BY CONTACTING PHPOET FOR TECHNICAL SUPPORT SERVICES REFERENCED BELOW (“PREMIUM SUPPORT”) OR PURCHASING PREMIUM SUPPORT TICKETS (“SUPPORT TICKET”) TO QUALIFIED SUPPORT ISSUES, THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE PRIORITY SUPPORT SERVICE OFFERING. IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT PHPOET FOR SUPPORT, NOR PURCHASE OR APPLY SUPPORT TICKETS. TO CANCEL A SUPPORT TICKET PURCHASE, AND RECEIVE A REFUND FOR ANY MONEYS PAID, CUSTOMER WILL CONTACT PHPOET, AS DESCRIBED BELOW.

  1. Services. Upon acceptance of Support Tickets, PHPoet will provide support services (“Support Services”) on unmodified PHPoet software (“Supported Products”), both as described at (“Premium Support Page“). PHPoet reserves the right to amend the Support Services provided and/or listed Supported Products, at any time, by posting updates to the Premium Support Page. PHPoet will not amend Support Services and/or Supported Products in a way that (i) reduces the level of effort PHPoet provides under the Support Services, or (ii) materially impacts PHPoet’s obligation to deliver the Support Services, or (iii) materially impacts the rights the Customer receives under the Support Services. For any updates that affect Customer’s Support Services, Customer will be notified via the electronic mail address registered by Customer at the time of purchase of Support Services no less than (30) days prior to its posting. The terms described at thePremium Support Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms at the Premium Support Page, the terms at the Premium Support Page will govern.
  1. Limitations.

    1. Support Incidents. A Support Ticket is applicable to a single Support Incident. A Support Incident is a specific, discrete problem with Supported Products whose origin can be isolated to a single cause. PHPoet will not provide Support Services until a Support Incident has been qualified by an authorized and the Support Ticket has been formally accepted by PHPoet on the Support Incident. Once a Support Incident is accepted by PHPoet, PHPoet will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. PHPoet, in its sole discretion, will determine what constitutes a Support Incident, whether the Support Ticket is applicable to the Support Incident, whether the Support Incident is excluded from eligibility for Support Services, and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution or service that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) information that identifies the problem as being caused or related to Customer’s server, hosting, or operating environment or other software that are not Supported Products.
    2. Response Times. PHPoet will make reasonable efforts to respond within the initial and ongoing response times defined by the purchased applicable service described on the Premium Support Page (“Response Times”). PHPoet does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Support Services Hours of Operation (“Hours of Operation”) described on the Premium Support Page. PHPoet, at its sole discretion, will determine Hours of Operation, and may, at any time, alter Hours of Operations if they do not materially affect PHPoet’s ability to otherwise provide Support Services. Alterations to Support Service Hours of Operation will be posted on the Premium Support Page, and will be made for changes including, but not limited to: (a) US Federal Holidays, and mandatory holidays in the respective countries of PHPoet representatives; (b) days allocated for PHPoet administrative duties and annual company events. Support Services are provided in the English language only, unless otherwise specified, to a single person or to single organization identified at the time of the Support Service purchase.
    3. Delivery. Unless otherwise specified on the Premium Support Page, all Support Services will be delivered exclusively via the website, email, or live chat.
    4. Access. When required for the purpose of diagnostics, troubleshooting, qualification of issues, and bug-fix patching of Customer’s copy of Supported Products, Customer agrees to provide complete access to Customer’s computer systems and hosting environment necessary for PHPoet to perform its duties. This access includes but is not limited to: (a) File Transfer Protocol (“FTP”) or equivalent remote read and write filesystem access to all files directly related to the operation of the Supported Product; (b) direct or indirect access to all log files produced by the web server software or Supported Products; (c) access to the WordPress administrative interface of Customer’s website, with WordPress Roles and Capabilities equivalent to the site Administrator; (d) an account with all privileges and a software client interface access to all MySQL Databases and Tables that directly affect the operation of the Supported Products. Failure of Customer to provide reasonable timely access to Customer’s computer systems and hosting environment necessary for PHPoet to provide its duties will result in resolution of the Support Incident without refund.
    5. Current Release. Unless otherwise specified, all Supported Products must be at their most current release version to be eligible for Support Services.
    6. Use. Support Services are not intended for use as a replacement for business critical operational support staff. Customer agrees that Support Services will not be used when failure of the Support Services to attain a desired result could lead to significant loss of business.
  2. Exclusions. Unless otherwise specified in the purchased applicable Support Service on the Premium Support Page, PHPoet will not provide Support Services related to problems or issues arising out of or from (a) issues that could be resolved by upgrading a Supported Product; (b) the use of Supported Products that have been modified; (c) third-party products or technologies and their effects on or interactions with a Supported Product; (d) use of a computer system, operating environment, or hosting provider that is incompatible with a Supported Product; (e) issues related to Internet, email, file management, network configuration; (f) assistance in the planning, scripting, programming, customizing, debugging, designing or styling of projects that make use of Support Products; (g) on-site, or over the phone delivery of Support Services, unless specified in the purchased applicable Support Service. PHPoet reserves the right to refuse service for any reason and will refund the Premium Ticket price in that event.
  3. Customer Responsibilities. Customer must have a valid license for the Supported Product to receive service. Customer will cooperate with PHPoet when seeking Support Services by providing all information necessary to assist PHPoet to diagnose an issue. Customer is responsible for developing and executing a full data backup and disaster recovery plan. Customer is responsible for execution of data recovery including any and all restoration or reconstruction of lost or altered files, data, or programs. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Services and the computer systems that is is operating on. Customer may not transfer purchased Support Services to any third-party.
  4. Disclaimer of Warranty. ALTHOUGH PHPOET CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, PHPOET WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE DEFINITION OF THE SUPPORT SERVICE ON THE SUPPORT OFFERINGS PAGE IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LEIU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, PHPOET SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  5. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, PHPOET’S LIABLITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE PREMIUM SUPPORT TICKET ORDERED BY CUSTOMER. IN NO EVENT SHALL PHPOET HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT PHPoet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  6. Term and Termination. Unless terminated earlier in accordance with this section, a Support Ticket will expire and be made void after a term of twelve (12) months from the time of purchase, or until each Support Incident where a Support Ticket is applied and accepted is resolved, whichever comes first. Unused Support Tickets can be fully refunded within a period of sixty (60) days from the time of purchase. Unused Support Tickets can be partially refunded after sixty (60) days, but only if the Support Ticket has not expired. Once Support Services have been provided in full or in part for a Support Incident, the Support Ticket has been used and will not be refunded in full or in part, unless at the discretion of PHPoet, regardless of the term.
  7. Privacy Policy and Data Protection. Customer agrees and understands that it is necessary for PHPoet to collect, process and use Customer data in order to perform the service and support obligations under the Support Service. PHPoet and its authorized support representatives, will keep confidential all Customer data obtained during the course of providing Support Services.
  8. General. Customer may not assign its rights or obligations under a purchased Support Service. Any unauthorized assignment will be void. PHPoet will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Customer and PHPoet with regard to Priority Support Ticket purchases and Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon PHPoet unless made in writing and signed by an authorized representative of PHPoet. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.

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