Terms and conditions of the service
The sale of products and services by MORE THAN SIMULATORS is governed, unless otherwise agreed, by the following terms and conditions:
VALIDITY OF OFFERS
All proposals are valid for 15 days from the date of issue. Exceptions to this are proposals related to special offers, which will be valid as stated in the respective offer.
PRICE CHANGES
The Price List (and Services) of MORE THAN SIMULATORS is updated at least once a year, at the beginning of each calendar year, and disclosed by MORE THAN SIMULATORS. Notwithstanding the foregoing, MORE THAN SIMULATORS may update the Price List at any time without the obligation to notify the CLIENT.
ORDER PROCESSING
Orders placed with MORE THAN SIMULATORS will only be processed after:
- Written confirmation by the CLIENT.
- Return of the quote issued by MORE THAN SIMULATORS signed and stamped, acknowledging acceptance of the offer, its terms, and MORE THAN SIMULATORS' Sales Conditions.
- Payment of the agreed percentage of the total order amount (including VAT).
Order processing does not constitute, nor imply, confirmation of the order.
ORDER CONFIRMATION
Orders will only be awarded after written confirmation from MORE THAN SIMULATORS in a document called ORDER CONFIRMATION. The notification will be sent by email to the address provided by the CLIENT when submitting their order. For an order to be confirmed, it must first be processed and meet all order processing requirements.
ORDER CANCELLATION
MORE THAN SIMULATORS reserves the right to reject or cancel orders at any time. Notification will be sent via email to the address provided by the CLIENT when submitting their order. MORE THAN SIMULATORS assumes no responsibility for problems arising from such rejections, cancellations, or email notification failures. Order costs will be charged to the CLIENT’s account upon acceptance.
DELIVERY
Delivery of goods is guaranteed according to the delivery terms specified in the Order Confirmation. Delivery (if it is the responsibility of MORE THAN SIMULATORS) is guaranteed to the nearest point to the CLIENT’s premises where transport can access. Any relocation from that point to the final destination within the CLIENT’s premises is the CLIENT's responsibility.
BILLING CONDITIONS
Invoices are issued upon delivery of equipment or programs and after the provision of services. Invoices related to contracts are issued in accordance with the respective contract's rules. In particular, Implementation Agreements (projects) will be issued monthly, at the end of each month, based on the number of hours reported by the technical staff for the project.
PAYMENT TERMS
The supply and punctual services (including the first sale to a new CLIENT) and the sale of consumables have a payment condition upon delivery of the goods or on the invoice issuance date for the provision of services. For invoices related to contracts, the payment terms are specified in the respective clauses. For Implementation Agreements (Projects), the standard will be Prepayment. In all other cases, the payment term is 30 days from the invoice date.
Transfer of Ownership
The ownership of equipment subject to sales will not transfer to the CLIENT until all invoices issued regarding said sale have been paid in full. This includes full payment of any outstanding amounts, whether for the purchase price, applicable interest, or any other related charges. Until full payment is made, the equipment remains the property of More Than Simulators, which reserves the right to repossess it in the event of payment default by the buyer.
INSTALLATION SERVICES
The value of the equipment or programs does not include any installation, configuration, training, or delivery expenses. MORE THAN SIMULATORS offers a tabulated list of Installation Services (SICs), which must always accompany the sale of equipment or programs. Alternatively, these services may be charged based on consumption.
TRAVEL, MEALS, AND ACCOMMODATION EXPENSES
All travel, meal, and accommodation expenses will be billed according to MORE THAN SIMULATORS' Price List or, if duly specified, according to the contract under which they are incurred.
OTHER SERVICES
Services not included in the contracted services will be billed according to our Price List or, if duly specified, according to the contract under which they are provided.
VAT
All indicated values are subject to the VAT rate in effect at the time of billing.
DOCUMENTATION
All documentation, technical guides, and user manuals provided by the manufacturers of the installed equipment and programs are delivered to the CLIENT.
WARRANTY
The indicated values include the warranty granted by the manufacturers. Service activities carried out by MORE THAN SIMULATORS on equipment under warranty are not covered by these warranties and will be billed. The service warranties provided by MORE THAN SIMULATORS are those found in the Civil Code (Applicable Law - Decree-Law No. 67/2003 of April 8, Law No. 24/96 of July 31, and Decree-Law No. 84/2008 of May 21). The warranty begins at the time of delivery or completion of the services provided.
WORKING HOURS
All services provided by MORE THAN SIMULATORS will be performed during regular working hours, i.e., from 9:00 AM to 1:00 PM and from 2:30 PM to 6:30 PM. The Service Desk operates continuously from 8:00 AM to 7:30 PM. If necessary, MORE THAN SIMULATORS may provide services outside regular working hours, with the CLIENT being responsible for paying overtime in accordance with the applicable Labor Code.
CALENDAR
All services provided by MORE THAN SIMULATORS will be performed within the annual calendar published by MORE THAN SIMULATORS on the MORE THAN SIMULATORS support page: https://support.morethansimulators.com.
WORKING DAY
Any day that is not a Saturday, Sunday, or public holiday in Portugal and Spain.
WORKING HOURS
From 9:00 AM to 6:30 PM GMT, on any Working Day.
CONVERSION OF DAYS INTO HOURS
To convert days into hours, days will be considered as 7 hours long.
TECHNICIAN/CONSULTANT LEVELS
The technicians/consultants of MORE THAN SIMULATORS are classified into three levels based on their knowledge and experience in the services to be provided. The updated list of technicians and levels can be found on the MORE THAN SIMULATORS support site. Each level is associated with a coefficient that is multiplied by the value of the time (or number of hours) effectively spent.
PROJECT DISCLOSURE
Unless otherwise stated in writing by the CLIENT, MORE THAN SIMULATORS reserves the right to advertise the services provided and to identify the contracting entities.
CLIENT DATA ACCESS
Unless otherwise stated in writing by the CLIENT, they authorize MORE THAN SIMULATORS, manufacturers, or business partners to access their data within the framework of incidents or service activities reported by the CLIENT or initiated by MORE THAN SIMULATORS in its relationship with the CLIENT.
REMOTE ACCESS
Unless otherwise stated in writing by the CLIENT, they authorize MORE THAN SIMULATORS to remotely access their computer system within the framework of support, installation, or project activities.
CONFIDENTIALITY
MORE THAN SIMULATORS will treat all CLIENT information accessed during interventions, the pre-sale phase, and in the context of services as confidential, in the following manner: It will not disclose or publish, in whole or in part, to any entity, except where expressly authorized in writing by the CLIENT, the content of any conversation or document directly or indirectly related to processes developed with their clients as part of the services provided, treating such information as confidential. MORE THAN SIMULATORS requires all its employees and personnel, regardless of their relationship with MORE THAN SIMULATORS, whether through employment or service provision and its duration, to strictly comply with the confidentiality obligations as defined here. It commits to providing confidential information to employees or officials of its organization only to those for whom such information is essential to the performance of their duties. The confidentiality obligations will cease to apply to MORE THAN SIMULATORS if the disclosure of confidential information is required by a public authority under applicable law.
AVAILABILITY
MORE THAN SIMULATORS considers its support and maintenance system available when all mechanisms for the registration and control of incidents are operational under normal conditions without restrictions.
CONTINUITY
As part of its Management System, MORE THAN SIMULATORS manages all risks that may affect its business and customer support. MORE THAN SIMULATORS ensures that such risks are controlled and that recovery plans are implemented and tested to guarantee its customers the continuity of contracted services.
LIABILITY
MORE THAN SIMULATORS shall not be liable for any loss or damage arising from failures or delays in support, installation, or project activities.
JURISDICTION
For the resolution of any disputes related to the interpretation or implementation of provisions made by MORE THAN SIMULATORS, the competent court will be the district court of Barcelona, with the express waiver of any other. Judicial or extrajudicial expenses, including trustee fees, arising from this will be borne by the CLIENT.
INCIDENT REGISTRATION, SERVICE REQUESTS, COMPLAINTS, AND COMMENTS
MORE THAN SIMULATORS offers its clients the possibility to formally register incidents, service requests, and complaints on the support website at https://support.morethansimulators.com by completing the corresponding form. Alternatively, if the support site is unavailable, the registration can be made via the Call Center at +34 936 06 77 05 at the cost of a local call, by email to support@morethansimulators.com, or by formal letter sent to our headquarters at:
MORE THAN SIMULATORS
Carrer Mossen Josep Pons 1
Planta 2 Oficina 4
082285 Terrassa (Barcelona)
Spain
In case the CLIENT needs to formalize a note regarding a service provided, the CLIENT, through their supervisor in the relationship with MORE THAN SIMULATORS, may formalize the observation on the support portal regarding an incident or activity within the time frame set for incident approval (48 hours).
SUPPORT AGREEMENTS
MORE THAN SIMULATORS offers its CLIENTS the following types of Support Agreements:
- Basic Support Contract (CSB): CLIENTS who wish to take advantage of the benefits of having a support contract but do not require pre-scheduled in-person or proactive interventions may subscribe to the Basic Support Agreement. This prepaid contract assumes that all interventions are initiated by the CLIENT.
- Standard Support Contract (CSE): For CLIENTS who prefer a continuous relationship, we have created the Standard Support Agreement version, which is characterized by:
- Minimum monthly credit consumption.
- Guarantee of a certain number of pre-scheduled monthly interventions.
- Personalized resources always managed by the same technicians.
- Priority attention at the Service Desk.
- Staggered payment throughout the year.
- Monthly Support Contract (CSM): For clients who prefer a continuous, personalized, and simple interface, we have created the Global Support Agreement version, characterized by including:
- Free movements (up to 90 km round trip travel).
- Discount on the tabulated service price list (SICs, SAMs, SADs).
- Annual report on the implemented information system and the suggested action plan for the next year.
- Personalized support.
SUPPORT SERVICE LEVEL OF MORE THAN SIMULATORS
Clients with an active and established support contract have a service level guaranteed by MORE THAN SIMULATORS regarding the response to the first contact by the Service Desk, aiming to activate the incident resolution. The CLIENT is responsible for registering the incident and validating it through the assigned supervisor. This service level is called SD SLA (Service Level Agreement - Service Desk). For CSE-type contracts, the guaranteed service level is 8 hours for 90% of reported incidents. For CSE and CSM-type contracts, the guaranteed service level is 4 hours for 90% of reported incidents.
SUPPORT SERVICE CHANGES
As part of its continuous improvement and control of its Systems and Products, MORE THAN SIMULATORS may make changes that affect the Support Service to its CLIENTS, which may cause planned or emergency service interruptions. These changes are outlined in the service level agreement with the CLIENT. The change management process is designed to implement beneficial improvements in customer support, with as little service interruption as possible.
- Planned changes: All changes framed within the continuous improvement process. Clients will be notified if the result involves stopping services within the service time stipulated for the CLIENT.
- Emergency changes: All changes in the Support Service that need to be implemented immediately to address critical incidents or security issues in MORE THAN SIMULATORS' infrastructure, which could cause service interruption.
INDUSTRIAL AND INTELLECTUAL PROPERTY
Source code supplied or developed by MORE THAN SIMULATORS: MORE THAN SIMULATORS provides its CLIENT or PARTNER with physical means (disks, CDs, USB, etc.) containing software (computer programs or parts thereof) designed specifically for their use, according to the terms of the License and installation and usage documentation, and grants its CLIENT a license to use these developments in accordance with the terms set forth in this document. The CLIENT or PARTNER may not assign or transfer, for payment or free of charge, this software and/or development to third parties or copy it. The intellectual and industrial property rights, as well as all other rights related to the software and/or developments, are the property of MORE THAN SIMULATORS and its suppliers.
DEFINITIONS
Program
Computer programs are considered any application or base platform (such as the operating system, database, antivirus, etc.) or management application (for administrative/financial, commercial, production areas, etc.).
Equipment
All physical components of the solution are considered equipment, such as simulators, mannequins, body parts, skeletons, servers, workstations, printers, network and communication equipment, etc.
Consumables
Consumables are considered all devices necessary to operate the equipment but degrade with use (skins, pads, cartridges, backup devices, etc.).
Installation
Installation is considered any service provided after the sale of equipment or programs to make such equipment or programs operational.
PROJECT
Projects are considered services provided in connection with a proposal that includes, for example: installation, customization, training, support in customization, and assistance in the implementation of a solution. Projects are budgeted in days, based on the average implementation time equivalent to similar-scale projects. In this sense, projects are open, with MORE THAN SIMULATORS billing according to the daily progress made.
DATA IMPORT
Data import consists of the introduction (manual or via transfer) of the application’s database: clients, items, stock, open documents, etc. The responsibility for data import lies with the CLIENT, so unless otherwise stipulated, data import is not included in the budgeted services.
SUPPORT
Support is considered any service provided after the installation of a device or program to resolve a malfunction, make a change to the initial configuration, or improve the functionality of the equipment or program.
SERVICE CATALOG
The Service Catalog is a document developed to define and communicate the services that form part of MORE THAN SIMULATORS. The Service Catalog also serves as the basis and reference for establishing service level agreements (SLAs) with CLIENTS.
SLA (SERVICE LEVEL AGREEMENT)
The SLA is a written agreement that defines the level of service that MORE THAN SIMULATORS must provide to the CLIENT, identifying the service objectives and the responsibilities of both parties.
INCIDENT
Incidents are considered all events that are not part of the normal operational procedures established for a particular service and that cause or may cause a disruption or deterioration in the quality of the service.
SECURITY INCIDENT
An event that results, in the context of MORE THAN SIMULATORS' relationship with the CLIENT, in the loss or damage of one or more information attributes, such as confidentiality, integrity, and/or availability, or a breach of the applicable Information Security Policies by MORE THAN SIMULATORS.
SERVICE REQUEST
A service request is considered any event that does not constitute a system failure. Therefore, they are a type of incident.
COMPLAINT
An expression of dissatisfaction made to the organization, related to its products, services, and/or processes, for which a resolution is expected and required either explicitly or implicitly.
CALL CENTER
The Call Center aims to be the point of contact available to the CLIENT, designed for the registration of incidents, service requests, and commercial matters reported by the CLIENT by phone, email, or fax. The Call Center registers and refers the request to the Service Desk or commercial area.
SUPPORT SITE
The Client Support Site is a controlled area on the Internet available to the CLIENT 24 hours a day, 7 days a week, where the CLIENT can interact with the Service Desk or the commercial area.
SERVICE DESK
The Service Desk is the function that provides support to the CLIENT organizations' users in the use of the services/products supplied/provided by MORE THAN SIMULATORS. The Service Desk contacts the CLIENT after the incident is registered, according to the defined priority and agreed SLA.
SERVICE ACTIVITY
Service activities are considered all actions undertaken to resolve incidents. Service activities are activated after the incident is registered. The Service Desk, according to the defined priority and established SLA, schedules the service activity with the CLIENT. The service activity can be carried out by phone, at the CLIENT’s premises, at MORE THAN SIMULATORS' premises, or remotely.
TELEPHONE SERVICE ACTIVITY
The term "telephone service activity" refers to clarifications provided during a phone call resulting from the registration of an incident. Telephone service activities will only be provided to CLIENTS with a Support Agreement.
ON-SITE CLIENT SERVICE ACTIVITY
When, after reporting an incident, an on-site service activity is required, and after agreement with the CLIENT, MORE THAN SIMULATORS technicians will travel to the CLIENT's premises to carry out the service activity. The time of the service activity, including investigation time if applicable, travel, meals, and accommodation if applicable, will be billed in accordance with the Client's Support Agreement or, failing that, according to the prevailing Price List.
ON-SITE SERVICE ACTIVITY AT MORE THAN SIMULATORS' PREMISES
If the CLIENT wishes, they may visit MORE THAN SIMULATORS' premises where service activities will be provided. Whenever possible, the CLIENT should first register the incident so that the Service Desk can schedule the service activity at MORE THAN SIMULATORS' premises with the CLIENT. The time of the service activity, including investigation time if applicable, will be billed under the Client's Support Agreement or, failing that, according to the prevailing Price List. Service activities at MORE THAN SIMULATORS' premises are considered those resulting from a telephone service activity that requires further investigation, contact with the manufacturer, or any other reason that prevents the incident from being closed during the phone call.
REMOTE SERVICE ACTIVITY
Remote service activities are carried out via the Internet and allow a technician (who is not at the CLIENT's premises) to access the CLIENT’s computer system to try to resolve the incident. For MORE THAN SIMULATORS to provide a remote service activity, the CLIENT must have Internet access. Remote service activities will only be provided to CLIENTS with a Support Agreement. The time of the service activity, including investigation time if applicable, will be billed under the Client's Support Agreement.