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Unless otherwise stated, these Software Technical Support Policies apply to technical
support for all ComTek Software Systems(CSS) Developed Product lines. "You" And
"Your" refers to the individual or entity that has ordered technical support from
ComTek Software Systems(CSS) or an authorized distributor These Technical Support
Policies are subjected to change at CSS's discretion; however CSS policy changes
will not result in a material reduction in the level of the services provided for
supported programs during the support period(defined below) for which fees for technical
support have been paid.
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Technical support fees are due and payable annually in advance of a support period,
unless otherwise stated in the relevant ordering document or financing or payment
contract with CSS. Your commitment to pay is required to process your technical
support order with CSS(e.g., Purchase order, actual payment, or other approved method
of payment). An invoice will be issued only upon receipt of your commitment to pay,
and will be sent to a single billing address that you designate. Failure to submit
payment will result in the termination of support.
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Technical support is effective upon the effective date of your ordering document
unless stated otherwise in your ordering document. The effective date is the date
your order was accepted by CSS. Unless otherwise stated in the ordering document,
CSS technical support terms, including pricing reflect a 12 month support period(
the "Support Period").
All Technical support services ordered for a support period and the related fees
are non-cancelable and non-refundable. CSS is not obligated to provide technical
support beyond the end of the support period.
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A license set consists of (i) all of your licenses of a programs,Including any options*
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Software installation charges and training charges will be extra according to requirement and time as per trainee person(s).
Trainee must have skills related to stock market operations, banking & finance, and basic computer operation.
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In the event that technical support lapses or was not originally purchased, Upon
the commencement of technical support a reinstatement fee will be assessed. The
reinstatement fee is equal to 200% of the last-paid support fee, or 150% of the
last-published list technical Support price for the licensed program
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Customers with unsupported programs are not entitled to download or receive updates,
maintenance release, patches, telephone assistance, or any other technical support
services for unsupported programs.
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Your technical contacts are the sole liaisons between you and CSS for technical
support of programs. Your technical contacts must have, a minimum initial basic
product training and, as needed, supplemental training appropriate for specific
role or implementation phase, specialized product usage, and/or migration. Your
technical contacts must be knowledgeable about the CSS programs, and Laws related
to Operation of Software, and your environment in orfer to help resolve system issues
and to assist encountering and an ability to reproduce the problem in order to assist
CSS in diagnosing and triaging the problem. To avoid instrruptions in support servicess,
you must notify CSS whenever technical contact responsibilities are transferrd to
another individual. CSS may review service requests logged by your technical contacts,
and may recommend specific training to help avoid service requests that would be
prevented by such training.
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"Update" means a subsequent release of the programs which CSS generallu makes available
for programs licenses to its suppotred customers at no additional license fee.Updates
do not include all version previously available for a program acquired by CSS. CSS
is under no obligation to develop any future programs or functionality. Any updates
made available will be delivered to you, or made abailable to you for download.
you shall be responsible for copying downloading and installing the updates.
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Sometimes, in order to help you, CSS support team may ask for access to your database. This is
access is intended for us to check what is happenning inside your site and give you solutions
based on what we are seeing.
When you give us permission to make changes, please take into account that these changes may have
unexpected results. Therefore, it is extremely important to backup-up your database before CSS
Support starts working on it. Backup should include the database and the file systems.
If we find a problem in your database, which we can only reproduce on your database,
we may ask your permssion to make a copy and use for development and debug purposes. The extent
of this work is only to troubleshoot the problem that you have reported. Once we are done with this
we will no longer use your database for other work.
Under no circumstances will we expose any of your data or share it with anyone else. We will treat
your database as we treat our own. Whenever possible we prefer to work on backup sites and not on
your production site. It is impossible for us to create test data for every customization done on
your site, so it is necessary to get the access of database for checking the customization
done in your site.
CSS will not access, collect or store any personally identifiable information(except
for technial support contact information) or business data files residing in your
software environment. Data provided to CSS by are stored in secured repositories.
it will be used to assist in resolving service requests and to provide recommendations
regarding configuration of your environment and deployment of programs. Data are
used to help CSS improve upon product and service offering for you.
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It may become necessary as a part of CSS's product lifecycle to de support certain
program releases and, therefore, CSS reserves that right; For all other CSS programs,
de support information, including de support dates, information about availability
of Extended Support and Sustaining Support, and information about migration paths
for certain features, is posted on our website. De support information is subject
to change.
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You are required to establish and maintain the organization and processes to provide
"First Line Support" for the supported programs directly to your users, clients, branchs, sub-brokers, etc...
First Line Support shall include but not be limited to
- a direct response to users with respect to inquiries concerning the performance,
functionality or operation of the supported programs,
- a direct response to users with respect to problems or issues with the supported
programs,
- a diagnosis of problems or issues of the supported programs, and
- a resolution of problems or issues of the supported programs.
If after reasonable commercial efforts you are unable to diagnose or
resolve problems or issues of the supported programs, you may contact CSS for "Second
Line Support". You shall use commercially reasonable efforts to provide CSS with
the necessary access (e.g., access to repository files, log files, or database extracts)
required to provide Second Line Support. CSS does not warrant its performance of
the technical support described herein if you do not provide such access at CSS’s
request.
Second Line Support shall consist of
- a diagnosis of problems or issues of the supported programs and
- reasonable commercial efforts to resolve reported
and verifiable errors in supported programs so that such supported programs perform
in all material respects as described in the associated documentation. CSS may review
service requests logged by your technical contacts, and may recommend specific organization
and process changes to assist you with the above recommended standard practices.
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You must remain on a supported environment – including applications and platforms
– to receive technical support. If a vendor retires support for its product, you
may be required to upgrade to a current certified and supported application, hardware
platform, framework, database, and/or operating system configuration to continue
receiving technical support services from CSS.
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CSS warrants that technical support services will be provided in a professional manner consistent with industry standards.
You must notify CSS of any technical support services warranty deficiencies within
30 days from performance of the defective technical support services.
FOR ANY BREACH
OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND CSS’S ENTIRE LIABILITY, SHALL
BE THE REPERFORMANCE OF THE DEFICIENT TECHNICAL SUPPORT SERVICES, OR IF CSS CANNOT
SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END
THE RELEVANT TECHNICAL SUPPORT SERVICES AND RECOVER THE BALANCE FEES PAID TO CSS
FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES. TO THE EXTENT PERMITTED BY LAW, THESE
WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
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NEITHER PARTY SHALL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS
OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’S MAXIMUM LIABILITY FOR ANY DAMAGES
ARISING OUT OF SHALL BE LIMITED TO THE FEES YOU PAID TO CSS FOR THE DEFICIENT TECHNICAL
SUPPORT SERVICES GIVING RISE TO THE LIABILITY.
** End of Policy Document **
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