XLINESOFT.COM Support Agreement

 
THIS DOCUMENT IS A LEGAL AGREEMENT ("Agreement") BETWEEN XLINESOFT.COM AND YOU OR THE 
ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE AGREEMENT DESCRIBED BELOW 
("Customer") IN RELATION TO XLINESOFT.COM SUPPORT SERVICES.  BY UNDERTAKING TO RECEIVE AND/OR PAYING 
FOR THE SERVICES DESCRIBED IN SECTION 1 BELOW ("Services"), YOU ACCEPT THE FOLLOWING TERMS 
AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, 
DO NOT PROCEED WITH RECEIVING THE SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND 
OBLIGATIONS WITH RESPECT TO THE SERVICES. 
 
For a period of one (1) year from the date of purchase or renewal of a support term ("Effective 
Date"), XLINESOFT.COM will supply the Services to Customer with respect to the Software described in 
Section 1 below, for which XLINESOFT.COM has granted a license to Customer pursuant to a software 
license agreement (the "Software License Agreement") by and between XLINESOFT.COM and Customer. 
 
1. Included Services
 
All support plans listed below apply to all of the XLINESOFT.COM products("Software") 
 
    All support plans include the following basic features:
 
    * Remote and downloadable access to the most current documentation 
      available, including tutorials and examples.
    * Unlimited, 24x7 access to the community-driven XLINESOFT.COM public support forums.
    * Limited email support as detailed in each plan.
 
    All other support features are plan-specific as described below:
    
    a. Silver Support Plan
 
        * Email support - guaranteed reply within 24 hours (during business hours*)
        * Silver support plan does not cover writing code for our clients or troubleshooting the code our clients written.
        
    b. Gold Support Plan
 
        * Email support - guaranteed reply within 4 hours (during business hours*)
        * 5 hours of custom software development or code troubleshooting
 
    c. Platinum Support Plan
 
        * Email support - guaranteed reply within 4 hours (during business hours*)
        * 10 hours of custom software development, code troubleshooting or phone support
 
    * Business Hours: Monday-Friday, 10am - 6pm EST.
         
2. Metered Support Services
 
All support features listed in this section (except Email Support) are valued in hours and are only available 
up to the amount of hours available in the Customer's support account at the time of the 
support incident. Additional support hours may be purchased and spent on additional support at 
any time (provided such credits have not expired). No purchase of the Support Plan is necessary 
to purchase the metered support services.  
 
    a. Email Support
 
    All email support requests will be acknowledged within the time described in the Support Plan. 
    Actual response time might be faster. Refer to section 3b for more detail. 
 
    b. Telephone Support
 
    Telephone support is valued in 15 minute increments, with a 15 minute minimum  
    cost per call (even if the call does not have an actual duration of 15 minutes). The number of     
    separate phone calls is limited only by the total cost in hours available in the Customer's   
support account balance. Telephone support must be scheduled in advance so that XLINESOFT.COM
    and the Customer can establish mutually-agreeable availability, and XLINESOFT.COM agrees to  
    complete the scheduling of telephone support within the telephone support response time listed 
    in the appropriate plan in section 1.
 
    c. Expert Services
 
Expert services include, but are not limited to, custom software development and code troubleshooting 
by XLINESOFT.COM staff. 
The offered service is valued in 15 minute increments, with a 15 minute minimum cost per incident. 
All requests for expert services must be scheduled in advance so that XLINESOFT.COM and the Customer
can establish mutually-agreeable availability.
 
3. Terms of Support
 
    a. Hours of Availability
 
    Access to all web-based support features (online documentation, help, online 
    help forums etc.) are generally available 24 hours per day, 7 days a week, 365 days a year 
    barring unforeseen interruptions in Internet service or planned exceptions by XLINESOFT.COM .  
    Notwithstanding anything to the contrary in this Agreement, such availability is not 
    guaranteed by XLINESOFT.COM.  Any planned exceptions to the availability of support services 
    will be communicated on the XLINESOFT.COM website as far in advance as possible.
 
    b. Response Time
 
    The response time listed in each support plan is the elapsed time between the receipt 
    of a support request via email or telephone and the time when XLINESOFT.COM  begins the support 
    service, including a verbal or written confirmation to the Customer thereof.  The actual 
    time required to fully resolve the support request, if such full resolution occurs, may 
    be longer than the maximum response time listed.
 
    c. XLINESOFT.COM Responsibilities
 
    XLINESOFT.COM will use commercially reasonable efforts to assist Customer to resolve problems in 
    its use of the Software as described in Section 1.  XLINESOFT.COM makes no guarantee that it can, 
    or will, solve any problems with respect to the Software presented by Customer, and 
    further disclaims any warranties above and beyond any limited warranties that may have 
    been expressly made by XLINESOFT.COM in the Software License Agreement.
 
    d. Customer's Responsibilities
 
    Customer is responsible for all hardware, operating systems, network setup, network 
    maintenance and setup and use of any file access control systems required in the support 
    of the Software.  Customer may be required to grant XLINESOFT.COM certain limited access rights 
    to Customer's proprietary computer systems in order that XLINESOFT.COM may render support Services.
 
    Customer is responsible for ensuring that its personnel have sufficient training to 
    attain and maintain competence in the operation of the Software.  If XLINESOFT.COM determines, 
    in its sole discretion, in responding to a Customer request for email or telephone 
    Support, that the solution is provided in available media (including, but not limited 
    to, the source code documentation, tutorials and examples, websites or support forums), 
    XLINESOFT.COM  may direct Customer's personnel to the appropriate media for the solution to the 
    problem.  Even if the support request is resolved in so doing, any minimum support 
    charges outlined in section 2 would still apply.
 
    e. TERM AND TERMINATION
 
    XLINESOFT.COM provision of the Services to Customer will commence on the Effective Date and 
    will continue for an initial term of one (1) year.  At the end of the term the Services 
    automatically terminate and any accumulated hours that have not been spent will be 
    lost.  The Customer may choose to renew Services at any level at any time, subject to 
    XLINESOFT.COM written agreement, but hours from previous support terms will not be applied 
    to the new term at the time of renewal and must be used during the term in which they 
    were purchased.