Support Agreement Terms and Conditions
This Agreement contains the terms and conditions that apply to your purchase from Elentaris I.T. Ltd, Ltd. (“Elentaris I.T. Ltd”) that will be provided to you (“Customer”) on orders for Elentaris I.T. Ltd Technical Support Agreements (“Support Agreements”). By accepting delivery of the Elentaris I.T. Ltd services and support described on the invoice or order confirmation, Customer agrees to be bound by and accepts these terms and conditions. If you do not wish to be bound by this Agreement, you must notify Elentaris I.T. Ltd immediately and return your purchase pursuant to Elentaris I.T. Ltd’ return policy below. These terms and conditions are subject to change without prior written notice at any time, at Elentaris I.T. Ltd’ sole discretion.
Before any support services are carried out, the Licensee shall pay, in advance, an annual fee of £250. The support term will be for one year from the date of payment. Customers paying by monthly subscription will be required to make 12 payments for the yearly package.
2. Support Services
Elentaris I.T. Ltd will provide Customer with ten (10) hours of support in the form of database management, email technical support assistance, software installation via remote desktop (“Support Services”), access to client-server version of the software, for the full term of the Support Agreement.Term(s) begin upon Elentaris I.T. Ltd’ receipt and acceptance of Customer’s order of Support Services (“Commencement Date”).
Email support is available Monday through Friday, 9:00 am to 5:00 pm GMT – excluding weekends and observed U.K. Holidays, and fourteen days annual leave holiday. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Elentaris I.T. Ltd. Email support requests will be processed within one (1) business day. Support services will also include software updates where appropriate. If further work is required beyond the ten (10) hours provided in the support package, then it will be charged at £25 per hour.
Service and support will be provided, to Customer in accordance with the terms indicated in this document and on Elentaris I.T. Ltd’ website. Elentaris I.T. Ltd has no obligation to provide service or support until Elentaris I.T. Ltd has received full payment for the Support Agreement(s). Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and are available on Elentaris I.T. Ltd’ website. Customer will be provided Support Services only for the Elentaris I.T. Ltd software product (“Product”) in which the Support Agreement was purchased. Support availability for a particular Product version is subject to change at any time without notice.
Elentaris I.T. Ltd may limit or terminate support service to, or may elect not to renew additional support if Customer uses the service in an irregular, excessive, abusive or fraudulent manner or uses Product(s) with third party software that is determined at Elentaris I.T. Ltd’ sole discretion to be incompatible. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in Product documentation, and discussion of issues that are not related to technical support. Coverage is non-transferable and is valid for the Customer only. Resale or transfer of support plans is strictly prohibited, and will be grounds for termination or non-renewal of support.
Elentaris I.T. Ltd is not responsible for any lost or corrupted software or data. Elentaris I.T. Ltd strongly recommends that Customer maintain a complete data backup and disaster recovery plan.
4. Returns and Refunds
Elentaris I.T. Ltd may change this policy without prior written notice at any time, at Elentaris I.T. Ltd’ sole discretion. Please refer to Elentaris I.T. Ltd’ website for a current return policy. Any refund will be determined by Elentaris I.T. Ltd based on the passage of time and/or the number of support incidents at Elentaris I.T. Ltd’ discretion. Refunds will only be given for remaining time on the annual support package, rounded to the latest whole month.
Customer must contact the Elentaris I.T. Ltd Customer Service department for return / refund.
5. Dispute Resolution
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Elentaris I.T. Ltd, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Elentaris I.T. Ltd” ) arising out of or relating to this Agreement, Elentaris I.T. Ltd advertising, or any related purchase (a “Dispute” ) through face to face negotiation with persons fully authorized to resolve the Dispute.
6. DISCLAIMER OF ALL WARRANTIES
ELENTARIS I.T. LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUPPORT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES, OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE RESULTS TO BE OBTAINED FROM THE SUPPORT OR THE RESULTS OF ANY RECOMMENDATION Elentaris I.T. Ltd MAY MAKE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION Elentaris I.T. Ltd MAY PROVIDE. Elentaris I.T. Ltd reserves the right to modify its warranty retroactively at any time, at its sole discretion.
7. LIMITATION OF LIABILITY
ELENTARIS I.T. LTD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Elentaris I.T. Ltd WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THIS SERVICE, Elentaris I.T. Ltd IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SUPPORT UNDER THIS AGREEMENT.
8. Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Elentaris I.T. Ltd.
9. Governing Law
This Agreement shall be governed by the laws of the United Kingdom.
The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
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.