Technical Support Contract
Terms and Conditions

Introduction

This support agreement does not supersede the product license agreement, however, it does amend it where applicable.

Support Issue Investigation and Resolution

  1. ExclamationSoft offers no guarantee, expressed or implied, that we will be able to fix any particular issue, however we will make our best efforts to do so in the time allowed.
  2. ExclamationSoft assumes no liability whatsoever for proposed resolutions or fixes.
  3. ExclamationSoft reserves the right to close a support case at any time for any reason it sees fit.
  4. ExclamationSoft does not support and is not responsible for third party software, the OS, hardware, or network infrastructure.
  5. ExclamationSoft may limit, or terminate support service to, or may elect not to renew additional support, if customer uses the services in an irregular, excessive, abusive, or fraudulent manner.

Scope

During the support term, ExclamationSoft agrees to basic support services for the Software. Basic support services shall consist of:

  1. Error Correction. ExclamationSoft shall be responsible for using all reasonable diligence to correct verifiable and reproducible Errors when reported to ExclamationSoft in accordance with its standard reporting procedures. The Error Correction, when completed, may be provided in the form of a maintenance release.
  2. Answers to Questions. ExclamationSoft shall provide answers to reasonable and specific questions about the installation, setup, configuration, and use of ExclamationSoft products. The answer, when provided, may be provided in the form of a reference to sources of information where the answer can be found. In addition, ExclamationSoft may refer the licensee or licensee representative to sources of information not provided by ExclamationSoft.
  3. Updates or Maintenance Releases. ExclamationSoft may, from time to time issue updates of the Software(s), for Error Corrections, to their customers, whenever the following conditions apply: a) if the number of corrections on a specific version of the software are so great that the release of a maintenance release is necessary; b) if due to an error you are able to use the software only with limited or restricted functionality. ExclamationSoft shall provide you with one (1) copy of each updated version for each copy of the Software(s) being maintained under this Agreement, without additional charge. ExclamationSoft Support shall provide reasonable assistance to help you install and operate each updated version.

What is Not Covered

The following are areas of support not covered by the support agreement, but are offered as a Premium Value Added Service by ExclamationSoft through phone support (see below)

  1. WebWatchBot: Configuration and setup of the product which is beyond the scope of one or two items being monitored. NetMailBot & Smtp.NET: Batch File creation, evaluation, assessment, coding, debugging, and correction.
  2. Assessment, sizing, and capacity planning for a computer to house and run our product and/or Microsoft SQL Server or any other 3rd party product.
  3. Optimizing the product to run on a particular hardware or software configuration
  4. WebWatchBot: Configuring the product to monitor a specific web application, service, protocol, file, system or subsystem. NetMailBot & Smtp.NET: Configuring the product to solve a business need.
  5. Product recovery due to a hardware or software failure resulting in the need to recover data or reconfigure the software.


Customers with an ASA and Trial Users

  1. ExclamationSoft's Annual Support Agreement (ASA) is a 1-year contract that provides online/email technical support, from here on referred to as "support", for the purchased product.
  2. Support is provided through our online system (http://www.exhelp.com) with email notifications.
  3. Support is provided during "normal business hours" from 9am - 5pm EST (EDT) -500 GMT Monday through Friday, except on planned closures posted on our "Company" page: http://www.exclamationsoft.com/exclamationsoft/contact_us.asp
  4. Technical support will be provided to the main technical contact person from your company.
  5. All support cases must specify the primary contact's email address in order to verify the existence and validity of an ASA with the exception of users of the trial version who are covered for the period of their trial, not to exceed 30 days.
  6. ExclamationSoft guarantees that we will start working on your case within twenty-four (24) hours where feasible and depending on posted "normal business hours", however due to the nature of support cases we cannot guarantee a time to resolution.
  7. If it is determined that the scope of the question and possible resolution will involve more than 1 hour total working time, ExclamationSoft will recommend our Phone Support option.

Customers with an Expired ASA

  1. If you do not have a valid non-expired ASA, you must pay for support. This includes any and all questions pertaining to, but is not limited to: technical and non-technical questions about the product.
  2. There are three options to receive support when a valid non-expired ASA is not present:
    1. Re-instate the ASA by purchasing through our secure online ordering system or through one of our resellers
    2. Pay for per incident online/email support
    3. Pay for per hour phone support

Phone Support - Premium Value Added Service

  1. Phone support is a premium value added service and not included with the ASA.
  2. Phone support is charged at $100 per hour in 15 minute increments.
  3. Phone support will be scheduled in advance and provided by a product developer during our normal business hours.
  4. Upon request, a statement of work will be provided for a cost estimate.
  5. When necessary, we can remotely connect to your system to better assess, troubleshoot, and resolve your issue.
  6. Phone support is limited to our products: WebWatchBot, NetMailBot, and Smtp.NET. We do not support 3rd party products, e.g. SQL Server, but may offer assistance if possible.

Per Incident Support - for Customers with an Expired ASA

Per Incident support is designed to meet the needs of customers without a current ASA (Annual Support Agreement).

  1. Per incident support is charged at $50 per incident.
  2. An incident is defined as a question relating to a specific, discrete issue and may involve several interactions with Technical Support prior to resolution. A discrete issue, in general terms, is a specific problem relating to a piece of functionality within our product.
  3. If it is determined that the scope of the question and possible resolution will involve more than 1 hour total working time, ExclamationSoft will recommend our Phone Support option.
  4. Separate support incidents must be purchased for assistance with multiple support issues.
  5. Customers using Per Incident support may only log cases through the Web and receive responses by email.
  6. Per Incident support does not cover assistance with 3rd party software.
  7. Per Incident support hours are Monday through Friday, 9am through 5pm EST/EDT.
ExclamationSoft reserves the right to change these Terms and Conditions at any time and without notice