Support Services Policy

You should read and print this service agreement for your records.

This service agreement (“Service Agreement”) applies to Support Services (defined below) and is entered into by and between the customer using the Support Services (“you” or “your”) and Dezrez (“we,” “us” or “our”) (you and us, each, a “Party” and, collectively, the “Parties”). This Service Agreement does not apply to any professional services (i.e., support or consulting) offered or provided to enterprise customers (e.g., subject to a Dezrez Business and Services Agreement, or other Dezrez enterprise products or services agreement).

By purchasing or using the Support Services, you accept this Service Agreement. Your use of the Support Services, if provided on or in connection with a Dezrez website, is also subject to that website’s terms (e.g. Terms of Use , Privacy Statement, etc., collectively referred to as “TOU”) and any other policies on that website. The Service Agreement and TOU, if applicable, constitute the entire agreement between you and Dezrez with respect to the Support Services. These Service Agreement terms supersede any others in the event of a conflict.

Dezrez reserves the right at any time in its sole discretion to change the Support Services and this Service Agreement. If changes increase the price or materially decrease the level of Support Services purchased, 30 days’ email notice will be provided. Your use of the Support Services after the effective date of any change constitutes your acceptance of the changed Support Services and Service Agreement. For more information on our support announcements please follow this link https://www.dezrez.co.uk/requirements/lifecycle-notices

ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.

THE SUPPORT SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT AND ANY APPLICABLE TOU ONLY, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH DEZREZ. YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS SERVICE AGREEMENT.

Support Services

Dezrez offer methods which connect you with support agents for help with using Dezrez products (“Support Services”). Support Services may be included as part of your active licensed product or purchased (e.g. as a one-time pay-per-incident service (“PPI Service”), or a subscription programme), but exclude any professional services (i.e. support or consulting) offered or provided to enterprise customers (e.g. subject to a Dezrez Business and Services Agreement, or other Dezrez enterprise products or services agreement).

Consent for Remotely Based or Data-Connected Services.
The software used with the Support Services may connect to Dezrez and other service providers over a data connection (e.g. the internet or a wireless carrier). In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.
Misuse of Remotely Based or Data-Connected Services.
You may not use the Support Services in any way that could harm Dezrez, its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorised access to any service, data, account or network by any means.
Cooperation and Supportability.
Dezrez’s ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. You must have an active subscription with a device that meet(s) the applicable Minimum Requirements  before Dezrez can provide the Support Services. Dezrez reserves the right to cancel the Support Services without refund due to problems with your device, your system requirements, or configuration, or for any other reason beyond our control that makes providing the Support Services impossible or impractical.
Subscription.
The Support Services may be available through a subscription program. If you enrol in a subscription program for the Support Services, the subscription is valid for the entire agency whilst an active software subscription is in place. You may not share or sell your subscription. You are responsible for any activities that occur under your subscription.
PPI Service.
Support Services may be available as a one-time pay-per-incident service (“PPI Service”) for a one-time support service on an individual instance for a fixed fee.
Data Backup.
You understand that data can be inadvertently lost, corrupted or breached, and agree that you are wholly responsible for the backup of any and all data, software, information or other files stored on your device, including all disks and drives, or other associated devices (collectively, “Your Data”) before receiving the Support Services. You further understand and agree that Dezrez may need to transfer Your Data, including any confidential, proprietary and personal information stored on your device, to third party service providers to perform the Support Services. Any transfer will be done in accordance with our Privacy Statement. To the maximum extent permitted by law, Dezrez is not responsible or liable for any disclosure, loss or corruption of Your Data.
Remote Access
To provide the Support Services, Dezrez may connect remotely to your device which allows us to access and control your device, view your device screen, install software and change settings on your device. We may ask you to download or accept Dezrez or third-party software licensing terms to establish the remote connection. You are responsible for any download charges that may apply and for paying the fees charged by your data connection provider(s) (e.g. via internet, Wi-Fi or mobile provider). Those fees are in addition to any fees you pay us for the Support Services and we will not reimburse you for them.

We may run diagnostic tools on your device to determine whether it meets the minimum system requirements for us to perform certain Support Services, such as upgrades. You must agree to this step for us to provide those Support Services. If we are unable to establish a remote access connection to your device or complete any of the above steps, we may not be able to provide the Support Services.
Software Installations/End-User License Agreements/Authority.
If the Support Service includes software installations, regardless of whether the software is provided by Dezrez or a third-party software provider, you must have your software and software product keys available before the installation. By providing Dezrez with information, software or applications to install or transfer on your behalf, you acknowledge that you have the right to authorise Dezrez to take such action. You understand and acknowledge that Dezrez may need to accept End-User License Agreements (“EULAs”) on your behalf for such software installations and you agree to comply with any such EULAs. You assume sole responsibility if you decide not to review it. You understand and agree that Dezrez does not control the terms of any third party EULAs and will not review such EULAs prior to accepting them on your behalf.
Support Services Subscription Cancellation.

Dezrez reserves the right, in its sole discretion, to terminate your subscription for Support Services without notice if your payment is not made on time, you violate this Service Agreement, or we determine that the subscription was used by someone else or for support on someone else’s device. We may also terminate the Support Services or your subscription if we determine that you are ineligible to receive the Support Services.

Billing, Payment History and Errors

Billing Information.

By providing Dezrez with payment information, you

(i) acknowledge that you are authorised to use the payment method,

(ii) acknowledge that all payment information is accurate, and

(iii) authorise Dezrez to charge you for the Support Services using your payment method.

We may bill you

(a) in advance;

(b) at the time of purchase;

(d) on a recurring basis for your Support Services subscription. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

Payment History and Errors.
It is your responsibility to review your payment history and notify us of any errors or unauthorised charges. You must contact us within 60 days after any erroneous or unauthorised charge first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the erroneous or unauthorised charge and we won't be required to correct the error or provide a refund. If Dezrez identifies a billing error, we will correct it within 90 days.

Links to Third-Party Sites

If you are presented with a link to a third-party website while receiving the Support Services (whether the link is provided by Dezrez or embedded in the website on which you receive the Support Services or otherwise), you acknowledge that these links are provided for your ease of reference and convenience only, that the linked sites are not under Dezrez’s control and Dezrez is not responsible for the contents of any link or linked site or any changes or updates to linked sites. Provision of linked sites does not constitute endorsement of any kind of material they contain or any association with their operators. Dezrez is not responsible for webcasting or any other form of transmission received from any linked site.

Notices

Notices emailed to you will be deemed given and received when the email is sent.

No Warranty, Limitation of Remedies

NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPPORT SERVICES ARE PROVIDED “AS IS” AND DEZREZ DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SUPPORT SERVICES, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS OR INFORMATION WE PROVIDE.
LIMITATION OF REMEDIES.

If the law provides any implied warranties despite the exclusions and limitations in this Service Agreement, your remedies are limited as determined by us, in the case of Support Services, to either:

performance of the Support Services, or
a refund of the price you paid (if any) for the Support Services.

This is your only remedy for a breach of warranty or condition, even if the remedy fails of its essential purpose.

Unless the law mandates otherwise, we will determine the order in which these limited remedies are provided. You may have additional consumer rights under the law which this Service Agreement cannot change.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM DEZREZ AND ITS VENDORS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SUPPORT SERVICES (OR UP TO £5.00 GBP IF THE SUPPORT SERVICES WERE FREE); AND
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT DEZREZ PROVIDES, EVEN IF DEZREZ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE FORESEEABLE.

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND ARE LIABLE FOR ANY RESULTING DAMAGE TO THE MAXIMUM EXTENT THE LAW PERMITS.

Contracting Party, Governing Law, and Location for Resolving Disputes

You are contracting with Dezrez Services Limited, Ethos Building, Kings Road, Swansea SA1 8DE. Wales. United Kingdom (Companies Registration number 03766129, VAT registration number: 282705592. The laws of United Kingdom govern the interpretation of this Service Agreement and claims for breach of it, regardless of conflict of laws principles. The laws of the country where you live govern all other claims. You and we irrevocably agree to the exclusive jurisdiction and venue of the United Kingdom courts for all disputes arising out of or relating to this Service Agreement or the Support Services.

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