Product Support and Maintenance Terms & Conditions

Product Support and Maintenance Terms & Conditions

1. Customer Information Customer site address: As per invoice (unless otherwise agreed) Equipment or Software to be covered: Refer to invoice Contract Type: Commencement Date: Initial Duration: Charge: Standard or Premium support (refer to invoice) Date of Invoice Refer to invoice Refer to invoice 2. Standard Service includes: 1. Access to the Layer47 telephone support desk from Mon Fri. 9.00 am. - 5.00 pm. excluding UK bank holidays. Layer47 will provide immediate call/incident logging and response activity within four working hours. Calls will be accepted from a pre-agreed list of callers. Refer to the Service Levels in Section 8. 2. An email response within 8 working hours from receipt of an email service request. Refer to the Service Levels in Section 8. 3. All parts and labour (please see limitations). 4. Software updates. 5. Any additions or variations to the service provided are specified within Appendix A of this agreement. 3. Premium Service includes: 1. Access to the Layer47 telephone support desk from Mon Fri. 9.00 am. - 5.00 pm. excluding UK bank holidays. Layer47 will provide immediate call/incident logging and response activity within four working hours. Calls will be accepted from a pre-agreed list of callers. 2. Access to the Layer47 out of hours support line. This 24 x 7 Critical Incident Hotline should only be used if there is an operational outage (i.e. severe or total loss of service), subject to the Limitations below. Layer47 will provide immediate call/incident logging and response activity within four hours. Calls will be accepted from a pre-agreed list of callers. Refer to the Service Levels in Section 8. 3. An email response within 4 working hours from receipt of an email service request. Refer to the Service Levels in Section 8. 4. All parts and labour (please see limitations). 5. Software updates. 6. One annual on-site hardware check-up if requested 7. Any additions or variations to the service provided are specified within Appendix A of this agreement. Copyright Layer47 Limited 2010 1

4. Making a call for service. Telephone: 0870 626 2083 Email: support-ticket@layer47.com All calls for service must provide the name of the caller, a contact name if different, email address, phone number and a brief description of the problem. Unless specified otherwise, telephone support calls should be made to the published support telephone number (0870 626 2083) on normal UK business days between the hours of 9.00 a.m. and 5.00 p.m. Please note that an email to support-ticket@layer47.com detailing the support request will still be required to log the call in any case. The out of hours support line (different to that above) will be provided to Premium Service customers on an individual basis. If the problem cannot be resolved by telephone, Layer47 may choose to request that the hardware unit be returned for repair or exchange. The caller will be issued with a returns number and address to which the unit should be sent. The returns number should be quoted in all future correspondence relating to this incident. Layer47 cannot accept the return of any unit without a returns number. Delivery to Layer47 and insurance of the returned unit is the responsibility of the customer. 5. Location This agreement covers the equipment/software specified on the site or sites detailed above. 6. Limitations Exceptions and limitations of cover occur where equipment or software has: 1. Been altered, moved, repaired or modified by the customer or a third party. 2. Been damaged due to building or other environmental site conditions where deterioration has or is taking place. 3. Been damaged by act of God such as lightning strike or flood. 4. Been damaged either intentionally or accidentally. 7. Service Layer47 Limited will provide the necessary resource to ensure that the customer s unit is restored to normal operation as soon as possible. This may include, but not be limited to, the use of over the telephone diagnostics or on-line P.C. support where applicable. Layer47 Limited would expect the basic first line maintenance checks to be made before the support desk is contacted. This should include ensuring that the equipment is switched on and that the power supply for the relevant unit is live. Should calls to the 24 x 7 Critical Incident Hotline not involve operational outage; a fee could be charged per call. Copyright Layer47 Limited 2010 2

8. Service Levels This sets out the times within which Layer47 will aim to provide a Response to a Query. A Query is deemed to be received at the time according to the following table: Level of Support Service Type of Query Standard support Premium support Non-Critical Query by telephone Critical Query by telephone Email n/a In respect of a valid Query received by telephone within Support Hours, from the end of such telephone conversation, or the point in such telephone conversation when all the requirements of the contents of a valid Query are satisfied. Where the telephone call is received outside Support Hours, the Query shall not be deemed to be received until the start of the next period of Support Hours. In respect of a valid Query received by telephone within Support Hours, from the end of such telephone conversation, or the point in such telephone conversation when all the requirements of the contents of a valid Query are satisfied. Where the telephone call is received outside Support Hours, the Query shall not be deemed to be received until the start of the next period of Support Hours. From the end of the telephone conversation, or the point in such telephone conversation when all the requirements of the contents of a valid Query are satisfied. The time of receipt of an email constituting a valid Query at the Layer47 support centre within Support Hours, or at the start of the next period of Support Hours. Response times as defined in Sections 2 and 3 respectively. Layer47 is deemed to have responded to a valid Query when it has acknowledged the Query and provided the Customer with a Response. Layer47 will use its reasonable endeavours to provide a response to a Query within four Support Hours, and within two Support Hours in the case of a Critical Query. 9. Access to Site Should Layer47 choose to attend site following a customer request to do so, it is the customer s responsibility to provide access to the building and specific areas to allow the engineer to rectify the problem. This will also be applicable to remote sites where required. Aborted calls due to lack of access will be charged at current rates. 10. Liability Layer47 Limited will not accept responsibility for any third party or other claims, actions, proceedings, expenses, damages or liabilities, including legal fees, arising in connection with the equipment or software covered under this agreement, except those arising from the negligence of an employee agent or person instructed by Layer47 Limited. No claims against consequential loss will be considered. 11. Force Majeure Neither party shall be liable to the other for failure to or delay in performance of this agreement caused by strikes, wars, terrorism, fires, floods, explosions earthquakes, government regulations, shortages in materials or any cause outside either party s control. The contract will be suspended at that time providing that: o o Either party has notified the other of such an issue in writing. Reasonable endeavours have been used to perform this agreement. Copyright Layer47 Limited 2010 3

If the force Majeure exists for a period of three months or more then either party will have the right to terminate this agreement. Copyright Layer47 Limited 2010 4

12. Duration The duration of the contract will be for twelve months unless stated otherwise above. The commencement date is also shown above. The customer may be given the option to renew this agreement at a rate agreed by both parties 30 days before the expiry of the current agreement. 13. Payment The annual charge for this service is indicated above and is payable in advance of the commencement date of this agreement. Layer47 Limited reserve the right to charge at its current rates, costs and expenses incurred arising from any visits to the customer s premises found not to be due to faults in the equipment. Layer47 Limited will repair or replace hardware equipment at its option. 14. Law This agreement shall be governed and construed by the Laws of England and Wales. 15. General This contract may only be cancelled by giving three months notice in writing by either party. This agreement is not to be assigned or transferred without the prior written consent of Layer47 Limited. 16. Acceptance Purchase of the Layer47 Hardware/Software/Support constitutes acceptance of these terms and conditions. Copyright Layer47 Limited 2010 5

Appendix A Additions and Variations i) Remote Diagnostics With this additional service, Layer47 will have remote access to the appliances to expedite diagnostics. This will involve access via the GUI to the configuration files, log files, support logs, traffic rules, etc. Customer will be responsible for providing access at all times via the Internet for the secure Layer47 VPN using pre-agreed configuration information (e.g. IP addresses, ports, etc.). ii) Advance Hardware Replacement This service option ensures that when Layer47 confirms that a hardware fault has occurred, a replacement unit will be despatched to replace the faulty appliance. Customer will be responsible for returning the faulty appliance to Layer47. iii) Hot Standby This additional service provides a hot standby rental service, where a unit can be rented and stored, powered and connected, in the customer rack. The unit will have the relevant software but without an operational license. If a hardware fault is diagnosed in a production unit, this hot standby unit can be brought into operation to replace the faulty one, which will be returned to Layer47 for repair or replacement. Copyright Layer47 Limited 2010 6

Notices & Disclaimers The information contained within this document is the property of Layer47 Limited (Layer47), is issued in confidence and must not be discussed with or given or communicated to any third party without the prior permission of Layer47 Limited. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise without the express written permission of Layer47 Limited. Any advice given or statements or recommendations made shall not in any circumstances constitute or be deemed to constitute a warranty by Layer47 as to the accuracy of such advice, statements or recommendations. Layer47 shall not be liable for any loss, expense, damage or claim arising out of the advice given or not given or statements made or omitted to be made in connection with this document. Copyright 2007 by Layer47 Limited Copyright Layer47 Limited 2010 7