Changes to Terms & Conditions 2015

Please see below for important changes to our Terms & Conditions

Effective 28th September 2015

Following the acquisition of Saleslogix by Infor in September 2014 all business partners were required to sign standardised global contracts with Infor. We need to alter some of our conditions within your contract to ensure they work side-by-side with Infor. We are, therefore, providing this relevant notice as per Section 3.8 of our contract with you.

Item Change
1

Change to Maintenance/Support (“Software Assurance”) Renewal Date:

Infor’s standard practice is to begin the renewal process 120 days ahead of the maintenance end date (“MED”) and the requirement that customers will pay one month prior to the renewal date. 

(A)To facilitate this change we will bring forward your software assurance notification by one month, followed by our invoice approximately 15 days later. Whilst the period of entitlement will always remain at 12 months, your renewal will now occur in month 11 instead of month 12 of its ordinary annual cycle. This ensures that all customers have sufficient time to receive and process the software assurance invoice.

(B) All software assurance fees are now required to have been paid to Infor 30 days prior to the renewal date. This requires us to bring forward your renewal invoice as above such that we have cleared funds to ensure your renewal occurs on time, without issue and protects your entitlement rights.

(C) If payment is not received by Infor on or before the payment due date then a late fee (see below for Infor’s policy) of 20% of the annual renewal will apply. We will invoice that to you separately should this occur and you will agree that this is payable by you.

(D) Your existing contract requires a minimum of 90 days notice for all cancellations of software assurance and this is unchanged. Any cancellation after this period will take effect from the next renewal period.

(E) Infor will only accept renewals on an annual basis and we are no longer able to accept monthly/quarterly payments or partial years/months.

(F) Should Empath-e Services Ltd cease their Partner Arrangement with Infor, our arrangement with you will continue on a Support & Services basis. Software Assurance may then be re-arranged by Infor to a new partner. All support & contracting services previously provided will continue as per our existing contract at the rates previously specified and the cancellation of this service is subject to our normal terms (typically 90 days, see D above) should you wish to move to that new partner entirely. Prior to such move all invoices and outstanding payments due to us must be paid, subject to our normal terms with you.

2

Change to add-on Software/Assurance fees:

Infor require that software assurance for any new license additions to be calculated on a full year basis. At the time of the first renewal of the add-on software assurance this will then be merged to co-term with the existing maintenance end date.

3

Annual uplift for Software Assurance: 

During the renewal notification process from Infor an annual uplift for software assurance will be calculated (based on the then current CPI rate or 2%/6% whichever is higher and decided by Infor). This means your annual renewal will increase each year and your renewal notice will outline this uplift.

4

Prior Contract terms/special pricing:

As part of the new Business Partner contract all prior terms with prior owners were cancelled. Please Note: If you had special terms previously, these are no longer applicable and have now been removed. Each customer will now have pricing based on the standard, global, price book from Infor.

5

Changes to reduction of license count process:

Infor will only allow changes to license counts on written application (“Reduction of maintenance agreement”). We can apply for this on your behalf but, please note, your entire renewal will be re-calculated based on the then current pricing plus a 10-25% surcharge. You will also be expected to remove the licenses you have to the reduced license count.

6

No unbundling of Software Assurance:

Infor will charge Software Assurance as one fee for both elements. Infor require you to have Software Assurance for the licenses you have acquired (i.e. not support only or maintenance only). NB: See also 1(F) above.

Infor’s policy for reinstatement of Maintenance/support:
“If maintenance/support lapses for any period of time due to licensee’s non-renewal of annual maintenance /support or failure to pay applicable fees when due, it may only be reinstated upon infor’s written consent and licensees payment of all support fees that would have been due during such lapsed period plus a reinstatement charge. fees for reinstatement are subject to change and in accordance with Infor’s then current policies. Payment is required in advance prior to any entitlement being used”

Changes to Terms & Conditions 2015

Please see below for important changes to our Terms & Conditions

Effective 28th September 2015

Following the acquisition of Saleslogix by Infor in September 2014 all business partners were required to sign standardised global contracts with Infor. We need to alter some of our conditions within your contract to ensure they work side-by-side with Infor. We are, therefore, providing this relevant notice as per Section 3.8 of our contract with you.
Item Change
1 Change to Maintenance/Support (“Software Assurance”) Renewal Date: Infor’s standard practice is to begin the renewal process 120 days ahead of the maintenance end date (“MED”) and the requirement that customers will pay one month prior to the renewal date. (A)To facilitate this change we will bring forward your software assurance notification by one month, followed by our invoice approximately 15 days later. Whilst the period of entitlement will always remain at 12 months, your renewal will now occur in month 11 instead of month 12 of its ordinary annual cycle. This ensures that all customers have sufficient time to receive and process the software assurance invoice. (B) All software assurance fees are now required to have been paid to Infor 30 days prior to the renewal date. This requires us to bring forward your renewal invoice as above such that we have cleared funds to ensure your renewal occurs on time, without issue and protects your entitlement rights. (C) If payment is not received by Infor on or before the payment due date then a late fee (see below for Infor’s policy) of 20% of the annual renewal will apply. We will invoice that to you separately should this occur and you will agree that this is payable by you. (D) Your existing contract requires a minimum of 90 days notice for all cancellations of software assurance and this is unchanged. Any cancellation after this period will take effect from the next renewal period. (E) Infor will only accept renewals on an annual basis and we are no longer able to accept monthly/quarterly payments or partial years/months. (F) Should Empath-e Services Ltd cease their Partner Arrangement with Infor, our arrangement with you will continue on a Support & Services basis. Software Assurance may then be re-arranged by Infor to a new partner. All support & contracting services previously provided will continue as per our existing contract at the rates previously specified and the cancellation of this service is subject to our normal terms (typically 90 days, see D above) should you wish to move to that new partner entirely. Prior to such move all invoices and outstanding payments due to us must be paid, subject to our normal terms with you.
2 Change to add-on Software/Assurance fees: Infor require that software assurance for any new license additions to be calculated on a full year basis. At the time of the first renewal of the add-on software assurance this will then be merged to co-term with the existing maintenance end date.
3 Annual uplift for Software Assurance:  During the renewal notification process from Infor an annual uplift for software assurance will be calculated (based on the then current CPI rate or 2%/6% whichever is higher and decided by Infor). This means your annual renewal will increase each year and your renewal notice will outline this uplift.
4 Prior Contract terms/special pricing: As part of the new Business Partner contract all prior terms with prior owners were cancelled. Please Note: If you had special terms previously, these are no longer applicable and have now been removed. Each customer will now have pricing based on the standard, global, price book from Infor.
5 Changes to reduction of license count process: Infor will only allow changes to license counts on written application (“Reduction of maintenance agreement”). We can apply for this on your behalf but, please note, your entire renewal will be re-calculated based on the then current pricing plus a 10-25% surcharge. You will also be expected to remove the licenses you have to the reduced license count.
6 No unbundling of Software Assurance: Infor will charge Software Assurance as one fee for both elements. Infor require you to have Software Assurance for the licenses you have acquired (i.e. not support only or maintenance only). NB: See also 1(F) above.
Infor’s policy for reinstatement of Maintenance/support: “If maintenance/support lapses for any period of time due to licensee’s non-renewal of annual maintenance /support or failure to pay applicable fees when due, it may only be reinstated upon infor’s written consent and licensees payment of all support fees that would have been due during such lapsed period plus a reinstatement charge. fees for reinstatement are subject to change and in accordance with Infor’s then current policies. Payment is required in advance prior to any entitlement being used”