|
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*) 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.
|