These terms and conditions apply to the “Customer Care” support and maintenance service plan offered by Sonic Foundry, Inc. Customer Care is an annually renewable, fee-based program that provides End Users of Sonic Foundry Products additional support benefits for their Mediasite hardware and software systems as detailed below. By accepting and/or using any of the services described below, the End User agrees to be bound by these terms and conditions.
You must register your Customer Care contract to activate the services detailed below. (See Section 3.) Read these Terms & Conditions carefully as they contain important information regarding the services that you have purchased from Sonic Foundry.
“Sonic Foundry Products” means the Mediasite Recorder hardware (not including any peripherals) and software thereon, and/or the Mediasite Video Platform software.
“Purchase Notification” means the document and/or email from Sonic Foundry to the End User which references the Customer Care contract purchased and includes the contract registration information.
“Reseller” means any authorized party who purchases Sonic Foundry Products for resale.
“End User” means any party who purchases Sonic Foundry Products from an authorized Reseller or Sonic Foundry for their own use and not for redistribution.
“1st -Level Support” means support provided by an authorized Sonic Foundry Reseller directly to the End User, if applicable, to assist in the configuration, operation and diagnosis of Sonic Foundry Products.
“2nd -Level Support” means support provided by Sonic Foundry Technical Support Center to the End User or Reseller in the configuration, operation and diagnosis of Sonic Foundry Products.
2. Sonic Foundry Service Responsibilities
For the term of the Customer Care contract, Sonic Foundry or one of its authorized Resellers will provide the following services:
- Extension of the Mediasite Recorder hardware warranty from the standard 90-day warranty period to 12 months of warranty coverage from the date of purchase on parts and labor for all Recorder hardware and supplied cables
- Technical product support (1st-Level Support and/or 2nd-Level Support) via phone, or online case submission via the Customer Care Portal.
- Software maintenance upgrades, updates and fixes, if any, as released by Sonic Foundry and made available for download from the Customer Care Portal
- Advance replacement of failed or defective Sonic Foundry Product(s) with a certified refurbished Recorder or components. (Advanced Replacement is only available within the Continental United States following Sonic Foundry approval and determination of Sonic Foundry Product failure.)
- Anytime access on the Mediasite Customer Care Portal which provides access to: downloads, online case submission and status tracking, documentation, release notes, searchable knowledge base and Customer Care contract coverage details.
3. End User Responsibilities
For the term of the Customer Care contract, the End User agrees to:
- Register their Customer Care Contract
- Pay for all services requested including additional costs, if applicable, such as travel and on-site support.
- Provide reasonable access to the Sonic Foundry Product through the Internet so Sonic Foundry Technical Support can diagnose or correct problems remotely.
- Use the latest release of software, where Sonic Foundry advises that this will correct a reported problem.
- Notify Sonic Foundry of any change in contact information.
- Retain all original hardware and software configurations unless authorized by Sonic Foundry.
- Return any end-of-warranty Recorders to Sonic Foundry within 15 days of receiving a replacement Recorder. (Additional Recorder refresh fees apply.)
4. Accessing Support
1st-Level Support, when applicable, can be obtained by contacting the authorized Sonic Foundry Reseller from which the End User purchased the Customer Assurance contract. 1st-Level Support is available during regular business hours, but in no event less than Monday through Friday, 9:00a.m.—5:00pm in the time zone of the End User (excluding holidays).
When 1st – Level Support does not resolve the problem, 2nd-Level Support can be obtained from Sonic Foundry by calling (877) 783-7987 or (608) 443-1600 Monday through Friday 7 a.m. – 7 p.m. CT (excluding Sonic Foundry recognized holidays).
5. Case Resolution
Sonic Foundry works to resolve all submitted cases as quickly as possible. Resources will be dedicated to problem resolution within standard operating hours. For matters of extreme severity such as system-wide outages, resources may be dedicated outside of standard operating hours, at Sonic Foundry's discretion. Sonic Foundry will extend its best efforts when providing technical support services to the End Customer. However, Sonic Foundry does not guarantee that it can or will correct all problems or errors.
6. Field Systems Engineering
If on-site support is required, Sonic Foundry has post-sales field resources and authorized Resellers available to assist End Users with Sonic Foundry Product support issues. These engineering resources are deployed by Sonic Foundry on a case-by-case basis for an additional fee.
Sonic Foundry is not obligated to provide technical support related to the following:
- Any customization of, or labor to install, software.
- Electrical or site work external to the Sonic Foundry Product.
- Support or replacement of the Sonic Foundry Product that is altered, modified, mishandled, destroyed or damaged by one or more of the following: (i) natural causes; (ii) environmental effects; (iii) failure to take any required actions; (iv) misuse of the product or use other than as specified in the applicable Sonic Foundrysupplied documentation; (v) an act or omission of a third party; or (vi) installation of third-party hardware or software or modification of existing hardware.
- Services to resolve software or hardware problems resulting from third party products or causes beyond Sonic Foundry control.
- Services for non-Sonic Foundry software or hardware.
- Services for any personal computer hardware, software or related components whether or not Sonic Foundry software is installed.
- Any hardware and/or memory upgrade required to run new or updated software.
- Major, minor and maintenance release of Microsoft® operating system, middleware or application software platforms. End User should contact their Microsoft software provider directly to obtain information on acquiring releases and/or bug fixes relates to Microsoft software platforms.
- Sonic Foundry Products for which the End User is unable to provide a valid and applicable serial number. In the event that you are unable to provide a valid and applicable serial number(s) and Sonic Foundry agrees to provide services, the fees payable by the End User shall be Sonic Foundry’s then-current time and materials rates.
- Sonic Foundry Product for which Customer Care support has lapsed. Continuation of support services are subject to Sonic Foundry’s then current reinstatement fees. (See Section 8.)
- Any expenses incurred by Sonic Foundry to visit the End User’s location, except as required during escalation of problems by Sonic Foundry.
8. Customer Care Renewals
Each Customer Care contract is for the period indicated on the Purchase Notification and is renewable annually. Renewal charges for subsequent years are calculated based on the prevailing support rate on the contract anniversary date.
If a Customer Care contract is not renewed or is terminated, and the End User subsequently requests support services, Sonic Foundry may, in its sole discretion, reinstate the Customer Care support services, but the End User will incur a reinstatement penalty. Reinstatement fees for lapsed or terminated contracts take into account retroactive payment for the months of unpaid Customer Care support services. Reinstatement fees are calculated using the prevailing Customer Care support rate plus a 25% penalty. Late renewals retain the original contract anniversary date.
- End User purchases a Customer Care contract on January 1, 2017 valued at $3,950, but does not renew the contract by its anniversary date of December 31, 2017. On July 1, 2018, End User requests support services for their product under contract. In order to receive support services, the contract needs to be reinstated. Since the contract lapsed for 6 months, the Customer Care reinstatement fee is calculated as $3,950 (the prevailing annual support rate) plus $987.50 (25% penalty), for a total of $4,937.50. The reinstated contract still expires on its original anniversary date of December 31. Therefore, it expires on December 31, 2018.
- End User purchases Customer Care contract on January 1, 2017 valued at $3,950, but does not renew the contract by its anniversary date of December 31, 2017. On July 1, 2019, the End User requests support services for their product under contract. In order to receive support services, the contract needs to be reinstated. Since the contract lapsed for one and one-half years, the Customer Care reinstatement fee is calculated as $3,950 (the prevailing annual support rate for the first year of lapsed support services through December 31, 2018), plus $3,950 (the prevailing annual support rate for the new year of Customer Care services through December 31, 2019), plus $1,975 (25% penalty for the lapsed period), for a total of $9,875. The reinstated contract still expires on its original anniversary date of December 31. Therefore, it expires on December 31, 2019.
9. Limited Warranty
Sonic Foundry warrants that the services provided under this agreement shall be performed with that degree of skill and judgment normally exercised by recognized software companies performing services of the same or substantially similar nature. SONIC FOUNDRY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED UNDER CUSTOMER CARE AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Sonic Foundry be liable to End User or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of the fees paid to Sonic Foundry by End User for the then-current Customer Care term even if Sonic Foundry shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to End User.
11. General Provisions
End User may only assign its rights and obligations in regard to Customer Care as part of the sale or transfer to an acquiring entity of substantially all of the assets of End User’s business operations in which the Sonic Foundry Product is deployed.
The terms and conditions herein shall be governed, construed, and enforced in accordance with the laws of the State of Wisconsin.
At all times the relationship of Sonic Foundry to End User shall be that of an independent contractor. Nothing in this document shall be construed to create any partnership, association, joint venture, or employment between the parties.
Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes, or other disasters.
This document represents the complete agreement between the parties and supersedes all prior agreements and representations between them, including but not limited to End User’s purchase orders. It may only be modified or superseded by a written amendment executed in writing by both parties, or a more current replacement of this Customer Care Terms & Conditions document as issued by Sonic Foundry upon End User’s renewal of Customer Care.
12. Contact Information
If you have any questions regarding your Customer Care contract, please email email@example.com.