Customers with established maintenance agreements with Struckture received prioritized support. All other support requests are addressed in the order they were received by the urgency of their request during normal support hours Tues-Fri 9am-4pm. Critical or support that requires attention after the normal support hours may be charged out at a premium rate.
1. Provision of Service and Support
During the continuance of this Agreement, Struckture will provide service and support as follows:
1.1 Telephone Support. Struckture shall provide at its sole option and for as long and for such hours as it may decide Telephone Support for the Customer. "Telephone Support" means telephone and remote hardware fault diagnosis provided by Struckture at its sole option and on such terms and conditions as it may, from time to time determine pursuant to clause 2.1.
1.2 Remedial Support. Upon receipt of notification from the Customer that the Products have failed or are malfunctioning, and in the event that the fault cannot be rectified using Struckture Telephone or Remote Support, Struckture undertakes to use all reasonable endeavours during the Standard Service Hours to make such corrections, repairs or adjustments to or replace such parts of the Products as may be necessary to restore the Products to their proper operating condition. The extent of such remedial support and whether this is achieved remotely or by an on-site visit by a Struckture engineer will be determined by Struckture in its discretion and/or depending upon any Service Offering purchased by the Customer (as evidenced on the Invoice) from amongst the Service Offerings or the specific Service Offering packaged with the Product.
Struckture's "Standard Service Hours" means the hours between 9.00 a.m. and 4.00 p.m. each day excluding Mondays, Saturdays, Sundays and public holidays. Additional service hours may be available at Struckture's discretion in consideration of the payment of additional fees.
"Service Offering (s)" means the different service options offered by Struckture for the Products or any part of them and for varying periods, as described in Struckture's published literature, including Customer's Invoice and/or Struckture's Service Description.
1.3 Remote Support. By requesting and accepting a remote session from a Struckture representative to remotely assist you with a technical related issue, you accept responsibility for any changes made to the computer's content or system settings. Struckture does not assume and is not responsible for any liability for the linking and viewing of any desktop content, the operation of the Struckture Quick Support software or system performance.
Struckture recommends for your security and privacy that you exit any applications you have open that is displaying content such as personal or confidential information before initiating a remote support session with a Struckture representative. Struckture further recommends that you remain seated at your computer throughout the entire remote session.
Your data is important to us. It is up to you to ensure that you backup your data on a regular basis. Struckture will not be held responsible for any data loss if any occurred during or after a remote session. If you require help in setting up a backup procedure for your data please do not hesitate to contact us for further assistance.
Struckture continuously takes the utmost care when in use of your computer. However, Struckture cannot guarantee that our service will resolve your problem or that attempting to rectify your technical issue will not cause additional problems requiring an on-site call.
2. Exceptions to Service and Support
2.1 Struckture shall provide repair services that are necessary because of any existing defect or a defect occurs in materials or workmanship in the system or in any system component covered by this Agreement. Preventive maintenance is not included. Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than Struckture (or its authorized representatives) are not included.
2.2 Unless expressly provided by mutual agreement of Struckture and the Customer in writing and/or by the terms of a Service Description, Struckture's service and support do not include support which is necessitated as a result of any cause other than a result of Struckture's neglect or fault, including, without limitation:-
(a) Failure or fluctuation of electric power, air conditioning, humidity control or other environmental conditions; or
(b) Accident, transportation, neglect, misuse, abuse or default of or by the Customer its employees or agents or any third party, including but not limited to broken or cracked plastics; or
(c) Any fault in any products or components which are not supplied by Struckture, whether or not
(i) They form part of a Customer's configuration of the Products; or
(ii) They comprise the Customer's configuration and the Products form an integral part of them; or
(d) Any fault in attachments or associated products or components (whether or not supplied by Struckture) which do not form part of the Products covered by this Agreement and/or under the relevant Service Offering; or
(e) Any fault in the Products caused by the failure of any products or components not supplied by Struckture; or
(f) Act of God, lightning, fire, flood, war, act of violence or any similar occurrence; or
(g) Any attempt by any person other than Struckture personnel or any person authorised by Struckture (via the telephone or otherwise) or an authorised Struckture sub-contractor, to adjust, repair or support the Products.
2.3 Unless expressly provided by mutual agreement of Struckture and the Customer in writing and/or by the terms of a Service Description, Struckture's service & support do not include:-
(a) support of non-Struckture installed Products/Software/Services. The Customer agrees that where such Products/Software/Services are covered by a relevant third-party manufacturer's warranty to utilise that warranty for the support and in any event not look to Struckture for such support;
(b) Services at places other than the Customer's address specified on the Invoice except where Struckture specifically agrees otherwise;
(c) The correction or avoidance of software defects or errors or the loading or re-loading of a Customer's application software or the Customer's data or any re-configuration of the Products beyond loading the operating system software (ie basic install of the OS and Drivers using the factory supplied CDs) as carried out before shipment;
(d) Repair or renewal of diskettes, printing ribbons, typefaces or other consumable supplies;
(e) Electrical or other environmental work external to the Products; and
(f) The support of any attachments or associated products which do not form part of the Products.
2.4 Collection of Products by Struckture, or its appointed carrier and/or its authorised sub-contractor for the purposes of this Agreement shall not be construed as invalidating the exceptions stated above and shall not imply that Struckture accepts the validity of any customer's claim.
3. Replacement
3.1 Struckture reserves the right to replace the whole of the Products or any part or parts thereof which may be found to be faulty or in need of investigation even where only a part of the Products are so faulty or in need of investigation.
3.2 Struckture, in effecting such replacement, is under no obligation to use Products or any parts thereof which are identical in all respects to the faulty Products. Unless local laws determine otherwise, Struckture reserves the right to supply used or reconditioned parts or Products which are equivalent to new in functionality and appearance. Struckture shall ensure that any Products or parts thereof used in replacement shall have substantially the same fittings and at least an equivalent specification to the faulty Products or parts thereof. Struckture reserves the right to supply Products or parts thereof manufactured by whomsoever it shall, from time to time, deem appropriate.
3.3 The products or parts supplied to replace the Products shall become the property of the owner of the Products. The Products or any part or parts thereof removed shall become the property of Struckture.
3.4 The warranty term for a spare part used in repairing Products ("Replacement Part") is 30 days from its installation in the Product or the remainder of the warranty term for the Product into which it is installed, whichever is longer. For the avoidance of doubt, the warranty term of a Product is not extended after its repair or replacement. Customer will pay Struckture for a Replacement Part when the part replaced is not returned by Customer to Struckture within 10 days after the date the Replacement Part was delivered to Customer by Struckture. Prices of the part replaced will be at Struckture's then current standard price in the Territory.
3.5 The provisions of this Agreement shall apply to all replacements of any part or parts of the Products made by Struckture during the continuance of this Agreement.
4. Customer's Obligations
4.1 During the continuance of this Agreement, the Customer shall:-
4.1.1 Facilities
(a) Provide Struckture with full, safe and prompt access to the Products to enable Struckture to carry out its obligations under this Agreement.
(b) Provide adequate working space around the Products for the use of Struckture's personnel and make available all reasonable facilities as may be requested from time to time by Struckture for the storage and safe keeping of any test equipment and spare parts.
(c) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by Struckture's personnel which is not used for any other testing, diagnostic and remedial purposes at the Customer's expense.
(d) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by Struckture's personnel which is free from any legal restrictions and which is immediately close to the Location.
(e) Ensure, in the interest of health and safety, that Struckture's personnel are met promptly by a member of the Customer's staff and while on the Customer's premises for the purposes of this Agreement, are at all times accompanied by a member of the Customer's staff familiar with the Customer's premises and safety procedures.
(f) Make available to Struckture, free of charge, all facilities and services reasonably required by Struckture to enable Struckture properly to provide the Services under this Agreement.
(g) Provide such telecommunication facilities as are reasonably required.
4.1.2 Use and Care
(a) Make sure that proper environmental conditions (in particular those (if any) defined in the relevant Product user manuals) are maintained for the Products and shall further maintain in good condition the place where the Products are situated, the cables and fittings to the Products and associated with the Products, and the electricity supply thereto.
(b) Save for discrete additions generally recognised as being compatible with the Products, not make any modifications to the Products without Struckture's prior consent.
(c) Ensure that the Products are used in a proper manner, in accordance with the Product user manuals and by competent trained employees only or by persons under their supervision.
(d) Ensure that the external surfaces of the Products are, where appropriate, kept clean and in good condition and shall carry out any minor maintenance requirements recommended by Struckture (or recommended in the relevant Product user manual) from time to time.
(e) Save as aforesaid, and except when operating under:
(e.i) a Struckture Agreement or in accordance with a Service Offering which provides otherwise; or
(e.ii) under instructions from the Struckture Telephone Support; not attempt to adjust, repair, support or maintain the Products and shall not request, permit or authorise anyone other than Struckture or the manufacturer of the Products (where such Products are under a warranty from a manufacturer other than Struckture) to carry out any adjustments, repairs, support or maintenance of the Products.
(f) Use on or with the Products only such accessory, attachment, component or additional equipment or products as Struckture recommends, or are recommended in accordance with the Product user manuals, or are commonly and properly used on or with the Products.
(g) Not use in conjunction with the Products any accessory, attachment, component or additional equipment or products other than those which have been supplied or approved by Struckture for use in the manner proposed, or which are specifically approved as compatible by the relevant Product user manuals.
4.1.3 Notification and Information
(a) Promptly notify Struckture if the Products need service or are not operating correctly. Failure by the Customer to notify Struckture within 2 weeks of the Customer first becoming aware of such failure or incorrect working shall free Struckture from all obligations to investigate or correct such failure or incorrect working.
(b) Make available to Struckture, free of charge, such information as may be necessary to enable Struckture properly to conduct telephone diagnosis as part of the Struckture Telephone Support service, and in addition, such programs, operating manuals and information to enable Struckture properly to perform its obligations under this Agreement and shall use its best endeavours to provide staff familiar with the Customer's programs and operations, which staff shall cooperate fully with Struckture personnel operating Struckture's Telephone Support or present on-site, as the case may be, in the diagnosis of any malfunction of the Products.
4.1.4 Database and Software
Keep full security copies of any of the Products comprising Software and of the Customer's programs, databases and computer records in accordance with best computing practice and in any case before requesting Services from Struckture. The Customer acknowledges that they are responsible for re-loading their own application software after any such Services have been provided. It is the Customer's responsibility to backup data on the system. Struckture will not be responsible for loss of or damage to data or loss of use of any of the computer or network systems.
4.2 The Customer must grant the service technician full access to the system and (at no cost to Struckture) have working space, electricity and a local telephone line. If these requirements are lacking, Struckture is not obligated to provide service. In addition, Struckture is not obligated to provide service if the Customer fails to provide an environment that is conducive to computer repair, including for example, if the Customer insists on service to be provided at varying locations, if the Customer fails to properly restrain a pet, if the Customer threatens Struckture technician either verbally or physically, or if the Customer location or the general area where the system is located is dangerous, infested with insects, rodents, pests, biohazards, human or animal excrement and/or chemicals as reasonably determined to be unsafe by Struckture technician.
4.3 To receive service and support, the Customer is responsible for complying with the following:
(a) Prepare for the Call. The Customer can help the technician serve better if the Customer has the following information and materials ready when the call is made: the Customer System's Invoice and serial numbers; service tag number; model number; the current version of the operating system being used; and the brand names and models of any peripheral devices (such as a modem, printer or scanner) being used.
(b) Explain the Problem to the Technician. The Customer should describe the problem the Customer is having with the System. Let the technician know what the error message is and when it occurs; what was being done when the error occurred; and what steps have already been taken to solve the problem.
(c) Cooperate with the technician. Listen carefully to the technician and follow the technician's directions.
(d) If the technician is unable to resolve the problem over the phone, the technician will recommend to the Customer the next course of action to be taken.
Until the customer has complied with the above procedures, Struckture cannot provide the customer with service and support.
5. Liability
5.1 Struckture warrants that services will be performed in a good and workmanlike manner. Except as expressly stated in the preceding sentence, Struckture makes no express or implied warranties with respect to the services, including but no limited to any warranty relating to third party products, any warranty with respect to the performance of any hardware or software used in conducting services, any express or implied warranties concerning the results to be obtained from the services or warranties concerning the results to be obtained from the services or the results of any recommendation Struckture may make, including without limitation any implied warranties concerning the performance, merchantability, suitability, non-infringement or fitness for a particular purpose of any of the deliverables or of any system that may result from the implementation of any recommendation Struckture may provide. Nothing in this agreement or any other written documentation or any oral communications with customer may later alter the terms and conditions of this paragraph.
5.2 Struckture shall not be liable for any loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Products or loss of or spoiling of any of the Customer's programs or data) resulting from any lines down of or fault in the Products, unless such lines down or fault is caused by the negligence or wilful misconduct of Struckture, its employees, agents or sub-contractors, or to the extent that such loss or damage arises from any negligent delay by Struckture in providing the particular Services purchased by the Customer and then only to the extent not excluded by this Agreement.
5.3 The Customer shall indemnify Struckture and keep Struckture fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of this Agreement.
5.4 Except in respect of injury to or death of any person, for which no limit applies, Struckture's total liability to the Customer under this Agreement in respect of each event or series of connected events is limited to the amount paid by the Customer for the relevant Services(which gives rise to the claim) purchased by the Customer as evidenced on the Invoice.
5.5 Any service response times stated by Struckture in the Service Offerings are approximate only and shall not form part of the Contract. Struckture will use all reasonable endeavours to meet the stated response times, however Struckture shall not be liable for any direct or indirect loss or damage arising from it's failure to meet such response times, howsoever occasioned.
5.6 Notwithstanding anything else contained in this Agreement, Struckture shall not be liable to the Customer for loss of business, profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
5.7 Some Services may require Struckture to access hardware or software that is not manufactured by Struckture. Some manufacturers' warranties may become void if Struckture or anyone else, other than the manufacturer or its authorized representative, works on the hardware or software. Struckture does not take responsibility for third party warranties or for any effect that the Struckture services may have on those warranties.
6. Waiver
Except as otherwise expressly provided for in this Agreement, no forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights operate as a waiver of any subsequent breach, and no right, power or remedy herein conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
7. Consumers
Nothing in this Agreement shall affect the statutory right of a Customer dealing with Struckture as a consumer as defined in any consumer protection legislation intended to protect consumers in similar transactions.
8. Subcontracting
Struckture has the right to subcontract the Services provided under this Agreement to any of its authorized service providers.
9. Severance
If any provision of this Agreement (including terms contained in a relevant Service Offering) is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.
10. Domain Name Registration Service
Struckture provides the service of domain name registration renewals via a third party provider, Tucows, Inc. When you register, renew, or transfer a domain name through our systems, you are agreeing to be bound by both this Agreement and the Tucows Registration Agreement ("Exhibit A"). Exhibit A may be viewed at http://opensrs.com/docs/contracts/exhibita.htm. The Registrar of record for any domain name you register February 17, 2014 or later will be listed in the Registration Record as Tucows Inc. Fees associated with domains are NON-REFUNDABLE.
10.1 Domain Registration Management
When you register a domain name through Struckture or transfer a domain name into our management, you retain ownership of the property and allow Struckture to manage and maintain it. By default, domain privacy will be enabled to safeguard customer information and privacy. We will use the customer information provided to us to populate the Registrant, Administrative, Technical and Billing contact fields (the "Registration Record") for the domain name, though we reserve the right to update these fields with Struckture admin contact information so we can better support/facilitate our domain registration and transfer service. The default information we use for the Registration Record may not necessarily reflect the desired information and it is your sole responsibility to provide Struckture with the Registration Record whenever necessary.
10.2 You are solely responsible for ensuring that all domain name registration fees are paid when due. If you fail to pay domain name registration fees when due, your domain name registration will expire and be suspended by Struckture and you can and will lose ownership of the domain name if you do not take action to renew it. Once a domain name registration has expired, the domain name (including, but not limited to the website, email and other services associated with the domain name) will be completely inaccessible until and unless renewed or re-registered. If you wish to renew an expired domain name registration and we are the Registration Service Provider of record for that domain name, you must pay a NON-REFUNDABLE fee and complete any other necessary requirements indicated by Struckture at the time of your request to complete the renewal. Please note that, generally, it may take 7-10 business days for the domain registration to be updated once it has been redeemed. If enough time has past, there is nothing we can do to help you get your domain name back. The domain name will be deleted at the registry and released back into the public pool of available domain names.
10.3 Upon any expiration of any domain name registration for which Struckture is the Registration Service Provider of record, we may direct the domain name to an IP address designated by us, which may contain a parked, coming soon or other such page ("Temporary Page") that may include advertisements, promotions, links and other content designated by a third party or Struckture, including, but not limited to, content promoting the Service. 100% of all revenues generated, or other economic or noneconomic benefits received, from any such Temporary Page belong solely to Struckture and a third party designated by Struckture, if any. Struckture reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Temporary Page at anytime, for any reason or no reason, and without notice.
11. Hosting Service
Struckture provides Hosting Services via a third party provider Modwest/Blackfoot. By hosting your website with us, you are agreeing to be bound by both this Agreement and the Service Level Agreement ("Exhibit B"). Exhibit B may be viewed at http://www.blackfoot.com/service-agreements/. Fees associated with hosting are NON-REFUNDABLE.
11.1 Full payment is required in advance before hosting service is established. Struckture requires annual payment of hosting services (12 months of service). If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Struckture prior to the renewal date and although Struckture sends renewal notices to our customers prior to their renewal date, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
12. Availability of Service
(a) You understand and agree that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repair by Struckture or our third party service providers, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Struckture's control, as defined by standard practices in the industry. From time-to-time, it may become necessary for us to stop, reboot, disable, reconfigure, re-route or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will we or our service providers be held liable for any financial or other damages due to such interruptions. In no event shall Struckture be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
(b) Struckture reserves the right to reset the password used to access a Service and Account, if, in our judgment, the current password is unsecure or not current. We may also reset the password used to access a Service or Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.
(c) In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.
(d) We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at anytime, for any reason or no reason.
(e) From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Struckture shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.
13. Your Content
When you provide content to Struckture, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don't want us to do that.
13.1 You agree that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Struckture or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Struckture or any third party. Customers may not run IRC, bots or clients. Clients may not use Struckture hosting for file storage unrelated to the client's website, storage Space is for active website file pages only.
13.2. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
13.3. Your License To Us. When you provide User Content via the Services, you grant Struckture (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
13.4. Featuring Your Site. We may choose to feature sites you use the Services to create or publish ("Your Sites") or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Struckture marketing and promotional activities. For example, we may feature Your Sites on our website, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists' rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured through your Account. This Section does not affect any rights you may have under applicable data protection laws.
14. Our Intellectual Property
Struckture Services (including all online user-experiences, content management, software development, forms/applications, content, etc) are copyrighted by Struckture. This Agreement doesn't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property or trade secrets in the Services. You agree not to change, translate or otherwise create derivative works of the Services. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Struckture.
15. Copyright
The Struckture website, including all text, HTML, scripts, and images are copyright 1998-2018. All rights reserved. Any replication, modification, or copy of any part of this website without the prior, written consent of Struckture. This copyright notice applies to site visitors, clients, non-clients, affiliates, and resellers of Struckture.
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