During the term of the Premium Support Plan, members ("Plan member") will receive support for an unlimited number of telephone incidents and an unlimited number of incidents submitted online using the WinSketch Pro eSupport Center submission form. The Plan expires 12 months from date of purchase. Jammin Software, Inc. reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident as defined below. Jammin Software, Inc. may also limit or terminate support service to, or may elect not to renew the membership of, any Plan member who uses the service in an irregular, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice. Coverage is nontransferable and is valid for the Plan member only. Resale or transfer of membership rights is strictly prohibited, and will be grounds for termination or non-renewal of membership. This Plan is not available to consultants, VARs, WinSketch Pro Professional Advisors or other parties using WinSketch Pro Technical Support on behalf of multiple clients.
Definition of an Incident
For purposes of these terms and conditions, an "incident" means (a) a single issue or problem that a Plan member asks a support representative to analyze or resolve, (b) a product-usage question that involves a single topic on a drop-down menu or one WinSketch Pro report, or (c) a single question on a specific drawing topic. The technical support representative will determine how many incidents will be handled during the course of the telephone or electronic contact.
Support availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, company events, observed US holidays, and events beyond our control. Use of the toll-free support number is available to plan members within the United States. Plan members in Canada and US protectorates may also have access to the toll-free phone number, but toll-free availability is not guaranteed. Plan members located outside the United States who cannot use the toll-free hotline must call 512-402-0402 for support. Jammin Software, Inc. is not responsible for long-distance telephone charges incurred in connection with the use of the Plan from a location outside the United States.
Phone Response Time
A technical support representative will be available to talk to a Plan member within then-current published response times, during Jamminís published support hours, subject to variations due to downtime for systems and server maintenance, company events, observed US holidays, and events beyond our control. Tracking for such response time begins after a Plan member's call has entered the technical support queue during Jamminís published support hours. A Plan member's call will be placed in the support queue after Plan membership has been verified and a system announcement notifies the Plan member that the call has entered the support queue. The foregoing shall not be deemed a representation or warranty on Jamminís behalf regarding the time within which a resolution, if any, may be available for any particular incident. Members must use the Plan phone number during Jamminís published support hours in order to receive support within the published response time.
Remedy for Jammin Software, Inc. Failure to Meet Published Phone Response Times
Member's sole remedy for Jamminís failure to meet the applicable response time parameter shall be for Jammin Software, Inc. to credit the member's account with a $50 service credit good towards the renewal of the existing annual Plan. Service credits expire 30 days after the existing Plan's expiration date. Plan members can determine whether their account contains service credits prior to renewing their plan by calling Jammin Software, Inc. Plan members will not receive a service credit for a delayed response time if they hang up before talking to a technical support representative. Plan members with the Pay per Incident Support Plan do not receive service credits for missed response times.
eSupport Response Time
Members can submit questions electronically using the online submission form on the WinSketch Pro eSupport Center web site. At Jamminís sole discretion, depending on the complexity of the issue, a support representative will either call the Plan member back to provide support over the phone or send an e-mail response. Jamminís published response time goal for questions submitted online is not guaranteed.
Support Topic Limitations
Inquiries are limited to the following WinSketch Pro product areas: installation, upgrade assistance, and basic functionality, as described in WinSketch Pro product documentation. Jammin Software, Inc. will also assist Plan members with basic connectivity issues for the purpose of using WinSketch Pro to access other products or services to the extent necessary to confirm whether such issues relate to software within Jammin Software Inc. control. However, Jammin Software, Inc. shall not be responsible for connectivity issues caused by third-party services, service providers, hardware, or software. The Plan does not cover inquiries on professional practices, nor does it include application consulting or training.
Supported WinSketch Pro Products
Plan support is available for currently supported US versions of WinSketch Pro, WinSketch Pro Appraiser, WinSketch Pro Assessor, and WinSketch Pro Insurance editions. Support is not available for WinSketch versions which are 2 or more years out of date. Support availability for any particular version of WinSketch Pro is subject to change at any time without notice.
If a Plan member exceeds reasonable use of the Plan, Jammin Software, Inc. may, in its sole discretion, choose not to renew a Plan member's Plan after it has expired. If Jammin Software, Inc. chooses not to renew a Plan on the basis of excessive usage, such determination shall not be deemed to preclude customer support from Jammin Software, Inc. on a pay-as-you-go basis or under a limited-incident plan, if such is available.
Monthly Billing for Continuous Support
When a Plan member chooses the monthly billing option when purchasing this Plan, an initial enrollment fee equal to the first 3 months of support (one-fourth of the annual Plan fee) will be charged to the customer's credit card when the order is placed. Ninety (90) days after the date of Plan purchase, Jammin Software, Inc. will begin charging the monthly Plan fee to the Plan member's credit card and will continue to do so every 30 days. The minimum term for this Plan is one full year of support. If the Plan member cancels the Plan at any time prior to the initial 12-month Plan expiration date, Jammin Software, Inc. will charge the remaining unpaid fees for the 12-month Plan to the Plan member's credit card. Refund policies outlined later in this document apply.
After the initial 12 months, the Plan will be renewed automatically on a yearly basis and charged to the Plan member's credit card until s/he cancels the Plan in writing by sending a letter to: WinSketch Pro Support Administration, Jammin Software, Inc., 311 RR 620 South, Suite 204, Austin, TX 78734. Any cancellation after the first 12 months of the Plan will be effective at the end of the month in which Jammin Software, Inc. receives written notice, providing such notice is received at least 5 business days prior to the end of the month. If the Service is terminated or canceled for any reason, no fees that have already been debited from Plan member's credit card will be refunded.
A Plan member's monthly fee will be guaranteed for the duration of the initial 12-month contract. After the first 12 months, the Plan member will be notified of any monthly fee increases 30 days in advance and will have the opportunity to cancel the Plan prior to the increase. This Plan may be terminated by Jammin Software, Inc. immediately and without notice if Plan member fails to comply with any term or condition of this Agreement or if Jammin Software, Inc. is unable to debit Plan member's credit card in accordance with this Agreement. In the event Jammin Software, Inc. is unable to debit Plan member's credit card at any time during the first year of the Plan, the Plan will be canceled and the Plan member will be liable for the balance of the annual Plan fee. If the Plan member fails to maintain a valid credit card at any time after the first year, the Plan will be canceled and the Plan member will be liable for any month(s) of support coverage that were not yet paid. Jammin Software, Inc. reserves the right to cease offering monthly billing for this Plan at anytime after the first year of your Plan. In such event, Plan members will be notified thirty days in advance that monthly billing will cease on the next billing date. Eligible Plan member will have the option to renew with any then-offered service plan.
Limitation of Liability and Damages
Jamminís maximum liability, and the Plan member's sole remedy, for any claim arising under the Plan will be the refund of an amount not exceeding the Plan fee paid by the Plan member for the 12-month period during which the claim arose. IN NO EVENT SHALL JAMMIN SOFTWARE, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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. Without limiting the generality of the foregoing, Jammin Software, Inc. is not responsible for long-distance telephone charges incurred in connection with your use of the Plan.
Disclaimer of Warranties
PLAN SUPPORT SERVICES ARE PROVIDED "AS IS." JAMMIN SOFTWARE, INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to sixty (60) days from the first date of service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
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. Plan member agrees that any action arising out of or relating to the service provided by Jammin Software, Inc. will be filed and maintained only in the state or federal courts located in Austin, Texas, and Plan member hereby consents and submits 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 Jammin Software, Inc. and the Plan member relating to the subject matter of these terms, and may not be modified except in a writing signed by both the Plan member and an authorized representative of Jammin Software, Inc.
Your use of the Plan is subject to Jamminís privacy policies, as may be amended from time to time, as set forth in the WinSketch Pro Privacy Statement. By registering for this plan, you consent to the use of your personally identifiable information in accordance with such privacy statement.
A Plan member may cancel Plan membership during the first 30 days after enrollment or renewal and obtain a refund for the amount paid for the current membership period under the following conditions. If, during the first 30 days of the Plan, the Plan member has made no use of the Plan, the full amount paid for the current membership period will be refunded. If, during the first 30 days of the Plan, the Plan member has talked to or received an e-mail response from a technical support representative on one occasion, the amount refunded will equal the amount paid less $75. If the Plan member has talked to or received an e-mail response from a technical support representative on more than one occasion under the Plan during the first 30 days, no refund will be given.