Your non-refundable payment signifies acceptance of the following terms and conditions:
> You, hereinafter referred to as “Client ”
> Optix Digital Solutions, hereinafter referred to as “Support Provider”
> Software, including web-hosting hereinafter referred to as “Applications”
> Optix Digital Solutions is a division of Embassy Productions Inc.
Subscription plans
Cient accepts that plans are based on spreading blocks of time over the selected term. For example, the 1-year plan means booking 12 hours of support spread out over a 12-month term. This translates into 1 hour per month. Any unused time during any given month is carried forward to the subsequent month until the term expires. Conversely, if more time is required during a given month to complete any tasks, it will consume the prepaid hours purchased. If the allotted hours are exhausted before the end of the term, additional payments will be required.
IMPORTANT: Time is logged in quarter-hour increments, meaning support requests consume a minimum of 15 minutes per request. It is recommended that small requests be grouped together and combined into one request for best value.
Channels available for support
> Email support (Primary)
> Remote assistance (screen sharing, web-conferencing, etc)
> Telephone support (when available)
> Online Chat Widget (when available)
> Planned or emergency assistance (premium rates apply)
Client Requirements:
Client responsibilities in support of engaging Support Provider’s services:
> Payment for all support costs at the agreed interval.
> Client’s reasonable availability when resolving a service-related incident or request.
> Notifying the Support Provider of issues or problems in a timely manner.
> Providing the supplier with access to (where applicable) equipment, software, and services for > the purposes of maintenance, updates, and fault prevention.
> Acknowledgment and acceptance of these terms and conditions.
Maintenance of good communication with the Support Provider at all times.
Support Provider Requirements:
Support Provider responsibilities in support of the Client’s request for services
> Responds to support requests within the time frames listed below.
> Provides appropriate notification to Client for all scheduled maintenance.
> Provides appropriate notification to the Client if service time frames will be interrupted.
> Take steps to escalate and resolve issues in an appropriate, timely manner.
> Maintain good communication with the Client at all times.
Response Times
When the Client submits a support request, the Support Provider agrees to respond in a timely fashion. The Support Provider is deemed to have responded when it has replied to the Client’s initial request. This may be in the form of an email or telephone call, to either make efforts to provide a solution or request further information.
In support of services outlined in these Terms and Conditions, the Support Provider offers a response to service-related incidents and/or requests submitted by the Client within the following time frames:
> 0-8 hours for issues classified as Critical priority.
> 24-48 hours for issues classified as High priority.
> Within 72 hours for issues classified as Normal priority.
> Within 5 working days for issues classified as Low priority.
Severity levels are defined as:
> Critical: Critical functions affected. Items (eg. website) are severely or completely unavailable.
> High: Items or services severely affected and support request requires prompt attention
> Normal: Limited functions affected. The operation process can continue
> Low: Support request not urgent and minimal function affected. The operation process can continue
About Critical or High Responses
Requests for critical and high response times are subject to a premium rate of not less than 2 times standard rates. In some cases, critical and high response times may not be available. (For example, support requests related to 3rd party Applications are subject to their response times.).
If your paid booking is insufficient to cover the premium costs, prepayment is required prior to commencing service requests.
Resolution Times
The Support Provider will always endeavour to resolve problems as swiftly as possible. It recognizes that the Client’s use of the Applications is key to its operations. However, the Support Provider is unable to provide guaranteed resolution times. This is primarily because the nature and causes of problems or configurations can vary enormously. The Client also recognizes that the development, features, functionality, limitations, changes, and enhancements of some of the Applications are beyond the control of the Support Provider.
Exclusions
The Support Provider will do everything possible to address requests or rectify issues in a timely manner. Response times offered for support requests do not apply to:
> Any equipment, software, and services unrelated to the configuration of the Applications
> Any on-premise or external network environment issues. (eg. slow internet connection)
> Problems that have been caused by using equipment, software, or service(s) in a way that is not recommended. (This can include breaking page design layouts)
> If the Client has made changes to the configuration or setup of the Applications.
> If the Client is in breach of these Terms and Conditions
> If the Client fails to make a payment for the service (eg. expired credit card)
> If the Client has prevented the supplier from performing required maintenance and update tasks.
> Malicious activity by the Client’s officers, directors, employees, or vendors.
> The issue has been caused by unsupported equipment, software or other services.
> Any circumstances beyond the Support Providers’ control. (For eg. power failures, floods, caused by Applications, etc)
Indemnification
The Client will indemnify, defend and hold harmless the Support Provider, its officers, directors, employees or vendors from and against any and all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claims by any party regarding (i) the Support Provider’s provision of the Applications noted in this agreement and any other associated application (add-on) that may be employed in the future or (ii) the Client’s use of the Applications and any other associated application (add-on) that may be employed in the future.
Limitation of Liability
In no event shall the Support Provider be held liable for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, of any kind however caused even if the Support Provider knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.
Limitation on Amount of Liability
The Support Provider’s liability under these Terms and Conditions is limited to no more than the value of 1 hour of support service paid (exclusive of Application fees) by the Client to the Support Provider.
Your non-refundable payment signifies acceptance of the preceding terms and conditions
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