KB0035 – Conditional Fee Consultancy

Last update 26/01/2024

Background

Promenta are a software solution provider for SAP. Promenta software is installed within a customers existing SAP infrastructure. Promenta normally does not manage or even install the software ourselves – instead the customers own technical resources perform the installation. 

For the purposes of this document the customers own technical team(s) such as SAP technical consultants, networking and security consultants, PC support consultants and technical developers are all referred to as the BASIS team. This team may be partially or wholly outsourced to a third-party by the customer.

The customers BASIS  teams have responsibility for and manage the SAP technical landscape. 

Promenta can only be responsible – and provide support for – our software and not the underlying SAP technical systems and landscape.

A technical issue has occurred

Where a technical issue is caused by a clear software (code) fault in the Promenta solution then the standard support process should be followed and is not in the scope of this document.

Sometimes an technical issue arises whereby the Promenta solution is not working but it is not clear – or not agreed – that the issue is related to the software.

Examples when this can occur :

  • a change is made to the SAP system
  • a system is copied (refreshed)
  • Promenta transports applied incorrectly
  • some configuration or settings are changed that are not part of the Promenta system

In these situations the customer can be left with a non-running solution but no clear way of getting it resolved. This is especially true when third-party providers make up some of the BASIS team due to their commercial contract with the customer.

Promenta wants to avoid the customer having a lengthy outage while discussions on responsibility are held – so we have introduced a “conditional fee consultancy” mechanism to speed up resolution.

Conditional Fee Consultancy summary

The Conditional Fee Consultancy mechanism is applicable when there is a technical issue with a Promenta solution but it is not clear – or agreed – which team should provide consultancy and expertise to resolve it.

Here – if the terms are agreed – Promenta will provide consultants at short notice to begin the analysis and investigation process.

Conditions (summary)

  • The customer agrees that if the technical issue is NOT caused by a Promenta software fault (bug) then Promenta will charge consultancy fees commensurate with the effort expended by Promenta but with a minimum 1 days consultancy fee. The customer agrees to provide Purchase Order (if necessary) and pay the resultant invoice according to the agreed contractual terms.
  • Promenta agrees that if the technical issue is found to be a Promenta software fault (bug) then the issue should be transferred to the Promenta support process which normally means no additional fees are charged by Promenta (covered by existing support contract).

The root cause of an issue will determine which condition applies

Root Cause

The root cause will be deemed as caused by a Promenta software technical issue if one of these occur:

  • Promenta must supply a software patch to fix the issue
  • Promenta must provide a technical workaround for a software issue – and the original software issue will be fixed in a subsequent patch at a future date

The root cause will be deemed as NOT a Promenta software issue in all other circumstances.

Use of Conditional Fee Consultancy process

If customer wishes to use the Conditional Fee Consultancy process they must send an email containing this phase:

I <name> , on behalf of <company> agree to engage Promenta to provide consultancy on a conditional basis as per Promenta’ s “Conditional Fee Consultancy” detailed at “help.promenta.com/overview-kb/kbase/kb0035-conditional-fee-consultancy/”. We agree to pay the fees incurred subject to the conditions therein.

 

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