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Terms and Conditions
IMPORTANT: SAGE SOFTWARE, INC. PROVIDES TO YOU, THE CLIENT,
THIS BILLING ASSURANCE PLAN ONLY UPON THE CONDITION THAT YOU
ACCEPT ALL OF THESE TERMS AND CONDITIONS. PLEASE READ THE
TERMS AND CONDITIONS CAREFULLY, YOUR ENROLLMENT IN THE BILLING
ASSURANCE PLAN INDICATES YOUR ACCEPTANCE OF SAME.
General Policies
Sage Software, Inc. reserves the right to limit the time
spent by a Technical Billing Specialist on each telephone
call and to limit each call to one incident, which is defined
as a single support issue or question. Sage Software, Inc.,
Inc. may also limit or terminate support service to a client
who uses the service in an irregular, excessive, abusive or
fraudulent manner. Terms, conditions, support features, procedures,
pricing and support availability are subject to change at
any time without notice. Coverage is non-transferable and
is valid for the individual purchaser only. Billing Assurance
Plan support is available only to end users.
Service Availability
Support is limited to 12 months from the date of enrollment in
the Billing Assurance Plan. Service availability may occasionally
deviate from stated hours due to downtime for systems and server
maintenance and observed U.S. holidays.
Support Topic Limitations
Inquiries are limited to the following Timeslips product areas:
installation, upgrade assistance, basic usability and basic functionality,
as described in Timeslips product documentation. Sage Software, Inc., Inc. will also assist Billing Assurance Plan clients with basic
connectivity issues for the purpose of using Timeslips to access
other products or services. However, Sage Software, Inc., Inc. may
not be able to resolve all connectivity issues caused by third-party
services, service providers, hardware or software. Billing Assurance
Plan support does not cover inquiries on accounting and billing
practices, nor does it include application consulting or training.
Supported Timeslips Products
Timeslips versions 2007, 2008 and 2009 are currently supported.
Support availability for a Timeslips product is subject to
change at any time without notice.
Limitation of Liability and Damages
Sage Software, Inc., Inc.'s sole liability, and the client's sole
remedy, for any loss suffered by the client arising under the Billing
Assurance Plan will be a refund of the Billing Assurance Plan fee
paid by the client for the 12-month period during which the loss
is suffered. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL Sage Software, Inc., INC. BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES
AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Disclaimer of Warranties
TIMESLIPS SUPPORT SERVICES ARE PROVIDED "AS IS." SAGE SOFTWARE,
INC., HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED
MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
MERCHANTABILITY, ACCURACY AND NON-INFRINGEMENT.
Governing Law
These terms will be governed by and construed in accordance with
the laws of the State of Texas, without giving effect to any principles
of conflicts of laws. You agree that any action arising out of or
relating to the service provided to you by Sage Software, Inc., Inc.
will be filed and maintained only in the state or federal courts
located in Dallas, Texas and you hereby consent and submit to the
personal jurisdiction of such courts for the purpose of litigating
any such action. If any provision of these terms is deemed unlawful,
void or unenforceable for any reason, then that provision will be
deemed severable from these terms and will not affect the validity
and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter of these terms,
and may not be modified except in a writing signed by both the client
and an authorized representative of Sage Software, Inc., Inc.
Privacy Practices
Sage Software, Inc., Inc. may contact Billing Assurance Plan clients
by mail, phone, fax, or e-mail to deliver Billing Assurance Plan
newsletters and other special Billing Assurance Plan materials,
to confirm that their orders have been processed, to alert them
about service-related issues, to notify them about changes to the
support plan, to notify them when their memberships are about to
expire, to inform them of special offers that may interest them,
and to measure their satisfaction with the Billing Assurance Plan.
Refund Policy
A client may cancel a Billing Assurance Plan membership during
the first 30 days after purchase or renewal and obtain a refund
for the current membership period. The full Billing Assurance
Plan fee, less a $25 cancellation charge, will be refunded
if the client has made no use of the Plan support during the
30-day period. If the client has used the Billing Assurance
Plan support during the 30-day period, the amount refunded
will equal the Billing Assurance Plan fee, less the cost of
any telephone or electronic support incidents used by the
client and less the cancellation charge. The cost of each
support incident will be charged at the then-current minimum
rate charged by Sage Software, Inc., for support to clients
who are Billing Assurance Plan members.
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