"Supplier" is Velocity IT Ltd.
"Customer" is a K2 customer with a current valid, up-to-date K2 product support agreement.
"Problem" is an issue reported or request for information by the Customer to the Supplier
"Support" is help, advice or consultation provided by the Supplier to the Customer, without the Supplier committing to providing or guaranteeing, deemed by the Supplier, as a successful outcome to the Problem
"Support Engineer" is a Supplier agent or engineer providing Support
"Request" is an appeal for Support by the Customer, and the Supplier reserves the right to decline the request without disclosing or providing a reason why
"Requests" are more than 1 (one) Request
"Accepted Request" is a commitment by the Supplier to provide Support to the Customer without guaranteeing what is deemed an successful outcome by the Customer
"Accepted Requests" are more than 1 (one) Accepted Request
"Requested Information" are all information requested by the Supplier from the Customer
"Close" or "Closure" is the final revert to the Customer by the Supplier stating the outcome of the Support, the Request, the Requests, the Accepted Request or the Accepted Requests. The matter is deemed closed by both the Customer and the Supplier once the Supplier finally reverts to the Customer
Terms of Support
The following terms and conditions (the "Terms") applies to provisioning of Support by the Supplier to the Customer –
1. The Supplier reserves the right to limit the total number of Accepted Requests to 1 (one)
2. The Supplier reserves the right to cancel any Accepted Request or Accepted Requests at any time without providing notice to the Customer
3. The provisioning of an Accepted Request or Accepted Requests are limited and subject to Supplier Support Engineer availability
4. The Customer agrees to at all times disclose accurate information when requested by the Supplier. Any inaccurate information provided by the Customer to the Supplier, or any omission of material information by the Customer to the Supplier will automatically result in the Supplier cancelling the Request, Requests, the Accepted Request or Accepted Requests
5. The Supplier reserves the right to cancel a Request, Requests, an Accepted Request or Accepted Requests at any time for reasons outside of the Supplier s control
6. The Customer grants the Supplier unlimited time to Close Support, an individual Request, Requests, an Accepted Request and Accepted Requests
7. The Customer agrees that any information (electronic or otherwise) shared with the Supplier can be shared by the Supplier with 3rd parties to assist the Supplier to Support the Customer
8. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by the Customer to the Supplier with respect to the Support shall remain the sole and exclusive property of the Supplier. The Supplier shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to the Customer
10. The Customer agrees to indemnify and hold the Supplier and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of any Support provided to the Supplier to the Customer
11. Support is provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind. To the maximum extent permitted under applicable law, the Supplier, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Support, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Supplier provides no warranty or undertaking, and makes no representation of any kind that the Support will meet the Customer's requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Supplier nor any of the Supplier's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Support, or the information, content, and materials or products included thereon; (ii) that the Support will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Support; or (iv) that the Support, the content of Support information, or e-mails sent from or on behalf of the Supplier are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of the Customer, so some or all of the above exclusions and limitations may not apply.
12. Limitation of Liability
Notwithstanding any damages that the Customer might incur, the entire liability of the Supplier and any of its suppliers under any provision of the Support and the Customer's exclusive remedy for all of the foregoing shall be limited to the amount actually paid for the Support. To the maximum extent permitted by applicable law, in no event shall the Supplier or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Support information, even if the Supplier or any it its suppliers has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
13. The Supplier reserves the right to change the Terms of the Support at any time, and by continuing to receive the Support from the Supplier, the Customer agrees to any such changes of the Terms by the Supplier
Interview with Arno van Rooyen, CEO, Velocity