Terms and Conditions
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF SMART HOME KATY COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH SMART HOME KATY. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE SMART HOME KATY SUPPORT SERVICE.
Terms and Conditions of Service
1. Support Services
1.1 Software Support Service. During the period of time or term of the Software Maintenance Plan (the ”Plan”), for which the customer has paid Smart Home Katy, LLC DBA Smart Tech Katy (“STK”), for the services described in this Plan, STK will provide technical support relating to product installation, configuration, use, and operation of the STK software licensed by customer. This support will be provided by telephone; Email, and/or on-line via ScreenConnect during STK’s normal business hours of 8:00 a.m. to 5:00 p.m. U.S. Central time, Monday through Friday and 10:00 a.m. to 5:00 p.m. Saturday and Sunday, excluding Federal holidays. 24x7 Technical Support is available as well as scheduled, customer requested appointments.
1.2 Update Service. During the term of the Plan, STK will provide updates to the licensed software. “Update” means each version of the licensed software released for distribution by STK that incorporates one or more program fixes, enhancements, or improvements as designated by release level 1.x. “Updates” excludes new products announced by STK that require additional license fees and which provide more functionality than the software version initially licensed, as designated by the release x.0 (“Upgrade”).
During the term of the Plan, STK will provide category updates to the licensed software as defined by the software purchased. Each software product as sold has a defined category update frequency. To benefit from category updates customer is responsible to ensuring software purchased has Internet connectivity to the STK online service.
1.3 Call Storage Devices. During the term of the Plan, STK will provide updates to the licensed Call Storage Devices (“CSD”). A “CSD Update” means firmware updates of the licensed software released for distribution by STK’s CSD provider that incorporates one or more program fixes, enhancements, or improvements which is designated as upgradeable from the CSD’s base model and version. “CSD Updates” excludes new products announced by STK’s CSD provider that require changes to the CSD hardware platform initially purchased. Additionally, the Plan includes advanced replacement of a CSD with a loaner unit for a defective unit that has been issued a Return Merchandise Authorization or RMA number by STK Technical Support or STK’s CSD provider. There is no guarantee that the loaner unit will be equal in specifications and storage capacity to the licensed CSD. The customer will be charged for the loaner unit if the defective unit is not returned to STK within 90 days after shipment of the loaner unit.
1.4 Hardware Support Service for Appliances. During the period of time or term of the Software Maintenance Plan (the ”Plan”), for which the customer has paid Smart Home Katy, LLC DBA Smart Tech Katy (“STK”), for the services described in this Plan, STK will provide technical support. STK warranties the hardware as purchased during the term of the Plan. Warranty only covers manufacturer defects during the initial term of the Plan. Subsequent time or extensions of the Plan will only extend the warranty period if Hardware Maintenance is included in the extended Software Maintenance Plan. Based onavailabilityofpartshardwarewarrantieswillberesolvedusingsameor like equipment that will be either new or used. There is no guarantee that the replacement hardware will be equal in specifications and storage capacity to the licensed hardware.
1.5 INTERNET Access. Access to technical support via the INTERNET for Frequently Asked Questions (FAQs), and selected data files are available to Plan subscribers at a rate agreed upon based on membership level.
1.6 Correction of Errors. The technical support provided by this Plan includes a limited obligation to assist in the correction of errors in the licensed software. If the licensed software fails to perform in accordance with the functionality specified in the user documentation or help screens, the customer may notify STK support of the error. STK technical support staff, at their option, may require additional information sufficient to permit STK to reproduce the error. In the event STK is able to reproduce the error, and identify it as an error in the licensed software, STK will use its best efforts to correct the error. STK will also provide the customer with known error avoidance or error bypass procedures as soon as possible after the customer notifies STK of a problem.
2 Limitations
2.1 Services NOT Covered. The Plan does not include (i) assistance in the configuration or maintenance of hardware, software or facilities external to the licensed software, (ii) customer modifications or programming changes to the licensed software , (iii) standard product training. The technical support provided through this Plan is not intended to replace standard product training.
The technical support provided through this Plan does not include technical training. Regular training is offered at a fee.
2.2 Hardware Modifications, Additional Software or Training. If a hardware modification or additional third party software is needed for a new release of the licensed software to be compatible with the customer’s hardware, such required hardware modification or third party software is NOT covered by this Plan and is the customer’s sole responsibility. If additional training is necessary to utilize a new release of the licensed software, the cost of such training is NOT covered by this Plan and is the customer’s sole responsibility.
3 Conditions
The Plan does not constitute a warranty. STK will provide the services described herein subject to the following conditions:
3.1 This Plan is NOT an Agreement for Trouble Free Service. STK does not represent that the operation of the licensed software will be uninterrupted or error free. STK is not responsible for problems caused by the customer’s computer hardware, or the customer’s use of the licensed software in conjunction with non- STK software or in conjunction with other than the specified hardware and operating system environment, or the customer’s unauthorized use of the licensed software. STK will not be responsible for loss, damage or injury resulting from any delay in rendering the services required under this Plan.
3.2 Remote Diagnostic Access. The customer must provide access to the licensed software and computer(s) on which the licensed software resides through the use of an internet connection where ScreenConnect remote access can be used through a web browser session. (STK will provide support to customers that do not implement the specified remote diagnostic capability, but STK reserves the right to charge additional fees that reflect STK’s additional support costs associated with the lack of remote diagnostic capabilities.)
3.3 Hardware Requirements. Customer equipment must meet the minimum computer hardware and software configuration specified and the customer must provide access to all information necessary to operate the licensed software (i.e. phone numbers, passwords, etc.). Additionally, computer software that is no longer supported by their manufacturer (such as Windows XP) will not be provided service for.
3.4 Software Operations. The customer is responsible for providing personnel with the appropriate knowledge and skills to operate non-standard software programs.
3.5 Accounts Receivable. STK will not provide services specified under this plan to customers whose invoices or Plan accounts are thirty (30) days or more past due or customers who have not paid for the software license in accordance with the terms and conditions agreed upon in writing at the time of sale.
3.6 No Liability for Consequential Damage. NEITHER STK LICENSEE OR ITS AGENTS, SHALL IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF USE) ARISING FROM BREACH OF WARRANTY, FAILURE TO PROVIDE THE SERVICES DESCRIBED HEREIN, NEGLIGENCE, MALPRACTICE OR ANY OTHER LEGAL THEORY, EVEN IF STK OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF SUCH DAMAGES.
3.7 Disclaimer of any Implied Warranties. NO IMPLIED WARRANTY, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO ANY MEDIA, DOCUMENTATION, SOFTWARE PRODUCT, OR SERVICE PROVIDED BY STK UNDER THIS PLAN. OTHER ARE HEREBY DISCLAIMED BY STK.
3.8 Forbidden Activities. STK reserves the right to discontinue service if the customer is using their computers for illegal activity. Certain discoveries such as child pornography will be reported to the local authorities. Any malware outbreak caused by illegal activity (if STK chooses at their option not to discontinue service) will be charged at the standard non-discounted hourly rate.
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3.9 Modifications to the Software Maintenance Plan. The features of this Plan can only be modified by a written agreement signed by a duly authorized representative of STK and the customer. The terms and conditions of this Plan are exclusive, notwithstanding any variance from the terms and conditions of any purchasing, ordering document, or other instrument submitted by the customer whether formally rejected by STK or not
4. Plan Pricing and Terms
4.1 Basic Price and Terms. Current pricing for the Plan is available on the STK price sheet. For those customers not providing remote diagnostic capabilities via ScreenConnect, STK reserves the right to increase the cost of this Plan for the licensed software. However, STK will notify the customer of the possibility of this increased cost in advance.
4.2 Payment Terms. Payment in full for the upcoming term is due fifteen (15) days prior to the expiration of the current Plan term. Payment not received by the commencement date of the NEW term will be considered PAST DUE. STK will not provide support services or updates to customers who are thirty (30) days or more past due. Payments past due thirty (30) days or more will be subject to a standard restart fee.
4.3 Agreement to Terms and Services. Payment, partial payment, or agreement to pay through the execution of a document such as an Order Confirmation by the customer indicates agreement on the part of the customer to the maintenance service, updates, terms and conditions provided for under the Plan.