Support Terms & Conditions

All terms & conditions listed in this section are historically shown and never removed. The most recent changes appear at the top.

The terms & conditions in this section supersede any previous understandings or agreements, written or oral.

Some terms & conditions may take effect at a future date (effective date). All clients (users of SoftTouch) agree to these terms & conditions by continuing use of the software. Any client not in agreement must stop using the software before the effective date.

Common definitions:

Live System: computer running a licensed copy of SoftTouch with the intent of commercial traffic.

Test System: computer running a copy of SoftTouch for evaluation purposes or for testing system modifications. No live commercial traffic is permitted on a "test system". In most cases, a "test system" is limited to a maximum of 23 channels (digital systems) or 4 channels (analog systems).

Stand-by or Backup System: computer built and "standing by" in case of failure of a "live system". This computer may only accept live (commercial) traffic if the "live system" it is intended to replace is not in use.

Announcements:

Effective Date - August 13, 2008 (posted August 13, 2008)

Regular business hours for support and sales calls are Monday thru Friday, 9am to 4pm Central Time. Those with service contracts and an emergency may call 24 hours a day (or within the terms of their service contract). Regular support should be obtained through email. We respond to emails inside and outside of regular business hours. We reserve the right to limit support to email only if no support contract is in effect.

Effective Date - August 13, 2008 (posted August 13, 2008)

The following sentence in our announcement from April 25, 2008 regarding service contracts is being expanded to provide a few more details:

"Clients may opt for a service contract in the amount of $400 (USD) per month."

Monthly extended support contracts provide for:

• 24 hour emergency access to support
• Bi-weekly backups and defragmentations

Service contracts that do not provide bi-weekly backups and defragmentations cost less and are available. They generally start at around $1,000 per year depending on the expected level of support necessary.

Effective Date - April 30, 2008 (posted April 25, 2008)

A "backup system" and a "live system" cannot be operating at the same time. They may contain the same licensing in terms of the number of channels activated.

Support must be notified within 48 business hours of a "backup system" being activated. Failure to notify support can result in all licensing being suspended.

Support reserves the right to provide a separate and distinguishable license code for any "backup system" or "test system". Sites already operating "backup systems" may be asked to change license codes in order for us to better protect our software.

Effective Date - April 30, 2008 (posted April 25, 2008)

Clients may opt for a service contract in the amount of $400 (USD) per month. Clients requiring above-average support may be charged more. We reserve the right to terminate any service contracts if the amount of support required is deemed above-average. Services such as making backups, defragging hard-drives or trouble-shooting operating system problems require a service contract.

Effective Date - April 30, 2008 (posted April 25, 2008)

Our "remote application" designed specifically for SoftTouch is licensed on a "per workstation" basis. Any clients previously allowed to use the application before the date of this announcement may continue to do so up to a maximum of 2 workstations. All other clients must contact sales and purchase licenses for the number of desired workstations.

Effective Date - April 30, 2008 (posted April 25, 2008)

It has become necessary for us to define "reasonable" in terms of support. We have used the term "reasonable" in the past in places such as the installation application for SoftTouch version 4.3 or earlier. "Reasonable" support is defined below. Certain limitations are also listed:

1) We will assist with the installation of a "live system" ONE time. Clients are responsible for maintaining backups of their systems. First time installation includes configuration of hardware drivers and getting existing phone service working. If phone service issues are found to be outside of our control, we reserve the right to charge for support. We will not assist with the installation of a "live system" until such time as phone service has already been installed at the client site.

2) We will attempt to assist with issues outside of the scope of SoftTouch - such as firewall or remote access software, however, that assistance is at our discretion. We reserve the right to charge for such services.

3) We will install prompts custom-recorded by the client (or their agents) ONE time only. If it's necessary to re-install prompts, a minimum of 30 minutes of support will be charged. We will not modify, edit or otherwise make prompts for clients without charging for the service.

4) We will only support a "live system". If a client wishes to have a "test system" or "backup system", the client is responsible for setting up such a system, configuring it and maintaining it. If our assistance is required with a "test system" or "backup system", our standard hourly rate will apply. A minimum of 30 minutes will be charged. At our discretion, we may provide a test license of up to 23 channels.

5) From time to time we may add custom features to SoftTouch in order to assist with client's needs. If such changes are made, they are made at our discretion. We reserve the right to charge for any/all changes a client requests/requires. If support is
necessary in order to assist with training/maintenance related to a custom feature, we reserve the right to charge for such support.

6) If a client chooses to provide their own server, we will charge for all support time related to any issues that arise with that client's server, as well as all time required to install SoftTouch, hardware drivers and any other required software. Servers sold by us will be reasonably supported at no cost including installing SoftTouch and any operating system. Any additional software or tasks may be subject to support charges.

7) We will offer to modify the system menus (main menu, personal options menu) a maximum of 2 times each. Any additional changes are subject to charge.