Who are we ?
Our website address is: http://wintive.com.
Preamble
WINTIVE specializes in the design, deployment, and administration of cloud computing solutions. As such, it offers the customer a cloud computing solution called MS 365, consisting of servers, licenses, and associated support services, as well as a right to use the MS 365 solution.
To access the hosted MS 365 platform, the customer uses a computer network, consisting of access terminals, printing devices, software, and Internet access. Under the MS 365 offering, the customer is responsible for the proper functioning of its computer network, while WINTIVE is responsible for the MS 365 platform.
Purpose of the contract
The purpose of this contract is to define the Specific Conditions under which WINTIVE undertakes to provide a migration and administration service for the MS 365 solution.
Definition of services
Under this contract, WINTIVE undertakes to provide the customer, within the framework of the “MS 365” contract, with all of the following services:
- Incident Resolution through Remote Assistance which takes the form of Telephone Assistance and/or Remote Maintenance.
- Technical relay with Microsoft technical support.
WINTIVE Obligations
The services covered by this contract will be performed by WINTIVE resources whose skills and IT tools are consistent with the purpose of this contract.
The “MS 365” contract provides two types of services called “Incident” and “Relay”. The definitions of these services are as follows:
” Incident ” :
1st level maintenance carried out in the form of Telephone Assistance and/or Remote Maintenance. The duration of a Remote Assistance Incident is short by nature, the WINTIVE resource being the only one authorized to determine the need for a request for intervention from Microsoft support, which in fact ends the Incident. Under the MS 365 contract, these Incidents are unlimited.
“Technical relay”:
Opening a service request with Microsoft technical support, monitoring the service request and carrying out tests in collaboration with the customer.
Customer Obligations
As part of the MS 365 contract, the customer agrees to provide WINTIVE with independent administrator access to the DNS zone of the domain name covered by the service. Independent administrator access means that the Registrar allows multiple users to be managed on its platform. Indeed, if the customer changes their password on the Registrar’s platform or adds two-factor authentication, our access is not affected.
If the Customer’s Registrar does not offer multi-user management, we may transfer the Customer’s domain name to a pool while retaining ownership of the domain name in the Customer’s name.
The quote accepted by the customer specifies the hardware and software supported under the MS 365 contract.
Customer requests are received by email at ticket@wintive.com for the coverage periods specified above. An Incident is qualified by a level that reflects its degree of urgency and the promptness of the response to be provided.
The customer agrees to cooperate in good faith to facilitate the interventions of WINTIVE technicians by communicating to them the technical elements, the necessary or requested information.
Details of services
Teleassistance Services
Telephone assistance
This service allows the WINTIVE technician in contact with the end user, the Customer Relay Contact or the Customer Authorized Contact, to resolve first-level problems by telephone. In the event of immediate unavailability of Telephone Support, WINTIVE undertakes to call the customer back within a maximum contractual period of 24 hours. Depending on the nature of the problem encountered, the WINTIVE technician is authorized to open a request for intervention with Microsoft technical support.
Remote maintenance
This service allows the WINTIVE technician in contact with the end user, the Customer Relay Contact or the Customer Authorized Contact, to resolve first-level problems by remote maintenance. This takes the form of remote control of the customer’s equipment via a secure modem or Internet connection. In the event of immediate unavailability of Remote Maintenance, WINTIVE undertakes to call the customer back within a maximum contractual period of 24 hours. Depending on the nature of the problem encountered, the WINTIVE technician is authorized to open an intervention request with Microsoft technical support.
Technical relay
This service allows, following the diagnosis of the breakdown carried out by Remote Assistance, to trigger the opening of an intervention request with Microsoft’s technical service. WINTIVE undertakes to follow this intervention request until the final resolution of the problem encountered.
Exclusions
This Agreement does not include any hardware, software or services necessary for the operation of the Customer’s local network or Internet access:
- the supply of software, software packages, operating systems and, in general, all associated programs,
- supplies, wear parts or consumables necessary for the operation of the machines such as ribbons, ink, floppy disks, batteries, laptop batteries, fonts, print wheels, drive rollers, keyboards, pointing devices, inverters, etc.
- the supply of materials or parts necessary for repairs,
- troubleshooting infrastructure (electrical cabling, network cabling). Rental of measuring, testing or control devices,
- the change or addition of a telephone line or socket,
- modifications to the equipment that do not correspond to the use for which it was initially intended,
- interventions following abnormal handling or use,
- installations of operating systems or other software on servers or workstations,
- troubleshooting of hardware and software not supplied by WINTIVE,
- interventions on the customer’s network (infrastructure, routers, switches, etc.),
- the cost of interventions carried out by third parties on behalf of the client,
- modifications to configurations or changes to hardware without having informed WINTIVE,
- interventions on the customer’s hardware or software which have undergone modifications without the prior agreement of WINTIVE.
Contract duration
This contract is concluded for a period of 12 months from the date of its signature. At the end of this period, the contract is tacitly renewable for a further period of 12 months, unless terminated by either party by registered letter with acknowledgment of receipt addressed to the other party at least three months before the end of the current contract.
Financial conditions
The price of the service is set out in the quote accepted by the client. Payment for the service is due on the due date indicated on the invoice sent to the client. In the event of non-payment by the due date, WINTIVE reserves the right to suspend the performance of the service until full payment of the amount due.
Responsibility
WINTIVE is bound by an obligation of means in the execution of this contract. WINTIVE may only be held liable in the event of proven and exclusive fault in the execution of its contractual obligations. Under no circumstances may WINTIVE be held liable for indirect damages suffered by the customer, such as loss of turnover, loss of profit, loss of data, or commercial damage.
Confidentiality
Each party undertakes to keep strictly confidential any information and documents of an economic, technical or commercial nature concerning the other party, to which it may have access during the performance of this contract.
Miscellaneous
This Agreement constitutes the entire agreement between the parties. It supersedes and cancels all prior agreements, negotiations, and commitments, whether written or oral, relating to the same subject matter. Any modification or addition to this Agreement must be the subject of a written amendment signed by both parties.
If any of the provisions of this contract should prove null or inapplicable, it shall be deemed unwritten, without this affecting the validity of the other provisions.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in this contract cannot be interpreted for the future as a waiver of the obligation in question.
Applicable law
This contract is subject to French law. Any dispute relating to the interpretation or execution of this contract, which cannot be resolved amicably, will be submitted to the exclusive jurisdiction of the courts of Paris.