Terms:
Maintenance
Introduction
The following terms and conditions apply to WiredRed "Software Maintenance" and related support services (part numbers 3EPSM1 and 3EPSM2).
Term
Support is limited to 12 and 24 months, from the date of purchase, for one- and two-year Software Maintenance.
General Policies
WiredRed reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident, as defined below. WiredRed may also limit or terminate support service to a customer who uses the service in an unreasonable, excessive, abusive or fraudulent manner.
Terms, conditions, support features, procedures, pricing and support availability for future Software Maintenance programs are subject to change at any time without notice.
Coverage is non-transferable and is valid for the individual company only (as noted on license file at time of purchase). The resale or other transfer of any Maintenance plan membership rights is strictly prohibited.
Definition of an Incident
For purposes of these terms and conditions, an "incident" means a single issue or problem that a customer asks a support representative to analyze or resolve, or a product-usage question that involves a single topic. The technical support representative will determine how many incidents will be handled during the course of the telephone or electronic contact.
Service Availability
Support hours are 9:00am to 5:00pm, Pacific Time, Monday through Friday. Service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control.
First Call Resolution
It is WiredRed's goal to achieve first-call resolution of 90% or better for all Customers under Maintenance.
Severity Levels
A critical problem refers to the failure of a major e/pop feature or function, where no work-around is available. Non-critical problems refer to all other customer reported problems.
Response Times
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A customer support call will be placed in the support queue (if any) after Maintenance program membership has been verified. For critical problems, WiredRed shall provide best efforts to provide immediate problem qualification and acknowledgement; plus problem duplication and resolution by close of business the following (business) day.
WiredRed shall provide reasonable efforts to resolve non-critical problems within 96 hours.
The foregoing shall not be deemed a representation or warranty on WiredRed's behalf regarding first call resolution and the time within which a resolution, if any, may be available for any particular incident.
Support Topic Limitations
Support is limited to the following e/pop software product areas: installation, upgrade assistance, and basic functionality, as described in product documentation.
WiredRed will also assist customers with basic connectivity issues for the purpose of isolating and/or duplicating problems to the extent necessary to confirm whether such issues relate to software within WiredRed's control.
WiredRed shall not be responsible for connectivity issues caused by third-party services, service providers, hardware, or software.
Priority Hotline Support as provided under the Maintenance Plan does not cover inquiries outside product operation, nor application consulting or training.
Supported Products
Maintenance support is available for all e/pop products, version 3.0 or later. WiredRed reserves the right to limit support to current software products (v3.0 and later). Support availability for any particular version of e/pop is subject to change at any time without notice.
Limitation of Liability and Damages
WiredRed's maximum liability, and the customer's sole remedy, for any claim arising under Software Maintenance will be the refund of an amount not exceeding the Maintenance fee paid by the customer. IN NO EVENT SHALL WIREDRED BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Without limiting the generality of the foregoing, WiredRed is not responsible for long-distance telephone charges incurred in connection with customer use of Maintenance.
Disclaimer of Warranties
WIREDRED SUPPORT SERVICES ARE PROVIDED "AS IS." WIREDRED HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to sixty (60) days from the first date of service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Governing Law
These terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Customer agrees that any action arising out of or relating to the service provided by WiredRed will be filed and maintained only in the state or federal courts located in San Diego, California, and customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between WiredRed and the customer relating to the subject matter of these terms, and may not be modified except in a writing signed by both the customer and an authorized representative of WiredRed.
Refund Policy
A customer may cancel Software Maintenance during the first 30 days after purchase or renewal and obtain a refund for the current membership period. The full fee, less a $25 cancellation charge, will be refunded if the customer has made no use of the Plan support during the 30-day period. If the customer has talked to a technical support representative under Maintenance during the first 30 days after Plan purchase, no refund will be given.
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