Defined Terms. Unless otherwise defined herein, defined terms shall have the meaning in the applicable BOMGAR SOFTWARE LICENSE AGREEMENT.
Scope of Support Services. The Support Services will include the following: (i) access to the current online and print Documentation; (ii) on a periodic basis, Bomgar may provide available Upgrades to the Bomgar Software as they are available; (iii) Bomgar shall maintain telephone number(s) which designated employees of Customer may use to obtain information regarding the operation of the Bomgar Software and/or Hardware during times specified by Bomgar which are listed below; (iv) Customer may use to obtain information regarding the operation of the Software and/or Hardware during times specified by Licensor which are currently Monday – Friday 2:00 a.m. - 7:00 p.m. C.S.T. Additional information regarding Bomgar’s general support service can be found on Bomgar’s online support portal.
Bomgar shall correct errors in the Software, and/or repair or replace (as Bomgar determines in its discretion) defective Hardware unless it is determined that one of the following is applicable: (A) Customer fails to provide written notice to Bomgar within twenty (20) days of any defect in the Bomgar Software and/or Hardware, as applicable; (B) Customer modifies or attempts to modify the Bomgar Software and/or Hardware, as applicable; (C) the Bomgar Software and/or Hardware is operated under improper or unsafe environmental conditions or subjected to improper use, including, but not limited to, use by untrained operators (D) Your failure to upgrade the Bomgar Software with new versions of it in substitution for previous releases when recommended to do so by Bomgar (E) Your failure to implement recommendations previously provided by Bomgar in relation to the use of the Bomgar Software (F) The use combination or integration of the Bomgar Software with Hardware, Software and or Technology not provided or otherwise approved by Bomgar. Any repairs or corrections for difficulties or defects necessitated and traceable to Customer's errors or Bomgar Software or Hardware changes by Customer, including but not limited to the above, shall not be included as Support Services, but rather shall be billed to Customer at Bomgar’s normal hourly rate then existing for such services.
Bomgar shall not be obligated to repair or replace Hardware if: (i) Customer’s Hardware is three years old or older, or (ii) three years has passed from the delivery date of the original Hardware to Customer. In the event of a Hardware failure not excluded under this section, Bomgar may make available to Customer a temporary access license to Bomgar’s hosted Software service for purposes of continuity while Customer's Hardware is being repaired or replaced.
Support Services do not include onsite service visits by Bomgar at Customer's location. Bomgar may perform services other than the Support Service(s) as requested and approved by Customer. In exchange for such additional services, Customer agrees to pay Bomgar its normal hourly rates then existing for such services. In addition to the hourly rates, Customer shall reimburse Bomgar for shipping, travel, living, and out-of-pocket expenses reasonably incurred in conjunction with the rendering of additional services hereunder.
Bomgar reserves the right to make automatic updates to the Software to address critical updates.
Bomgar Corporation reserves the right to alter, modify, revise, and/or update this link and/or the scope of support services in its discretion.