Common use of SUPPORT AND TECHNICAL SERVICES Clause in Contracts

SUPPORT AND TECHNICAL SERVICES. 6.1 Proofpoint shall provide support provided Customer is current in payment of the applicable Fees and any additional fees for platinum or premium support, if applicable. Proofpoint’s current support terms are described on Proofpoint’s website at xxxx://xxx.xxxxxxxxxx.xxx/license. Any term found to be in conflict with DIR Contract No. DIR-TSO- 3480 shall be deemed null and void. 6.2 Proofpoint shall provide the Technical Services, if any, specified in one or more SOWs. All Technical Services shall be billed as stated in the applicable SOW and Customer agrees that if Customer has not used the Technical Services 6.3 Proofpoint warrants it will provide Technical Services in a professional and workmanlike manner consistent with good industry standards and practices. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty, Proofpoint will, (i) use reasonable efforts to provide a work around, or otherwise re- perform the Technical Services or, if Proofpoint is unable to do so, (ii) terminate the applicable SOW and refund that portion of any Fees paid to Proofpoint or Reseller that correspond to the allegedly defective Technical Services.

Appears in 2 contracts

Samples: Addendum to Standard Terms and Conditions, General Terms and Conditions

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SUPPORT AND TECHNICAL SERVICES. 6.1 Proofpoint shall provide support provided Customer is current in payment of the applicable Fees and any additional fees for platinum or premium support, if applicable. Proofpoint’s current support terms are described on Proofpoint’s website at xxxx://xxx.xxxxxxxxxx.xxx/license. Any term found to be in conflict with DIR Contract No. DIR-TSO- 3480 3749 shall be deemed null and void. 6.2 Proofpoint shall provide the Technical Services, if any, specified in one or more SOWs. All Technical Services shall be billed as stated in the applicable SOW and Customer agrees that if Customer has not used the Technical Services 6.3 Proofpoint warrants it will provide Technical Services in a professional and workmanlike manner consistent with good industry standards and practices. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty, Proofpoint will, (i) use reasonable efforts to provide a work around, or otherwise re- perform the Technical Services or, if Proofpoint is unable to do so, (ii) terminate the applicable SOW and refund that portion of any Fees paid to Proofpoint or Reseller that correspond to the allegedly defective Technical Services.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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SUPPORT AND TECHNICAL SERVICES. 6.1 Proofpoint shall provide support provided Customer is current in payment of the applicable Fees and any additional fees for platinum or premium support, if applicable. Proofpoint’s current support terms are described on Proofpoint’s website at xxxx://xxx.xxxxxxxxxx.xxx/license. Any term found to be in conflict with DIR Contract No. DIR-TSO- 3480 3926 shall be deemed null and void. 6.2 Proofpoint shall provide the Technical Services, if any, specified in one or more SOWs. All Technical Services shall be billed as stated in the applicable SOW and Customer agrees that if Customer has not used the Technical Services within one (1) year of paying for such Technical Services, Proofpoint has no further obligations and Customer shall not be entitled to a refund except as set forth expressly in the applicable SOW. 6.3 Proofpoint warrants it will provide Technical Services in a professional and workmanlike manner consistent with good industry standards and practices. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty, Proofpoint will, (i) use reasonable efforts to provide a work around, or otherwise re- perform the Technical Services or, if Proofpoint is unable to do so, (ii) terminate the applicable SOW and refund that portion of any Fees paid to Proofpoint or Reseller that correspond to the allegedly defective Technical Services.

Appears in 1 contract

Samples: General Terms and Conditions

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