Services Excluded from Support. SPARKnit does not have to provide the following Support Services in relation to Incident reported by Customer: 1. Misuse of the Software (which includes any use of the Software that is not in accordance with the relevant Software License); 2. Defects in any hardware, equipment, operating systems, networks, or third-party software; 3. Defects in any Software other than the Software to which this agreement relates; 4. The Software has not been modified, changed, or altered by anyone other than SPARKnit; 5. Software that has not been installed, operated, or maintained in accordance with the Documentation; 6. If Customer requests, and SPARKnit agrees, to correct any defect or issues not covered by this Agreement, Customer will pay SPARKnit for all such work performed at SPARKnit’s then-current standard time and materials charges. Such amount shall be due and payable within thirty (30) days of the applicable SPARKnit invoice date. Notwithstanding anything in this Agreement to the contrary, if SPARKnit determines that Customer requires ongoing help with a particular problem that is not caused by an Error, or that the resolution to such a problem involves customization of the Software, SPARKnit may, at its sole discretion, refer Customer to SPARKnit’s professional services group for assistance, for which SPARKnit requires an additional fee. 7. Customer acknowledges that if a non-supported Incident is submitted, they may be referred to their Partner of record or another authorized SPARKnit Partner. If Customer decides to engage their Partner or another authorized SPARKnit Partner, any costs associated with the resolution of non-supported Incidents will be Customer’s responsibility. 8. If the Defect(s) consider out of scope of this Support, the Customer has the option to purchase Support from SPARKnit or may need to seek assistance from a third-party. 9. Any Version which has reached End of Life. SPARKnit will provide Support to the current Software Release only. SPARKnit Updates, Patches and bug fixes are only effective on the latest release of the Software. For clarity, the latest release of the Software is a release of the Software that has been updated with all the most current Updates and Patches released or made available for such release of the Software. If Customer has not incorporated all available Updates, Patches and bug fixes to the Software, any subsequently released Patches, Updates or bug fixes may not be effective or usable on such Software. 10. Troubleshooting of Microsoft, other any 3rd parties, or open standards such as XML, HTML/CSS, SharePoint, BizTalk, Active Directory, middleware, SQL queries, database connectivity, or Java scripts; and Custom solutions or actions.
Appears in 1 contract
Services Excluded from Support. SPARKnit does not have to provide the following Support Services in relation to Incident reported by Customer:
1. Misuse of the Software (which includes any use of the Software that is not in accordance with the relevant Software License);
2. Defects in any hardware, equipment, operating systems, networks, or third-party software;
3. Defects in any Software other than the Software to which this agreement relates;
4. The Software has not been modified, changed, or altered by anyone other than SPARKnit;
5. Software that has not been installed, operated, or maintained in accordance with the Documentation;
6. If Customer requests, and SPARKnit agrees, to correct any defect or issues not covered by this Agreement, Customer will pay SPARKnit for all such work performed at SPARKnit’s then-current standard time and materials charges. Such amount shall be due and payable within thirty (30) days of the applicable SPARKnit invoice date. Notwithstanding anything in this Agreement to the contrary, if SPARKnit determines that Customer requires ongoing help with a particular problem that is not caused by an Error, or that the resolution to such a problem involves customization of the Software, SPARKnit may, at its sole discretion, refer Customer to SPARKnit’s professional services group for assistance, for which SPARKnit requires an additional fee.
7. Customer acknowledges that if a non-supported Incident is submitted, they may be referred to their Partner of record or another authorized SPARKnit Partner. If Customer decides to engage their Partner or another authorized SPARKnit Partner, any costs associated with the resolution of non-supported Incidents will be Customer’s responsibility.
8. If the Defect(s) consider out of scope of this Support, the Customer has the option to purchase Support from SPARKnit or may need to seek assistance from a third-party.
9. Any Version which has reached End of Life. SPARKnit will provide Support to the current Software Release only. SPARKnit Updates, Patches and bug fixes are only effective on the latest release of the Software. For clarity, the latest release of the Software is a release of the Software that has been updated with all the most current Updates and Patches released or made available for such release of the Software. If Customer has not incorporated all available Updates, Patches and bug fixes to the Software, any subsequently released Patches, Updates or bug fixes may not be effective or usable on such Software.
10. Troubleshooting of Microsoft, other any 3rd parties, or open standards such as XML, HTML/CSS, SharePoint, BizTalk, Active Directory, middleware, SQL queries, database connectivity, or Java scripts; and and
11. Custom solutions or actions.
Appears in 1 contract