The purpose of this Support Service Level Agreement (SLA) is to formalize an arrangement between HBWSL and Client to deliver specific support services, at specific levels of support, and at an agreed-upon cost.
DEFINITIONS
Software - Avactis Shopping Cart. It does not include any modules which are not part of the standard installation package.
Client or You - person or company owning a valid license to use Software.
Support Request - for the purposes of this agreement, a Support Request is generally defined as a request for support to fix a defect in the existing application code or a request for support that involves no modifications to the application code, such as a question.
Modified software - the Avactis Shopping Cart is called modified software, if the core and system files were changed (the changes in the storefront templates and storefront files are allowed).
SCOPE OF SERVICES
1. The following services are provided in response to the support tickets received from You:
Level 1 support tickets:
General issues – general questions, consultations regarding forum or help desk usage, questions about Avactis Shopping Cart license policy, description of the services.
Warranty issues - the questions regarding the 30 day money back guarantee.
Bug issues - the questions or discussions of the bug issues in the software. The bug fix patches or the new builds of the software provided to the client free of charge. The patches application or software upgrade provided by the Avactis staff is not free.
Quote requests - the questions about the services costs, the projects or modifications quotation.
Description of the Avactis features - the questions about the Avactis Shopping Cart features and the features usage.
Avactis setup - configuration of the taxes and shippings modules after the software installation.
Level 2 support tickets:
Domain license modification, license transfer - changes of the license URL and personal license data.
Simple customization and design - simple questions about the Avactis templates and code modification which could be resolved within the 30 minutes.
Root-cause analysis - analysis of the root causes of problems. Problems will be reviewed to determine their root causes, measures will be taken to correct the sources of the problems, and reports will be prepared and distributed.
Root-cause analysis with pro-active code debugging - the analysis of the root causes of the issues by using the time consuming code tests or server tests and time consuming pro-active code debugging.
Hosting or server side issues - the problems with the 3rd parties hosting server. Issues with the server mail system, viruses and others.
Clarification of details - time consuming clarification or discussion of the specific issue details or task details.
You can find more information about support levels and Support Credits here...
2. Any other services are NOT included. Specifically the following services are NOT included:
On-call support management – HBWSL support managers are not supposed to be on call.
Assistance with application usage when unsupported or nonstandard hardware or software is involved. The use of unsupported or nonstandard hardware or software often results in an unexpected behavior of otherwise reliable systems.
3. This Service Level Agreement applies only to the Support services for Avactis Shopping Cart which are purchased from HBWSL.
4. HBWSL might, at it's discretion, decline to provide any service for the Software that has been modified or changed by Client, except it was expressly directed by HBWSL in writing.
5. HBWSL might decline to provide service if the system does not meet requirements for the Software, as outlined at www.avactis.com/requirements.php, or the software is heavily modified.
6. Web support channel is the help desk system located at support.avactis.com.
7. HBWSL might change the level of a support requests at it's discretion. Multiple simultaneous support request from Client will be resolved in separate tickets.
ROLES AND RESPONSIBILITIES
Client has the following general responsibilities under this agreement:
Client will conduct business with HBWSL in a courteous and professional manner.
Client will use the appropriate help desk system to request support.
Client will provide all the information required to open a support request.
Client will provide access to the installed Software, upon request.
Client end users do not contact HBWSL support resources directly to report a problem. All problem calls must be logged through the appropriate help desk.
Client will install the Software on server with up-to-date and properly secured operating system.
Client will promptly pay the support fees and any additional fees incurred.
GENERAL TERMS AND CONDITIONS
1. Term of Agreement:
For free support included with the purchase of Avactis license:
This agreement shall become effective on the date the order for Avactis is submitted by Client. This agreement ends on the date the free Support Credits expire, unless Client has purchased new Support Credits. Free support credits expire 15 months after order date, on the nearest April 1.
For payed support:
This agreement shall become effective on the date the order for Support Credits is submitted by Client, or if the current Credits haven't expired.
2. This agreement may be amended from time to time by HBWSL. This new agreement will be posted at www.avactis.com/support_sla.php and will come into effect one month after it has been posted, unless Client provides HBWSL with a written notice of disagreement with the new terms.
3. This Agreement is personal to You. You may neigther assign nor transfer Your rights under this Agreement without HBWSL prior written consent. If You do assign Your rights, and there would be a case were someone other than you to use your account, You shall remain liable to us for any fees under this Agreement.
CONFIDENTIALITY
1. Confidential Information means any of Your data residing on Your servers and any security sensitive information provided by You.
2. Confidential Information shall be held in confidence by HBWSL and shall be used only for the purposes of providing the services to You or as otherwise provided for in this Agreement. HBWSL shall use the same degree of care to safeguard Confidential Information as it utilizes to safeguard its own confidential information.
3. HBWSL may comply with any subpoena or similar order of a court or another governmental body or political subdivision thereof related to data by HBWSL pursuant to this Agreement, or with any other legal requirement requiring disclosure of such data, provided that HBWSL notifies You promptly upon receipt thereof, unless such notice is prohibited by law. You shall pay HBWSL’s reasonable expenses and charges for such compliance.
LIMITED WARRANTY
1. PENTASOFT WARRANTS SOLELY TO YOU THAT THE SERVICE PROVIDED BY PENTASOFT SUBSTANTIALLY CONFORMS TO THIS SERVICE LEVEL AGREEMENT, PROVIDED THAT CLIENT COMPLIES WITH THE CONDITIONS AND REQUIREMENTS SET FORTH IN THIS SERVICE LEVEL AGREEMENT. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT (A) THE SUPPORT SERVICE REQUIRES ACCESS TO AND USE OF THE INTERNET AND THAT THE INTERNET IS AN UNREGULATED, PUBLIC NETWORK OVER WHICH PENTASOFT EXERTS NO CONTROL AND (B) PENTASOFT HAS NO RESPONSIBILITY FOR OPERATING AND MAINTAINING YOUR SERVERS AND THEIR CONNECTION TO THE INTERNET TO ACCESS AND USE THE SUPPORT SERVICE.
2. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN THIS SECTION, PENTASOFT, ITS LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE SUPPORT SERVICE AND OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PENTASOFT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SUPPORT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, PENTASOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND SHALL HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH THE INTERNET OR YOUR SERVERS. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD, BACKUP AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR BY OTHER MEANS.
3. If You believe that the Support Service does not conform to the warranty described in this section, contact HBWSL Customer Service. HBWSL’s exclusive liability and Your sole remedy for breach of the limited warranty in this Section shall be, at HBWSL’s option, either reperformance, at no charge to You from HBWSL, of the specific part of the service which failed, or, refund of any fees paid by You for the period in which the specific service component failed to conform to this limited warranty.
LIMITATION OF LIABILITY
1. PENTASOFT’S, ITS LICENSORS’, SHAREHOLDERS’, AFFILIATES’, OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AND ITS SUPPLIERS’ CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGE RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SUPPORT SERVICE OR ANY FAILURE OR DELAY IN DELIVERING THE SUPPORT SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY), SHALL NOT EXCEED THE TOTAL FEES ACTUALLY RECEIVED BY PENTASOFT, EITHER FROM YOU OR FROM THE LICENSOR OR DISTRIBUTOR, WITH RESPECT TO THE PENTASOFT SERVICE PROVIDED TO YOU DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED OR THE PRORATA EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN.
2. NEITHER PENTASOFT, NOR ITS LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES, OR FOR LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SUPPORT SERVICE OR ANY DATA SUPPLIED THEREWITH OR ANY FAILURE OR DELAY IN DELIVERING THE SUPPORT SERVICE, OR OTHERWISE UNDER THIS AGREEMENT, HOWEVER CAUSED, EVEN IF PENTASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENTIRE AGREEMENT
This Agreement constitute the entire agreement between You and HBWSL relating to the subject matter of this Agreement, and supersedes any other agreement, oral or written, between You and HBWSL with respect to the foregoing.
None of the terms, conditions or provisions of this Agreement shall be held to have been changed, waived, varied, modified or altered by any act or knowledge of either party, their respective agents, servants or employees unless done so in writing signed by both parties.
On-call support management – HBWSL support managers are not supposed to be on call.
