eMarket Design Support Terms of Service

The purchase and use of paid support service products sold and provided through emarketdesign.com by eMarket Design LLC. (EMD) are governed by these Terms and Conditions, accepted by the customer during the purchase of paid support service products at emarketdesign.com.

Service

EMD will provide Support Services described below on unmodified supported product(s) upon accepting a support credit applied to a support ticket posted to the EMD Support Help Desk.

Hours of Operation

The Support Services are provided during business days (Monday through Friday) from the hours of 9 AM to 5 PM Eastern time (GMT-5 Standard, GMT-4 Daylight Savings). Support hours of operation exclude all United States Federal Holidays as well as the following days:

  • Good Friday (the Friday before Easter)
  • The day after Thanksgiving
  • Christmas Eve
  • The day after Christmas (2nd day of Christmas)
  • New Years Eve

These exclusions are subject to change. Changes to the hours of operation will be amended as a notice here at least 30 days before the new exclusion rules will go into effect.

Response Times

Response times are limited to the hours of operation. The response times for support services include:

  • Targeted 1-hour response within the next 1 business hour of ticket receiving, excluding the approval or denial of the applied support credit.
  • Targeted 24-hour response within the next 24 business hours of ticket receiving, excluding the approval or denial of the applied support credit.
  • Targeted 48-hour response within the next 48 business hours of ticket receiving, excluding the approval or denial of the applied support credit.

Delivery

All support services will be delivered exclusively through the EMD Support Help Desk

Access

When required for the purposes of diagnostics, troubleshooting, qualification of support tickets, and patching bugs of the customer copy of supported products, the customer agrees to provide the necessary level of access to customer computer systems, software, and hosting environment in order for EMD to perform support services. This access includes but is not limited to:

  • File Transfer Protocol (FTP) or equivalent remote read and write filesystem access to all files directly related to the operation of the supported product
  • Direct or indirect access to all log files produced by the web server software or supported products
  • Access to the WordPress administrative interface of customer website, with WordPress roles and capabilities equivalent to the site Administrator
  • An account with all privileges and a software client interface access to all MySQL databases and tables that directly affect the operation of the supported products

Failure of the customer to provide reasonable, timely access to these systems necessary for EMD to carry out its duties will result in the automatic resolution of the support incident without refund.

Use

The paid support services are not intended for use as a replacement for business critical operational support staff. The customer agrees that support services will not be used when failure of the support services to attain a desired result could lead to significant loss of business.

Supported Products

EMD will provide support on the official, unmodified, public current release of the software developed by EMD and distributed on the EMD Products:

Official & Unmodified

Official and unmodified refer to software developed by EMD without any modifications to the source code from that which is distributed through the official update channels directly from emarketdesign.com.

Support Ticket

A support ticket is a support request posted to the web-based official EMD Help Desk located online at EMD Support Help Desk paid support services are only provided for a qualified support ticket accepted by EMD.

Qualified Support Tickets

A qualified support ticket includes a request for support detailing a clear description of a single, distinct, technical problem with a supported product on a EMD installation that is actively registered to a support key.

EMD will, at its sole discretion, determine what constitutes a qualified support ticket.

EMD will not provide support services until a support ticket has been qualified by an authorized representative of EMD.

Rejected Support Tickets

Support services may be denied for reasons including, but not limited to, the following:

  • We can not confirm the purchase of the supported product or support credit by the customer submitting the support ticket
  • The support product is modified or customized by the customer or a third-party hired by the customer, or downloaded and applied from a third-party source
  • Question or problems related to how to develop or customize EMD that would require custom written source code to resolve the support ticket
  • Software development or web site design
  • Deployment of support products in an unsupported hosting configuration or operating environment
  • Problems caused by third-party software products that are not supported products, themes, or WordPress modifications/customizations
  • Use of a WordPress version that is newer than the publicly released stable version
  • Use of a WordPress version that is older than the supported product requires (stated or unstated).
  • Design or styling troubleshooting not directly a result of styles applied by a supported product
  • EMD/WordPress administrative interface problems with any particular web browser or version of a web browser
  • EMD Product bugs for supported products in unsupported web browsers or unsupported versions of web browsers
  • Limited access to the EMD installation on the registered website for the support ticket
  • Uncooperative, unprofessional, or abusive conduct by the customer

Resolved

A support ticket is resolved when the customer receives one of the following:

  • information that resolves the problem;
  • information on how to obtain a software solution or service that will resolve the problem;
  • notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a supported product;
  • information that identifies the problem as being resolved by upgrading to a newer release of the supported product; or
  • information that identifies the problem as being caused or related to the customer server, hosting, or operating environment or other software that are not supported products.

Support Credit

A support credit must be purchased by the customer from the related product’s pricing page. After successful purchase, a support credit will be allocated to the customer account. The support credit must be purchased using the customer account used to purchase supported products so that their prior supported product purchases are verifiable.

An available support credit allocated to the customer account must be applied to a support ticket either by creating a new ticket or adding a new response to an already open support ticket on the EMD Support Help Desk. A menu is available to allocate the support credit by setting the priority service menu to the appropriate support credit type.

The type of support credit applied to the support ticket will govern the support service(s) provided by EMD.

Exclusions

EMD will not provide support services related to problems or issues arising out of or from:

  • issues that could be resolved by upgrading a supported product to the current release;
  • the use of supported products that have been modified;
  • third-party products or technologies and their effects on or interactions with a supported product;
  • use of a computer system, operating environment, or hosting provider that is incompatible with a supported product;
  • issues related to Internet, email, file management, network configuration;
  • assistance in the planning, scripting, programming, customizing, debugging, designing or styling of projects that make use of supported products;
  • on-site, over the phone, or electronic mail delivery of support services not defined as within the scope of the purchased support credit.

Disclaimer of Warranty

ALTHOUGH EMD CANNOT GUARANTEE THAT A SUPPORT TICKET WILL BE RESOLVED, EMD WILL MAKE ALL REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE DEFINITION OF THE SUPPORT SERVICE IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LEIU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, EMD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, EMD LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT CREDIT PURCHASED BY CUSTOMER. IN NO EVENT SHALL EMD HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT EMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EMD will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.

Term and Termination

Unless terminated earlier in accordance with this section, a support credit will expire and be made void after a term of six (6) months from the time of purchase, or until each support ticket where a support credit is applied and accepted is resolved, whichever comes first. Unused support credits can be fully refunded within a period of sixty (60) days from the time of purchase. Unused support credits can be partially refunded after sixty (60) days, but only if the support credit has not expired. Once support services have been provided in full or in part for a support ticket, the support credit has been used and will not be refunded in full or in part, unless at the discretion of EMD, regardless of the term.

Privacy Policy and Data Protection

Customer agrees and understands that it is necessary for EMD to collect, process and use customer data in order to perform the support service obligations under the support services. EMD and its authorized support representatives, will keep confidential all customer data obtained during the course of providing support services.

General

A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.

If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions.

These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between the customer and EMD with regard to support credit purchases and support services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon EMD unless made in writing and signed by an authorized representative of EMD. Any term or condition on any order or other document submitted by the customer shall be of no force or effect whatsoever, and is specifically rejected.

Customer Responsibilities

The customer must login to the EMD Support Help Desk using the same account associated with the purchase or purchases of all supported products and the purchase or purchases of the support credit the customer wishes to receive support services for.

The customer must cooperate with EMD when seeking support services by providing all information necessary to assist EMD to diagnose an issue.

The customer must back up all data before EMD performs any support services, or ask EMD to perform the backup (for a small fee), or accept the risk that some changes may result in loss of, or changes to data.

The customer is responsible for performing data recovery including any and all restoration or reconstruction of lost or altered files, data, or programs, unless EMD performed the original backup prior to performing the support services.

The customer is solely responsible for any and all security of its confidential, proprietary, or classified information.

The customer will have a reasonable understanding of the supported products for which they seek support services and a reasonable understanding of the computer systems that those support products are operating on.

The customer may not transfer purchased support credits to any third-party.

The customer may not assign their rights or obligations under a purchased support credit. Any unauthorized assignment will be void.

Paid Support Services

EMD provides the following support services:

  • Installation assistance and activation problems
  • Technical problem diagnosis
  • Fixing technical problems when possible
  • Applying bug patches when available
  • Help with best practices
  • Help learning how to use EMD products
  • Customization of EMD products (Enterprise Support Only)