For customers ("Customer") that purchase a support contract ("Support Contract") from NetCitadel, LLC ("NetCitadel"), this agreement ("Agreement") defines the support services to which Customer is entitled.
1. Support Services
NetCitadel provides support services to assist with the diagnosis of technical issues in the Firewall Builder application ("Software") that are identified by Customer. This includes, but is not limited to, troubleshooting configuration issues, reproducing software defects and developing software patches as appropriate.
The support services provided under this Agreement are limited to technical issues with the Software. This Agreement does not imply an agreement to provide consulting services for issues that are unique to a specific Customer environment.
1.1 Support Term
This Agreement is effective for twelve (12) months beginning on the date that the support contract is purchased ("Purchase Date").
1.2 Requests for Support
Customer must submit requests for support to NetCitadel via E-mail. Upon receipt of a support request NetCitadel will open a support case ("Support Case"). All support requests must include the Customer's Transaction ID that is provided at the time the Support Contract is purchased.
In the future, and at its sole discretion, NetCitadel may also provide support services through a web interface or web-based ticketing system.
1.3 Support Hours
Support services are provided Monday through Friday 8am to 5pm Pacific Standard Time - excluding weekends and holidays observed by the U.S. government. Outside of these standard support hours NetCitadel will make its best effort to provide support services.
1.4 Response Time
NetCitadel will respond and acknowledge new Support Cases within one (1) Business Day of the receipt of the support request.
1.5 Number of Support Cases
The maximum number of Support Cases that Customer can open under this Agreement is based on the Support Contract level purchased. The table below defines the maximum number of Support Cases for each Support Contract level.
| Support Contract Level | Maxium Support Cases |
|---|---|
| Small Business | 2 |
| Medium Business | 5 |
| Enterprise | 10 |
| Ultimate | unlimited |
Additional fees will apply if a Customer wishes to open a support case after they have opened the maximum number of Support Cases allowed.
1.6 Supported Releases
Support services are provided for the Software version, or newer versions, the Customer selected when the Support Contract was purchased. In the event the identified issue requires a software patch to fix the issue, Customer may be required to upgrade to a newer version of the Software and additional charges may apply.
2. Remedy
Where possible Company will provide a workaround for the reported issue, but in the event that no workaround is available the Company will attempt to provide a patched version of the Software to address the issue. In some occasions Customers may be required to upgrade to a newer version of the Software to receive a fix for the reported issue.
All patches, updates, and new versions shall be subject to the End User Licensing Agreement ("EULA") of the Software release.
2.1 Software Development and Customization
This Agreement does not provide any promise of custom development. Customer has the option of requesting custom development and pricing for such development. Company will have the final determination of whether a support request is a software defect or if it constitutes a request for custom development.
3. Warranty
NetCitadel will undertake all reasonable efforts to provide technical support under this Agreement and to rectify or provide work arounds to issues in the Software. By entering in to this Agreement NetCitadel does not guarantee that all issues will be solved or that the Software will be defect-free.
4. General Provisions
4.1 Governing Law
This Agreement is governed by the laws of the State of California.
4.2 Severability
Severability. If any term or condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.
4.3 Limitation of Liability
NETCITADEL'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SUPPORT CONTRACT. IN NO EVENT SHALL NETCITADEL HAVE ANY LIABILITY FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SOFTWARE SUPPORT AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT NETCITADEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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