Software — Corrective and Evolutive Maintenance
| Version | 2.0 |
| Date | April 2026 |
| Status | In force |
| Distribution | Saaswedo Clients |
| 1. Purpose and Scope |
These General Terms and Conditions for Support and Maintenance (hereinafter "GTCSM") define Saaswedo’s commitments to its clients in connection with software support services, corrective maintenance, and evolutive maintenance.
They apply to any support and maintenance agreement entered into with Saaswedo, as a supplement to the End User License Agreement (EULA) and the General Terms and Conditions of Sale (GTCS).
| 2. Definitions |
| Term | Definition |
|---|---|
| Monthly Fee | The monthly amount (excluding taxes) of the support and maintenance fee invoiced to the Client, as defined in the agreement. |
| Incident | Any malfunction observed in the Saaswedo software, reported by the Client through official channels. |
| Acknowledgement | Timestamped receipt sent to the Client confirming that the incident has been registered in Saaswedo’s ticketing system. |
| Resolution | Definitive fix or validated workaround enabling normal resumption of activity, accepted by the Client. |
| Business Hours | 9:00 AM to 6:00 PM, Monday to Friday, excluding public holidays in metropolitan France. |
| Corrective Maintenance | All actions aimed at correcting anomalies and defects in the software as reported by the Client. |
| Evolutive Maintenance | Delivery of new software versions including functional and/or technical improvements, included within the scope of the agreement. |
| 3. Scope of Services |
3.1 Included Services
The Saaswedo support and maintenance agreement includes the following services:
- Software support: handling of incidents, bugs, and functional or technical anomalies;
- Corrective maintenance: correction of identified defects and delivery of patches;
- Evolutive maintenance: provision of new minor and major software versions;
- Access to Saaswedo’s ticketing portal and online knowledge base.
3.2 Excluded Services
The following are excluded from the scope of this agreement unless otherwise agreed in writing:
- Custom developments or on-demand configuration;
- User training;
- Management of the Client’s hosting infrastructure;
- Interventions required due to causes external to the Saaswedo software.
| 4. Incident Severity Levels |
Every reported incident is classified according to one of the three severity levels defined below. Classification is carried out jointly by the Client and the Saaswedo support team upon acknowledgement. In the event of disagreement, the higher severity level applies pending further analysis.
| CRITICAL | |
| Definition | Incident rendering the software completely unusable, with no possible workaround, affecting all users or a critical business process. |
| Examples | Inability to access the platform, data loss, complete halt of telecom data collection, database corruption. |
| Criteria | 100% of users impacted OR halt of a critical business process OR risk of data loss. |
| MAJOR | |
| Definition | Incident significantly degrading an essential feature, with a partial workaround possible. |
| Examples | Inoperative reporting module, failing data exports, significant slowdowns affecting user productivity. |
| Criteria | Core feature unavailable or degraded OR impact on more than 50% of users, workaround available. |
| MINOR | |
| Definition | Incident with no critical functional impact, or a low-impact correction request. |
| Examples | Cosmetic display issue, label error, marginal malfunction of a secondary feature. |
| Criteria | Impact limited to a secondary feature or a single user, with no consequence on business activity. |
| 5. Service Level Agreements (SLA) |
All timeframes below are expressed in business hours (9:00 AM–6:00 PM, business days in metropolitan France), unless otherwise stated. Acknowledgement is confirmed by a timestamped receipt sent to the Client via Saaswedo’s ticketing system. |
| Level | Acknowledgement | Target Resolution | Reporting Channel | Availability |
|---|---|---|---|---|
| CRITICAL | 4 business hours | 1 business day | Phone + ticketing portal | Business hours |
| MAJOR | 8 business hours | 3 business days | Ticketing portal (email accepted) | Business hours |
| MINOR | 2 business days | 10 business days | Ticketing portal | Business hours |
The target resolution time is a best-effort commitment. Saaswedo undertakes to keep the Client informed of progress at each intermediate milestone. Where proven technical complexity arises, a remediation plan with a revised schedule is submitted to the Client within the applicable timeframe. |
| 6. Penalties for SLA Breach |
Penalties are applicable upon written request from the Client, within 30 calendar days following the observed breach. They are calculated on the basis of the Monthly Fee (excluding taxes) as defined in the agreement. |
6.1 Penalty Schedule
| Level | Acknowledgement Breach | Resolution Target Breach |
|---|---|---|
| CRITICAL | 5% of the Monthly Fee per 4-business-hour period of delay | 10% of the Monthly Fee per business day of delay |
| MAJOR | 2% of the Monthly Fee per 8-business-hour period of delay | 5% of the Monthly Fee per business day of delay |
| MINOR | Not applicable | 2% of the Monthly Fee per 5-business-day period of delay |
6.2 Penalty Cap
| Scope | Cap |
|---|---|
| Per incident | 30% of the Monthly Fee |
| Per calendar month | 50% of the Monthly Fee |
| Per contract year | 3 months of Monthly Fee |
Penalties constitute a lump-sum and exclusive remedy for damages arising from SLA breaches. They shall not be cumulated with any damages for the same breach, except in cases of gross negligence or wilful misconduct by Saaswedo. |
| 7. Exclusions |
SLA commitments and associated penalties shall not apply in the following cases:
- (a) Incidents caused by improper use of the software by the Client or its users;
- (b) Modifications or configurations made by the Client without prior written approval from Saaswedo;
- (c) Failures of third-party infrastructure outside Saaswedo’s scope (telecom operators, cloud providers, Client network equipment, etc.);
- (d) Force majeure events within the meaning of applicable law;
- (e) Planned maintenance notified with a minimum of 5 business days’ prior notice;
- (f) Contractual suspension periods due to unpaid invoices;
- (g) Unavailability resulting from an unsupported software version or the Client’s refusal to apply updates.
| 8. Escalation Procedure |
In the event of dissatisfaction with the handling of an incident or an SLA deadline breach, the Client may activate the following escalation procedure:
| Level | Contact | Activation Timeframe |
|---|---|---|
| Level 1 | Saaswedo Support Manager | Upon breach of the acknowledgement deadline |
| Level 2 | Saaswedo Director of Operations | 48 hours after Level 1 escalation without resolution |
| Level 3 | Saaswedo General Management | 72 hours after Level 2 escalation without resolution |
| 9. Planned Maintenance |
Saaswedo reserves the right to carry out planned maintenance operations that may result in a temporary service interruption. Such operations are governed by the following rules:
- Minimum 5 business days’ prior notice communicated by email and via the client portal;
- Preferred windows: business days from 10:00 PM to 6:00 AM, or non-business days from 12:00 AM to 8:00 AM (UTC+2 for mytem360 Europe and UTC−4 for mytem360 USA);
- Maximum duration communicated at the time of notification;
- In the event of a security emergency, Saaswedo may intervene without prior notice and shall notify the Client within 2 hours of the intervention.
| 10. Term, Renewal and Termination |
10.1 Term
The support and maintenance agreement is entered into for an initial term of one (1) year from the date of signature, unless otherwise specified in the purchase order.
10.2 Renewal
Upon expiry, the agreement is tacitly renewed for successive periods of one (1) year, unless terminated by either party by registered letter with acknowledgement of receipt at least 90 days prior to the expiry date.
10.3 Termination for Cause
In the event of a material breach by either party of its contractual obligations, the other party may terminate the agreement by operation of law, 30 days after formal notice has remained without effect, sent by registered letter with acknowledgement of receipt.
| 11. Limitation of Liability |
Saaswedo’s total liability under this agreement shall be limited, for all causes combined, to the amounts actually received under the agreement during the 12 months preceding the event giving rise to the damage.
In no event shall Saaswedo be liable for indirect damages, loss of business, data loss, loss of profit or reputational harm, even if Saaswedo has been informed of the possibility of such damages.
| 12. Governance and SLA Review |
The parties agree to meet at least once per quarter in a steering committee to:
- Review SLA performance indicators for the preceding quarter;
- Identify areas for improvement;
- Agree, where applicable, on revisions to service levels by means of a signed amendment.
| 13. Governing Law and Jurisdiction |
These GTCSM are governed by French law. Any dispute relating to their interpretation or performance shall be submitted, failing amicable resolution within 30 days, to the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de Commerce de Paris), even in cases involving multiple defendants or third-party proceedings.
| Annex A — SLA Commitment Summary |
Summary table for operational use by support teams and Client contacts.
| Severity | Acknowledgement | Target Resolution | Ack. Penalty | Resolution Penalty |
|---|---|---|---|---|
| CRITICAL | 4 bus. hours | 1 business day | 5% / 4h over | 10% / day over |
| MAJOR | 8 bus. hours | 3 business days | 2% / 8h over | 5% / day over |
| MINOR | 2 business days | 10 business days | N/A | 2% / 5 days over |
Cap per incident: 30% of Monthly Fee | Per month: 50% | Per year: 3 months of Monthly Fee. Penalties applicable upon written request from the Client within 30 calendar days following the observed breach. |
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