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Amasty.com Support License Agreement

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

This Support Agreement (“Agreement”) is entered into by and between You as Amasty Customer using support Services (“Customer”) and Softonomika Limited, established and existing under the law of Cyprus, with its registered office at Afroditis, 25, Office 208, 1060, Nicosia, Cyprus Clarion Business Centre, Company Identification Number: HE 427722 (“Amasty”).

Taking into account that the relationship between the Customer and Amasty is regulated in a comprehensive manner by this Agreement and Terms and Conditions linked: https://amasty.com/terms-and-conditions.html (“Amasty Terms and Conditions”). All issues not regulated by the Agreement are resolved on the basis of the Amasty Terms and Conditions. In the event of a conflict between the terms of the Agreement and the terms of the Amasty Terms and Conditions, the provisions of the Agreement shall apply.

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 subscription for Support Services or Support Services rendered under a product subscription, 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 the Software by a respective License for the terms of, by means and ways available at Amasty website to the date of Website Terms.
  2. The Customer acknowledges that the Support Services within the respective support subscription and/or product subscription are non-transferable and can only be applied to the customer account the purchase was made through and the Software acquired through that account.
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”). Amasty provides Support Services only after full payment of such Support Services unless otherwise decided by Amasty at its discretion.
  2. Support Services may be included as part of an active product subscription for the Software in Lite edition, or as part of an active separate Support Subscription in Lite (no longer available for purchase after February 1, 2022), Pro, Premium or One editions, with a billing period of one (1) or twelve (12) months, or as otherwise available at Website at the time of the subscription, or upgraded to a higher version or to a longer billing period at any time.
  3. Every subscription works under the cancellation and renewal policy. Whereas the original subscription is cancelled and then the Customer renews it on the same or lower version or same or lower billing period, the renewed subscription will include an additional renewal fee of forty percent (40%) for one months’ billing period or thirty percent (30%) for twelve months’ billing period, for every billing period within the renewed subscription.

  4. 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 Website.

  5. Depending on the support subscription version, 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, installation service, Elasticsearch engine installation service, configuration service, updates installation service, screen sharing, and video calls for configuration questions and preliminary technical investigation.
  6. All Support Services are provided on-demand basis only, where the Customer is required to submit a corresponding request by means of Amasty’s web-based helpdesk system as stipulated in clause 3.8.1 of this Agreement.

  7. Amasty provides limited Support Services for Vendor Software purchased at 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.

  8. For avoidance of doubt, the following means of communication shall be available to Customers for Support Services, unless otherwise offered at 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 Website. In this case, a ticket in the helpdesk system shall be automatically created and communication henceforth will be held accordingly.
    5. Slack Channel. In case such option is available in accordance with the Customer’s support subscription version, the Customer may submit a request to the corresponding Slack Channel. Amasty support agents may address the request in the Slack Channel or create a support ticket in the helpdesk system and redirect the communication with the Customer accordingly in case the particular request requires so.
    6. Google Meets. Shall at all times remain the preferable way for screensharing sessions and video calls. In case such option is available in accordance with the Customer’s support subscription version, the Customer may submit a request to Amasty’s web-based helpdesk system for a screen sharing session or a video call to discuss steps to reproduce the issue, to provide and confirm credentials with Amasty Support Team. Amasty support agents address the request by suggesting the available time slots within Amasty working schedule and arranging the meeting by sending an invitation to Customer’s email containing the date, time, and link to connect to the video call.
  9. Amasty reserves the right to set and unilaterally change certain publicly available SLA for first and consequent replies. For the avoidance of doubt, the publicly available SLA’s do not warrant 100% compliance of such SLAs, are approximate and exist for informative purposes only.
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. If the Customer fails to provide such additional data, Amasty has the right to refuse to deliver Support Services as specified in clause 4.7.

  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. Download a copy of current configuration settings of Amasty extensions, including such information as the list of extensions installed, current Magento version and edition, current PHP version;
    3. 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;
    4. In case the development environment of the Customer is available, to switch between the modes (default, development, production) as the situation requires;
    5. 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;
    6. 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.
  8. The Customer acknowledges that the provision of certain services, including but not limited to installation, configuration, Elasticsearch engine installation, updates installation services, shall only be provided in case the Customer submits respective access credentials to development and/or production environment.
  9. The Customer agrees and accepts that Support Services, including but not limited to installation, configuration, Elasticsearch engine installation, updates installation services shall not be provided in cases including but not limited to the following:

    1. The version of Magento/PHP installed on Customer’s development and/or production environment(s) is outdated and in not explicitly supported by Amasty;

    2. The Customer requests to install/configure any other version of Software other than the latest;
    3. The Customer’s environment(s) and/or Software and/or third-party software contain any form of customization(s);
    4. The Customer requires to install patches, custom developed code;
    5. The Customer requires to uninstall Amasty Software;
    6. The Customer requires to install Magento version/PHP version updates.
Term and Termination
  1. This Agreement comes into effect as of the date the product subscription or respective support subscription is acquired and remains effective until terminated by the cancellation or non-renewal of the subscription, 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 constitutes an integral part of Website Terms.
  3. The terms defined in the Amasty Terms and Conditions have the same meaning in the Agreement. In case of conflicting regulations relating to Support Services imposed by this Agreement and Website Terms, the Agreement shall prevail.

  4. Amasty reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on www.amasty.com.

  5. For the avoidance of doubt, all issues arising from indemnification, keeping of the confidentiality, restrictions, limitation of liability applicable law and dispute resolution are resolved on the basis of the relevant sections of the Amasty Terms and Conditions.
The last update of the document was on July 4th, 2022.
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