Technical Support – Terms and Conditions

Registration

In some cases, Chax Software, Inc.(CHAX) Technical Support requires a registered product serial number when you access Chax’s one-to-one support offerings (for example, web chat-case submission or telephone support). If you have not yet registered your product, please contact CHAX Software, Inc. customer service.

Supported Products and Versions

CHAX 10.0 or newer
MultiCHAX 8.0 or newer

Definitions of Support

Incident

CHAX defines a single support incident as an issue that focuses on one aspect of the product. (For example, the use of a specific documented feature of the product or assistance with a specific problem or error message.) While this issue can involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident can involve multiple phone calls, e-mails, and off-line research. CHAX Support consultants are responsible for determining what characterizes a support incident. Customers are eligible for a refund on single incident charges for product defects and documentation errors.

Product defect

CHAX defines a product defect as a technical aspect or functionality of a product that doesn’t execute and deliver results as documented in the supplied documentation. Unforeseen behavior that can be out of the way to a user’s specific configuration or environment does not constitute a product defect. CHAX Technical Support can provide troubleshooting suggestions for unexpected behavior in these cases. However, CHAX is not responsible for the resolution of any such behavior. An issue recognizes as a product defect only after it has been reproduced in steps refer by the customer and confirm by a CHAX Support consultant.

Documentation error

CHAX defines a documentation error as inaccurate information or instruction provided in the documentation accompanying the product. Accompanying documentation includes user manuals, Release notes, ReadMe files, and CHAX product support site document and TechNotes.

Installation

CHAX defines installation as the process in which the product installation program pulls out from a CD, diskette, executable, or network drive onto a single computer’s hard drive. Then, the setup program is run to completion in accordance with permit installation instructions. A completed installation is determined by the successful first run of the CHAX application. Standard installation does not include network installations, silent installs to a network environment, database configuration, and clustering, distributed set up of servers, and or similar activities.

Network configuration and deployment

CHAX supports the installation and deployment of CHAX software on technologies certified by CHAX.

Product features and how to’s
CHAX supports product use, including commands, menu choices, and core features outlined in the User Guide and online Help.
Resolution of issues
Once an issue is accepted as being within the extent of technical support (as described at the top of this page), resolution of a technical support issue is defined as accomplishing any one of the following:

  • Providing a reasonable solution to the issue
  • Providing a reasonable work-around to the issue
  • Determination by CHAX that the issue is an enhancement request and forwarding the request to CHAX Product Management for future consideration
  • Escalation by CHAX Technical Support of the incident/product defect to CHAX Engineering for review.

CHAX Technical Support makes reasonable efforts to resolve the issue but CHAX cannot guarantee that every issue can be resolved.

Terms and Conditions of Support Plan Offerings for Customers

MultiCHAX® Program Service Agreement

This Agreement is between Chax, Inc.and Customer ordering the CHAX® Bronze Support Program (“Support Program”). If the Customer is resident in the United States, Canada, or Mexico or between CHAX Systems Software Ireland Limited and Customer if Customer is resident in any other country. The two CHAX entities shall be referred to collectively as “CHAX”.

The customer hereby agrees that the following terms and conditions shall govern the delivery of support services by CHAX to Customer under the Support Program with respect to applicable registered CHAX products (“Products”) and were indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 4 below, ordering the Support Program indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of the Customer’s order by CHAX.

Services. 

CHAX will provide Customer support services (“Support Services”) described at www.chax.com (the “Support Site”). Such descriptions, as may amend from time to time, deem to be part of this Service Agreement. The CHAX software products for Annual Support is available on the Support Site.

Restrictions.

CHAX may limit or terminate the Support Services being provided if the Customer uses the Support Services in an abusive or fraudulent manner, as determined by CHAX in its reasonable discretion. Resale, assignment, and transfer of ownership are strictly prohibited and will be grounds for termination of the Support Terms. CHAX will only provide Support Services for Products that are properly registered with CHAX as documented on the Support Site.

A single support incident will be restricted to support an issue that focuses on one aspect of the product – e.g. use of a specific documented feature of the product or assistance with a specific problem or error message. While this issue may involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident may involve multiple phone calls, emails, and off-line research. CHAX Support Engineers are responsible for determining what characterizes a single support incident and communicating this to the Customer. CHAX Support Engineers will make reasonable efforts in resolving the issue. But CHAX cannot guarantee that every issue will be resolved.

Exclusions.

CHAX shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products available or to the computer on which the Products install; (iii) Customer’s negligence, misuse, or modification of the Products.

(iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x) for a period of 90 days beyond the release of a new version. CHAX shall also not require to provide any Support Services for Products that are no longer enter on the Support Site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support Site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been CHAX certified.

Term and Termination. 

Absent early termination for the reasons stated herein, this Service Agreement shall have a term of one from the Commencement Date when purchased directly through a CHAX call center or one year from the 1st of the following month established by the Commencement Date when purchased from a CHAX on-line store.

Notwithstanding anything to the contrary herein, these Support Terms may terminate by CHAX for the failure of Customer to pay CHAX the Annual Support Fee if such failure to pay continues for ten (10) days after CHAX gives Customer written notice of such failure. CHAX may also terminate these Support Terms if Customer materially breaches the terms of these Support Terms and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end-user license agreement applicable to the Software End User Licensing Agreement shall be grounds for immediate termination.

Software Support Service

Customer acknowledges that CHAX has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that CHAX agrees not to discontinue the Support Services for the Software during the current annual term of this Service Agreement, subject to the termination provisions herein. CHAX reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for CHAX; (iii) materially diminished rights of Customer, or (iv) higher Annual Support Fees during the then-current term. CHAX shall provide Customer with thirty (30) days prior written notice of any permitted material. Changes to these Support Services contemplated herein.

Support Activation.

All Support Programs purchased from a CHAX online store or through the CHAX Open Options program. Must be activated by calling CHAX within thirty (30) days of the Commencement Date. Activation instructions and contact information can be establish at www.chax.com. Activation requires that the customer provides serial numbers of the licenses. And names of authorized contacts that will be using the support program. Upon activation, CHAX will send the customer a welcome letter. Outlining how to access CHAX person-to-person phone and eCase technical support. CHAX Support Programs that are not active will expire one year from the Commencement Date. As described in section four (4) above.

Renewals. Annual support is finance upfront and will expire one year from the commencement date

Warranty and Disclaimer.

CHAX will use commercially reasonable efforts to provide the Support Services in a professional manner. But CHAX cannot guarantee that every question or problem raised by the Customer can or will be resolved. Nothing in this Service Agreement shall analyze as expanding or adding to the warranty. For the Software set forth in the Product End User License Agreement or any other agreement with CHAX.

EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO CUSTOMER IN ITS JURISDICTION, CHAX MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. CHAX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.

CHAX’S LIABILITY UNDER THIS SERVICE AGREEMENT IS LEAN TO THE AMOUNTS PAID BY CUSTOMER. FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL CHAX HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES. INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. MOREOVER, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS. ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY. WHETHER OR NOT CHAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

General.

This Service Agreement may not assign by the Customer. Any assignment in violation of the foregoing shall be null and void. Also, this Service Agreement supersedes all other written and oral proposals, purchase orders, prior agreements. Moreover, other communications between Customer and CHAX concerning the subject matter hereof and constitutes the entire agreement between CHAX and Customer regarding the provision of Support Services (i) However, this Service Agreement shall govern by the laws of the State of Nevada without reference to conflict of law principles; and (ii) Customer consents to the personal jurisdiction of the state and federal courts located in Las Vegas, Nevada.