READI

(Rights for Electronic Access to and Delivery of Information)

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SUPPORT SERVICES

Definition

Some agreements provide for the information provider to support its hardware, software, or other network elements with one or a number of services in the event of a malfunction, or in the event users need to learn how to operate the system efficiently.

Discussion

The seller is normally prepared to ensure that what is provided is accurate and can be made to work by a competent buyer. That does not mean the full system will work--as there are often multiple parts (PC hardware, printers, LAN hardware and software, retrieval software, display software) which must work together and over which the seller may not have control. For example, magnetic tapes of online databases are often licensed as "raw" files, without software or hardware to run them. Some sites integrate these "raw" files easily and smoothly. On the other hand, other sites which receive the same files may experience problems and the information provider may be required to investigate and prove that problems lie elsewhere and not with the files.

To circumvent disputes regarding the potential problems and associated time delays, some buyers negotiate "specific response standards" (in days/hours or hours/minutes) in the event of downtime. Such agreements are usually customized since each response standard is priced according to the level of response negotiated. In some agreements, "recovery time standards," coupled with a payment schedule, is a negotiated clause.

Networked information providers may also offer buyers various methods of obtaining information and assistance about how to operate and manage the files. These may be in the form of one, or a number of features, including providing on-site technical personnel, on-screen "help" displays, toll-free telephone technical support, or other services.

Benefits

Obviously, the more the seller offers the buyer in the way of support services, the greater the benefit to the buyer, since the buyer gains increased confidence from the seller that there is sufficient support available to guarantee that the provider's files will work properly, or can be made to do so.

From the point of view of the buyer, the more support services provided, the more confidence the buyer will have in the provider's product or service; and consequently, the greater value the customer places in the seller's files. Under certain agreements, additional support services (in excess of certain basic support requirements) may require the buyer to pay additional fees.

Risks

As in all service clauses, good faith plays a great role--whether the support services guaranteed will effectively solve problems and whether services will be provided in a timely and professional manner. Providers who offer support services may not be fully aware of the costs involved in personnel and infrastructure to assure quality support for their files.

If the seller fails to support its files adequately, the buyer may be left not knowing how to access or manage the files effectively or at all. Conversely, the seller may become overcommitted, offering more than can be provided reasonably or according to initial agreements. What's more, buyers, frustrated at not being able to make the system work, may make demands upon providers to offer certain support services that are not part of the contract.

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Any comments, or feedback?		Last Update:   Wednesday, 03 July, 2002 - 04:22 PM - EDT