3. Software and Services
3.1. Workbench International will, during the Subscription Term, provide the Software, Implementation Services and Documentation to Customer on and subject to the
terms of this Agreement.
3.2. Workbench International will provide the following chargeable services in relation to the implementation and support of the Software;
(i) complete the onboarding checklist document (if applicable);
(ii) create test and training data; and
(iii) provide training in the use of the Software
(iv) Workbench International will provide Customer with Help Desk Services during Normal Business Hours. Workbench International may change the Helpdesk Services in its sole and absolute discretion from time to time.
3.3. Workbench International may, as part of the Software, include Customer access to Third Party Products and Platforms. Customer acknowledges and agrees, and
will procure that Licenced Users acknowledge and agree:
(a) Workbench International has no control over the Third-Party Products and Platforms;
(b) the Third-Party Products and Platforms are provided on the respective third party’s terms and Customer agrees to use the Third-Party Products and
Platforms on those terms; and
(c) Workbench International accepts no responsibility for any loss or damage that may arise from use of the Third-Party Products and Platforms.
3.4. Customer acknowledges and agrees that Workbench International may regularly upgrade, update and/or vary the Software and the Documentation and that the
Software and the Documentation are continually evolving. Some of the changes relating to the Software will occur automatically, while others may require Customer to schedule and implement the changes. Customer will, where required, upgrade its software and/or equipment to make efficient use of the Software.
3.5. So that Workbench International can provide the Services, Customer will provide Workbench International with all relevant information and assistance reasonably
requested by Workbench International. If Customer fails to comply with this clause:
(a) Workbench International will not be liable for any failure or delay in providing the Services;
(b) the parties will agree a reasonable extension of time to any agreed timeframes so that Workbench International can provide the Services;
(c) Workbench International may charge, and Customer will pay, any additional costs resulting from such failure; and
(d) all expenses properly incurred by Workbench International in connection with the Services will be reimbursed as an additional charge, unless incorporated in the Fees.
3.6. The Customer may request additional Implementation Services from Workbench. If Workbench can provide those services, it will provide the Customer with a
Statement of Work setting out the scope of the additional Services, timetable, cost, and other relevant matters relating to the additional Services.