Medusa Maintenance & Support Membership (V6)

1. Introduction

Each Medusa sensor or software package comes with a Maintenance and Support membership which is free for the first year after delivery of your sensor.

The membership covers:

• Access to maintenance and support on Medusa systems;
• Use of and support with full stand-alone versions (including minor updates) of the following software programs;
• Gamman (gamma-ray data processing);
• MASS (windows-based data logger);
• 4 hours of consultancy ("helpdesk") activities by Medusa Experts.  

After the first year, the membership can be extended on a yearly basis. This membership is intended to assure help and support beyond the standard terms and conditions provided with any Medusa system or software package. Please see below for a more detailed explanation of the membership.

2.  Contracting parties

The Medusa Maintenance and Support Membership is a contract between Medusa Radiometrics BV and an individual user of Medusa technology, or a company. In the latter case, client appoints a single contact person who covers the communication between client and Medusa.

3. Communication channels

For regular (i.e. non-critical) support questions, the email adress support@medusa-online.com should be used.

For critical support issues, either use our office phone: +31 50 5770280, or our business Whatsapp 

4. Which activities are covered?

Activities covered are:

1. Getting started with the Medusa Spectrometer, which consist of support during the first use of the system:
   1. Mounting the spectrometer;
   2. Powering the system;
   3. Using the Medusa Detector Operating System (mDOS) interface;
   4. Support with creating, recording and downloading a first project;
   5. Understanding the data generated by the Medusa gamma-ray spectrometer;
   6. Importing and analysing data with the GAMMAN spectral analysis software package
2. Hardware maintenance and basic support;
3. One yearly detector check. This involves sending a small dataset to Medusa which we use to check the sensor’s resolution and linearity. The contract includes a check for one sensor only. Additional checks will be charged at a reduced rate of 250 EUR per check;
4. Free access to software updates;
5. Four (4) hours of basic support and consultancy of a Medusa Expert via telephone or email. We charge a minimum of 30 minutes per support call. Basic support covers
   1. Software Q&A ("helpdesk");
   2. Data QC;
   3. Questions on Medusa sensor technology.

5. Which activities are not covered

The Membership does not cover:

1. Consultancy or repairs "in the field" - i.e. at a location outside Medusa offices;
2. Major updates or changes to Medusa hardware and/or software products;
3. In-depth analysis and interpretation of survey data by Medusa Experts;

Such activities will be quoted for separately.

6. Rates

6.1. Fees and hourly rates

The Maintenance and Support Membership fee is made up of the following items:

1. A fixed annual "membership" fee of EUR 1500 per year, which includes 4 hours of support at the lowest severity level. If an issue must be handled at a higher severity level, a surcharge will be charged. See table below.
2. Use and support of full versions of the following software programs;
   1. Gamman;
   2. MASS;
3. When the 4 hours of support are all spent, further support will be given at a reduced hourly rate. The rates are dependent on the severity level of the support request and are listed in the table below.

• Response time is the maximum time between client's issue notification and Medusa's response. This is not the time needed to solve the issue. Solutions are provided in a best effort timeframe.
• Working hours are between 8:30 and 17:00 CET

6.2. Replacement parts

The  Costs of replacement parts to be used in hardware repairs will be invoiced at cost price + 20%.

6.3. Yearly indexing

Rates will be indexed on a yearly basis 

7. Rating and tracking of support hours

All maintenance and support requests will primarily be handled on basis of the lowest severity level. Only after written approval of the Client, the severity level will be increased and the associated hourly rate will be used. Medusa keeps track of the amount and the type of hours spend for its clients in its internal database systems. Overviews of hours spent can be provided on request and will be provided with invoices.

8. Invoicing

Invoices will be issued on a monthly basis, but only when exceeding a minimum amount of 500 EUR. If less than 500 EUR is to be invoiced, the invoice will be postponed to the next month until December. Any uncovered hours will be invoiced in December of the current year, together with the annual fee for the next year to come. 
Any price listed in this document is excluding taxes and VAT. By signing the Membership, member agrees to a payment term of 14 days.

9. Legal terms and conditions

The following conditions hold for this agreement:

1. A Maintenance and Support Membership is valid for one year;
2. Unless either party gives notice in writing at least 4 weeks before the end of the period of this Membership, the Membership shall be renewed automatically for a further 12 month period.
3. Medusa holds the right for yearly review of the hourly rates. Rates will be adapted per 1st January of each year;
4. Notwithstanding the provisions of the above, Medusa may suspend support services if the Client breaks any terms of this agreement, or if the Client is in arrears over any payment due to Medusa whether or not in connection with the Systems or Software. The Client will remain liable for the appropriate fee for any period of maintenance already received and throughout the period of suspension.
5. If and to the extent permitted by law and notwithstanding any other provisions of this Membership:
   1. no warranty, condition or other term, express or implied, statutory or otherwise, shall apply unless and except to the extent expressly contained in this Membership,
   2. Medusa shall have no liability for any consequential loss or damage (including but without limitation, business interruption or loss of profits) and the Client should insure accordingly; and
   3. any liability to which Medusa might otherwise become subject shall, in aggregate, be limited to the cost of replacing the Program.
6. Except as specifically modified by this Maintenance Membership and except so far as the context otherwise requires, this Maintenance Membership shall also be governed by and is without prejudice to the applicable license agreements between Medusa and the Client.
7. Medusa or its designated representatives shall not be liable to the Client for any delay or failure by Medusa to perform its obligations under this Maintenance Membership or otherwise if such delay or failure arises from any unforeseeable cause or causes beyond the reasonable control of Medusa, including, but not limited to, labor disputes, strikes, other labor or industrial disturbances, floods, lightning, shortages of materials, rationing, utility or communications failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockages, actions, restrictions or orders of any government agency or sub division thereof.
8. If either party fails to perform its obligations under this Maintenance & Support Membership and if such failure continues for a period of thirty (30) days after written notice, the other party shall have the right to terminate this membership immediately upon written notice.
9. The construction, validity and performance of this Membership agreement shall be governed by the law of The Netherlands and all parties agree to submit to the Courts of The Netherlands. This Membership sets out the entire Agreement and understanding between the parties with respect to the subject matter of this Membership and supersedes all oral discussions between the parties, or their agents.
10. If the Client is made the subject of a bankruptcy order or otherwise enters into liquidation, then this Maintenance Agreement shall automatically be terminated forthwith. 

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