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MailFrontier Gateway Appliance Support Terms and Conditions
The following will apply so long as they remain MailFrontier’s standard Appliance support terms and Licensee is in full compliance with the applicable license agreement between Licensee and MailFrontier.

1. DEFINITIONS

  • “Cover Sheet” means the first page of the license agreement between MailFrontier and Licensee or other ordering document (e.g. Licensee’s Purchase Order) that (i) specifies the support purchased by Licensee; (ii) references the license agreement between MailFrontier and Licensee; and (iii) is signed or initialed by authorized representatives of both parties.  
  • “Email Support” means ability to make requests for technical support assistance by email at any time concerning the installation and use of the then current release of the Software. 
  • “Error” means an error in the Software that significantly degrades such Software as compared to the Documentation.
  • “Error Correction” means the use of reasonable commercial efforts to correct Errors.
  • “Fix” means the repair or replacement of object or executable code versions of the Software or Documentation to remedy an Error.
  • “Priority A Error” means an Error that renders the Software inoperative or causes such Software to fail catastrophically.
  • “Priority B Error” means an Error that substantially degrades the performance of the Software or materially restricts Licensee’s use of such Software.
  • “Priority C Error” means an Error that causes only a minor impact on the Licensee’s use of the Software.
  • “Software Updates” means updates, modifications, patches and fixes or new releases of the Software that MailFrontier generally makes available at no additional charge to its customers who are subscribing to Support Services and who are current in payment of Support Services fees.  Software Updates may be used in accordance with the terms and restrictions in the Agreement relating to use of the Software. Software Updates do not include products or options that are designated by MailFrontier as new products or options for which it charges a separate fee.
  • “Telephone Support” means technical support telephone assistance between 6:00AM and 6:00PM Pacific Time on MailFrontier’s regular business days concerning the installation and use of the then current release of the Software.
  • “Workaround” means a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing Licensee’s use of the Software.



2. PREMIUM SUPPORT.
If Licensee is entitled to Premium Support as specified in the Cover Sheet, Licensee will receive the following support services in addition to those specified in these terms and conditions: (i) Telephone Support will be expanded to 24 hours, 7 days per week; (ii) Licensee will be given access to expanded MailFrontier contact information, including technical support managers and engineers; (iii) Licensee will be assigned a MailFrontier technical support engineer as primary contact during MailFrontier business hours (PST); and (iv) Licensee’s Error reports will be given priority over Error reports of the same priority level from standard support customers. A toll-free number will be provided to be used during non-business hours. Premium Support customers will receive immediate customer service assistance via the toll-free number and are guaranteed technical support assistance within 2 hours.

3. HARDWARE SUPPORT
Support Services for the Hardware consist of next business day on-site part replacement or shipment of replacement product within 24 hours of MailFrontier Support identification of hardware failure. If the Hardware is damaged due to negligence or neglect, Licensee will be responsible for all shipping and repair costs. Otherwise, Licensee will responsible for shipping costs to MailFrontier and MailFrontier will be responsible for shipping the replacement product to Licensee.  At the time of shipping, MailFrontier will issue an invoice to Licensee for the replacement product.  MailFrontier will issue a credit memo against such invoice upon receipt of the failed Hardware.  However, MailFrontier will have no obligation to provide Support for problems in the operation or performance of the Hardware to the extent caused by any of the following: (i) Licensee’s failure to follow MailFrontier environmental, installation, operation or maintenance specifications or instructions; (ii) material modifications, alterations or repairs made other than by MailFrontier or at the direction of MailFrontier; (iii) Licensee’s mishandling, abuse, misuse, negligence, or improper storage, servicing or operation of the Hardware; or (iv) power failures, surges, lightning strikes, fire, flood, accident, and actions of third parties or other like events outside MailFrontier’s reasonable control. If MailFrontier determines that it is necessary to perform Support Services for a problem in the operation or performance of the Hardware that is caused by one of the foregoing, then MailFrontier will notify Licensee thereof as soon as MailFrontier is aware of such a problem and MailFrontier will have the right to invoice Licensee at MailFrontier’s then-current published time and materials rates for all such Support Services performed by MailFrontier.

4. SOFTWARE SUPPORT
Support Services for the Software consist of (i) Error Correction and Telephone Support concerning the installation and use of the then current release of the Software provided to a single consistent technical support contact; (ii) Email Support; and (iii) Software Updates. However MailFrontier shall have no obligation to support: (i) altered or damaged Software or any portion of the Software incorporated with or into other software; (ii) any Software that is not the then current release; (iii) Software problems caused by Licensee’s negligence, abuse or misapplication, use of Software other than as specified in the Documentation or other causes beyond the control of MailFrontier; or (iv) Software installed on any hardware or software that is not supported by MailFrontier. MailFrontier shall have no liability for any changes in Licensee’s hardware or software that may be necessary to use Software due to a Workaround or maintenance release.

5. SOFTWARE ERROR PRIORITY LEVELS
MailFrontier shall exercise commercially reasonable efforts to correct any Error reported by Licensee in the then current release of the Software in accordance with the priority level reasonably assigned to such Error by MailFrontier.
  • Priority A Errors - MailFrontier shall promptly commence the following procedures: (i) assign MailFrontier engineers to correct the Error; (ii) notify MailFrontier management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Licensee with periodic reports on the status of the corrections; and (iv) initiate work to provide Licensee with a Workaround or Fix.
  • Priority B Errors - MailFrontier shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Software maintenance release.
  • Priority C Errors - MailFrontier may include the Fix for the Error in the next major release of the Software.
If MailFrontier believes that a problem reported by Licensee may not be due to an Error in the Software, MailFrontier will so notify Licensee. At that time, Licensee may (i) instruct MailFrontier to proceed with problem determination at its possible expense as set forth below, or (ii) instruct MailFrontier that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that MailFrontier proceed with problem determination at its possible expense and MailFrontier determines that the error was not due to an Error in the Software, Licensee shall pay MailFrontier, at MailFrontier’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (a) problem determination or repair to the extent problems are due to Errors in the Software; or (b) work performed under this paragraph in excess of its instructions; or (c) work performed after Licensee has notified MailFrontier that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by MailFrontier). If Licensee instructs MailFrontier that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, MailFrontier may, at its sole discretion, elect not to investigate the error with no liability therefore.

6. ON SITE SUPPORT
On site support is available upon request by Licensee and will be billed at MailFrontier’s then current time and materials rates.


THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE APPLICABLE LICESNE AGREEMENT BETWEEN MAILFRONTIER AND LICESNEE. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.


Last updated: September 13, 2004