- DEFINITION OF SERVICE: FaxFinder support plans provide for FaxFinder varying levels of support by qualified FaxFinder technicians as detailed in the level of support plan purchased by the customer (see section 3). Support shall be limited to the capabilities and features as described in FaxFinder literature and shall not include custom programming assistance for the FaxFinder SDK/API, embedded codes, or other programming interfaces. FaxFinder will respond in accordance with the support plan that has been purchased (see section 3). The average response time is less than 2 hours.
- TERM OF AGREEMENT: This agreement shall become effective upon the date indicated on page one of the agreement and shall continue in force for the time period set forth on page one of this agreement.
- RESPONSIBILITIES OF FAXFINDER: FaxFinder shall make available to customers who have paid for their FaxFinder Support Plan (or who’s support subscription is not past due), technical support via telephone, web and email by FaxFinder trained technicians in accordance with their level of FaxFinder Support Plan purchased (legacy, silver, gold, platinum). FaxFinder shall also make available to customer, at no additional cost, all major FaxFinder software upgrades, service packs and patches via electronic (ftp, web and email) and physical media (CDs) for gold and platinum plans. Silver support plans are eligible for minor updates for the generation that has been purchased. FaxFinder is not required to provide any updates or efforts beyond troubleshooting and basic configuration assistance for legacy support plans. Plan details are as follows:
Legacy Support – for any legacy, discontinued, near-end-of-life or end-of-life (NEOL/EOL) or Linux-based FaxFinder, legacy support includes:
- Email support
- 3 cases per year
- Troubleshooting - no guarantee of development, bug fixes, etc.
- Response Time – 12 business hours
- Email Support
- 3 Cases per Year (additional phone support available for a fee)
- Value of Silver Support contract applies towards Gold Support upgrade if elected
- FoIP implementations not eligible for silver support due to complexity of FoIP/SIP/T.38
- First year is free on new installations of Windows-based FaxFinders (cloud, virtual, x50)
- Includes minor updates and releases
- Response Time – 8 business hours
- Email Support
- Phone Support (9am to 8pm et)
- 6 cases per Year (additional phone support available for a fee)
- Value of Gold Support contract applies towards Platinum Support upgrade if elected
- Gold support required for Fax-over-IP implementations of FaxFinder
- Includes major updates & releases
- Response Time – 4 business hours
- Gold support rights
- 24/7/365 support
- Phone or Email support
- No limit to cases or hours
RESPONSIBILITIES OF CUSTOMER:
- Customer shall notify FaxFinder or their FaxFinder Authorized Reseller upon Product failure or malfunction by notifying FaxFinder support via email to email@example.com.
- Customer is responsible for the security of its proprietary and confidential information and for maintaining procedures external to the products that FaxFinder services to reconstruct lost or altered files, data, or programs. In many cases the most expedient way to diagnose problems and take corrective action is to allow FaxFinder technicians to have remote access to the FaxFinder server. Customer shall accommodate FaxFinder’s request for remote access to the system to the extent allowed by the customer’s security policies.
NVOICES, PAYMENTS AND CHARGES:
- Support and/or maintenance charges shall begin on the effective date as specified on page one of support agreement. All charges not covered by this Agreement shall be invoiced during the month that they accrue.
- FaxFinder may not change the support and/or maintenance charges during the initial term of the Agreement. Charges for succeeding terms shall be at FaxFinder then current rates.
- In addition to the charges the Customer shall pay:
- Labor and travel expenses for Maintenance performed outside the normal business hours of FaxFinder at the Customer's request.
- Labor, parts and other expenses provided by FaxFinder for maintenance or repair due to causes not attributable to normal wear or where the malfunction of the Products was the result of the malfunction of products not covered by this Agreement.
- Charges for all labor and travel to and from the installation site shall be at the rate of $150.00 per hour or $1,500.00 per day. Charges for Labor shall include travel time to and from the installation and be computed to the nearest one-half hour following an initial one-hour minimum charge. Charges for one technician to be on-site for more than 6 hours shall be at the Daily Rate.
EXCLUDED SERVICES: The following services are outside this Agreement:
- Electrical work external to the Products.
- Relocation of Products.
- Installation and Removal of Products.
- Installation or Repair of communication lines used in conjunction with the Products.
LIMITATION OF REMEDY: The Customer understands and agrees as follows:IN NO EVENT SHALL FAXFINDER BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, CAUSED BY ITS DELAY IN OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. FAXFINDER TOTAL LIABILITY FOR BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS AGREEMENT. FAXFINDER SHALL BE EXCUSED FROM AND SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAYS IN PERFORMANCE HEREUNDER DUE TO ACTS OF GOD, ACCIDENTS, FIRES, EXPLOSIONS, STRIKES, LABOR DISPUTES, WARS, FAILURES OR DELAYS IN TRANSPORTATION, GOVERNMENTAL OR JUDICIAL ACTIONS AFFECTING THE TERMS OF THIS AGREEMENT OR OTHERWISE, SHORTAGES OF LABOR, FUEL, RAW MATERIALS OR MACHINERY, OR ANY OTHER CAUSE BEYOND ITS OR ITS SUPPLIERS CONTROL.
TAXES: Customer shall pay (or reimburse FaxFinder.) in addition to any and all charges which may accrue pursuant to this Agreement, and as a separate item, all taxes (exclusive of taxes based on NET income) however designated, or amounts legally levied in lieu thereof, based upon or measured by the charges set forth in this Agreement, now or hereafter imposed under the authority of a federal, state or local taxing jurisdiction.
- FaxFinder retains the right to subcontract any maintenance described herein to subcontractors of FaxFinder choosing, provided that such subcontractor shall possess qualifications, response time and support policies equivalent to those of FaxFinder.
- PERIOD OF MAINTENANCE COVERAGE:
- Principal Period of Maintenance Coverage (PPM) - the eleven consecutive hours between 09:00 and 18:00 Eastern Time, Monday through Friday, excluding US holidays recognized by FaxFinder.
- Extended Periods of Maintenance - Maintenance beyond the PPM will be provided on an as available basis and the Customer will be billed the current per incident fees according to FaxFinder unless the 7x24x365 coverage (platinum support) has been purchased.