Service Agreement for Support
IMPORTANT - PLEASE REVIEW CAREFULLY
By using Supportteq. online or telephonic technical support and solutions, you are subject to this Agreement and provide your acceptance, without modification, the terms and conditions set forth herein. Supportteq may change the types of services included in this Agreement at any time without prior notice. By using or accepting services from Supportteq, you are confirming your agreement to be bound by all of the terms and conditions set forth in this Agreement.
This Agreement is entered into between the Customer (“you” or “your”) and Supportteq. (“EOS”, “us” or “we”) You accept this Agreement upon:
- Your submission to us of an online or telephone request for service, in verbal or written notice.
- Your accepting this Agreement electronically during registration or in the course of initiating a support session whether online or by telephone; or
- Your use of the Service. This Agreement is made up of preamble, the terms herein, all attachments to this Agreement and any other policies and materials specifically referred to in this Agreement, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use our service, and under which EOS agrees to provide Service to you.
For the purposes of this Agreement, the following terms are defined as follows:
- “EOS” shall mean and include its directors, officers, employees, contractors, agents, successors or assigns.
- “Service” shall mean all software technical support, maintenance, products and services ordered by you or provided to you by EOS.
- “Software” shall mean, but is not limited to, EOS.
- “Third Party Providers” shall mean and include all of EOS’s third party licensors, providers and suppliers.
Authorized User, Use And Responsibilities
- You acknowledge and agree that you have the legal authority to enter into this Agreement and confirm that the information you supply to us is correct and complete. EOS relies on the information you supply. Providing false or incorrect information may result in Service being withheld, delayed, suspended or terminated at the discretion of EOS. In addition, if EOS relies on this false or incorrect information this may result in EOS providing Service that adversely affect the Client and EOS shall not be responsible at any time for loss, alteration or corruption of the Software, your software, data or files.
- You are responsible for all users on your account and computer systems. You accept full liability and responsibility for the actions of anyone who uses our service via your account, or your computer systems, with or without your permission.
- You agree it is your responsibility to back up all software and data that is stored on your computer’s hard disk drive(s) and on any other storage devices you may have prior to using the service by EOS or its Third Party Providers. EOS or its Third Party Providers shall not be responsible at any time for loss, alteration or corruption of the software, your software, data or files.
- You agree that EOS and its Third Party Providers reserve the right to refrain from providing all Service ordered on the basis that the minimum system requirements like a fully functional Internet connection with a decent speed, are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of this Agreement as reasonably determined by EOS or its Third Party Providers.
Permission To Connect
The Customer hereby permits EOS to remotely or directly access and connect to the Customer’s computer systems and network for the express purpose of providing Service. The Customer will cooperate in good faith to enable such connections to occur.
Availability Of Service
- The service you select may not be available at all times, and may not be available in the format generally marketed. Some computer systems and networks may not be available to receive the service even if initial testing showed that your connection was qualified or your computer environment was suitable. All services are provided on an “As Is” or “As Available” basis and immediate access and availability of service is not guaranteed.
- EOS or its Third Party Providers may, at any time, without notice or liability, restrict the use of the Service or limit the time of availability in order to perform any Service.
Terms And Termination
- This Agreement goes into effect upon your acceptance of this Agreement as set forth in section 1 and shall continue, subject to the terms of section 1, until terminated by either party as permitted by this Agreement.
- EOS may terminate or suspend service, at its sole discretion, immediately and without notice, if:
- You are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the service or software).
- Any attempt is made, other than by EOS or its Third Party Providers to remove any defects or deal with any errors in the software.
- Any development, enhancement or variation of the software is carried out other than by the software supplier, EOS or its Third Party Providers.
- Your use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service or EOS’s network.
- EOS receives an order from a court to terminate your service.
- EOS for any reason ceases to offer the service.
- You are no longer a Customer.
- You have failed to pay an invoice in accordance with the provisions of this Agreement. or
- Where, in the reasonable opinion of EOS, the Customer’s computer system or network have ceased to be capable of operating the Software successfully for any reason.
- The Customer may terminate this Agreement if EOS is in material or continuing breach of any of its obligations under this Agreement and fails to remedy the same (if capable of remedy) for a period of ten days after written notification of the breach has been delivered by the Customer to EOS.
Limitations On Use Of The Service
- You agree that your use of the software and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable municipal, provincial, national and international laws and regulations.
- You agree that the Internet is not owned, operated or managed by, or in any way affiliated with EOS and EOS is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that EOS does not own or control any of the facilities and communication lines through which service may be provided, nor does EOS guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned, leased or controlled by EOS.
- You agree that EOS cannot and does not guarantee or warrant that data available for downloading through the service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of information or data input and output and for maintaining a means external to the Service for the reconstruction and input of any lost data.
- You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. EOS is not responsible for invalid destinations, transmission errors, or corruption or security of your information or data.
- You agree to ensure that the licenses authorizing your use of the software are in effect throughout the term of this Agreement, and that the software is used only as permitted by the terms of the applicable licenses.
- If EOS or its Third Party Provider’s ability to render service is impaired by you or circumstances beyond the control of EOS or its Third Party Provider, EOS and its Third Party Provider may choose not to provide service.
Warranties And Limitation Of Liability
- You acknowledge and agree that the service supplied is provided on an “As Is” or “As Available” basis, with all faults. Except as otherwise specifically set forth in this Agreement and as otherwise specifically set forth in any manufacturer warranty for any equipment or software provided by EOS (but only if such warranty is included with such equipment or software), EOS and its Third Party Providers, disclaim any and all warranties for the service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference title, compatibility of computer systems, integration, and those arising from the course of dealing, course of trade, or arising under statute. No advice or information given by EOS or its Third Party Providers shall create a warranty. Use of EOS’s Service is at your own risk and is not warranted.
- EOS does not warrant that its Service will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like.
- EOS shall not be liable for loss of your data, or if changes in operation, procedures, or Service require modification or alteration of your equipment, render the same obsolete or otherwise affect its performance. EOS makes no warranty regarding any transactions executed using the Service or the Internet. EOS makes no warranty regarding the content and information accessed by using the service or any links displayed. You expressly assume all risk and responsibility for use of the service and the Internet generally.
- In no event shall EOS or its Third Party Providers, be liable to you or any other person for any indirect, incidental, exemplary, special or consequential damages of any kind whatsoever, including without limitation, liability with respect to, expenses, costs, revenue, profits, lost savings or earnings, lost or corrupted data, business interruption, failure to recognize expected savings or other liability arising out of, or related to, the Service provided by EOS or its Third Party Providers or from the installation, uninstallation, reinstallation, use of, or inability to use your computer equipment, hardware, peripherals, or the network resulting from the Service provided hereunder, or to the extent of any claims against you by any other party.
- Except as expressly stated in this section and elsewhere in this Agreement, any liability of EOS for breach of this Agreement will not exceed in the aggregate, with respect to any one event or series of connected events, for any expense, damage, loss, injury, or liability, of any kind or nature whatsoever being awarded to the Customer, the total price paid or due to be paid by the Customer under this Agreement to EOS.
- The Customer agrees that it has accepted these terms and conditions in the knowledge that EOS’s liability is limited and that the prices and charges payable have been calculated accordingly. The Customer is advised to make its own insurance arrangements if it desires to limit its exposure to risk or if it requires further or different cover.
You agree to defend, indemnify and hold harmless EOS from and against all liabilities, costs and expenses, including fees on a solicitor and his own client basis, related to or arising from:
- Any violation of applicable laws, regulations or this Agreement by you (or any party who uses your computer systems to access the service).
- The use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any party who uses your account to access the Service).
- Negligent acts, errors, or omissions by you (or any party who uses your computer systems to access the Service).
- Injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of EOS. or
- Claims for infringement of any intellectual property rights arising from the use of the service, software, or the Internet.
Charges And Payment Terms
- You will be invoiced in advance for the service charge per the plan chosen by you on our website at www.EOS.com. All charges are exclusive of GST and any applicable taxes, which may be applied in accordance with the prevailing legislation in force.
- EOS may at its option, and without prejudice to any other remedy at any time after payment has become due, but not paid by you, temporarily suspend service or terminate this Agreement.
- For a detailed refund policy of EOS, please refer to refunds.
- You have authorized the payment for the services provided by EOS. You agree not to dispute this charge with your bank or to file a chargeback.
- All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those sections relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
- EOS will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control, or an inability to obtain necessary equipment or Service. In the event of a force majeure, EOS shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform this Agreement as is reasonably possible.
- You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed. This Agreement shall be binding on EOS’s successors or assigns.
- This Agreement, including all attachments and all other policies posted on EOS’s Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and EOS with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, written or electronic, are void, unless the changes are made in writing and executed by the parties.