Terms and Conditions of NetGovern Inc.
- How we may share or disclose your personal information
- How we may collect data while NetGovern products are in use
- What cookies and web beacons are and how we and others use them
- What internet protocol addresses are
- Collection of information by third-party sites and sponsors
- How we secure and store your information
- What choices do we give you, and how can you correct or review your personal information
- How to contact us
The Information We Collect
NetGovern collects certain personal information when you register with NetGovern, request information, or when you use NetGovern products or services. In registering with NetGovern or requesting information, you may provide us with a password, your real name, industry, organization name, job role, and contact information, such as e-mail address, phone number, and shipping address. We may also collect your product registration information, product interest information, transaction information, or demographic information. We may collect payment information such as your credit card number and billing address if you purchase or license products and services from us. If you connect with NetGovern accounts on third party social networking sites, we may also collect information about your social networking accounts, for example, your name, user name or handle, public profile, and email address. We may also combine information you provide with data we collect automatically (as further described below) and with data we receive from third parties.
When using NetGovern products, you are automatically allowing NetGovern to collect anonymous data via telemetry. With our telemetry feature enabled, information is collected for the purpose of; analyzing the interaction with and performance of NetGovern products; improving NetGovern operations, systems, and products, and enhancing the NetGovern Support services offered. With telemetry, we collect information concerning product activity, which includes monitoring user involvement, analyzing preferred systems and functions, supervising system functions and operations, in addition to tracking performance and activity metrics. The information collected allows NetGovern to assess desired product improvements, analyze product endurance, and ensure product reliability. Telemetry does not collect any user related information, and may be disabled.
Certain third parties, including analytics companies, advertisers and ad networks, may also automatically collect information about you through our Sites, using cookies and device identifiers, including personally identifiable information about your online activities over time and across different websites, devices, online channels and applications when you use our Sites.
How We Use Your Information
Provide and deliver products or services you’ve requested, including software updates;
- Operate and improve our internal operations, systems, products, and services;
- Understand you and your preferences to enhance your experience;
- Respond to your comments and questions and provide customer service;
- Send you service-related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- Communicate with you and your referrals about promotions, upcoming events, and news about products and services offered by Netmail and our selected partners;
- Link or combine information about you with other personal information we get from third parties, to help understand your needs and provide you with better and more personalized service;
- Enforce our terms and conditions or protect our business, partners, or users;
- Protect against, investigate, and deter fraudulent, unauthorized, or illegal activity.
How We May Share or Disclose Your Information
If you do not wish for NetGovern to receive anonymous data collected for the purpose of optimizing products and services, you can disable telemetry. Contact NetGovern Support for assistance.
NetGovern does not rent, sell, or share PII (Personally Identifiable Information) about you with other people or nonaffiliated companies, except under the following circumstances:
When we have your permission.
- We may provide PII to trusted partners who work on behalf of or with NetGovern to provide us with services. For example, these companies may use your PII to help NetGovern communicate with you about offers from NetGovern and our marketing partners. NetGovern maintains contracts with these companies restricting their access, use and disclosure of personal data in compliance with this Policy obligation and NetGovern may be liable if they fail to meet those obligations and we are responsible for the event giving rise to the damage.
- We may disclose PII to comply with laws or in response to legal process, for example, in response to a court order or a subpoena. We also may disclose PII in response to a law enforcement agency's request, or where we believe it is necessary to investigate, verify, prevent, enforce compliance with, or take action regarding: illegal or suspected illegal activities; suspected fraud; situations involving potential threats to the physical safety of any person; protection of the rights and property of NetGovern, our agents, customers, or others; or violations or suspected violations of our agreements, policies, Terms of Service or End User License Agreements (EULA); or as otherwise required or permitted by law or consistent with legal requirements. We reserve the right to transfer or disclose PII in our system in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or other proceeding involving sale, transfer, divestiture or assignment of all or a portion of our business or assets to a different entity.
- Finally, we may also share aggregated, anonymized or statistical information about you, including demographics data, with others for a variety of purposes, including for their own uses, for example, for improving their products and services for NetGovern and others.
What Cookies Are and How We and Others Use Them
“Cookies” are small text files that we and others may place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any PII. From time to time, we partner with third parties who may place cookies on your browser when you visit our Sites, may send their own cookies to your cookie file, and may use those cookies to track and collect information about you and your online activities over time and across different websites, devices, and applications and to provide targeted advertising based on your interests and previous browsing history.
What Internet Protocol Addresses Are
Collection of Information by Third-Party Sites and Sponsors
Our Site contains third party sites linked from our Site to other Web sites, including those of our partners and sponsors, whose information practices may be different from ours. Sometimes these third party websites might conduct contests or sweepstakes and other activities that are promoted on our Site and visitors are directed away from our Site in order to participate in such activities.
You may also connect to third party services to share your information on and through their social media platforms, websites, applications, and services through “plug-ins,” widgets, buttons, and other third party features on and connected with our Sites.
How We Secure and Store Your Information
We have put in place reasonable and appropriate physical, electronic, and managerial procedures in an effort to help safeguard information we collect through our Sites. However, you should know that no company, including NetGovern, can fully eliminate security risks associated with PII. To help protect yourself, please use a strong password, do not use the same passwords to access your NetGovern accounts that you use with other accounts or services, and protect your user names and passwords to help prevent others from accessing your accounts and services.
What Choices Do We Give You and How Can You Correct or Review Your Personal Information
Our marketing emails tell you how to "opt-out" of receiving further marketing emails. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you, and, as allowed by applicable law, requests for your participation in surveys. You may also contact us firstname.lastname@example.org at any time to let us know that you no longer wish to receive further marketing emails.
Upon request, we will provide an individual with access to identifying information that we have collected about them (provided that they have given adequate proof of identity). We also offer individuals the ability to have inaccuracies corrected within their contact information. You may also request deletion of your PII. We will honor requests as required by law and subject to our business and legal needs to retain your data. These information requests can be made by sending us an e-mail through the e-mail link provided above or writing to us at the above mailing address.
When you use our Sites, you can usually choose to set your browser to remove cookies and to reject cookies from our servers. If you choose to remove cookies or reject cookies, this could affect certain features or services of our websites. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choices.
While we and others give you certain choices, as further outlined in this Policy, there are many ways that Web browser signals and similar mechanisms can indicate your choice to disable tracking, and we may not be aware of nor honor every mechanism.
Questions and Complaints
If you have questions or suggestions, please email Netmail at email@example.com. Written communication should be sent to NetGovern Inc., Attn: NetGovern Legal, 180 Peel Street, Suite 333, Montreal, QC, H3C 2G7.
The following agreement (the “Agreement”) is between NetGovern Inc. (also doing business as Netmail Inc.) and you, the Client, for cloud services (the “Services”) of any NetGovern product, whether or not the Services are provided through a third-party cloud infrastructure and/or managed by a third-party licensor.
The Services are offered on a per-user or per-mailbox basis for an initial period of one (1) year or otherwise defined in the sales proposal. Thereafter, this Agreement automatically renews itself on the same terms and conditions unless one of the parties gives a different notice to the other party at least sixty (60) days in advance. By using the Services, the Client agrees to the terms and conditions hereinafter.
Service Level Agreement (SLA)
The Services will be available and operational to the Client with an uptime guarantee (the “SLA Target”) of at least 99.9% of the time in any calendar month. If NetGovern fails to meet this SLA Target in any calendar month, and if the Client fulfills all obligations set forth in this Agreement, the Service fees for that month will be credited and refunded as a free one month extension to the original duration of the Agreement. If the uptime is less than 95% for any calendar month, then the Service fees for that month and all previous months since the beginning of the term will be credited and refunded as a free extension of the same duration to the original term of the Agreement. The Client agrees that this policy is the sole and exclusive remedies for not meeting the SLA Target. Scheduled or emergency maintenance and upgrades are excluded from downtime calculations, as are issues relating to end-user Internet connectivity or general Internet congestion.
Ownership, Confidentiality & Location of Data
The Client retains all title and rights to its data (the “Data”) stored in the cloud for the purposes of the Services. This Agreement does not grant NetGovern any right to the Data. The Client grants permission to NetGovern and its licensors to use the Data only as necessary to provide the Services. If the Client is using the Services on behalf of another party, it warrants that it has the authorization to do so. NetGovern will solely access the Data for the purposes of delivering the Services. Access to the data will be strictly limited to technicians who need such access in order to render the Services. NetGovern will not share, disclose, or make available any of the Data including email addresses to any third party except as required by law, regulation or court order. However, NetGovern may monitor the Services from time to time and use anonymized and aggregated information to improve the Services. NetGovern maintains industry best practices as well as commercially appropriate physical, administrative and technical safeguards to protect the Data. Passwords that allow the Client and its users to access the Data via the Services web-based interface are completely private. These passwords are not visible in the cloud infrastructure and are not known or accessible to NetGovern technicians. If the Client decides not to renew the Services, NetGovern will provide the Data back to the Client upon request for a nominal fee to cover the data center egress costs. Unless otherwise instructed by the Client within thirty (30) days after the termination of the Services, NetGovern will automatically and irrevocably destroy the Data and will only provide if duly requested a report confirming that such deletion has been made. By using the Services, the Client acknowledges that NetGovern can not be held responsible for any loss or damage in connection with such destruction of the Data. The Client hereby consents to the location and processing of Data in both Canada and the United States of America.
In cases where the Data are emails messages, the Clients warrants that these messages DO NOT:
- Use or contain invalid or forged headers;
- Use or contain domain names that are invalid or non-existent;
- Employ any technique to misrepresent, hide or otherwise obscure any information that identifies the point of origin or the transmission path;
- Use other means of deceptive addressing;
- Use a third party's internet domain name or equipment without its consent;
- Contain false or misleading information, in the subject line or otherwise;
- Be sent to an address obtained via any surreptitious methods such as harvesting;
- Be bulk or unsolicited email (spam).
NetGovern will not be held responsible if a Client's domain name is blocked by ISPs for sending spam.
For all types of data (including email messages), the Client warrants that the Data DOES NOT:
- Contain threatening, abusive, harassing, or defamatory material;
- Invade someone’s privacy or otherwise violate its legal rights;
- Contain vulgar, obscene, indecent or otherwise unlawful material;
- Infringe the intellectual property right(s) of a third party in any way;
- Contain viruses or malicious files;
- Compromise NetGovern’s infrastructure, or disable, overburden, impair the Services, or render them unusable for any other user.
In addition, the Client, warrants that the Data DOES NOT violate any applicable local, state, national or international law or regulation, in the Client’s country of residence (or recipient's in case of an email) nor any of the following laws or regulations:
- The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.);
- The U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227);
- the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note);
- The Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications');
- Regulations promulgated by the U.S. Securities Exchange Commission, and any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- The Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5);
- The Canada's Anti-Spam Legislation (CASL) (S.C. 2010, c. 23)
Violation of any of the prohibited uses above is a justifiable cause of immediate suspension of the Services provided.
Limitation of Liability
NetGovern is not responsible for unauthorized access or modification of the Data while in electronic transmission to or from the NetGovern cloud infrastructure on which the Services are rendered. NetGovern is not responsible for missing, corrupted or compromised information that results from incorrect transmission or misuse of the Services. NetGovern is not liable to compensate the Client for delay of service beyond the remedies outlined in the SLA terms above.
NetGovern will not be liable for any indirect, incidental or consequential damages of any type, including but not limited to any consequential, incidental, indirect or special damages or loss, lost profits or lost data, arising out of or in connection with this Agreement. Under no circumstances will NetGovern be liable to the Client for any amount in excess of the subscription fee for one year.
Delivery of the Services does not imply that NetGovern acknowledges that the Data complies with the requirements of this Agreement. Therefore, NetGovern disclaims all liability arising from any breach of the Client’s Data, or any civil or criminal offense brought against the Client in respect of any of the prohibited uses listed above.
1. AGREEMENT: The software is licensed, not sold. This agreement between NetGovern and your organization (herein “Licensee”) defines the terms and conditions of how the software may be used and the rights the Licensee is entitled to. The Annual Subscription fee is evidence of a grant by NetGovern for licensed usage of the software. If Licensee does not agree to the terms herein, promptly cease usage of the software and destroy all copies. NetGovern may terminate this agreement if Licensee fails to comply with the terms and conditions expressed herein. This agreement applies to evaluation versions of the software.
2. LICENSE: This commercial software is licensed based on “User Objects,” meaning a single physical person represented by a User Object (or any class of object that is similar) in any type of computer based Directory System – i.e. LDAP, Active Directory & eDirectory. Multiple User Objects that represent the same physical person within a single directory system count as one User. The nature of the software is that it performs a variety of management and automation actions that benefit end users (physical persons), even if those users do not directly use the software. Licensee must acquire a User Object license for each User that either a) makes use of, has data stored by, or has access rights to any element of storage or indexes that is managed or acted on by the software, or b) uses the Software executables directly in an Administrative, Support, or User capacity. Licensee must ensure that the software is only used for the number of licenses purchased. A single copy of the software may be made for archival purposes.
3. INTELLECTUAL PROPERTY: The software is protected by Canadian, United States and International copyright laws. Title and copyright to the software and accompanying documentation is owned by NetGovern or its partners. Licensee is prohibited from reverse engineering, decompiling, disassembling, attempting to discover or modify the underlying source code, modifying, translating, localizing, adapting, creating or preparing derivative works of, or creating a patent based on the functionality of the software. Licensee agrees all information regarding the functionality and performance of the software is confidential and cannot be used for any purpose not authorized herein or disclosed to any third party without written consent.
4. USAGE AND EXPORT RESTRICTIONS: The software can only be used for the purpose of managing the internal business operations of your organization and your affiliates. Your organization may not rent, lease, sell, assign, sublicense or otherwise transfer the software without the express written permission of NetGovern. The software may not be used to provide services as part of a fee-based offering without the express written consent of NetGovern. None of the software may be downloaded or otherwise exported to any country to which such export or transmission is restricted by any applicable Canadian or U.S. regulation or statute.
5. SUPPORT SERVICES: Use of support services is governed policies and programs described in the most current documentation and certain services are NOT included as part of the fee paid to license the software. Any information provided as part of these support services may be used to improve our support services and/or product development.
6. WARRANTY & RESTRICTIONS: NetGovern warrants that the software will perform substantially in accordance with the specifications in effect on the delivery date. The warranty covering the software is made for thirty (30) days from the delivery date. If critical defects are reported, NetGovern will correct such defects, and if unable to provide corrected software within a reasonable time, may choose to remedy this by refunding the license fee paid. NetGovern is not responsible, and will not provide warranty for problems caused by changes in the hardware, operating systems, improper resources, software alterations, or other system components which are deemed non-compliant, incompatible or outside industry approved specifications.
7. FITNESS FOR USE: The software is provided "AS IS” and NetGovern does not warrant that the software will meet Licensee's requirements or that the operation of the software will be uninterrupted, error-free or secure. In addition, security mechanisms that may be implemented by the software have inherent limitations, and Licensee must determine that the software sufficiently meets Licensee’s requirements. The software is not fault-tolerant and is not designed for use in hazardous environments where failure could lead directly to death, personal injury or severe material damage. NETGOVERN MAKES NO OTHER EXPRESS WARRANTY, AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS IS PROVIDED.
8. LIMITATION OF LIABILITY: NetGovern shall NOT be liable for special, indirect, incidental, or consequential damages, including lost profits or lost information, as Licensee is hereby advised of the possibility that such damages may occur. THE AGGREGATE LIABILITY OF NETGOVERN TO LICENSEE AND ANY RELATED PARTY CLAIMING FOR ANY DAMAGES RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO NETGOVERN BY LICENSEE FOR THE CURRENT ANNUAL PERIOD.
9. INTERNATIONAL COVENANTS: The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the United States of America, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is NetGovern Inc., 180 Peel Street, Suite 333, Montreal, QC, H3C 2G7 Canada.
10. COMPLETE AGREEMENT: This represents the complete agreement between NetGovern and Licensee and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
The following agreement (the “Agreement”) between NetGovern Inc. (also doing business as NetMail) and you, the Client, for the evaluation of any NetGovern product (the “Software”).
Grant of License
NetGovern grants you a non-exclusive, non-transferable license to use the Software during the applicable evaluation period. By installing or using the Software, you agree to be bound by the terms of this Agreement. The license granted hereunder includes a license to use any documentation files accompanying the Software (the “Documentation”), provided that all copyright notices are maintained on the Software and Documentation. The Software and Documentation shall be used only by you and for your internal evaluation purposes only.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain always with NetGovern. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
The Software and Documentation are protected by Canadian, United States and International copyright laws. All rights not granted to you herein are expressly reserved by NetGovern. You may not remove, alter, or obscure in any way the proprietary rights notices (including copyright, patent, and trademark notices and symbols) of NetGovern contained on or within any copies of the Software.
Use and Restrictions
Use of the Software is permitted provided that the terms and conditions of this Agreement are met. Notwithstanding the foregoing, you may not distribute, lease, rent, loan, transfer, assign or sublicense the Software or any part thereof. You may not modify, disassemble, decompile or otherwise reverse engineer the Software nor permit any third party to do so. You shall not use Software in the operation of a third-party service bureau or business that benefits any other person or entity or in connection with any publicly accessible web site.
You acknowledge that the Software contains proprietary NetGovern trade secrets and you hereby agree to maintain the confidentiality of the Software by using at least as much care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Agreement to those people employed by you, or associated with you, who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such people to use any portion of the Software for the purpose of deriving the source code of the Software.
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETGOVERN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NETGOVERN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL NETGOVERN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF NETGOVERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NETGOVERN'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED USD$100.00. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF THE RISK THAT IS REFLECTED IN THE AMOUNTS PAID BY YOU HEREUNDER. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Software may be downloaded or otherwise exported to any country to which such export or transmission is restricted by any applicable Canadian or U.S. regulation or statute.
This Agreement is effective upon installing or using the Software and shall continue until it is terminated. You may terminate this Agreement at any time by destroying or returning to NetGovern all copies of the Software and Documentation in your possession or under your control. NetGovern may terminate this Agreement for convenience and for any or no reason. Upon notification of termination, you agree to destroy or return to NetGovern all copies of the Software and Documentation and to certify in writing, if so requested by NetGovern, that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of the Province of Quebec, Canada without regard to conflicts of law provisions thereof. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted as to give reasonable effect to the intention of the parties. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of other party.
Support & Maintenance Plan
This document outlines the terms and conditions of our Support & Maintenance Plan which covers technical support, maintenance, and upgrades for all software solutions provided by NetGovern. Our Support & Maintenance Plan is offered as a paid service, separate from the software license fee.
If you have specific requirements that exceed the scope of what is defined in this document, please contact us at firstname.lastname@example.org and we will create a custom support plan tailored to your organization's needs. Part of our mission at NetGovern is to ensure that your organization can take full advantage of the features and benefits that our solutions offer – thus honoring our commitment to providing you with nothing less than remarkable support.
Thank you for letting NetGovern be a part of your success!
“CUSTOMER” means the organization identified on the Support Plan invoice which was provided to you at the time of purchase.
“LICENSED SOFTWARE PRODUCT” means the Licensed Software Product listed and identified on your invoice.
“SUPPORT PLAN” means the support product listed and identified on your invoice.
“ADMINISTRATOR” means the person responsible for the installation and ongoing management of the Licensed Software Product.
“DOCUMENTATION” means any documentation (printed or electronic, online or on physical media) either provided with the product or made available afterwards. This includes, but is not limited to, product manuals, support materials, administration, deployment and user guides, and our online wiki (http://help.netgovern.com).
As part of the Support Plan you have purchased, you are automatically entitled to receive all of the benefits of the support, warranty and maintenance services described herein (“Support”) for the entire duration of your support agreement. Support provides for a reasonable use of the services provided.
Support may include any of the following five features depending on the Service Level Agreement you have purchased:
Technical Support Email
Email access to our Support Team Monday through Friday from 9:00 a.m. to 5:00 p.m. EST at email@example.com.
Technical Support Phone Hotline
Toll-free telephone access to our Support Team Monday through Friday from 9:00 a.m. to 5:00 p.m. EST at 1-866-497-0202.
- Response times will vary according to the Service Level Agreement of the plan purchased and we make the every effort possible to meet all our SLAs.
- Support incidents are handled on a priority basis - major incidents involving CUSTOMERS who have non-functioning systems will be bumped to the top of the support queue as per the Service Level Agreement of the plan purchased.
- Incident resolution time will vary based on the ability of the CUSTOMER to implement and test the recommendations made by our Support Team, and as such NetGovern does not guarantee any specific time frame for incident resolution beyond that it will use all reasonable efforts to ensure that incident is resolved as promptly as possible.
- For security and performance reasons, Technical Support Hotline calls will only be accepted from the ADMINISTRATOR of the SOLUTION. Calls by end users and untrained or unqualified employees of the CUSTOMER will be forwarded to the ADMINISTRATOR to ensure that your internal support procedures are not being bypassed.
Software Products Updates and Upgrades
Support includes full access to all minor product updates (Service Packs) and maintenance releases (Hot Patches), as well as major version upgrades and the related documentation in print or electronic format. Updates and upgrades may be provided as an electronic download.
24/7 Emergency Support
Depending on the Service Level Agreement of the plan purchased, you may have access to 24/7 Emergency support. In the unlikely event that a complete system failure occurs outside of normal business hours, CUSTOMER that has the feature in their plan may exceptionally contact our Emergency Support Hotline which is available 24 hours a day, 7 days a week. Our Emergency Hotline Support Team will use remote session capabilities to get your application restored as quickly as possible and, if required, will travel on-site the next business day to assist you at the expense of the CUSTOMER.
Full access to all content developed by our Product Development and Support Teams, including all documentation, How-Tos, Knowledge Base articles, and Training Material.
2. Support Versus Services
Other hardware and software components that may be required by the CUSTOMER to operate and use the SOLUTION are not included under Support and NetGovern is under no obligation to perform technical support on these components. If the particular problem reported is not attributable to the SOLUTION, but is one that NetGovern has the ability to correct, NetGovern will provide the CUSTOMER with a Statement of Work or a reference to a partner for the execution of this task. The CUSTOMER is not obligated in any way to contract the services of NetGovern or its partners.
NetGovern Support package includes:
- Identifying, troubleshooting and/or correcting issues with the LICENSED SOFTWARE PRODUCT.
- Assist CUSTOMER in applying all service packs and minor software upgrades (Service Packs).
- Identifying and registering any product defects with our development group.
- Guidance and advice around product functionality specific and configuration of the product.
Although NetGovern will endeavor to identify potential external problem areas, Support package does not cover:
- Performance optimization and system design.
- Installation and configuration of the product.
- System upgrades.
- Email system and network help, configuration and optimization.
- Virtualization help, configuration and optimization.
- Training on LICENSED SOFTWARE PRODUCTS.
- Support on products that are end-of-life or end-of-support.
Non-supported items and other enhanced services may be contracted separately through our Services group or Certified partners and include:
- Integration with infrastructure devices.
- Major Software Upgrades.
- Capacity Planning and System Optimization including virtualization.
- Issues related to source data or source email systems.
- Training on LICENSED SOFTWARE PRODUCTS.
- Process/Policy/Procedural related assistance.
- Email platform migration using Netmail Migrator.
3. Support Renewals
Ninety (90) days prior to the expiration of the Software Subscription Plan, NetGovern will advise the CUSTOMER in writing of the fees payable to renew the Support Plan for the next 12 or 36 month period.
Failure to pay this renewal fee will halt the provision of Support described below. Access to Support will resume upon reception of the complete payment of the Support Plan. NetGovern may also halt the provision of Support for any SOLUTION that has been modified or altered by the CUSTOMER or any other party without a written authorization from NetGovern allowing such modifications or alterations.
Should any SOLUTION fail to perform substantially in accordance with the DOCUMENTATION, NetGovern has the obligation to use reasonable efforts to correct the defect by bringing the performance of the defective SOLUTION into substantial conformity with the DOCUMENTATION. This obligation shall only apply if:
- i) The SOLUTION is maintained and used in strict accordance with the most recent DOCUMENTATION.
- ii) The SOLUTION is installed on a Server and/or Personal Computer that meets generally accepted, minimum hardware requirements for this type of SOLUTION.
- iii) The defect is not caused by particular system configurations that are deemed specific to the CUSTOMER’S messaging infrastructure.
- iv) The SOLUTION has not been modified.
- v) The CUSTOMER provides access, including remote access, to the SOLUTION as reasonably required by NetGovern.
- vi) The CUSTOMER transmits all the application logs and diagnostics to NetGovern.
If a defect has been fixed in a maintenance release, an upgrade or a new release of the product, then NetGovern's sole responsibility may be to require that the CUSTOMER upgrade to this latest release of the SOLUTION to resolve the reported defect. Defects do not include product enhancements or omissions.
5. Fair Use Policy
If the number of cases a CUSTOMER opens significantly exceed the average of other customers, then NetGovern reserves the right to request that the CUSTOMER pay an additional fee to continue providing access to Remarkable Support or to limit access to support services increasing response time. Customer will be clearly notified if this is the case.
6. Force Majeure
NetGovern is not liable for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood, accident, strikes, inability to secure transportation, facilities, fuel, energy, labor or materials.
7. Limitation of Liability
In no event shall NetGovern be liable for any indirect, consequential, special, incidental, or speculative damages, including, but not limited to, loss of use, business interruptions, loss of goodwill, and loss of profits (including any loss, corruption, or damage to stored or live data), irrespective of whether NetGovern has advance notice of the possibility of any such damages. NetGovern's total liability for all claims shall not exceed the amount paid by the CUSTOMER for the Support Plan.
NetGovern provides technical support for its clients primarily on a call-back basis. This allows our technicians to properly prioritize tickets to ensure they are familiar with the issue prior to beginning the troubleshooting process, and to arrange for any resources necessary for quick and effective troubleshooting.
By default NetGovern includes the Premium Support Plan with all NetGovern products sold, which is designed to adequately meet the requirements of most organizations. However, you may want to choose our Dedicated Support Plan which promises you a shorter response time, a yearly audit, and access to backline support.
Initial Response Time
4 hours (Monday to Friday, 9:00 a.m. – 5:00 p.m. EST)
Electronic and phone
Fair Use policy applies
1 hour (24/7)
Electronic and phone
Fair Use policy applies
Clients with valid contracts may email support requests to firstname.lastname@example.org or call 1-866-497-0202, to open a Support request. The SLAs described are enforced according to the Terms and Conditions of NetGovern Inc.
SLAs/Benefits Details by Type
Premium Support Plan
- Unlimited email and telephone support with 4-hour response time during business hours (Monday to Friday, 9:00 a.m. – 5:00 p.m. EST).
- Annual subscription per mailbox
Dedicated Support Plan
All the benefits of Premium Support, and including:
- U nlimited 24/7 email and telephone support with 1-hour response time.
- Yearly onsite email audit.
- Dedicated access to backline support.