eShepherd Product Lifecycle and Support Commitment
We design the eShepherd System for long-term use on your farm. This commitment explains how long we support the eShepherd Service and eShepherd Hardware, and what happens when we introduce new products or retire older ones. It forms part of the eShepherd Terms of Service and the eShepherd Hardware Purchase Terms.
Each section starts with a short summary in italics. The summaries are there to help, but if a summary and the full text differ, the full text applies. Capitalised words have the meanings given in the Terms of Service. Questions? Contact us at eshepherd.support@gallagher.com.
1About this commitment
How this commitment fits with your eShepherd terms.
1.1
Who makes these commitments. These commitments are given by the Gallagher Group company shown in clause 15.4 of the Terms of Service for the country where your Hardware is registered and used (we, us and our), including if you bought Hardware from an eShepherd Partner.
1.2
What this commitment covers. This commitment applies only to the eShepherd Service and eShepherd Hardware (Neckbands and Base Stations). It doesn’t apply to:
(a)
other Gallagher products, even if you buy them on the same Order Form or use them with eShepherd;
(b)
third-party hardware or other third-party products, including any needed for an Add-On; or
(c)
Add-Ons, which are dealt with in Terms of Service clause 3.3.
1.3
How it fits with your terms. This commitment forms part of the Terms of Service and the Hardware Purchase Terms. If it conflicts with either of them about the matters it covers (product retirement, extended support, replacement parts and moving to successor products), this commitment applies to that matter. Nothing in it limits any right you have under law that can't be excluded.
1.4
Signed Agreements. If you have a Signed Agreement that gives you more favourable commitments when a product is retired, those commitments apply to the Hardware and Service it covers.
1.5
No promise to sell products indefinitely. We regularly improve eShepherd and introduce new products. This commitment doesn’t oblige us to keep offering any product indefinitely. It sets out the minimum commitments that apply when we retire one.
2How the product lifecycle works
Every product moves through the same three stages.
2.1
Lifecycle stages. The Service and each Hardware model move through these stages:
| Stage | What it means |
|---|---|
| Current | Available to buy, actively developed and fully supported. |
| Extended Support | No longer sold or actively developed, but still supported as described in this commitment. |
| Support Ended | No longer supported. |
2.2
Knowing where a product stands. When a Hardware model or the Service moves to a new lifecycle stage, we’ll tell you under clause 6.3, including the relevant dates.
2.3
Features. Changes to features, including the Core Functions, are dealt with in Terms of Service clause 8.3.
3Hardware support
3 months’ notice before we stop selling a model, then at least 5 years’ continued support.
3.1
Notice. We’ll give at least 3 months’ notice before we stop selling a Hardware model.
3.2
Continued Service support. Retiring a Hardware model doesn’t affect your Connectivity. The Service will keep supporting that model for at least 5 years after we stop selling it, as long as it has active Connectivity. We’ll give at least 6 months’ notice before that support ends.
3.3
Replacement parts and units. For at least 5 years after we stop selling a Hardware model, we’ll use commercially reasonable efforts to make replacement parts or units of the same or equivalent specification available, directly or through eShepherd Partners. If the Warranty Policy covers them, it applies. Otherwise, they’re available at then-current prices.
3.4
Upgrades. Where a successor Hardware model is available, we’ll offer upgrade options and publish compatibility information.
4Long-term Service support
If we ever retire the whole System, you’ll get at least 6 months’ notice and 5 more years of Service support, included in your Connectivity Charges.
4.1
Notice before any change. If we ever decide to stop selling the whole System, we’ll give you at least 6 months’ notice of the date we’ll stop (the Retirement Date).
4.2
Five more years of support. For 5 years after the Retirement Date (the Extended Support Period), the Service keeps running for your registered Hardware while it has active Connectivity. We’ll continue to provide:
(a)
the Core Functions, which continue to be protected under Terms of Service clause 8.3;
(b)
fixes for critical defects and security vulnerabilities, including critical security and safety Firmware updates; and
(c)
commercially reasonable efforts to keep the Service working with the Hardware it supported at the Retirement Date.
4.3
Our focus during Extended Support. During the Extended Support Period, we focus on keeping the Service secure, reliable and working with your Hardware. We won’t add new features or make non-critical updates. We also won’t add compatibility with new third-party products, and support levels may differ from those before the Retirement Date.
4.4
No extra cost. Extended Support is included in your Connectivity Charges. There’s no separate fee. During the Extended Support Period, we’ll increase Connectivity Charges only to reflect increases in our reasonable costs of continuing to provide the Service. Our notice under Terms of Service clause 4.6 will explain the reason, and you can cancel before the increase takes effect.
4.5
Planning ahead. At least 6 months before the Extended Support Period ends, we’ll remind you. We’ll also share information about your options, including any successor product and how to export Your Data. When the Extended Support Period ends, the Service moves to Support Ended, the Terms of Service end, and Terms of Service clause 10.8 applies to Your Data.
5Your data and moving to new products
You keep access to your data, and we’ll help you move.
5.1
Your data. During Extended Support, you can keep exporting Your Data using the Service’s tools. After Support Ended, Terms of Service clause 10.8 applies.
5.2
Moving to a successor product. If we offer a successor service or Hardware model, we’ll provide migration information and reasonable technical help. We’ll also use reasonable efforts to carry over your data and account settings.
6General
Early end of support, refunds, notices and changes.
6.1
Ending support early. We may end support under section 3 or 4 before the 5-year period ends only if continuing is prohibited by law, would create a material risk to security, safety or animal welfare, or becomes impracticable because a third-party service it depends on is no longer reasonably available. If we do, we’ll give as much notice as is reasonably practicable and, where available, offer a replacement or migration option.
6.2
Refunds. If Connectivity ends for you under clause 6.1, we’ll refund any prepaid Connectivity Charges for the period after it ends, pro rata.
6.3
How we’ll tell you. We’ll send notices under this commitment to the email address on your account. Where practicable, we’ll also publish them on the eShepherd website and show them in the Service.
6.4
Changes to this commitment. We may update this commitment and will give at least 30 days’ notice of any material change. A change won’t reduce our commitments for Hardware already registered, or Connectivity already active, when the change takes effect.
6.5
Liability. Our liability under this commitment counts towards the liability cap in the Terms of Service or Hardware Purchase Terms (as applicable), and the exclusions in those terms apply.