1. SUPPORT RULES
    of Ispmanager software products

 

The given rules shall determine general terms and conditions of support of Ispmanager software products.

If a license agreement or any other agreement refers to the given Rules, it shall be applied as if it was an integral part of such a document, unless other specific terms have been agreed by the parties.

 

1. TERMS AND DEFINITIONS

1.1. Ispmanager – Ispmanager LTD.

1.2. User – a person or a legal body that signed the Ispmanager license agreement granting non-exclusive rights to use Software products.

Software product – a program(s) for computers which exclusive rights or rights to distribute are owned by Ispmanager, including SaaS Software products i.e. programs for computers installed on Ispmanager servers which shall be used only by interacting with their functionality.

1.4. Account area - a non-public section of the my.Ispmanager.com website used to order Ispmanager Services, manage licenses, pay, or conduct other actions related to its functionality. Ispmanager account area may only be accessed with the use of a username and a password identifying a User.

1.5. Support center - a section of the Account area or a specific section of the SaaS Software product where Support is provided.

1.6. Business day – days from Monday through Friday, except for certain public holidays specified by the applicable law.

1.7. Business hours – 24/7/365 permanently for advisory support, for technical support- a time period from 01:00 to 19:00 (GMT) of any business day

1.8. Incident – an interruption of Software product operation which was not preliminary planned by Ispmanager and which solution is not present in the documentation.

1.9. Ticket request - a request created by the User for Ispmanager, based on an Incident or without any Incident if a consultation is needed.

1.10. Request priority – is classification of Ticket requests based on their content which shall determine their order of priority.

1.11. Ispmanager service – an additional service available for order in the Account area e.g. an SSL certificate.

1.12. Support team – a group of Ispmanager specialists providing support that does not require programming skills or change in the logic of Software products.

1.13. Product team – a group of ISPmanager specialists taking part in Development of Software products.

1.14. Website – Ispmanager website available at at www.Ispmanager.com.

1.15. Any other terms and definitions shall be understood in a meaning determined by the License agreement and its appendices. If such terms and definitions have not been determined, they shall be understood in their general meaning.

 

2. SUBJECT OF THE ORDER

2.1. In accordance with the given Rules, Ispmanager provides the User with support on questions related to installation, configuration, adaptation, and usage of Software products (hereinafter – Support) in a volume determined by the given Rules.

2.2. Depending on the Software product and terms and conditions of the license agreement of the Software product, Support may be provided for a fee as well as on additional terms published on the Ispmanager Website.

Support on questions specified in the given Rules shall be provided without any additional fee, unless other terms and conditions are published on the Ispmanager Website.

2.3. By sending a Ticket request, the User confirms that he/she read the Rules version actual at the moment of when the Ticket request was created, as well as additional terms and conditions of Support service, including its price (if it is determined), published on the Ispmanager Website.

2.4. Special Support terms and conditions may be applied by additional agreements signed by the User and Ispmanager in a written form.

 

3. GENERAL PROVISIONS

3.1. Support is provided in the Support center, unless the given Rules also include phone support.

3.2. The User’s equipment used to install and configure Software products shall be actively connected to the Internet and accessible for network connection from the Ispmanager place of residence via the SSH protocol. Any expenses related to such connection, including traffic, shall be incurred by the User at its own cost.

3.3. Support shall be provided on the following Software products:

- Software products with standard configuration, or with configurations made by Ispmanager. Support shall not be provided for the Software products which were configured by the User or other parties with or without its privity;

- Software products of versions with the latest supported stable or beta updates;

- Software products having active licenses.

3.4. Ispmanager provides the following types of Support:

- Advisory support as it is determined by section 4 of the given Rules;

- Technical support as it is determined by section 5 of the given Rules.

3.5. Support shall be provided to Users (named Licensee) that received their rights to use the Software products from Ispmanager (not from any other persons). All Ticket requests shall be sent solely by the Licensee.

 

4. ADVISORY SUPPORT

4.1. Advisory support is Support unrelated to solution of Incidents and provided on general questions of configuration and operation of Software products, such as the following:

- assistance in choosing Software products, consultation on their features, initial settings, installation, activation, integration, and operation;

- assistance in ordering, prolongation, and payment of Software products and Ispmanager Services;

- resolution of issues related to activation and change of an IP address of the license;

- help with general questions related to usage of the Account area and restoration of access to it;

- consultation on features related to third party software which interacts with or takes part in operation of Software products, as well as general guidelines on configuration and integration;

- answers on financial questions.

4.2. Advisory support is not related to Incidents and does not require any technical actions. If Advisory support requires to get technical specialists involved, or specific technical actions organized, such as study of log files, connection to a server, etc., Ispmanager shall have the right to register a new Ticket to Technical support per agreement with the User. In such a case, the Ticket shall be reviewed as it is required by the rules fixed for Technical support Tickets.

4.3. Advisory support shall be provided for all Software products.

4.4. Advisory support may be provided via the phone.

 

5. TECHNICAL SUPPORT

5.1. Technical support is Support related to Incidents and/or requiring involvement of the Product team.

The volume, terms, and content of Support may differ depending on the Software product.

5.2. Technical support shall be provided on questions and issues determined in Annex 1 to the given Rules.

5.3. Review of Tickets on questions and issues not specified in Annex 1 shall be provided at no cost or for an additional fee at the Ispmanager discretion. Such Tickets shall be reviewed within the terms determined individually by Ispmanager.

 

6. PRIORITY OF INCIDENTS

6.1. Ispmanager shall give a certain priority level to every Ticket sent over the Support center, depending on its content:

6.2. The criteria for Priority level definition are as follows:

Priority level

The criteria for Priority

Examples of Tickets

Critical

Software product completely unavailable. Unavailable main critical functions. The business is dysfunctional.

Main services of Software product are dysfunctional and connected other services are dysfunctional too

High

Moderate impact on business processes. Software product working and и performs the main task. Observed errors in critical functional of Software product. Part of business process are unavailable

Part of services are dysfunctional. Issues related to fine-tuning of services and impacted on business processes

Medium

No impact on business processes.

Consultation or help with tuning of Software product. Financial questions.Issues not impacted on functions of Software product or have other solution.Questions about trial usage of Software product.

Low

No impact on business processes.

Tickets about new functional and other questions. Tickets related to Software product on EOL stage.

 

6.3. All Tickets shall be reviewed on a first-come basis. Ispmanager shall change the order of the Tickets on a basis of their Priority at its own discretion.

Ispmanager shall take the commercial-based measures to review the tickets within the quickest time period possible, taking into account their order and Priorities. At the same time, Ispmanager shall not provide any evident or implied guarantees regarding terms and timeliness of Ticket review, unless otherwise agreed by the User and Ispmanager.

 

7. GENERATION AND CONSIDERATION OF INCIDENTS

7.1. Ticket shall be sent to the Support center. It shall contain a full description of the question or issue, faulty operation of Software products and its consequences with attachment of screenshots, error reports, description of sequence of actions, and other information allowing to assign a Priority and resolve the Ticket.

Once requested, the User shall provide access to Ispmanager via the SSH protocol to the server(s) where the Software product is installed if such an access is required to review the Ticket. If access has not been granted, Ispmanager may not review the Ticket, or review it out of the terms required (if such terms have been agreed).

One Ticket shall be dedicated to only one issue or question.

Time of Ticket review shall be counted from the moment of the first message of the User. If the Ticket does not contain information required to review it, the time of review shall be started from the moment of when such information has been provided.

Priority level

Maximum review time of Ticket

Critical

1 hour in Business hours

High

2 hours in Business hours

Medium

4 hours in Business hours

Low

8 hours in Business hours

7.2. Ispmanager has the right to divide one Ticket into a few Tickets or unify a few Tickets and review them together at its sole discretion to provide the best solution of the Ticket. The unified/divided Tickets may have different Priorities.

.7.2.1. If Tickets have been divided or unified, their time of review shall be based on time of creation of the latest of the Tickets that have been divided or unified.

7.3. Ispmanager has the right to ask the User for details on the Ticket, schedule certain operations, request additional information and resources required to resolve the Ticket, including but not limited to access to servers, space for backups, or a testing stand (hereinafter – Information/resources).

7.4. Every new Ticket shall receive the Medium priority per default. The User shall suggest to set a different priority for the ticket and explain the reasons for it. The Priority may be changed by Ispmanager at its sole discretion after Ispmanager has analyzed the Ticket in view of the criteria stipulated by the given Rules.

7.5. The User shall suspend or withdraw the Ticket at its sole discretion. In case of Ticket suspension, its time of review shall be restarted after it has been restored.

The User shall take independent measures to eliminate the Incident before filing a Request. If the measures taken by the User did not lead to elimination and they directly or indirectly affect the resolution of the Incident, as the Ticket had been created, then the term for consideration of the subsequently filed the Ticket (if any) is not applicable.

If in process of reviewing the Ticket the User without agreement with Ispmanager take any measures to resolution of the Incident and they directly or indirectly affect on this, then the term for consideration of the subsequently filed the Ticket (if any) is not applicable.

7.6. Time of Ticket review shall be increased proportionally in the following cases:

- Information/resources were requested - until such Information/resources are provided;

- feedback from a third party developer or manufacturer is required if the Ticket is related to third party products, services, or equipment - until such feedback is received;

- it is impossible to precisely determine the cause of an error, look for the error, or solutions proposed do not work – until the error or solution is found;

- it is required to schedule specific time for certain operations related to the Ticket with the User - until the scheduled time starts.

7.7. Ispmanager shall close the Ticket without the solution provided in the following cases:

- it is impossible to reproduce configuration of the Software product or equipment described in the Ticket, or there is no technical possibility to resolve the Ticket due to incompatibility of server settings or other possible reasons;

- the User has not provided Information/resources required to resolve the Ticket within 72 hours since it was requested;

- the User or other parties made changes to the Software product, unless such changes are allowed by functionality of the product;

- the Ticket is out of topics or issues that Support provided per these Rules can handle;

- the Ticket was created incorrectly, its review cannot be provided in a constructive, respectful way by the User, or he has systematically provided Information/resources with delays;

- solutions or answers to the Ticket have already been provided earlier.

- there are no more Tickets available to use if Support service is provided for a fee;

- Software products are used in ways that are not supported by the documentation, system requirements, or applicable standards, norms, and rules;

- the User commits specific intentional actions aimed to increase the priority of the Ticket.

- Software product is used on server(s) with content that not required with applicable law or moral and ethical standards. Ispmanager has the discretion to determine the acceptability of server(s) content for Support rendering.

7.8. After the Ticket has been closed, the Ispmanager shall provide the User with a notification about it. If the User has not provided any complaints within three (3) days since such a notification was sent, the Ticket shall be deemed closed without complaints. The time of Ticket closing shall be the moment of when the notification was sent to the User.

All User’s complaints shall be reasoned as described in Para. 7.1 of the given Rules.

In view of the fact that the User shall be the one providing access to the User’s server for Ispmanager Support, the User shall disable this access on its own after the Ticket is closed or earlier if access to Support team is not required anymore, and change the corresponding password if root access has been provided.

7.9. If an error in the Software product has been found as a result of Ticket review, this error shall be added to the roadmap and fixed in one of the following major or minor versions of the Software product at Ispmanager’s discretion. The Ticket shall be closed since the error has been identified.

 

8. LIABILITY OF THE PARTIES

8.1. Ispmanager shall not provide any evident or implied guarantees resulting from Support, and it shall not guarantee that all the goals of the User would be achieved, as well as it shall not compensate for any real damage or loss profit. If for any reason such a denial of liability would not be applicable, Ispmanager’s liability shall be limited and shall not exceed fifty percent of the license fee for one month for the Software product to be claimed.

8.2. Ispmanager shall not be liable for impossibility to execute its obligations due to the following facts:

- the User has not executed its obligations determined by the given Rules, a license agreement, or performed actions that don’t correlate with documentation or other applicable standards and rules;

- there is no answer from a third party developer or vendor if a request is related to third party software products, services, or equipment;

- force majeure, such as power outages or network breaks on any side.

8.3. Ispmanager shall not be liable for quality or performance of information and resources provided by the Licensee, including but not limited to liability for backup copies and data.

8.4. If any terms and conditions of the given Rules are violated, rights are abused, or other unfair actions are performed, Ispmanager has the right to decline providing Support and restrict access to the Support center temporarily or permanently.

8.5. Ispmanager does not take any responsibility in case of applying measures to eliminate the Incident, which, under certain circumstances, were detected and delayed to eliminate it, but due to the special and / or complex condition of the User's platform on which the Software Product is installed, applied to an unexpected or improper result.

 

9. EXCLUSIVE EDIT RIGHTS

9.1. Ispmanager shall be the owner of the right to edit Software products or documentation created based on Tickets. Their usage by the User shall be governed by the current license agreement unless otherwise agreed by the parties.

9.2. Ideas, suggestions, advice, and other information received from Ispmanager and related to the User’s Ticket shall be owned by Ispmanager.

 

10. OTHER PROVISIONS

10.1. The Parties hereby agree that exchange of all documents and other legal messages shall be performed in the Support center. Such documents and messages shall be deemed performed in a simple written form.

10.2. The given Rules shall be executed and understood in accordance with the legislation of Ispmanager place of residence.

10.3. Ispmanager shall have the right to edit the given Rules unilaterally at any moment. Ispmanager shall publish a new edition of the Rules on the Website at least 10 (ten) days before the new edition comes into legal force.

The User shall take all measures to check for new editions of the given Rules.

10.4. Support shall be provided at Ispmanager discretion. Ispmanager has the right to stop providing Support at its own discretion, for all or certain Software products, or delimit questions sent to Support, add additional terms and conditions, including for a fee in any form.

 


Annex #1 to Support rules of Ispmanager software products

 

1. SCOPE OF WORK OF TECHNICAL SUPPORT

 

1.1. Technical support includes Tickets on questions and issues described in this Annex:

 

Questions and issues

1. Transferring of Software products and data between servers;

2. Transferring data between products of different versions;

3. Transferring data between servers when migrating from third-party control panels;

4. Confirmation of errors in operation of Software products and proposition of temporary solutions if such solutions are feasible;

5. Search for issues affecting operation of Software products, which are related to the modified configuration files of third party software, interact with Software products and are required for operation of Software products. Search for conflicts of interaction with such software;

6. Search for additional factors affecting stable operation of Software products on the existing infrastructure of the User;

7. Help with installation of SSL certificates in Software products;

8. Installation of third party software and modules available from the Software product;

9. Assistance in setting up integration and diagnosing problems when using third party modules integrated with the Software Product;

10. General advices about development of plugins for Software products, in case if such advices are not related to checking of the code or training and do not require providing examples of implementation of such plugins in certain programming languages.

 

2. LIMITATIONS

2.1. Technical support shall not be provided for Tickets on the following questions and issues:

2.1.1. Searching for errors in scripts, plugins, and/or SQL requests of the User and resolution of such errors;

2.1.2. Training, including but not limited to basic principles of operation of Linux, FreeBSD, or Windows and other operating systems, basics of network configuration, and operation of network interfaces;

2.1.3. Recommendations on settings and optimization of services and their configuration with the use of a command line;

2.1.4. Administration of servers and infrastructure, including but not limited to:

- Configuration of server infrastructure (servers etc.), configuration of network equipment, building of architecture of the client’s network;

- Scheduled work performed on server and network equipment of the User, such as the following:

i. Software updates;

ii. Scheduled reboots;

iii. Rotation and deletion of system logs;

iv. Backups and tests of their consistency.

v. Installation and configuration of additional software that is not directly required for operation of Software products;

vi. Any questions sent to Support that are related to third party software installed on a server which is not included in operating system and is not required for operation of Software products but which affects and/or impedes their stable performance;

vii. Configuring server infrastructure (servers, etc.), configuring network equipment, building client network architecture.

2.1.4. Resolution of errors related to failures in hardware, or its incompatibility or wearout;

2.1.5. Resolution of errors in scripts appearing due to modification of Software products or their configuration, except for situations described in documentation;

2.2. Ispmanager shall provide information about ways to resolve issues described in the Ticket within the scope of Technical support. Configuration and other actions based on information provided by Ispmanager shall be made by the User.

2.3. If the Ticket describes questions and issues related to typical standard operations, Ispmanager shall provide information about the order of such operations and an example of how to do it for one operation. All consequent operations shall be executed by the User.

 

3. OTHER PROVISIONS

3.1. If data has to be migrated or edited when Technical support is used, the User shall check the fullness, integrity, and accuracy of data and prepare backup copies. When providing Technical support, Ispmanager is premised on the idea that such requirements are fully met.