ÿSphere Service Agreement
SECTION 1 – DEFINITIONS
The following definitions shall apply to the terms and conditions of ÿSphere by Arakÿta.
“Master Agreement” refers to the webpage located at “arakyta.com/master-agreement” providing the general terms, including, but not limited to, warranties, liabilities, indemnification, intellectual property ownership, venue of law, standards of conduct, confidentiality, and conflict resolution.
“Arakÿta ÿSphere Managed IT Support Services” means the individual service to be provided by Arakÿta to Customer pursuant to the terms of this agreement and the Master Agreement.
“Service Order” refers to the document providing the details of features, functionalities, deliverables, time limitations, number of covered use or calls, system requirements, activation methods, pricing and limitations of each service included in the Arakÿta ÿSphere Managed IT Support Services.
“Customer” refers to a business who purchases the Arakÿta ÿSphere Managed IT Support Services described in this Agreement for a specific user/employee.
“Arakÿta ÿDesk Client Portal” refers to the web portal available on-line to Customers from which services can be scheduled, activated or tracked.
“Supported Products” refers to the webpage located at [URL] providing the devices, operating systems, and applications that are supported by Arakÿta.
“Software” means any application, tools or other software program installed on the Customer’s desktop computer for business usage, system operation or diagnostic to facilitate the Arakÿta ÿSphere Managed IT Support Services. Software can either be those programs preloaded or otherwise included in the applicable desktop computer products, those installed by the customer after purchase such Software, or those installed permanently or temporarily by Arakÿta to deliver the Arakÿta ÿSphere Managed IT Support Services.
“Term” means the specific period of time that your Arakÿta ÿSphere Managed IT Support Services and this Agreement will be in effect. The Term begins on the date of purchase and its duration is minimum of 48 months.
SECTION 2 – ARAKŸTA ÿSPHERE MANAGED IT SUPPORT SERVICES OVERVIEW
Pursuant to the terms of the Arakÿta ÿSphere Service Agreement (this “Agreement”), and the Arakÿta Master Agreement, Arakÿta will provide Arakÿta ÿSphere Managed IT Support Services described in this Service Agreement, and in the applicable Arakÿta Service Order to Customers. Subject to the applicable Service Order, the Arakÿta ÿSphere Managed IT Support Services under this Agreement may include, but are not limited to, remote assistance, hardware or software installation, training, break-fix support, desktop computer performance tuning, or technology consultation.
These Arakÿta ÿSphere Managed IT Support Services are provided in conjunction with desktop computing products in an office environment. As described in more detail in the applicable Service Order, each Arakÿta ÿSphere Managed IT Support Service has a set of deliverables or features which are Customers during the Term. Arakÿta may, at its discretion, change the terms of this Agreement from time to time through updates to the Arakÿta ÿDesk Client Portal.
In the event of conflict or inconsistency between the general provisions of this Master Agreement, the applicable Service Agreement, or those of an individual Service Order, the conflict or inconsistency shall be resolved in the following precedence: (i) first in favor of the this Master Agreement; (ii) second in favor of the Service Agreement, (iii) third in favor of the Service Order; and (iv) fourth in favor of any invoice or individualized agreement executed subsequent to this Master Agreement
SECTION 3 – SERVICE REQUIREMENTS
These Arakÿta ÿSphere Managed IT Support Services are provided based on the assumption that Customer meets certain requirements (such as PC hardware and software requirements, as specified by manufacturer for installed OS). Without limiting the Services Requirements set forth in the applicable Service Order, to the extent any Software is utilized in connection with the Arakÿta ÿSphere Managed IT Support Services, Customer must ensure that such Software is rightfully obtained via appropriate license(s) and are the current version of such Software is properly installed. With respect to Arakÿta ÿSphere Managed IT Support Services that can only be delivered remotely, Customer’s PC must be able to “boot to desktop” and it is Customer’s responsibility to have adequate Internet connection as required for Arakÿta to provide the service. If diagnostic software is used as part of the Arakÿta ÿSphere Managed IT Support Services, the products to which the service is provided will be configured in accordance with Arakÿta’s instructions. During the Term, Customer must maintain a valid email account to receive notices and other information regarding the Arakÿta ÿSphere Managed IT Support Service.
SECTION 4 – LIMITATIONS OF SERVICE
- Arakÿta does not provide support in relation to hardware or software products not designated in the Supported Products.
- Repair or service of hardware or software or parts exchange is not included in this service unless clearly stated otherwise in the Service Order.
- Unless specifically stated in the Service Order or Supported Products otherwise, platforms running operating systems such as Linux or non-current versions of operating systems are not covered by the Arakÿta ÿSphere Managed IT Support Services.
- Unless specifically stated in the Service Order otherwise, Arakÿta does not provide physical media, documentation or other physical deliverables to Customer with respect to the Arakÿta ÿSphere Managed IT Support Services.
- Arakÿta does not support or provide service to any non-supported software or any version of software that is more than 180 days after release of its current version, unless otherwise agreed by Arakÿta.
- Unless specifically stated in the Service Order otherwise, Arakÿta does not support or provide service to any network or Internet connectivity matters of Customer.
- Arakÿta is not responsible to provide services that, in the reasonable opinion of Arakÿta, are required due to Customer’s inappropriate use of the PC or the software applications.
- Arakÿta is not responsible to provide services that, in the reasonable opinion of Arakÿta, are required due to Customer’s unauthorized modifications made to supported hardware or software.
- Arakÿta does not provide service or assistance with respect to topics relating to Web development applications.
- Arakÿta always does it’s best to address your needs in a timely manner. Therefore, we do employ a “3 Strike” rule. If after three attempts to contact a user on their problem and we do not receive a reply, the user’s case will be closed in our system and a new case will need to be opened if the user still requires assistance.
SECTION 5 – CUSTOMER RESPONSIBILITIES
The Arakÿta ÿSphere Managed IT Support Service covered by this Agreement, confirmation of payment and relevant instructions on how to access the applicable services will be communicated to Customer via e-mail. In addition, Customer must:
- Register the product or users to which the Arakÿta ÿSphere Managed IT Support Services will be provided following the registration instructions provided on the Arakÿta ÿDesk Client Portal, in the email communications or as otherwise directed by Arakÿta. ARAKŸTA IS NOT OBLIGATED TO PROVIDE ARAKŸTA ÿSPHERE MANAGED IT SUPPORT SERVICES IF CUSTOMER OR ARAKŸTA AUTHORIZED REPRESENTATIVE DOES NOT REGISTER WITH ARAKŸTA AS STATED HEREIN.
- Use all reasonable efforts to support and cooperate with Arakÿta in connection with the Arakÿta ÿSphere Managed IT Support Services, including without limitation, to provide all information necessary for Arakÿta to deliver the services timely and to enable Arakÿta to determine the level of support eligibility. Customer acknowledges that Arakÿta’s ability to deliver this service is dependent upon the Customer’s full and timely cooperation with Arakÿta, as well as the accuracy and completeness of any information and data provided to Arakÿta by Customer.
- Be responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the hardware products to which the Arakÿta ÿSphere Managed IT Support Services are provided for reconstruction of lost or altered files, data, or software programs.
- Ensure that an adult representative is present when Arakÿta is providing services at Customer’s designated location or by telephone.
- Acknowledge that Customer has no ownership interest in diagnostic software provided by Arakÿta, if any, and will cooperate with Arakÿta to remove these diagnostic programs upon completion of the applicable service.
- This service must be purchased for each named user and or email address, with a maximum of five (5) devices per user in the Customer’s environment that will require support.