Maintenance and Support Terms

20201002

These Maintenance and Support Terms, as well as the General Terms and the applicable Order Form (which are expressly incorporated by reference), govern the agreement between Customer and Deltek for the maintenance and support of Customer’s Software (“Agreement”).

MS1. Maintenance. During any period for which Customer has made the required maintenance payment or payment for any Product that includes maintenance, Customer shall be entitled to receive the following from Deltek:

MS1.1 updates;

MS1.2 Defect Correction (as described below);

MS1.3 Support (as determined by your specific support plan located on the Order Form or maintenance invoice); and

MS1.4 a subscription to Deltek's online support network.

MS2. Defect Correction.

MS2.1 Customer shall document and report suspected Defects in the Software using the Deltek hotline or the Deltek Customer Care support site. If Deltek confirms the Defect, Deltek will use commercially reasonable efforts to provide a Correction to confirmed Defects.

MS2.2 Corrections will only appear in the most recent release of the Software. Deltek will continue to support prior Software releases for no more than six months after the most recent release.

MS2.3 Deltek reserves the right to decline Customer maintenance/support requests that could be resolved by reference to the Documentation.

MS2.4 Customer will take all reasonable steps to carry out procedures for the implementation of Corrections and updates.

MS3. Support.

MS3.1 Support Plans and Assistance. Customer’s Order Form, support invoice, or online support profile will show which support offering Customer is subscribed. For all support offerings, Deltek will provide support assistance to allow Customer to report problems and seek assistance in the use of the Software during Deltek's standard support hours. Deltek may require direct system access in order to provide support. Customer acknowledges that if it declines to provide required access, Deltek may not be able to resolve an issue. For additional information on Deltek’s support plans, please refer to www.deltek.com/en/support/customer-care or Deltek’s Customer Support Guide.

MS4. Excluded Items.

MS4.1 Deltek's maintenance and support obligations shall not include:

  1. providing assistance (beyond an initial communication) or consulting time relating to problems, caused by (i) malfunction or failure of the computer system and communications network on which Customer has installed and is using the Software, (ii) software not licensed pursuant to this Agreement, (iii) Misuse, (iv) improper installation or configuration by Customer, third party consultants, or Support Contractors, (v) failure to incorporate updates or Corrections, or (vi) any other cause not attributable to Deltek;
  2. providing training covered in formal training classes;
  3. performing Professional Services that would normally be provided at Customer's business location;
  4. development or support for any Software Customizations, custom reports or Extensions unless otherwise explicitly agreed in writing;
  5. database schema changes, or supporting application program interfaces (“APIs”) not provided or approved by Deltek;
  6. supporting hosting providers not certified by Deltek;
  7. providing services or support for installation and testing of updates or Corrections; or
  8. issues covered by Deltek University's training guides e-learning modules, training kits, "train the trainer" programs or other learning resources provided by Deltek.

MS4.2 If Deltek notifies Customer that a problem, error or malfunction for which Customer has requested maintenance is not covered, Deltek will work with Customer to develop a mutually agreed SOW under which Deltek will perform such services at Deltek's then-current rates.

MS5. Maintenance Term and Termination.

MS5.1 Unless either party has given the other party written notice of non-renewal of maintenance at least thirty (30) days prior to the end of a respective maintenance period, maintenance will renew for an additional period of twelve (12) months. The Maintenance Fee is based on Customer’s specific product mix at the time of purchase, as well as future Product add-ons (bundled maintenance), and is subject to annual price adjustments upon renewal. Customer cannot reduce or cancel maintenance on any portion of Product (unbundling maintenance).

MS5.2 Any reinstatement of terminated maintenance is at Deltek's discretion and subject to then-current maintenance terms and fees.

20201002