The use of services from Swan Systems Company constitutes an agreement to these terms. (“Swan", "The Company", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is using our service(s) or product(s).
IT SUPPORT (“TECHNICAL SUPPORT”)
Swan agrees to provide its customers with technical support twenty four hours per day every day of the year, if the customer purchased the 24/7 administration add-on. Otherwise Swan will support the customer 8 hours a day depends on the customer working hours.
When opening a trouble ticket, the Customer may select a priority level ranging from low to critical.
The level of the ticket priority will determine Swan minimum response time.
Customers should select the appropriate priority level for each ticket.
Swan may change the ticket priority if the problem doesn`t match the priority listed below:
Critical Priority (guaranteed response time within 1 hour). Critical production problems which could seriously affect the customer`s production systems, or in which customer production systems are down or not functioning, or loss of production data and no procedural restore exists.
Urgent Priority (guaranteed response time within 2 hours). Problem in which the customer`s production system is disrupted, but functioning at capacity to remain productive and maintain necessary business-level operations. Urgent Priority problems also include issues that result in an emergency condition that cause a serious security breach.
Normal Priority (guaranteed response time within 8 hours). Medium-to-low business impact problem which causes partial non-critical functionality loss. This kind of problem impairs some operations, but allows the client to continue to function. This may be a minor issue with limited loss or no loss of functionality or impact to the customer's operation and issues in which there is an easy circumvention or avoidance by the end user.
Low Priority (guaranteed response time within 24 hours). Includes general usage questions, recommendations for future service enhancements or modifications. There is no impact on the quality, performance or functionality of the customer's production system.
Customer must open unique tickets for each technical support issue per device.
Swan guarantees the processing of requests by the order of their arrival according to their priority levels.
Swan ensures the simultaneous processing of work on one ticket, created for each maintained unit, on the condition that the Customer created no more than 4 tickets at the same time.
Swan is not in charge of the equipment that is not included in the technical support plan, but functionally bound to the equipment comprised in this plan.
Swan is absolved from any responsibility regarding the failures during the operation of the equipment that is included in the technical support subscriber plan, in case the failures were caused by an equipment that is not comprised in the above mentioned plan.
In order to have a minimal negative impact upon the equipment not included in the technical support subscriber plan, the Client must submit detailed instructions referring to the actions allowable and not allowable in the servicing of the equipment included in the support plan undertook by Swan personnel. These instructions must be provided in the corresponding technical support request (ticket).
Swan provides a qualitative technical support for the OS and software, included in the list for the supported OS and software (as shown in the sections below).
The technical support of ОS and software that are not included in the list mentioned above can be performed only on the basis of a preliminary agreement with Swan following the best effort principle.
Swan assumes the right to request some additional information/instructions regarding the Client’s OS and software functioning, in case such a necessity occurs and it is based on objective reasons. The given request can be put into effect via Helpdesk system. In case of any urgency Swan staff can additionally repeat this request using LiveChat of or by phone. It is advisable for The Customer to provide Swan the required information/instructions using the Helpdesk system.
Swan is not liable for ensuring sustainability in the Customer's ОS and software in the cases when the Customer carries out some technical works on this equipment without preliminary informing Swan technical support team about the character and the volume of the works performed.
The proper support channels are:
c. Phone support (see the Technical Support phone numbers)
THE TERMS OF THIS AGREEMENT ARE VALID ONLY IF YOU USE THE PROPER SUPPORT CHANNELS.
All the emails or different requests to alternate support channels are treated as low priority requests.
Asking for emergency support or putting “urgent” in a subject line will not raise the priority of your request.
To open an emergency/critical support issue, you are advised to make use of the critical Tickets instead.
You can find below the list of supported OS :
RedHat Enterprise Linux
Windows 2003 Server and above
Other OS: please, send a request to our sales department (sales@Swanis.com) to know if we support your OS
Web servers: Apache and IIS
DB servers: MySQL, Microsoft SQL Server
DNS: Microsoft Windows Server DNS
MTA: Outlook, thunderbird, and others.
POP/IMAP servers: MS exchange, hMail server, RHEL Mail Server
FTP: FileZilla, Microsoft FTP, and others
Virtualization software: Xen, VMware vSphere, HyperV, RHEL Virtualization
VoIP software: Asterisk, FreePBX (and derivatives, trixbox, elastix, flashpbx), Avaya
Backup software: HP Data protector, Acronis
Infrastructure management: SolarWinds, CA Spectrum, CA PM, Zabbix
Other software: please, send a request to our sales department (sales@Swanis.com) to know if we support your OS
SERVER AND SERVICES MONITORING
Swan will monitor server and services: ping, http, https, smtp, ftp, ssh, dns, disk usage, swap, memory, cpu load, raid status (if possible), processes monitoring, MySQL, PostgreSQl, MSSQL and any other service, per Client request. Monitoring is done 24/7/365 in 10-20 minute intervals.
Monitoring of the equipment/services is carried out exclusively for the equipment comprised in the technical support plan, including the monitoring subscriptions. The monitoring of the equipment sustained on a ticket basis is not available, unless the customer purchases the 24/7 monitoring add-on. Please contact our sales department (sales@Swanis.com).
Proactive monitoring is carried out only for the equipment included in the technical support plan subscriptions granting a predefined amount of time and technical support. Proactive monitoring is not included in (per ticket plans) by default.
Development and Implementation of the Technical Projects
The development and implementation of the technical projects stands for the creation/altering of the informational infrastructure of the Customer performed as a one-time service. The project development and implementation requires mainly the involvement of Senior System Engineers, System Architects and Key Account Engineer.
The development and implementation of the projects is carried out on the basis of the Technical Specification, offered by the Customer. TS can be specified and altered during the process of interaction between Swan and the Customer. Interaction between Customer and Swan is made possible by the use of the Helpdesk system. The final TS must be approved by both Swan and the Customer in the corresponding ticket.
The development of the project begins only after the Customer performs the payment of a necessary minimum sum in advance (not less than 20% of the estimated total price of the project). Swan is not in charge of the situation when the project development/implementation services are performed poorly as a result of the Customer's failure to submit the TS or submitting it in an incomplete/inaccurate form.
Project development and implementation based on (pay as you go) subscriptions is not allowed.
The beginning, total duration and schedule of project development and implementation, as well as the terms of payment are discussed and confirmed in advance by the Parties.
Swan will correct any security issues relating to the OS. Security issues arising from user installed software, such as third party software, web scripts, or other tools, are not covered by the support plan. Assistance in securing these items can be provided at an additional charge after prior coordination with the Swan's Technical Department.
Swan shall not be responsible for the following:
a. Liaising with billing and/or accounting matters related to payment for software, licenses, Services or other items unless directly provided by or acquired for Customer by Swan.
b. Fixing errors and omissions contained in any third-party source outside the direct control of Swan, unless otherwise specified.
Staff Leasing Services
Swan shall, during the Term (as defined below) provide to the Customer outsourced customer support services described below (the "Support Services"), at such times as defined in the outsource support service's descriptions.
a. Providing ticket based helpdesk support services on a per ticket arrangement.
b. Providing live chat operators to provide instant support services.
c. Providing dedicated staff members to work directly for the Customer and provide support services solely to them during specific hours.
d. Providing level one and level two support services to Customers' end users.
Swan shall not be responsible for the following:
a. Providing level three services, unless Swan is also the Customers' server administration service provider. Level three tickets will be escalated to Customers' admin team.
Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. Swan agrees to provide a guaranteed response time of 30 minutes for all support tickets. Refunds / credits will be provided at the sole discretion of Swan, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Swan will not be considered sufficient grounds for refunds / credits.
Payments and Fees
Establishment of support and administrative services is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Customer agrees that The Company automatically charges customer’s credit card, check or Paypal account every month. For prepaid services, the term shall terminate when credit is no longer sufficient to pay for services.
Swan generates and sends all invoices 5 days in advance of the due date. You are responsible to pay any payments and fees by the due date.
Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future invoices including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle, and will be billed on the anniversary date of each month.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as software development projects and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Late Fees: Clients have the option to pay an invoice at any time by logging into the website and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 3 days (the grace period), the service is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Swan.
Failure to Pay:
Swan may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 7 days past due.
Swan will not be responsible for any damages your business may suffer because of your failure to make payment. Swan makes no warranties of any kind, expressed or implied, for the services we provide.
All services require a 48 hour notice before the due date of the next invoice in order to cancel the service. All cancellations must be made through our Service Cancellation Request Form. All requests are manually reviewed and processed by our staff. If any of the information supplied in the form does not match your account records, we will contact you via email to confirm the correct details. Your account is not canceled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.
If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.
Swan has a zero tolerance policy for abusive language and/or abusive behavior towards our company, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination. Threats to sue, slander, libel, etc. will all be considered abuse.
Refusal of Service
Swan reserves the right to refuse, cancel, or suspend service at our sole discretion. Swan will not be responsible for any damages your business may suffer because of this circumstance, and Swan makes no warranties of any kind, expressed or implied, for services we provide.
Swan shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Swan ’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Swan makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Swan or its agents or employees shall create a warranty. Swan provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Swan be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.
Customer agrees that it shall defend, indemnify, save and hold Swan harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Swan, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Swan against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Swan’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from Swan's server.
Swan will not be responsible for any damages your business may suffer. Swan makes no warranties of any kind, expressed or implied, for services we provide. Swan disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Swan and its employees.
Revisions of Terms of Service
Swan reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall Swan or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.