General: These Terms and Conditions set forth the terms and conditions that apply to your use of the FieldConnect, Inc. Support Plan (“Plan”).
Support Availability: FieldConnect maintains standard support hours between 8:00am – 5:00pm Monday to Friday, Pacific Time excluding all public holidays. Support availability may occasionally deviate from published hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond FieldConnect’s control.
Telephone Support: FieldConnect provides a telephone line to respond to support requests. The support telephone line is staffed during the hours of 8:00am-5:00pm PT Monday to Friday, excluding all public holidays. The phone number is 949.428.1540.
Email Support: FieldConnect provides email support between 8:00am-5:00pm PT Monday to Friday, excluding all public holidays. The email address is firstname.lastname@example.org.
After Hours Support: All voicemails and emails submitted after daily business hours or on weekends or holidays will receive a response during the next normal business day.
Support Incidents: An “incident” is (a) a single request, issue, or problem that a customer asks a support representative to analyze or resolve or (b) a product or ERP usage question involving a single topic. Only employees and affiliates of Customers with administrative access to the FieldConnect applications are eligible to submit tickets. It is expected that end users of the software (for example, field technicians) would submit their requests to administrators who would then communicate that to FieldConnect in the form of an incident. Customers who do not have a current support contract with FieldConnect will not be eligible to receive support for any incidents.
Response Time Target: For the purpose of response times, incidents are broken down into two categories, Critical and Standard. Critical incidents (P1) refer to times when you are unable to conduct business and need immediate assistance. Let us know that you need critical assistance, and P1 incidents are addressed before any other lower priority requests for support. Standard incidents (P2-P5) refer to times when you need assistance on how to perform business functions within FieldConnect’s software. Standard incidents are triaged and prioritized based on their priority level per the chart below.
|P1 – System failure / work stoppage||Application or key functionality is non-operational and customer has loss of productivity|
|P2 – Data loss/failure/corruption||Transactions are incomplete or corrupt, or transactions are incorrect leading to loss of business-critical data tracking.|
|P3 – Loss of functionality||Customer is unable to use some or all of a particular functionality and there is no workaround available so product is not adequately addressing their business needs.|
|P4 – Loss of functionality with workaround||Customer is unable to use some or all of a particular functionality but there is a short-term workaround available.|
|P5 – Request||Customer requesting additional functionality, assistance with product setup and administration, general inquiries|
FieldConnect will attempt to respond to critical incidents submitted under a Support Plan within 4 normal business hours. If a solution cannot be provided immediately, FieldConnect will provide ongoing communication of the analysis of the issue and what attempts are being made to resolve it. We will attempt to respond to all standard incidents within 1 business day subject to variations due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond FieldConnect’s control. This section shall not be deemed a representation or warranty on FieldConnect’s behalf regarding the time within which a resolution, if any, may be available for any particular incident. No remedy is available for FieldConnect’s failure to meet the published response time target.
Support Topic Limitations: Inquiries are limited to the following areas: installation, updates and the standard functionality of FieldConnect’s products. FieldConnect will also assist Plan members with basic connectivity troubleshooting only to the extent necessary to confirm whether such issues relate to software within FieldConnect’s control. However, FieldConnect shall not be responsible for connectivity issues caused by third-party services, service providers, hardware or software. The Plan does not cover inquiries on business practices, nor does it include application consulting or user training.
Covered Items: Our product support plan covers any material defects in our supported applications. FieldConnect may or may not provide software updates.
Term and Reinstatement: The Term of this agreement shall be for a period detailed on your purchase agreement, commencing on the date of that Agreement. The Term of this Agreement may be renewed for additional periods following the initial period by payment in full to FieldConnect, for a Service Contract renewal. Renewal date is anniversary date of the original contract. While FieldConnect makes effort to send renewal invoices, it is the responsibility of the Plan member to request renewal within 30 days of the expiration of your Plan.
Should coverage be allowed to lapse at any time, reinstatement fees are added to the cost of a plan to restore coverage as follows:
|Reinstatement of a plan expired for less than 30 days from Plan anniversary date||Full cost of annual plan plus the greater of 5% of the cost of the plan or $500 USD.|
|Reinstatement of a plan expired more than 30 days, but less than 121 days from Plan anniversary date||Full cost of annual plan plus the greater of 10% of the cost of the plan or $1000 USD.|
|Reinstatement of a plan expired for more than 120 days from Plan anniversary date||Full cost of periods in arrears of annual plan plus 50% of the cost of an annual plan.|
Plans will be reinstated with the original anniversary date and no credit for the lapse period will be provided.
FieldConnect reserves the right to accept payment and extend the contract, or to refuse payment in which case the contract will lapse. FieldConnect may also limit or terminate support service to, or may elect not to renew the membership of, any Plan member who uses the service in an irregular, excessive, abusive or fraudulent manner. If FieldConnect chooses not to renew a Plan on the basis of excessive usage, such determination shall not be deemed to preclude customer from purchasing support on a pay-as-you-go basis at FieldConnect’s sole discretion. The Plan membership is non-transferable.
Additional licenses: From time to time, you may desire to purchase additional products from FieldConnect. In that event, you will be charged the full cost of a plan for the products being purchased. The renewal date will remain unchanged from the original plan, and a pro-rated credit for any partial usage of the supplemental purchase will be applied at the renewal billing
Changes to Plan: FieldConnect has the right to change or add to the terms of the Plan at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Plan upon notice by any means FieldConnect determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Plan or on any FieldConnect sponsored web site.
Refund Policy: FieldConnect does not offer refunds for support plan purchases, including partial annual usage.
Supported Products: Support is available for currently available versions of FieldConnect’s software. As new versions of software become available, some customers may be required to upgrade at additional cost to a supported version to receive support under the Plan. Support availability for any particular version of FieldConnect’s software is subject to change at any time without notice.
Remote Support: Initial support will be provided in part by directing Customer in the use and configuration of the products to resolve the issue. If this proves insufficient to resolve the support request, FieldConnect personnel will access the Customers system remotely and provide technical assistance via an RDP (or similar) connection to the
March 3, 2017
server housing the software. Plan members are explicitly giving permission to FieldConnect to access its systems as part of Plan membership, and are required to maintain current access information and credentials with FieldConnect at all times.
Disclaimer of Warranties: THE SUPPORT SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELDCONNECT, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLAN, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT.
Limitation of Liability: THE ENTIRE LIABILITY OF FIELDCONNECT AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PLAN DURING THE TERM IN WHICH ANY CLAIM ARISES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELDCONNECT AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF FIELDCONNECT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES FIELDCONNECT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN THE VERIFIED PLAN MEMBER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIELDCONNECT AND YOU. FIELDCONNECT WOULD NOT BE ABLE TO HAVE PROVIDED THE SUPPORT SERVICES WITHOUT SUCH LIMITATIONS.
Software License: Your use of FieldConnect software is covered under a separate End User License Agreement (“EULA”). Nothing in this document modifies, alters or amends any term or condition of the EULA. If there is any conflict between this document and the EULA, then the EULA shall control in all cases.
Miscellaneous. This Agreement (and any additional terms and conditions with which FieldConnect supplements this agreement) is a complete statement of the agreement between you and FieldConnect, and sets forth the entire liability of FieldConnect and its Suppliers and your exclusive remedy with respect to the Plan. The suppliers, agents, employees, distributors, and dealers of FieldConnect are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on FieldConnect. Any waiver of the terms herein by FieldConnect must be in a writing signed by an authorized officer of FieldConnect and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement shall be governed in all aspects, including validity, interpretation and effect, by the internal laws of the United States and the State of California. Any action or proceeding brought by either party against the other arising out of correlated to this Agreement shall be brought in a court of competent jurisdiction located in the State of California, County of Orange, United States of America, and each party hereby submits to the in personam jurisdiction of such courts for purposes of any such action or proceeding. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.