWN TO THE PROVISIONS OF THIS CLAUSE5.1 Limitation of liability.The obligations accepted by Hornbill in Clause 2 are in lieu of all other warranties or conditions of any kind, express or implied, regarding the subject matter of this agreement including warranties or conditions of quality, performance, non-infringement, merchantability or fitness for a particular purpose . Nor are there any warranties or conditions created by course of dealing, course of performance, or trade usage. Further Hornbill does not represent or warrant that the SaaS Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or will operate without data loss, nor does Hornbill warrant or guarantee any connection to or transmission from the internet.
The SaaS Service may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Hornbill accepts no liability of any kind whatsoever, including liability for negligence, for the continuing existence, operation, interoperability, facilities or functions or consequences direct of indirect of any customer using the internet or any other electronic communications facility.
In no event shall Hornbill be liable for indirect, consequential, or incidental damages (including damages for loss of business profits or anticipated savings, business interruption, loss of business information, and the like) however caused (including negligence) arising out of the relationship between Hornbill and Customer even if it has been advised of the possibility of such damages.
In any event Hornbill’s cumulative liability under these terms or any transaction contemplated hereunder or for any software data report or information or service provided to customer or any defect or failure therein or arising from any court of competent jurisdiction holding any of the above warranties or disclaimers or limitations of liability invalid, including any cause of action in contract, tort or strict liability, shall be limited to the fees paid by Customer to Hornbill under these terms during the 12 months prior to such event.
Hornbill’s limitation of liability is cumulative with all Hornbills expenditures to address liability being aggregated to determine satisfaction of the limit. The Customer releases Hornbill from all obligations, liabilities, claims or demands in excess of the limitation. The parties acknowledge that other parts of these terms rely upon the inclusion of this clause 5 and the resulting allocation of risks.
Nothing in these terms shall exclude or limit the liability of Hornbill, its service entities and personnel for fraud or death or personal injury caused by their negligence or the negligence of their employees agents or contractors or where such exclusion or limitation is prohibited by applicable law, and then only to the extent of the prohibition.5.2 As some jurisdictions do not allow some of the exclusions set out in this clause 5, some of these exclusions may not apply to you. In the event that any court of competent jurisdiction rules any other limitation of liability invalid or unenforceable, Hornbill’s total aggregate liability shall not exceed the total sum which Hornbill may recover with respect to its liability for such loss or damage under its professional indemnity insurance (which is at the date of this agreement is with respect to professional indemnity not less than £1,000,000 for any one claim or series of claims arising out of one incident or event)5.3 The Customer and Hornbill agree that all terms and limitations of these terms, including the warranty and liability limitations and exclusions, are fair and reasonable in light of the amounts to be paid by the Customer, the nature of the Services, the strength of the bargaining position of each party, the alternative ways the Customers needs could have been met and the potential benefits and risks for both party in entering into these terms
|If things go wrong this states that Hornbill’s maximum liability to you is to return what you have paid in the preceding 12 months. The law says there are specific circumstances where this limit can be exceeded which of course we agree to.|
|6. CONFIDENTIALITY||Which basically means…|
|6.1 Definition of Confidential Information and Exclusions.
“Confidential Information” means non public information designated by the Disclosing Party as confidential and includes without limitation the terms of this Agreement, Customer Data, each party’s proprietary technology, business policies, plans and practices, product information, designs, issues, all communication between the parties to this agreement regarding the SaaS Service and any information that is clearly identified in writing by the Disclosing Party at the time of disclosure as confidential.Confidential Information shall not include any information, however designated, that6.1.1 is or subsequently becomes publicly available without Receiving Party’s breach of any obligation owed to Disclosing Party
6.1.2 became known to Receiving Party prior to Disclosing Party’s disclosure of such information to Receiving Party pursuant to or prior to or in contemplation of these terms
6.1.3 became known to Receiving Party from a source other than Disclosing Party other than by the breach of an obligation of confidentiality owed to Disclosing Party
6.1.4 is independently developed by Receiving Party without use of Disclosing Party’s Confidential Information or
6.1.5 constitutes Suggestions (as defined in clause 6.4 of these terms)6.2 Obligations Regarding Confidential Information.
Receiving Party shall
6.2.1 take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information of the Disclosing Party and shall procure that all of its directors, employees, professional advisers and sub-contractors who have access to any information of the disclosing party to which the obligations of clause 10 apply shall be made aware of those obligations
6.2.2 not disclose any Confidential Information to its sub-contractors without first obtaining their written agreement to confidentiality obligations no less onerous than those set out in this clause 66.3 Receiving Party may disclose Confidential Information of Disclosing Party in accordance with a judicial or other governmental order, provided that Receiving Party either
6.3.1 gives the Disclosing Party reasonable notice prior to such disclosure to allow Disclosing Party a reasonable opportunity to seek a protective order or equivalent, or
6.3.2 obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation. Notwithstanding the foregoing, the Receiving Party shall not disclose any computer source code that contains Confidential Information of the Disclosing Party in accordance with a judicial or other governmental order unless it complies with the requirement set forth in clause 18.104.22.168 Suggestions.
The Customer may from time to time provide suggestions, comments or other feedback (“Suggestions”) to Hornbill with respect to Confidential Information concerning the Services or the Software. Both parties agree that all Suggestions are and shall be given entirely voluntarily. Suggestions, even if designated as confidential by the Customer, shall not, absent a separate written agreement, create any confidentiality obligation for Hornbill. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, Hornbill shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Suggestions provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise
6.5 Use of Data.
|We jointly agree to keep each other’s confidential information confidential. You may give us feedback about our service which we take as suggestions and we may well act on such suggestions, for example improving the system. You agree you are happy for us to do that.|
|7. TERM, TERMINATION AND SUSPENSION||Which basically means…|
|7.1 Unless otherwise agreed in writing, the SaaS Service shall commence on the Commencement Date and shall continue thereafter for the Subscription Duration only during such Subscription Periods periods in respect of which the applicable Subscription Fee shall have been paid in full to Hornbill unless and until terminated under clause 7.2 or 7.37.2 Customer may terminate this agreement for convenience prior to the end of the Subscription Duration by providing written notice to Hornbill of at least one Subscription Period7.3 Either party may terminate these terms by written notice to the other if
7.3.1 the other party commits any breach of any provision of these terms or an Order Form which is capable of remedy (including for the avoidance of doubt any breach referred to in clause 11.3.2) and that other party fails to remedy the breach within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied
7.3.2 the other party commits any breach of any provision of these terms which constitutes a material breach (material breach for this purpose meaning a breach that has caused or, with the passage of time, will cause substantial harm to the interests of the aggrieved party or if it involves knowing and unauthorised infringement of the aggrieved party’s intellectual property, or if it involves knowing or grossly negligent unauthorised disclosure or use of the aggrieved party’s confidential information, or if it involves a continuing failure after warning to pay any undisputed fees when due, or if the aggregate effect of non-material breaches by the same party satisfies these standards for materiality)
7.3.3 the other party shall have a receiver or administrative receiver appointed or shall pass a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the other party shall become subject to an administration order (or have an administrator appointed) or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on business
7.3.4 there are no outstanding Services agreed to be provided under these terms7.4 Upon any termination of these terms
7.4.1 Hornbill will delete the Customer Data between 30 and 60 days after the termination date.
7.4.2 subject as otherwise provided in these terms and to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under these terms
7.5 Customer acknowledges and agrees that if any invoice (not subject to a bona fide dispute) is not paid on the due payment date then Hornbill reserves the right to suspend Customer access to the SaaS Service. Prior to suspension Hornbill will notify of their intent to suspend access and will Hornbill will not suspend the service until at least 30 calendar days have elapsed after the first notice of suspension. Hornbill will remove the suspension once Customer has paid all due invoices not subject to a bona fide dispute
7.6 If Hornbill has reasonable grounds to suspect that the Customers representations, warranties or promises are inaccurate or breached, Hornbill may suspend (without prejudice to any right to terminate) the Customer’s rights , benefits or services under or terminate these terms and any licence attaching from time to time to the use of the SaaS Services
|The service will start on the start date and continue for the duration that you have specified when placing an order with us for the service. This duration is broken down into smaller subscription periods. If you want to cancel the service you must give us written notice of at least this amount of time. If one of us breaks the agreement and doesn’t fix it the other can terminate it.|
|8. GENERAL||Which basically means…|
|8.1 Entire agreement – Neither party has been induced to enter into these terms by a statement or promise which it does not contain. These terms and any applicable Order Form constitutes the entire agreement between Hornbill and the Customer with respect to the supply of Services and supersedes all previous communications, representations and agreements either written or oral (save for fraudulent misrepresentation) with respect thereto. This shall not exclude any liability which a party would otherwise have to the other party in respect of any statement made fraudulently by that party prior to the date of these terms. The application of any general terms and conditions upon which the Customer trades or which it seeks to impose by inclusion in any purchase order or by way of course of trading or otherwise are excluded and shall be of no effect8.2 Assignment – The Customer may not assign, transfer or otherwise dispose of any of its rights or obligations under these terms without the prior written consent of Hornbill such consent not to be unreasonably withheld or delayed. Subject to the foregoing, these terms will bind and inure to the benefit of any successors and assigns. Hornbill may use subcontractors in the performance of the Services but will remain liable to the Customer in accordance with this agreement for the Services provided8.3 Governing law – This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts8.4 Separable – Each provision of these terms shall be construed separately and notwithstanding that the whole or any part of any such provision may be held by any body of competent jurisdiction to be illegal invalid or unenforceable the other provisions of these terms and the remainder of the provision in question shall continue in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision
8.5 Relationship between the parties – The relationship of Hornbill to the Customer is solely that of independent contractor, and nothing contained herein is intended or will be construed as establishing an employment, joint venture, partnership, commission agency and or other business relationship between the parties
8.6 Variation – Any variation of these terms or any Order Form must be in writing, and signed by an authorised representative of each of the parties. No term or provision hereof will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented
8.7 Third party rights – The parties confirm their intent not to confer any rights on any third parties by virtue of this agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement
8.8 Dispute resolution – Each party shall use its best endeavours to resolve amicably and expeditiously any dispute which may arise between them concerning these terms, any Order Form or any documents incorporated by reference therein using internal escalation procedures or external meditation as may be agreed.
8.9 Force majeure – Notwithstanding anything else contained in these terms, neither party shall be liable for any delay in performing its obligations under these terms or any Order Form if such delay is caused by circumstances beyond its reasonable control and any delay caused by any act or omission of the other party (whether or not such act or omission constitutes a breach of these terms) or a third party provided however that any delay by a sub-contractor or supplier of the party so delaying shall not relieve that party from liability for delay except where such delay is beyond the reasonable control of the sub-contractor or supplier concerned.
8.10 Survival – The following clauses shall survive any termination of these terms: 3.2, 3.3, 3.4, 3.5, 5, 10
|These are the general terms applicable to this agreement. They are exactly the sort of thing you would reasonably expect to see.|
|9. DATA PROTECTION||Which basically means…|
|9.1 For the purposes of this Agreement “DPA” means the Data Protection Act 1998 as this Act is for the time being in force and includes any subordinate legislation made under that Act and any provision amending, superseding or re-enacting it and “Data”, “Processing”, “Personal Data” and “Information Commissioner” bear the meanings set out in the DPA9.2 The Customer acknowledges that in connection with the performance of its obligations under this agreement Hornbill and any outsource web site hosting entity that Hornbill may use in connection with the SaaS Services, including any such hosting entity located outside the European Community, may carry out processing on personal data, including sensitive personal data, relating to employees of the Customer (“Customer Personal Data”). Hornbill shall use its best endeavours to carry out such operations in compliance with any applicable data protection or privacy legislation in force from time to time, and shall, without limitation to the foregoing take appropriate technical and organisational measures against unauthorised or unlawful processing of Customer Personal Data and against accidental loss or destruction of, or damage to, Customers Personal Data, only disclose Customer Personal Data or with the prior written approval of the Customer, subject to the non-disclosure exemptions set out within the DPA. In the event that Hornbill receives a request for subject access from an individual about whom Hornbill holds Customer Personal Data for the purposes of fulfilling its obligations under these terms, or a request for such information from the Information Commissioner, then, subject to complying with its obligations under the DPA, Hornbill shall promptly notify such employee of the Customer as is nominated for this purpose of such request and respond promptly to any request for information made by the Customer in respect of such subject access request or request for information from the Information Commissioner9.3 The Customer acknowledges that it is solely responsible for the creation of all Customer Personal Data upon which Hornbill and any outsource web site hosting entity that Hornbill may use in connection with the SaaS Services carries out processing under this agreement. The Customer shall make obtain and maintain all necessary notifications authorisations and consents the Customer is required to have for the Processing of Customer Personal Data to be carried out by Hornbill and any such outsource web site hosting entity under these terms. Hornbill acknowledges that Customer Personal Data in the possession of Hornbill and any such outsource web site hosting entity shall at all times remain the property of Customer9.4 The Customer hereby instructs Hornbill and any outsource web site hosting entity that Hornbill may use in connection with the SaaS Services to carry out such processing on Customer Personal Data as is reasonably required by Hornbill to perform its obligations under this agreement. The Customer may vary the instruction given by this clause 9.4 with respect to the processing of Customer Personal Data at any time by written notice to Hornbill provided that Hornbill shall have no liability of any kind to the Customer for any loss or damage suffered by or claim made by any person against the Customer arising directly or indirectly from Hornbill complying with such notice||This section is concerned with how the data protection act (DPA) affects this agreement. If you are not familiar with the act then you should spend some time becoming familiar with it. We cover it here as some of the data you give us or enter into the system when using the service could be personal data (as the DPA defines it).|
|SCHEDULE 1 — SERVICE SUPPORT||Which basically means…|
|1. an advisory and explanatory service with respect to the Software and the SaaS Service involving the provision of a telephone and email consultation service (help-line) to be provided [24 hours each day] excluding local public holidays and weekends2. regular communication from Hornbill providing information on matters of general interest with respect to the Software and SaaS Service3. Service Level monitoring and provision of monitoring statistics, upon request||In addition to providing the SaaS service to you at the availability level which is described separately, we also provide a support service to answer questions and give advice to help you use and get the best out of the SaaS service we provide to you.|