Terms and Conditions

1. Subject of the Reglament
2. Scope and Conditions of Technical Support
3. Update of the Software Product
4. Technical Support
5. Installation of the Software Product to the Server
6. Additional Works and Services
7. Configuring and Debugging of the Software Products
8. Use of the Software Products to Solve Applied Tasks

1. Subject of the Reglament

1.1. This Reglament determines the procedure and conditions of technical support of the Software Products and regulates the relations between ISPsystem and the User of the Software Product.

1.2. Provisions hereof dealing with relations between the User and a Partner of ISPsystem (the Partner) are of information nature: relations between the User and the Partner are governed by an agreement entered into between them.

1.3. This Reglament makes part of an offer of ISPsystem, the other part of which – a proposal for making a license agreement granting the right to use the Software Product – is also placed on the Web-site of ISPsystem at /en/software/terms_of_licensing/.

2. Scope and Conditions of Technical Support

2.1. Technical support of the Software Product includes:

• debugging of the Software Product in order to eliminate detected errors, broaden the functionality of the Software Product, etc. resulting in release of updates of the Software Product;
• ensuring technical conditions for downloading of the released updates by users of the Software Product;
• technical Support of the User (consulting with respect to installation, customization and use of the Software Product);
• installation of the Software Product to the server;
• additional works and services.

2.2. Depending on the method of license ordering by the User directly from ISPsystem or through the Partner the scope and the conditions of technical support of the Software Product may vary.

2.3. Scope and conditions of technical support when ordering a license directly from ISPsystem

In all cases when a license is ordered by the User directly from ISPsystem without participation of the Partner technical support of the Software Product is rendered in full scope (additional works and services are paid for separately) and all works and services specified herein are executed (rendered) by ISPsystem specialists.

2.4. Scope and conditions of technical support when ordering a license through the Partner

2.4.1. When a license is ordered through the Partner the scope and conditions of the User technical support (consulting with respect to installation, customization and use of the Software product), installation of the Software Product to the server, additional works and services are determined by an agreement between the User and the Partner.

2.4.2. "STANDARD" and "PARTNER" licenses

Partners are entitled to order both “standard” licenses with full technical support of the Software Product by ISPsystem specialists and so called “partner” licenses with restricted technical support.

"STANDARD" licenses

When a “standard” license is ordered the User technical support and installation of the Software Product to the server is performed by ISPsystem specialists without additional fees as if the license is ordered directly from ISPsystem.

"PARTNER" licenses

When a “partner” license is ordered ISPsystem does not perform the User technical support and installation of the Software Product to the server. The User technical support and installation of the Software Product to the server may be performed by the Partner's specialists on terms specified in the agreement between the User and the Partner.

2.4.3. Under the agreement entered into by the User and the Partner the latter may execute additional works and render additional services dealing with technical support of the Software Product, including those uncovered hereby.

2.4.4. Within partner cooperation ISPsystem consults the Partner's specialists regarding installation, customization and use of the Software Product but it is not liable to the User for the quality of works and services dealing with technical support of the Software Product executed (rendered) by the Partner to the User, for contents of reference materials provided by the Partner to the User and for any other actions of the Partner and information provided by it.

3. Update of the Software Products

3.1. ISPsystem regularly releases Software Products updates, installation of which enables to eliminate the detected faults of the Software Products operation, broaden their functionality, etc.

3.2. Loading and installation of Software Products updates is performed automatically provided the server, on which a corresponding copy of the Software Product is installed, is connected to the information and telecommunication network of Internet, has public IP address and a valid Activation Key (an Activation Key the validity term of which has not expired as of the moment of the Software Product update).

3.3. Updates are available for loading during the whole period of the Software Product use chosen by the User when ordering the license.

3.4. Access to the updates shall be provided regardless of the type of license and method of its ordering.

3.5. No fee is charged for access to updates.

3.6. ISPsystem guarantees that it will make every reasonable and commercially justified effort aimed at the elimination of the detected faults of the Software Products operation and the results of the modifications made will be available for download in the form of updates and patches. Nevertheless ISPsystem shall undertake no personal obligations to the User referred to elimination of faults detected by the User in the Software Product that he uses or intends to use.

4. Technical Support

4.1. Technical support of the Software Product User is consulting of the User with respect to installation, customization and use of the Software Product for solution of certain applied tasks.

4.2. The User Technical support does not include troubleshooting of the server, on which a copy of the Software Product is installed, including failures that in the User's opinion are caused by incorrect functioning of the Software Product.

4.3. The User Technical support is performed by ISPsystem specialists when ordering a license directly from ISPsystem or when ordering a “standard” license through the Partner (if a “partner” license is ordered the User technical support is provided by the Partner's specialists or the Software Product is provided to the User without technical support depending on the terms of the agreement between the User and the Partner).

Before ordering a license through the Partner ISPsystem insistently advises to clear up the issues dealing with the technical support by reading respective information placed on the Web-site of the Partner and, if necessary, contact a representative of the Partner for explanations.

4.4. The User Technical support provided by ISPsystem specialists is rendered during the whole period of the Software Product use chosen by the User when ordering the license, but for ordering of so-called "everlasting" license.

If an everlasting license is ordered technical support is rendered during the first three (3) months of the Software Product use. For the purposes of this clause the beginning of the Software Product use is downloading of the first of Activation Keys, but for the Activation Keys provided when ordering a “trial license” (if ordering an everlasting license was preceded by ordering a “trial license”).

4.5. In case the “trial license” has been ordered directly from ISPsystem the User technical support is provided by ISPsystem specialists during the whole period of the allowed free use of the Software Product (during the whole period of “trial license”) but within this period the User will have an opportunity to consult on the issues of installation, set up and use of the Software Product it has chosen for which it has ordered the “trial license” not more than ten (10) times with the total time of consulting not more than three (3) hours. The re-appeal for help on an issue that had already been discussed will be accounted for as a separate appeal.

4.6. When technical support of the User is performed by ISPsystem specialists consulting services regarding installation, customization and use of the Software Product are rendered without additional fee.

4.7. Irrespective of the type of license and method of its ordering the User is also able to address ISPsystem specialists by means of forum placed on the web-site of ISPsystem at http://forum.ispsystem.com/en/index.php.

ISPsystem guarantees that all questions placed at that forum will be considered and studied by ISPsystem specialists, but it makes no personal commitments to the User to provide consultations with respect to questions asked at the forum.

5. Installation of the Software Product to the Server

5.1. When a license is ordered directly from ISPsystem or a “standard” license is ordered through the Partner ISPsystem specialists may install the Software Product to the server.

When a “partner” license is ordered through the Partner ISPsystem specialists do not install the Software Product to the server, but such installation may be performed by the Partner's specialists subject to the agreement signed with the User.

5.2. To enable ISPsystem specialists to install the Software Product to the server the User shall specify the root password for access to the server. The User shall also refrain from any actions that can interfere with execution of these works, and if necessary render the required assistance to ISPsystem specialists.

5.3. Simultaneously with the Software Product installation to the server performed by ISPsystem specialists the necessary application software is installed: Apache, php, etc. The application software is installed only if it is necessary for functioning of the Software Product and if it is present in the repository of batches of the operating system installed on the server. If there are alternatives the choice of the software to be installed on the server is performed by ISPsystem specialists at their discretion.

5.4. If installation of the Software Product to the server is performed by ISPsystem specialists these works are not additionally paid for, except the cases when installation of the Software Product requires execution of works referred to as additional paid works in accordance with Section 6 hereof.

5.5. If the Software Product shall be installed to a server with preinstalled application software ISPsystem is entitled at its option either to demand that this work should be paid for in accordance with tariffs determined by c. 6.4.1 hereof or to refuse to execute this work without compensation of possible losses.

6. Additional Works and Services

6.1. Additional works and services include:

• installation of the Software Product to the server with preinstalled application software;
• installation of application software necessary for functioning of the Software Product, but absent in the repository of batches of the operating system installed on the server;
• installation of application software chosen by the User himself, including additional software that is not necessary for functioning of the Software Product, but the installation of which was also requested by the User;
• customization of the Software Product and software installed on the server for solution of tasks specified by the User;
• troubleshooting of the server, on which a copy of the Software Product is installed, and elimination of the detected reasons of incorrect server operation;
• full server administration:
  • update of software installed on the server;
  • round-the-clock monitoring of the server operation and quick elimination of possible failures and other problems dealing with the server functioning;
  • installation and customization of server software specified by the Customer;
• other works and services dealing with installation of the software and configuring the server.

6.2. Execution of additional works and rendering additional services is performed upon the User's request and paid for separately in accordance with determined tariffs.

6.3. When ordering additional works and (or) services the User shall specify the root password for access to the server. The User shall also refrain from any actions that can interfere with execution of these works (rendering services) and if necessary render the required assistance to ISPsystem specialists.

6.4. Payment for additional works and services

6.4.1. Additional works and service are paid for at the rate of twenty (20) euro (in rubles acc. to RF CB exchange rate for the date of payment) per working hour of every ISPsystem specialist (except full administration of the server). Works and (or) services requiring less than 30 minutes are paid for as works (services) requiring 30 minutes (ten (10) euro in rubles acc. to RF CB exchange rate for the date of payment).

6.4.2. Full server administration is performed under a separate agreement and is paid for on the basis of mixed payment scheme: The User makes a subscriber payment corresponding to the scope of works and services agreed upon by the Parties, and if this scope is exceeded the User pays additionally for extra works and services under the specified tariffs.

6.4.3. When ordering services dealing with troubleshooting of the server, on which a copy of the Software Product is installed, the User is provided with a report on results of troubleshooting, containing conclusion about the detected errors (or absence thereof), possible reasons of them and recommendations with respect to elimination of these errors. Elimination of errors in the server operation by ISPsystem specialists is performed upon request of the User and paid for separately.

6.4.4. If the Software Product was installed to the server by ISPsystem specialists and server troubleshooting performed by ISPsystem specialists shows that the reason of errors is incorrect or incomplete installation of the Software Product troubleshooting services are not subject to payment and the detected errors are eliminated by ISPsystem at its own expense.

6.4.5. If server troubleshooting performed by ISPsystem specialists shows that the reason of failures is errors or other defects in the Software Product code the troubleshooting services are also not subject to payment. In this case elimination of the detected errors and (or) defects is performed by ISPsystem on a common basis within release of subsequent updates of the Software Product.

7. Configuring and Debugging of the Software Products

7.1. The Partner, the User as well as any other person are entitled to perform developments aimed at broadening the functionality of the Software Products, alteration of their design, etc. by development of independent and separately distributed (made publicly available, etc.) elements, such as plug-in, theme, etc.

7.2. Modification of the Software Products and further distribution (making publicly available, etc.) of software derived from the Software Products is permitted only upon consent of ISPsystem.

8. Use of the Software Products to Solve Applied Tasks

8.1. Taking into consideration the fact that the functionality of the Software Products enables to perform a wide range of operations dealing with server configuring some of which can result in failures in the server operation ISPsystem insistently advises to read the accompanying documentation provided with the Software Products before using them and if there are any problems contact ISPsystem specialist for help or contact the Partner's specialists, if a “partner” license is ordered and the Partner has technical support commitments undertaken on the basis of an agreement with the User.