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Amasty.com Support License Agreement

contents
  • General Provisions
  • Licensing
  • Support Services
  • Rights and Obligations
  • Limitation of Liability
  • Term and Termination
  • Final Provisions

This Support Agreement (“Agreement”) is entered into by and between You as Amasty Customer using support Services [“Customer”] and Amasty s.r.o., established and existing under the law of Slovakia, with its registered office at: Špitálska 53, Bratislava - mestská časť Staré Mesto 811 01, Slovakia, Company Identification Number: 50 050 974, entered into the Commercial register of District Court of Bratislava I, Section: Sro, Entry No.: 107496/B (“Amasty”).

General Provisions
  1. This Agreement is an integral part of policies and terms regulating the work of Amasty website (e.g. Terms and Conditions , Privacy Policy, Data Protection Agreement, etc., collectively referred to as “Website Terms”) and any other policies on that website.
  2. The Agreement regulates Customer’s use of Support Services as stipulated in Clause 3 of the Agreement.
  3. When using, requesting to use and purchasing license/subscription for Support Services, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the Support Services in compliance with this Agreement and Website Terms.
  4. Amasty reserves the right at any time at its sole discretion to change the Support Services and/or this Agreement. Customer’s use of the Support Services after the effective date of any such change constitutes their acceptance of the changed Support Services and Agreement.
Licensing
  1. The Customer acknowledges that the provision of Support Services under Clause 3 of the Agreement comes into force in case the Customer acquires a respective Support License for the terms of, by means and ways available at Amasty website to the date of Website Terms.
  2. The Customer acknowledges that Support License is non-transferable and can only be applied to the customer account the purchase was made through.
Support Services
  1. Support Services provided by Amasty connects the Customer with support agents in order to grant them help with a set of Amasty support-related inquiries (“Support Services”).
  2. Support Services may be included as part of the package purchased by the Customer or purchased separately (as a one-time license purchase for a period of three (3), six (6) or twelve (12) months or a subscription programme).
  3. All Support Services shall only be provided in relation to Amasty Software as stipulated in Clause 2 of Amasty Terms and Conditions and shall not apply to third-party products or services, services delivered by Amasty and/or results of such services, including but not limited to audits, custom development services, consulting and other services that may be provided by Amasty or at Amasty website.
  4. Support Services may include but are not limited to: pre-sale consultations, product functionality consultations, installation and configuration consultations, issue verification on non-customized environments, issue verification on Customer environment, issue resolution and debugging in case such resolution is possible/viable.
  5. Amasty provides limited Support Services for Vendor Software purchased at Amasty Website as stipulated in Clause 3 of Amasty Terms and Conditions that includes: pre-sale consultations, product functionality consultations, installation and configuration consultations. All other issues are redirected to Vendor for support according to Vendor Support Terms and Conditions. Support Terms and Conditions for a Vendor Software are available on the Product Page with a link and/or Vendor website. Amasty may act as a point of contact for the customer in case the customer requests such assistance.
  6. The Customer may additionally purchase such Support Services as: extensions installation, extensions configuration, Elasticsearch Engine installation by adding it to the cart at Amasty website or by submitting a corresponding request via means available at Amasty website.
  7. For avoidance of doubt, the following means of communication shall be available to Customers for Support Services, unless otherwise offered at Amasty website or agreed with the Customer:
    1. Amasty’s web-based helpdesk system. Shall at all times remain the preferable way to submit a support request. In case other communication channels are used by the Customer, Amasty reserves the right to create a support ticket in the helpdesk system and redirect the communication with the Customer accordingly.
    2. Online Chat. May be used by the Customer when support agents are available online. In case Amasty staff is not available at the time of the request, or the requested Support Service may not be provided via online chat, a corresponding ticket in the helpdesk system shall be created and addressed upon support agents availability.
    3. Phone. May be used by the Customer when support agents are available online. In case Amasty staff is not available at the time of the request, or the requested Support Service may not be provided via phone conversation, a corresponding ticket in the helpdesk system shall be created.
    4. Email. The Customer may request the provision of Support Services by sending an email to the email address provided at Amasty website. In this case, a ticket in the helpdesk system shall be automatically created and communication henceforth will be held accordingly.
Rights and Obligations
  1. Amasty undertakes to deliver Support Services in accordance with Website Terms, within reasonable time and extent.
  2. The Customer acknowledges and agrees that in case the Support Services requires so, Amasty may request and Customer must provide additional data as stipulated under Clause 2 of Amasty Privacy Policy.
  3. The Customer acknowledges and agrees that in case the requested Support Services demands so, Amasty has the right, without additional confirmation from the Customer, to:
    1. Create a copy of Customer’s production/live environment, including the Magento instance and database, for further local deployment of the instance on Amasty’s internal development servers for the sole purpose of issue verification and resolution. Amasty undertakes to ensure that such servers are only available from within Amasty’s infrastructure, to anonymize the data and treat all confidential information with at least the same level of care as with Amasty’s own confidential information;
    2. Create users is Customer’s backoffice for verification purposes, or, in case the backoffice is unavailable, to create such users using SSH access credentials provided by the Customer;
    3. In case the development environment of the Customer is available, to switch between the modes (default, development, production) as the situation requires;
    4. In cases that include but are not limited to Customer’s slow website load, parallel use of the Environment by the Customer, compatibility issues detected or other, Amasty support agents may generate and use for the debugging Customer’s environment dumps if such solution is deemed most effective;
    5. Modify environment configuration, included but not limited to code minification settings, JS/CSS merging and bundling, static files settings and other settings that are reasonably required for issue verification and debugging;
  4. The Customer acknowledges that Amasty does not provide certain Support Services, such as issue verification, issue resolution and debugging on Customer’s production environment(s).
  5. In case the Customer doesn’t have, cannot or refuses to provide development environment, Amasty reserves the right to:
    1. Generate respective dumps, including database; or
    2. Request the Customer to provide respective dumps; or
    3. Deny to provide Support Service in case such dumps are not provided;
  6. In case the Customer fails to provide or activate access credentials under Clause 4.2 of the Agreement, Amasty reserves the right to request the Customer to provide respective dumps or to generate such dumps upon the acquisition of the access credentials for the sole purpose of ensuring seamless provision of the Support Services.
  7. The Customer acknowledges that non-provision or delay in providing requested information under Clause 4.2 of the Agreement, as well as delays in responding to Amasty’s support agents in a timely manner may lead to delays, or in certain cases non-provision of Support Services. Any such delays or non-provision of Support Services shall be Customer’s sole responsibility and shall not constitute any breach on Amasty’s side in provisioning of Support Services under this Agreement and Website Terms.
Limitation of Liability
  1. Amasty shall not be liable to the Customer for any damages, including but not limited to loss of profit and/or saving, or identical, or consequential, caused to the Customer, Customer’s information and/or business entity, arising out of the use or inability to use Support Services.
  2. Amasty shall not be liable for prosecution arising from the use of the Support Services against the law or for any illegal activities by the Customer with the use of the Support Services.
  3. For avoidance of doubt, the Customer is solely responsible for their use of the Support Services and is liable for any resulting damage therefrom to the maximum extent permitted by the applicable law(s).
  4. The limitation of liability does not apply to the violation of confidentiality, intellectual property, copyright or other rights of the Parties, fraud or other purposeful violation of law(s) and regulations.
Term and Termination
  1. This Agreement remains effective until terminated naturally, or in case of termination by the Customer or Amasty under Website Terms.
Final Provisions
  1. This Agreement has been valid and effective since December 1, 2020.
  2. This Agreement cancels the terms of the previous Agreement.
  3. This Agreement constitutes an integral part of Website Terms.
  4. In case of conflicting regulations relating to Support Services imposed by this Agreement and Website Terms, the Agreement shall prevail.
  5. Amasty reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on www.amasty.com.
  6. Potential disputes between Amasty and its Customers may be subject to an out-of-court settlement in accordance with clause 11.4 of Amasty Terms and Conditions.
The last update of the document was on February 10th, 2021.
Company Info
Headquarters
Bratislava, Slovakia
Development office
Minsk, Belarus
Representative office
London, United Kingdom
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