Support Service Exclusions. Speedment will have no obligation to provide Support Services to Customer in the event that (i) the Software has been changed, modified or damaged by Customer or anyone other than Speedment, (ii) the problem is caused by Customer’s negligence, misconduct, or misuse of the Software, a hardware malfunction, or other causes beyond the reasonable control of Speedment, (iii) the problem is due to third party software, or (iv) Customer has not installed or implemented any Software releases to comply with Section 6 below. The Support Services do not cover the support of any third party software which integrates with the Software. In addition, the Support Services do not include the following: (i) use of any version of Software that is not designated as a production release (such as a beta release or code contained in the sandbox or any other repository that is not packaged into a production release distribution); (ii) Customer’s failure to comply with operating instructions contained in the documentation; (iii) installation, configuration, management and operation of Customer’s applications; (iv) APIs, interfaces or data formats other than those included with the Software; or (v) any training.
Support Service Exclusions. 15.1. The Support Plans specifically exclude assistance for any of the following:
i) any on-site work or site visits (these services are available for a separate fee)
ii) any replacement hardware parts or physical repairs (these may be covered separately by product warranties or otherwise are available for a fee)
iii) any shipping, transport, travel or freight charges incurred in providing the Support
iv) any custom programming, artwork, graphic design, or web design work, including custom pictures or web pages
15.2. Arinda can provide the services listed at item 15.1 for a separate fee per hour, plus shipping, incidentals and travel expenses, however not all of these additional services are available in all areas.
15.3. The Client can request new features or changes to the Surf Easy products and services, but such modifications are outside the scope of the Support Plan, and will be treated as a product improvement suggestion. Arinda maintains full discretion over what suggestions are implemented, and the time line for implementation.
Support Service Exclusions a. The Support Services and the charges quoted by Provider for such Support Services do not cover or include the following:
i. Support of Software which has been modified or repaired other than by Provider;
ii. Making specification changes or performing services connected with the relocation of Software;
iii. Modification or replacement of Software, repair of damage, or increase in service time caused by failure to continually provide a suitable operational environment with all facilities prescribed by the applicable Documentation; including, but not limited to, the failure to provide or the failure of adequate electrical power, temperature or humidity control, or computing environment;
iv. Modification or replacement of Software, repair of damage, or increase in service time caused by the use of the Software for other than the purposes for which it is authorized or not in accordance with the operating guidelines;
v. Modification or replacement of Software, repair of damage, or increase in service time caused by:
1. accident
2. natural or man-made disaster which shall include but not be limited to fire, water, wind, and lightning
3. transportation
4. neglect or misuse
vi. Modification or replacement of Software, or increase in service time caused by the use of the Software in combination with other products or Materials not furnished by Provider;
vii. Backing up or restoring programs and/or data;
viii. Archiving of data or splitting or merging databases; on the operation and use of the Software;
xi. Creation of any new non-standard, customer- defined reports;
xii. Installation and commissioning of the Software and /or Materials;
xiii. Configuration of the Performance Pack or Veterinary Supply Database modules;
xiv. Modification of the Software or Materials;
xv. Consultancy services;
xvi. Repairs to data files or hard drives that have been corrupted or damaged as a result of a hardware malfunction;
xvii. Installation, commissioning or repairs to hardware or network components;
xviii. Correction of errors or defects caused by the operation of the Software in a manner other than specified by the Provider;
xix. Correction of errors or defects caused by the configuration of the Software in a manner other than specified by the Provider;
xx. Correction of errors or defects caused by modification, revision, variation, translation, or alteration of the Product not authorized by the Provider;
xxi. Rectification of errors caused by incorrect use of the Software;
xxii...
Support Service Exclusions. 7.1 This Agreement specifically excludes SOE from being responsible for:
a) Providing support for hardware systems including printers and scanners, networks, operating systems and their additional components, Digital Imaging equipment etc; unless supplied by SOE.
b) Providing support for malfunctioning systems caused by theft, fire, natural disaster, intentional/unintentional damage or deletion of files (It is strongly recommended that the Customer has adequate business insurance to cover such events and subsequent costs);
c) Supporting systems damaged by a virus regardless of its source. It is the Customer’s responsibility to maintain and operate current and comprehensive anti-virus protection;
d) Rectifying data corruption problems caused by hardware failure or 3rd party software;
e) The installation of 3rd party drivers for x-ray equipment. Prior to the configuration of EXAMINE Pro the device must be tested and working in its native software.
f) Any changes in DI exposure levels – we can only advise on using the manufacturers recommended exposure levels.
g) Any PC components found to be the root cause of any software issue.
h) Configuration changes after installation/setup. This includes but is not limited to changes to:
(i) Stationary templates/layouts (PRX’s);
(ii) Changes to letter/label templates;
(iii) Provision or alteration of custom screens;
(iv) Reconciliation and/or analysis of reports;
(v) Reconciliation and/or analysis of UDA/UOA totals;
i) The successful restoration of backups;
j) Rectifying problems as a result of deficient or non-current back-up;
k) On-site support;
l) Re-configuration, de-installation or re-installation of the Software as a result of the following:
(i) Modifications to the Customer’s local area network;
(ii) Changes to the operating system or hardware platform;
(iii) Moving of premises;
(iv) Any malfunction in hardware; m) Ongoing training of the Customer’s staff other than initial training at the time of installation; n) Providing enhancements to the Software pursuant to clause [6.2]. Enhancements are not considered defects and will go through SOE’s product development processes to determine viability for new version or upgrade inclusion;
o) Performing any work outside of Support Hours; or
p) The resubmission of claims containing incorrect information. It is the responsibility of the Customer to ensure that all NHS contract information is entered correctly into the Software.
q) Any financial loss incurred by the failure...
Support Service Exclusions. If persons other than MANDIANT personnel repair, modify or attempt to perform any maintenance service on any item of Product covered by these terms, and as a result thereof, support services by MANDIANT are required to restore the Product to acceptable operating condition, such Support will be only be provided according to the terms in section 1.2 of this Exhibit. Exception to the above is granted in the case that Customer is directed by MANDIANT to repair, modify or attempt to perform any maintenance service on any item of Product covered by these terms. The following list of items is expressly excluded from the scope of this Agreement. This list is not comprehensive, and other services not specified below may also be excluded. Excluded services may be provided under the terms of section 1.2 of this Exhibit at MANDIANT’s discretion.
(a) Electrical work external to Product.
(b) Repair of damages, defects or malfunctions (due to any cause external to Product) adversely affecting the Product’s operability or serviceability which shall include, but not be limited to, fire, flood, water, wind, lightning and transportation, or due to accident, abuse, neglect, misuse, tampering, or any act of God.
(c) Repair of non-conforming or damaged Product caused by failure to provide a suitable installation environment including without limitation the failure to provide adequate electrical power, heating, ventilation, and air conditioning, and properly use, management and supervision of the Product in accordance with MANDIANT specifications.
(d) Repair of non-conforming or damaged Product caused by the use of the Product for purposes other than normal and intended use, from using accessories or supplies not approved by MANDIANT, or from modification or replacement of any components on any boards supplied with the Product.
(e) Furnishing software, supplies or accessories, painting or refinishing the machines or furnishing material therefore making specification changes or performing services in connection with the relocation of the Product, or adding or removing approved accessories, attachments or other devices except as set forth herein.
(f) Consulting services that are otherwise provided by MANDIANT, including those pertaining the interpretation of data collected by the Product for purposes of incident related to supporting proper operation of the Product in accordance with this Agreement.
Support Service Exclusions. The Company shall not be responsible for supporting:
9.2.1 any issue caused by any changes, by act omission or default, or any alterations or modifications by the Customer to any equipment provided by the Company without the prior written consent of the Company,
9.2.2 support to the LAN or cabling at the Sites,
9.2.3 End User training on the Services,
9.2.4 resolving faults or problems due to compatibility problems/issues with the Software Phone Application and the End User device,
9.2.5 support to any communication lines or End User Device not provided by the Company, and
9.2.6 reloading the Software Phone Application onto End User devices.
Support Service Exclusions. 6.1 The Supplier shall be under no obligation to provide the Support Services where the fault arises from:
6.1.1 a commissioning, modification, customisation or configuration of the Solution, which is carried out by any person other than the Supplier or its approved sub-contractor;
6.1.2 the use of computer hardware, operating systems or other supporting software not supplied by the Supplier;
6.1.3 unreasonable environmental causes including but not limited to extreme temperature, dust, humidity, submersion in water or physical or electrical stress;
6.1.4 negligence or misuse by the Customer or a third party;
6.1.5 data supplied by the Customer or a third party or the absence of any required data or the inability to access such data;
6.1.6 a request for service or support which is not made by an authorised and properly qualified and trained individual; or
6.1.7 the Customer’s failure to comply with clause 7 below (Price & Payment).
