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.
* Silver support plan does not cover troubleshooting client's web server configuration.
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.