TeamSolutions Premium Support Agreement
What is Premium Support?
Purchasing a Premium Support Agreement (PSA) provides the following benefits:
- 2 support incidences (per license/month): Multiple phone calls or communications for a single technical support case do not count towards this number.
- Priority support via e-mail: Your support e-mails are prioritized and immediately entered at the front of the support queue. This means your questions are answered much faster.
- Dedicated support alias: We provide our PSA customers with a dedicated support email such as email@example.com to better prioritize your requests.
- Scheduled support: We understand the value of direct communication with our customers. We’re happy to schedule a time to contact you at your convenience via phone or Lync as necessary.
- Upgrade protection: You will be provided access to all minor and major releases, patches, and upgrades while the PSA in in effect.
How do I receive Premium Support?
Most technical support issues can easily be addressed via email. We've put together a useful support form where you can submit your questions to our premium support representatives directly. This form is located at http://www.teamsystemsolutions.com/contact/support.aspx. Using this form guarantees that your problem is addressed as quickly as possible.
If you need answers to your questions as soon as possible, you can call our office during normal business hours and have your questions answered without delay.
How much does Premium Support cost?
- TeamSpec 1 year PSA: $99.00 USD Per License
- TeamLook 1 year PSA: $29.00 USD Per License
How fast will TeamSolutions respond to my issue?
We will respond and actively begin working on the issue in question within 1 business day. Often the response time will be within a few hours.
What are the TeamSolutions business hours?
Normal business hours are Monday – Friday, 9AM to 5 PM, United States Mountain Time excluding recognized United States public holidays.
Are there any exclusions?
TeamSolutions is unable to provide custom coding, compiling, or development outside the scope of publically released fixes and repairs. We are unable to support out dated versions after the latest version is released.
THE USE OF TEAMSOLUTIONS SUPPORT SERVICES ("SUPPORT SERVICES") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS SUPPORT AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM TEAMSOLUTIONS, THE END-USER SERVICES AGREEMENT, THE CLIENT SERVICES AGREEMENT, ALL EXHIBITS THERETO AND ALL RELATED AMENDMENTS. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE SUPPORT AGREEMENT.
SUPPORT SERVICES AGREEMENT
This Premium Support Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, the corporation, partnership, or other legal entity that will be using the TeamSolutions support services ("Support User") and TeamSolutions LLC, a Colorado LLC located at 295 Clayton St, Suite 202, Denver, CO 80206 ("Company"). The use of TeamSolutions support services (the "Support Services") is subject to the terms and conditions of this Agreement and the terms and conditions of the End-User Services Agreement, the Client Services Agreement, and all Exhibits thereto and all related amendments.
1. Fees and Payment.
Support User shall pay the fees for the Support Services as provided in this Agreement and the End-User Services Agreement, the Client Services Agreement, all Exhibits thereto and all related amendments. All fees are due immediately and prior to Company's provision of Support Services. All fees are non-refundable unless termination is requested within fourteen (14) days of signup. Company reserves the right to change rates by notifying Support User by email, to the email address provided in Support User's Control Center account with Company, thirty (30) days prior to the effective date of the change. Support User shall make all payments in U.S. currency.
Unless a written cancellation notice is received, the Company will use the current account billing profile to renew the Support Service at the end of the yearly service.
Company reserves the right to suspend or terminate Support Service if payment is not received within 30 days of PSA acceptance. Such suspension or termination shall not relieve User of the obligation to pay the fees due. Support User agrees to pay to Company Company's reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Company's rights under this Agreement.
a. Each Support User using the PSA is entitled to a maximum of two Support User Requests per month. A "Support User Request" is a telephone call or an email message during business hours.
4. Term; Termination.
a. This Agreement shall commence at 00:00 on the BEGIN DATE, and shall continue in full force and effect until 00:00 on the END DATE, unless and until terminated as provided below.
b. Company reserves the right to terminate this Agreement for any breach of the provisions hereof as determined by Company in its sole discretion. Company shall have no obligation to refund any of Support User's fees due to early termination of the Support Services.
d. Termination or expiration of this Agreement shall not terminate the Client Services Agreement or the End-User Services Agreement.
5. Survival. Sections 6 through and including 13, and, except as otherwise expressly provided herein, any right of action for breach of this Agreement prior to termination, shall survive any termination of this Agreement.
6. Warranty Disclaimer. COMPANY AND ITS THIRD PARTY SUPPLIERS MAKE NO WARRANTIES TO YOU OR ANY PERSON OR ENTITY WITH RESPECT TO ANY INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES PROVIDED OR MADE AVAILABLE BY THEM HEREUNDER, AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, COMPANY AND ITS THIRD PARTY SUPPLIERS DO NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY DATA INFORMATION OR DATA SUPPLIED, AND SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, LOSS OF DATA, OR DELAYS THEREIN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH DATA OR INFORMATION OR FOR ANY DAMAGES WHATSOEVER ARISING IN CONNECTION WITH USE OF THE DATA OR INFORMATION BY SUPPORT USER OR ITS USERS.
7. Compliance with Applicable Law. Support User represents and warrants that Support User's use of the Support Services shall comply with any and all applicable laws, rules, and regulations of any governmental body, agency, or other competent authority.
a. Support User shall defend (or settle, if expressly authorized by Company) at its expense any claim or suit against Company, its affiliates or their officers, directors, employees, contractors, agents, or other representatives arising out of or relating to the use of the Support Services.
b. Support User shall indemnify and hold harmless Company against and from damages, costs, and attorneys' fees, if any, incurred in defending and/or resolving any claim or demand made by any third party due to or arising out of Support User's use of the Support Services.
9. Waiver of Damages; Limited Liability.
a. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL COMPANY BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
b. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $500.
10. Relationship of Parties. The parties hereto expressly understand and agree that each party is an independent contractor in the performance of each and every part of this Agreement, and is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Neither party nor its agents or employees are the representatives of the other party for any purpose, and neither party has the power or authority as agent, employee, or any other capacity to represent, act for, bind, or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. The parties agree that the use of the term "Client" to refer to the customer is not intended to have any legal significance and is merely used as a matter of convenience.
11. Notices. Notices under this Agreement shall be sufficient only if: (i) personally delivered; (ii) delivered by a major commercial rapid delivery courier service; (iii) mailed, postage or charges prepaid, by certified or registered mail, return receipt requested; (iv) successfully mailed electronically; or (v) successfully faxed or emailed to a party at its fax or email address last provided to the other party. If not received sooner, notice by mail shall be deemed received five (5) business days after deposit in the U.S. mails.
12. Amendment. Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other notification to Support User. Support User's continued access or use of the Services shall be deemed its conclusive acceptance of the modified Agreement.
a. Prohibition Against Assignment. Neither this Agreement nor any rights, licenses, or obligations hereunder, may be assigned by Support User, in whole or in part, without the prior written consent of Company. Any attempted assignment in violation of this section will be void and without effect. Subject to the foregoing, this Agreement will benefit and bind the parties' successors and assigns.
b. Applicable Law; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles thereof. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. The sole jurisdiction and venue for any legal actions arising under this Agreement shall be in either the U.S. District Court for City of Denver, Colorado, USA.
c. Entire Agreement. This Agreement, together with all Exhibits, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior discussions, documents, agreements and prior course of dealing.
d. Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
e. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary so that the provision and this Agreement shall otherwise remain in full force and effect and enforceable.
f. Force Majeure. Company shall not be liable, nor in breach of this Agreement, by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, fires, earthquakes, power shortages, acts of God, or any other cause which is beyond the reasonable control of the parties.
h. Third Party Beneficiaries. Company's third party licensors and information providers are intended beneficiaries of this Agreement.
i. Headings. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
THE PERSON ACCEPTING THIS AGREEMENT REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUPPORT USER