1.1 These Terms and Conditions govern the provision of technical support
services (hereinafter referred to as the Services) and updates (sets
(packages)) of bugfixes (patches) designed to eliminate defects, and/or
optimize performance and/or provide additional functionality with the
transition to the next minor release over the previous release, hereinafter
referred to as “Update”) for ISPsystem LTD software products.
1.2 Services are provided during the period included in the license, and
after the expiration of the specified period, subject to the additional
purchase of Services for a new period. The purchase of Services may be
formalized in the form of a certificate granting its holder (hereinafter
referred to as the User) the right to receive Services in relation to the
software product specified therein (hereinafter referred to as the Product),
the type and number of licenses (hereinafter referred to as the Certificate)
during the period specified in the certificate.
1.3 Services are provided in accordance with these Terms and Conditions.
A separate agreement between ISPsystem LTD (hereinafter referred to as the
Contractor) and the User and/or the Contractor and the Contractor's partner,
which is a legal entity or individual entrepreneur and has the right/is vested
with the rights to grant sublicenses and licenses to Users (hereinafter
referred to as the Partner), may provide for other terms and conditions for the
provision of Services. In this case, the terms and conditions of such Agreement
shall apply. The Certificate or agreement may specify other terms and
conditions for the provision of Services. In this case, the individually stated
terms and conditions shall prevail.
1.4 The recipient of the Service may be a Partner if one of the
following conditions is met:
●
a valid partnership
agreement is concluded between the Contractor and the Partner;
●
Partner separately
authorized by the User;
●
The partner is
specified as the entity performing the implementation when granting a specific
License.
1.5 The Service is provided in relation to the following Products, if
the level of Services is expressly specified in the license name:
· VMmanager 6 Infrastructure
· DCImanager 6 Infrastructure
· DCImanager 6 SE
· BILLmanager 6 Hosting&Cloud
· BILLmanager 6 Enterprise
· DNSmanager 6 Infrastructure
1.6 To provide services, the Contractor has the right to engage third
parties (subcontractors), bearing responsibility for their actions as for its
own.
2.1 Advice on installing and configuring the Product is provided in the
guides and instructions posted in the Contractor's Knowledge Base (hereinafter
referred to as KB) at: https://www.ispsystem.com/docs/, additional materials
published on the Contractor's official resources, and other information
distributed in both printed and electronic form, which, individually or in
conjunction with other documentation, defines the rules for operating the
Product being developed and manufactured and/or reflects information certifying
the guaranteed values of the main parameters and characteristics (properties)
of the Product, as well as guarantees and information on its operation during
the established service life (hereinafter referred to as the Documentation) or
known solutions described in the Documentation at https://www.ispsystem.com/docs/, in which the Product, its components, and
third-party software interact in an established and verified manner
(hereinafter referred to as Supported Configurations).
2.2 Before submitting a ticket, please ensure that there is no suitable
solution in the Documentation.
2.3 Technical support tickets (hereinafter referred to as Tickets) are
accepted by the Contractor around the clock via the Client Area at
https://eu.ispsystem.com/. Only consultations in English are provided by phone
and are available around the clock. For a return call, please provide a contact
person, phone number, and convenient time for a call.
2.4 Communication channels:
· Phone: 1-415-697-15-31
· email: help@ispsystem.com
·
Client area: web
resource: https://eu.ispsystem.com/. Client Area user guide: https://www.ispsystem.com/docs/general-kb/client-area
2.4.1 Telephone consultations are possible if no additional time or
information is required to prepare a response. If diagnostic data is required
for consultation that cannot be fully communicated over the phone, the User
must create a Ticket in their Client Area. The Contractor may recommend that
the User create a Ticket via their Client Area if they consider that the
information provided by the User is insufficient to provide advice over the
phone and/or time is needed to resolve the Ticket.
2.4.2 To register a Ticket in the Client Area:
·
Clearly state the
problem or question;
·
Describe the scenario
and working environment in detail, indicate when the problem occurred, attach
logs created by the Product, operating system, or service programs, memory
dumps, software configuration reports, hardware and network configuration, and
other necessary and sufficient information.
2.5 Confidentiality:
·
The Contractor shall
ensure the confidentiality of information obtained in the course of processing
Tickets, including information about identified errors, inconsistencies, and
vulnerabilities, in accordance with information security requirements.
·
The User undertakes to
ensure the confidentiality of information about identified errors and
vulnerabilities affecting security until the Contractor releases the relevant
updates.
2.6 The degree of criticality is determined by the User when submitting
the Ticket. The initial degree of criticality may be changed by the Contractor
during the processing of the Ticket, based on an analysis of the details of the
Ticket.
|
Degree of criticality |
General description of consequences |
Response
time* for the Standard level |
Response
time* for the Privilege level |
|||
|
VMmanager |
DCImanager |
BILLmanager |
DNSmanager |
|||
|
Emergency |
·
a problem with the Product that affects the continuity of the User's
business processes by interrupting the Product's performance or causing data
loss, putting standard settings to unsafe mode, or causing other data
security issues; ·
the Product is not updated; ·
the Product is not installed for migration or to resolve critical
situations that seriously affect business processes; ·
the Product's interface does not open; ·
unable to log into the system under user's account; ·
unable to order/renew the Product license. |
8 working hours** |
4 hours |
|||
|
- Unable to create new virtual machines or
start all existing virtual machines on all cluster nodes. - the virtual machine loses connection with the
cluster node; - unable to delete a node; - freezing of tasks blocking the operation of
the Product or virtual machines on all cluster nodes. |
- unable to add a server or other equipment to
the location. - no diagnostic operation, operating system
installation, or other action can be started. - unable to establish a connection to a working
PDU; - location is not created on first launch; - connection to the working location is lost
after updating. |
- ordering, payment, and service processing
functions are not working (all active handling modules). - payments via the User's primary payment
modules cannot be accepted or are accepted with errors. |
Individual scenarios are not identified. |
|||
|
High |
·
an issue that affects the functionality of the Product but does not
result in damage or loss of data or interruption of the Product's operation; ·
the core functionality of the Product is affected and there is a
workaround or temporary solution until the issue is fixed in the Product; ·
The Contractor's website, Documentation, or other resources are
unavailable. |
16 working hours |
8 working hours |
|||
|
- unable to create virtual machines on one or
more cluster nodes. - the cluster node from the server with the
VMmanager platform is not available; - unable to change the status of a virtual
machine while performing operations on it. - error loading content on any page on a
critical user path (but the function is available via API); - user authorization error (but the function is
available via API); - unable to perform basic operations on the virtual machine (while retaining access to the API and virsh). |
- location is not functioning from the platform; - restarting, starting, or stopping does not work, but it is possible to restart via BMC. - when errors are received from BMC sensors, the server status does not change. - racks are not created when adding new locations (however, they can be added from the Racks section). |
- unable to generate accounting documents; - failure of payment modules that are not frequently used by the User - unable to collect statistics from virtual machines; - the tariff with one of the configurations most frequently used by the User cannot be ordered; - a payment system popular with the User cannot be used; - The Contractor's processing module does not process actions on services. |
Individual scenarios are not identified. |
|||
|
Medium |
· the core functionality of the Product is not affected, and a workaround or temporary solution is available until a fix is issued. |
24 working hours
|
12 working hours |
|||
|
- the product cannot be installed in normal mode; - restrictions on cluster nodes do not work; - IP addresses are issued from a pool that was not selected by the user when creating the virtual machine; - error adding a user's SSH key to their virtual machine; - problems with backups, snapshots, and virtual machine images. |
- error when installing a blade server in the last rack unit; - errors when opening the server auto-add settings form via BMC. |
- unable to generate accounting documents; - under certain (not too rare) settings, it is impossible to order the service; - backup is not working. |
Individual scenarios are not identified. |
|||
|
Low |
Consultation on Product functionality and other non-critical Tickets not mentioned above. |
32 working hours |
16 working hours |
|||
* Response time - the period of time during which the Ticket may remain with the Contractor. The time countdown begins from the moment the User is notified of the registration of the Ticket received through the Client Area, or from the moment the additional information necessary to solve the task is received and the upload of the provided data is completed. During the period, the Contractor is guaranteed to accept the Ticket for work and provide a response, or request additional information necessary to resolve the issue specified in the Ticket.
** Contractor's working hours, see 3.1 for details.
The issue raised in the Ticket will be resolved on an ongoing basis until the Ticket is closed.
3.1 Tickets are processed:
· for VMmanager and DCImanager — around the clock, except for cases requiring product code changes or consultations with the development team.
· for BILLmanager and DNSmanager — from 06:00 to 18:00 UTC;
· for cases or tickets that require changes to the product code or consultations with the development team — from 06:00 to 15:00 UTC on business days***.
For the Emergency and the Privileged levels - 24/7.
3.2 The Contractor shall have the right to reject the Ticket in the following cases:
· the Ticket is not compliant with the level of technical support specified in the License or when purchased additionally in the Service;
· the User is unable or refuses to provide the information necessary to work on the Ticket;
· the incident described in the Ticket cannot be reproduced;
· changes are made by the User (or other persons) to the Product, except for changes provided for by its functionality;
· the Ticket goes beyond the scope of the Service provided under these Terms and Conditions;
· the Ticket is not worded correctly, including when its processing is conducted in a non-constructive, disrespectful manner, in violation of generally accepted norms of morality and business communication;
· a response to the Ticket was provided to this User earlier, with reference to the Ticket number;
· the Product is used in ways not provided for in the Documentation, system requirements, or generally applicable standards, norms, and rules;
· committing intentional actions aimed at increasing the priority of the Ticket processing, such as (but not limited to) creating multiple similar Tickets with reference to the Ticket being resolved.
3.3 Upon receipt of a Ticket containing a description of several tasks, the Contractor shall have the right to divide the tasks into several Tickets with different degrees of criticality.
3.4 Tickets containing tasks for developing instructions that go beyond the scope of the Documentation, with suggestions for developing the Product's functionality, as well as for improving the ergonomics of its component interfaces (hereinafter referred to as the Proposal), with configurations not described in the Documentation (hereinafter referred to as Alternative Configuration) and errors, after confirmation and collection of the necessary information, are transferred to the status “Forwarded to the relevant team” and are processed without a response time. The user is notified as information is received from the Contractor's relevant teams regarding such Tickets or when the task is ready. When a Ticket is escalated to the relevant team, the deadlines and procedures established by the Terms and Conditions do not apply.
3.5 Remote connection to the User's information system is carried out after receiving consent to access the infrastructure in written or electronic form. The connection is made within the Ticket using the methods described in the Documentation. If the connection methods described in the Documentation cannot be used, the parties may agree on other alternative methods. When alternative connection methods are agreed, the Contractor shall have the right to extend the period for processing of the Ticket. The User also accepts the possible risks arising from the use of such alternative connection methods (lack of logging, inability to identify employees, risk of confidentiality breaches, etc.), as well as possible additional costs (providing the Contractor with agreed alternative means).
3.6 The period for automatic closure of a Ticket on the User's side, to which the User has not responded, is 7 calendar days from the date of the last response.
3.7 The processes for handling Product Tickets in the open environment and closed environment are different:
· for the Product deployed in the Open Environment, the User must provide the required access to the Product. If the requested access is not provided, the timeframe for resolving the Ticket may be extended and may exceed the timeframes established by the Terms and Conditions;
· for a Product deployed in a Closed Environment, the User is obliged to provide the necessary log files, network dumps, and other information reasonably necessary for processing of the Ticket.
3.8 After the end of the term of provision of the Services, support for the Product shall be provided as follows:
· with continued access to the KB, Documentation, and Client Area, but without the ability to contact technical support;
· without access to current Product Updates released outside the term of the Services.
3.9. Consents:
3.9.1. By submitting a Ticket, the User grants the Contractor consent to access log files, databases, configuration files, and other files, as well as consent to copy such files for the purposes of their analysis and processing outside the User's infrastructure solely for the purposes of resolving the User's Ticket. All such information shall be deleted after the Ticket has been resolved, and if it is reasonably necessary for correcting errors and/or releasing updates after the Ticket has been closed, then, accordingly, after the relevant updates have been released.
3.9.2. If any log files, databases, or other information accessed by the Contractor contain confidential information, the User has the right to anonymize such information, provided that this does not distort information that is technically significant for the processing of the Ticket.
*** Working days are Monday through Friday, excluding public holidays in accordance with applicable law.
4.1. As part of the provision of Services, Tickets related to the following shall not be processed:
4.1.1. Searching for and correcting errors in the User's scripts, plugins, and/or SQL queries;
4.1.2. Training, including (but not limited to) the basic principles of operating systems, including Unix, Windows, basics of network construction and network interface operation;
4.1.3. Recommendations for configuring and optimizing services, as well as configuring them using the console;
4.1.4. Administration of servers and infrastructure, including but not limited to:
· Configuring server infrastructure (servers, etc.), configuring network equipment, building the User's network architecture;
· Routine maintenance performed on the User's server and switching equipment, such as:
o software update;
o scheduled reboot;
o rotation and deletion of system logs;
o backup and consistency check.
· installing and configuring additional software that is not required for the Product to function;
· Any issues within the scope of the Ticket, if third-party software that is not required for the Product to function is installed on the server, affecting and/or disrupting their proper functioning.
4.1.5. Fixing errors related to hardware malfunctions, incompatibility, or wear and tear;
4.1.6. Correcting errors in scripts arising from modifications to Products or configuration, except as described in the documentation.
4.2. As part of the Service, the Contractor provides information on ways to resolve the issues contained in the Ticket. The User shall perform the immediate configuration and all other actions based on the information provided by the Contractor independently.
4.3. If the Ticket contains a question about performing several standard operations, the Contractor shall provide information on the procedure for performing them using one operation as an example. All subsequent operations are performed by the User independently.
4.4 The following are not provided as part of the Service:
4.4.1 Resolving communication channel configuration issues (recommendations for network configuration may be provided based on the problem reproduced on the test bench);
4.4.2 Clarification, assessment of third-party actions;
4.4.3 Diagnosis of information security incidents;
4.4.4 Help with any questions related to third-party software and services;
4.4.5 Consultations:
· on modified software packages;
· on issues related to the User's equipment;
· on matters not described in the Documentation;
· on developing process automation solutions such as writing scripts and scenarios (including via API), while an alternative solution using the Product's built-in functionality may be considered;
· on issues related to the functioning of the Product in heterogeneous networks, installation and configuration of software from technology partners.
5.1 Assessment of the necessity and timing of implementation of the Proposals is the prerogative of the Contractor. If a decision is made to implement the Proposal, the Product will be refined in accordance with the internal roadmap in subsequent Product updates.
5.2 If a decision is made to implement the Proposal, the User can independently track updates on the website in the product sections:
· for VMmanager 6 — https://www.ispsystem.com/vm-changelog;
· for DCImanager 6 — https://www.ispsystem.com/dci-changelog;
· for BILLmanager 6 — https://www.ispsystem.com/bill-changelog;
· For DNSmanager 6 - https://www.ispsystem.com/dns-changelog-6.
5.3 If it is impossible to reproduce the conditions of the incident at the Contractor's test bench, the User will be advised to provide the Contractor with remote access to test benches with the reproduced scenario.
5.4 No account details, information about existing parameters, or software settings are transmitted over the phone.
5.5 Consultations on the operation of databases included in the Product are limited to the Documentation and include viewing and editing objects necessary for temporary correction of product errors if it is impossible to make changes via the web interface due to Product malfunctions. Consultations on the internal structure of the database are not provided unless they are related to the need to manually edit the database to resolve issues in the Product.
5.6 The Contractor shall eliminate vulnerabilities in the Product by any means available for this purpose: guidelines (if applicable to the Product), prompt updates, or scheduled updates.
5.7 Access to the User's server for the provision of the Service is configured only by the User.
5.8 Without concluding the relevant contract with the Contractor, the following shall not be performed:
5.8.1 Assistance with third-party software development or general programming questions;
5.8.2 Development of scenarios and scripts required for process automation;
5.8.3 Consulting and infrastructure configuration services;
5.8.4 Consulting on infrastructure design and solution implementation.
5.9. The Contractor shall not visit the User (the place of installation of the Products).
6.1 The User shall be obliged as follows:
6.1.1 Install updates in accordance with the instructions posted in the Help Center or the instructions provided by the Contractor. In case of failure to comply with the instructions, the Contractor shall not be liable for any malfunctions of the Product.
6.1.2 Follow these recommendations before applying updates and instructions provided by the Contractor to the functioning infrastructure:
· Back up affected data and components before making changes, ensuring that the relevant functionality can be fully restored;
o The recommended frequency for regular backups is at least once a day for critical systems and once a week for others.
· If it is impossible to accurately identify the affected software or data, create a backup copy of the entire configuration;
· Store users' personal information and settings, including their files, configurations, documents, and so on;
· Apply updates and instructions first on a test circuit identical to the operating circuit.
6.1.3 Not to disrupt the functioning of or interfere with the use of the Contractor's online resources to which access has been provided.
6.1.4 Comply with the server requirements described in the Documentation. Failure to comply with these requirements may result in the Product not functioning correctly.
6.1.5 After closing the Ticket:
· disable the provided access independently;
· in the event of privileged access to servers being granted, change any previously provided passwords.
6.2 The User shall be obliged as follows:
· for backing up their data from their infrastructure in the backup system and software;
· for compliance with the license terms for the use of system software, as well as software from other developers.
6.3 The User shall not be entitled to assign to third parties any rights of claim against the Contractor arising from these Terms and Conditions.
7.1 The Contractor shall not be liable for any defects or vulnerabilities in the Product due to the User's failure to install available Product updates that eliminate such defects.
7.2 The Contractor does not provide any express or implied warranties arising from the Service, does not guarantee the achievement of the User's goals, lost profits.
7.3 The Contractor shall not be liable for and shall not compensate for any damage caused to the User or third parties as a result of the use and/or inability to use the Product and/or information contained in the results of the Product's operation, as well as third-party software.
7.4 The Contractor shall not be liable for failure to provide the Service to the User for reasons beyond the Contractor's control, namely, disruption of the Internet, equipment, or software on the part of the User, malfunction of email delivery services, including when the Contractor's emails end up in the “Spam” folder.
7.5 The Contractor shall not be liable for any breach of the terms and conditions of these Terms and Conditions in the event that the User provides inaccurate and/or incomplete information provided and/or requested by the Contractor upon receipt or during the provision of the Service upon the Ticket.
7.6 All legally protected information contained in the information system, information and telecommunications network, and automated control systems of the User shall not be accessible to the Contractor in the process of processing the Ticket. The Contractor's discovery of the possibility of gaining access to legally protected information is not unlawful, and the User shall have no claims against the Contractor in the event of such circumstances. The User is responsible for ensuring the protection of legally protected information during the processing of the Ticket by the Contractor.
7.7 Neither party shall be liable to the other party for failure to perform its obligations caused by circumstances beyond the control and will of the parties, which could not have been foreseen or avoided.
7.8 Any liability of the Contractor arising from the provision of Services under these Terms and Conditions shall be limited to 50% of the cost of the Services in proportion to the remaining term of their validity on the date of the claim for the copy of the Product to which the dispute relates.
7.9 Under no circumstances shall the Contractor be liable if the inability to perform the obligation was the result of:
· failure to fulfill the User's obligations as defined by these Terms and Conditions, the license agreement, as well as actions that are not in accordance with the Documentation, applicable standards, and rules;
· no response from a third-party developer or manufacturer when the request relates to third-party software products, services, or equipment.
7.10 The Contractor shall not be liable for the quality or performance of the information or resources provided as part of the Service, including (but not limited to) the preservation of backup copies and data.
7.11 In the event of a violation of the terms of these Terms and Conditions, abuse of rights, or other cases of unfair conduct, the Contractor shall have the right to refuse to provide the Service and to temporarily or permanently restrict access to the Client Area.
8.1 Services are provided in relation to the Product:
8.1.1 For VMmanager 6 и DCImanager 6, BILLmanager 6 — in relation to:
· the latest two stable minor versions of the product;
· intermediate regular minor versions of the product released no earlier than the previous to current stable version.
8.1.2 For DNSmanager 6 — in relation to the latest stable version.
8.2 All minor updates are considered obsolete, except for current ones.
8.3 Users of outdated minor updates of the Product are provided with known solutions described in the Documentation, existing fixes and updates, as well as assistance and Services related to migration to the current update.
8.4 Outdated versions of Products used in Alternative Configurations are not supported.
The set of Services depends on the phase of the Product's life cycle and may be limited in accordance with the table:
|
Minor Product Updates |
Vulnerability remediation |
Bug fixes |
Proposals |
Consultations on Product operability in Supported configurations |
|
Up-to-date |
+ |
+ |
+ |
+ |
|
Outdated |
- |
- |
- |
- |
9. Product updates
9.1. Updates are provided during the period covered by the license, and after the expiration of the specified period (for perpetual licenses) – only upon purchase of Services (taking into account the specifics established for the case of interruption of the period of receiving Updates).
Updates for Software Products are an integral part of the Services and cannot be purchased separately.
9.2. Updates are released solely at the discretion of the Rights Holder and in accordance with its own schedule and development plan. Information about the release of Updates is available on the Contractor's website.
9.3. During the installation of updates, the minimum hardware or software requirements may change, supported operating systems may change (for example, support for outdated or non-updatable operating systems may be discontinued), and other operating conditions may change. ISPsystem makes no commitment to support individual operating systems, technologies or additional software.
9.4. As a general rule, updates are installed automatically with the User's consent (in the form of the appropriate setting in the Product interface or by independently executing commands in the command line). To receive updates, the device on which the Product is installed must have an active Internet connection. The procedure for obtaining updates for the Product operating in an environment without an Internet connection (closed circuit) shall be agreed separately with the Rights Holder. If this method is not agreed upon, updates are provided in the form of an image in electronic form based on the User's request.
9.5. In the event of purchasing a perpetual license, the User retains the right to receive Updates whose release date does not exceed the expiration date of the Updates included in the license or the end date of the last term of provision of the Services (if they were purchased additionally).
9.6. After the Updates period included in the license expires, the Product will be updated provided that the User purchases the Service.
9.7. If the User has not purchased the Services and there has been a break in receiving Updates, then in order to receive Updates, payment must be made for the entire missed period.
For example, if the period for receiving Updates ended 3 years ago, you will need to purchase Updates for all of the previous 3 years. The cost of Updates is determined by the prices on the date of purchase.
In the event of purchasing Updates as part of the Services for the previous period, the Services only entitle to receive Updates, and technical support for the previous period cannot be requested.
10. Rules for agreeing on the term for receiving Services when purchasing License Extensions
10.1. In the event of purchasing License Extensions (i.e., additions to the License that establish the scope of use of the Product), the level of Services for additionally purchased License Extensions must be similar to the level of Services for existing License Extensions. Combining different levels of Services and terms for a single License is not permitted.
10.2. If, upon purchasing License Extensions, the expiration date of the purchased License Extensions does not coincide with the expiration date of the existing License Extensions, the purchase of License Extensions is permitted only under one of the following conditions:
10.2.1. Simultaneous purchase of Services in such a way that the term of receipt of Services for all License Extensions (for previously purchased and newly purchased ones) is uniform for the entire License. In this case, the Services are purchased before the earlier of the License Extension periods.
The following rounding rules apply for calculating the required period:
· periods of up to 5 days inclusive are rounded down;
· periods of more than 5 days are rounded up to a full month.
10.2.2. Reduction of the term for receiving Services included in the purchased License Extension to the term for receiving Services of previously purchased Extensions. In this case, a License Extension with standard term Services (12, 24, 36 months) must be purchased, but for no less than the period remaining until the expiration date of the Services previously purchased Extensions.
10.3. If License Extensions are purchased without simultaneously purchasing Services as described above, the License Extension shall be deemed to have been granted on terms that reduce the term of the Services.
10.4. If modules are used in the Software Products, the requirements for agreeing on terms specified in this section must also be met with respect to the modules used.
11.1 The Contractor shall have the right to amend the Terms and Conditions at any time. The current version of the Terms and Conditions is available on the ISPsystem LTD website.: https://www.ispsystem.com/documents
11.2 The user undertakes to regularly check for changes to the Terms and Conditions. The user shall not be entitled to invoke his lack of knowledge of such changes.
11.3 If the User provides data about a legal entity, the User confirms that they have sufficient authority to do so and that the information provided by the User is complete and accurate.