Terms and Conditions for Support and Maintenance

Terms and Conditions for Support and Maintenance

Askozia provides Support and Maintenance pursuant to these conditions.

1. Standard terms
This contract is entered into by Askozia (plaintel GmbH) (referred to as the supplier) and the customer.

2. Contractual item
The contractual item is the maintenance of the listed software as well as support services provided by the supplier.

2.1 Service provided
The services specified in this contract only include products the customer has the required utilization rights (software licenses) for, and which are being operated within the allowable hardware and software specifications.

2.2 Maintenance
During the period covered by the maintenance contract, the supplier provides all official service and bug fix updates for the listed software and software expansion modules, free of charge to the customer.

Services according to 2.2 are performed within an adequate timeframe after the respective software release.

2.3 Support
Support services provided by the supplier under the terms and conditions of this agreement are limited to email, telephone and remote desktop support during normal business hours.

Support includes
1) help with installation, configuration and usage,
2) source code related problems of the software provided by the supplier.

Support does not include
1) design and development,
2) help for using the software outside of its normal specifications, 3) problems related to hardware or software of third party suppliers (see 2.3.2 for specifics).

To access the support system, the customer is required to open a ticket at support.askozia.com. This is a mandatory step and used by the supplier to organise and prioritise support as well as for documentation purposes.
Telephone and remote support are only available by previous arrangement and require the customer to open a ticket first.

Business hours of Askozia are Monday to Friday 9am-5pm CET/CEST (Central European Time/ Central European Summer Time). Public holidays in Germany are excluded.

For support outside the normal business hours of the supplier, a surcharge of 50% is applicable. For support on Saturdays, Sundays and public holidays (in Germany), a surcharge of 100% is applicable.

Support hours are accounted for in 10 minutes increments.

2.3.1 Priority and response time
The priority for support cases (tickets) is defined in the subscription details (S, M, L or D;). The response time varies depending on how many cases the supplier’s support team is working on at this moment. However, the supplier will always try to give the customer a first response on the same working day and treats the case according to the priority of the customer’s subscription.

2.3.2 X3 support
X3 support is technical support for 3rd party products that are outside of the supplier’s control.

That includes: configuration of networks, routers, firewalls and VPNs; Integration of any kind of software or hardware that is not made by the supplier; Troubleshooting of unsupported VoIP providers, phones, gateways and hardware of any kind; Integration of Askozia software with unsupported virtualisation environments

X3 support is provided as “best effort”. That means the supplier will do its best to help the customer, but a successful integration can not be guaranteed. However, whatever the outcome may be, the customer will be charged for the time the supplier spends with the case. Furthermore, if a successful integration is not possible within a reasonable amount of effort, the supplier can notify the customer and close the case.

3. Payment
Payment for support and maintenance is due annually, payable in advance. Additional support hours (for existing support contracts) will be billed after performance. Support on Demand (without support contract) is billed immediately after performance.

Phone calls to mobile phones are not included in our support prices and will be charged extra.

All prices exclude any applicable value added tax (VAT).

4. Contract period
This agreement will remain in force for one year (365 days) from the effective date. The agreement will automatically renew for an additional one year period, at the then prevailing support contract rates, unless terminated by either party in writing 1 months before the renewal date. Payments are due prior the actual renewal date. Support Subscriptions via the supplier’s web shop can be canceled until ten days before renewal.

5. Change of charges
The supplier reserves the right, to change the charges due to conditions of competitions or economical reasons. In case of a change of charges, the supplier will provide a written notice to the customer.

The customer has the right to cancel the contract in writing, one month before the new charges become effective.

6. Limitation of liability
IN NO EVENT WILL THE SUPPLIER BE LIABLE TO CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH CUSTOMER FOR ANY CLAIM, LOSS, OR DAMAGE OR ANY KIND OR NATURE; WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS SHALL IN NO WAY CAUSE LIABILITY TO CUSTOMER. ANY SOFTWARE FAILURE OR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SHOULD NOT BE ASSUMED BY THE SUPPLIER..

7. Governing law
This contract is governed by the laws of the Federal Republic of Germany. The validity of the UN Purchase Act is excluded. The licensing conditions of Askozia (plaintel GmbH) apply. Jurisdiction for all disputes in connection with this contract is the headquarters of the supplier.

8. Partial invalidity
If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.