1. General

These support and maintenance conditions govern the rights and obligations between the customer, whether a natural person or legal entity (hereinafter the “Customer”) and ProfiSoft Services AG, CH-3015 Bern (hereinafter “PSS-AG”) when acquiring the software product “Business Organizing Software” (hereinafter “BOS®“, the “Application”).

In as much as the Customer licenses and installs BOS® and so has consented to the license conditions, the Customer is automatically entitled to claim support and updates in accordance with the present document. If the Customer does not consent to the conditions of this document, he is not entitled to claim support and maintenance.

2. Purpose of maintenance

The purpose of maintenance is to keep the licensed BOS® application in operating condition, respectively to restore it to such condition.

3. Duration of support & maintenance

Upon obtaining a legally valid BOS® license, the Customer has a claim to support and maintenance during his Subscription with effect from the date of the Purchase.

The duration of the maintenance is a Lifetime Guarantee, that is having always the newest functional & technical Update, minimum twice per year. Technical Maintenance is purchased with your product license and forms the foundation of our support & maintenance portfolio. Our customers can contact us by e-mail or telephone for absolutely free advice on all aspects of BOS and its use.

4. Programme version

Support is provided only for the latest version of BOS®. Older versions of BOS® will be supported for a maximum period of 6 months from the date of the latest programme version becoming available.

5. Support

The Customer is provided with a telephone support number and an email address. The number and the email address are to be found on the homepage and in BOS®.

6. Scope of support

The scope of the PSS-AG support is divided into 3 areas:

  • documentation and updates
  • preventive maintenance
  • support questions

6.1. Documentation and maintenance updates

Upon obtaining a legally valid BOS® license, the Customer has a claim to get:

  • the latest version of BOS® (an updated license code can be requested from PSS-AG by email where necessary)
  • documentation and user instructions for the latest version of BOS®
  • workarounds and patches.

6.2. Preventive maintenance

PSS-AG may, at its discretion, carry out preventive maintenance measures. The purpose of these measures is to prevent a possible malfunction of the Application before it occurs. The preventive measures must not hinder the proper use of the Application.

By way of preventive measures, PSS-AG can provide the Customer with new versions of the Application having equivalent functions, whether by installing them or as downloads. To prevent possible problems, PSS-AG can also carry out measurements and investigations on the Customer’s Application.

Preventive measures will be agreed with the Customer in advance. As far as possible, PSS-AG will take into consideration the Customer’s operating needs, particularly if the Application has to be taken out of operation temporarily due to the maintenance works.

6.3. Support inquiries

In the event of general questions about the Application, the Customer can put so-called support inquiries to the PSS-AG. These include for example:

  • questions concerning operating matters
  • questions concerning installation and configuration
  • questions concerning the use of BOS®

7. Obligations of the Customer

The Customer must use the relevant hardware and software with all due care and in accordance with the instructions of the manufacturer, respectively PSS-AG.

The Customer is required to make regular backups of the application and the data. The Customer shall be exclusively responsible for ensuring that the backed up data is complete and that it can be retrieved at any time if necessary.

ln the event of a malfunction, PSS-AG must be notified immediately and provided with information on the nature, time and place of the malfunction and a precise description of the hardware and software concerned.

The Customer shall grant the service personnel free access to the BOS® installation in order carry out the agreed maintenance work. This will be done through remote access by Internet (remote maintenance). By accepting this agreement, the Customer permits PSS-AG to carry out remote maintenance of the Application. The Customer shall ensure that PSS-AG is provided with the necessary information on its access protection (user name, password, etc.) so that the maintenance work on the Application can proceed smoothly.

The Customer is responsible for ensuring that he has the necessary licenses for basic software (operating system, database, MS-Office, etc.) needed for the operation of the Application.

The Customer shall appoint and designate to PSS-AG a person with authority to put support inquiries to PSS-AG. In the absence of this person, another person may be designated as a substitute.

Where necessary, the Customer will support PSS-AG in maintenance works, for example by tests to delimit faults, by precise descriptions of the problem, by providing supplementary information, etc.

8. Response time

We are available 7 days a week and will answer you very soon by email. Please contact us via https://bos-services.org/#contact

9. Services not included

The following services are not included in the present maintenance agreement. However, if requested by the Customer, they may be carried out and invoiced at cost:

  • extension or improvement of the software carried out at the request of the Customer for his own use.
  • removal of damage or data loss caused through fault on the Customer side or a third party.
  • removal of faults or errors caused by changes to the software or hardware configurations, including particularly through the installation of third party software, operating systems, data bases, drivers, service packs, patches, etc.

10. Reservation of rights

PSS-AG reserves all rights not expressly granted. The place of jurisdiction is Berne, Switzerland.