Service level in a consumer contract

In our increasingly digital world, the contractual service level and software updates have become essential aspects of consumption.

It is essential for consumers to know the level of service quality they can expect and the implications of software updates.

This article will examine these two topics in relation to the regulations currently in force in France.

I. Contractual service level

A. Definition and importance of the service level

The level of service quality refers to the performance and reliability of a service, as well as customer satisfaction. It is crucial for consumers to know the level of quality they can expect from a service.

With regard to a service contract or digital content, in accordance with Article L. 224-25-5 of the Consumer Code, for each service provided:

any minimum levels of service quality must be stated among the pre-contractual information.

If no minimum level is stated, then by default no service level will be provided for, and the trader cannot be held liable in this respect.

B. How to measure service quality

Service quality can be measured using various norms and standards, which assess aspects such as the performance, reliability and accessibility of the service.

C. Customer satisfaction and service quality

Customer satisfaction is closely linked to service quality. A high level of service quality can increase customer satisfaction, whereas a low level of service quality can reduce it.

In the absence of a more precise definition, the question arises of whether to commit to providing for a minimum service level in the GTC.

II. Software updates

The service level may also be affected by the number of updates that suspend the services in question.

Since 2022, updates to digital content have been regulated in France.

A. Why update software?

Software updates are essential for security and for improving features. However, they may affect the performance and compatibility of the goods.

According to Article L. 111-6 of the Consumer Code, the producer must inform the consumer, in a legible and comprehensible manner:

of the essential characteristics of each update, including the storage space required, its impact on the performance of the goods and the change in features that it involves.

B. The software update process

The software update process includes compatibility, support and maintenance.

In accordance with Article D. 111-5-3 of the Consumer Code, the producer must communicate to the consumer, free of charge, the essential characteristics of each update before it is installed. These characteristics include the purpose of the update, the compatible versions, the storage space required and the possible consequences for the performance of the goods.

C. Impact of software updates on service quality

Software updates may affect service quality. For example, an update may improve the performance of the goods or, conversely, reduce the available storage space or the battery life (contractual service level).

Software maintenance is a process that consists of changing, modifying and updating software in order to meet customers' needs. It is carried out after the product's launch for several reasons, in particular to improve the software, fix problems or bugs, increase performance, and more. Software developers must constantly be on the lookout to fix and improve it in order to remain competitive and relevant.

Types of updates

There are four main types of software maintenance: corrective, preventive, perfective and adaptive maintenance. Each type of maintenance has a different impact on service quality and serves different purposes:

Corrective maintenance is necessary when software encounters a problem, in particular when failures and errors occur. These problems can have a considerable impact on the overall functionality of the software and must therefore be corrected as quickly as possible.

Preventive maintenance consists of looking ahead so that the software can continue to operate as desired for as long as possible. It addresses small problems that, at a given moment, may not matter, but which may turn into larger problems in the future.

Perfective maintenance aims to adapt the software by adding new features, as needed, and by removing those that are not relevant or effective. This process allows software to remain relevant as the market and users' needs evolve.

Adaptive maintenance relates to the evolution of technologies as well as the policies and rules concerning your software. It includes changes to the operating system, cloud storage, hardware, and so on.

Case of non-essential updates

Article L. 217-20, as amended by Order No. 2021-1247 of 29 September 2021, sets out certain rules concerning software updates that are not necessary to maintain the conformity of the goods. These rules are as follows:

- The contract must authorise the principle of such updates and provide a valid reason for carrying them out.

- The seller must inform the consumer, in a clear and comprehensible manner, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it will take place.

- The update must be carried out at no additional cost to the consumer.

- The seller must inform the consumer that they have the right to refuse the update or, where applicable, to uninstall it, if the update has an adverse effect on their access to the digital content or digital service, or on their use thereof.

If the update has a major impact on the consumer, the latter has the right to terminate the contract free of charge within a maximum period of thirty days. However, the consumer may not terminate the contract if the seller offers to keep the digital content or digital service unchanged, including by uninstalling the update, and if the latter remains in conformity under the conditions provided for in this section.

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Service quality and software updates are crucial aspects of consumption in the digital age.

Consumers have the right to know the level of service quality they can expect and the implications of software updates.

Businesses, for their part, must ensure that they comply with the regulations in force and effectively communicate this information to their customers.

Contact a qualified lawyer to assist you!