Thermo Fisher Scientific BioTeam Support Terms and Conditons Owner's manual

Brand: Thermo Fisher Scientific

Model: BioTeam Support Terms and Conditons

Type: Owner's manual

BIOTEAM SUPPORT SERVICES

TERMS AND CONDITIONS

BY PLACING AN ORDER WITH LIFE TECHNOLOGIES, CORPORATION’S (“LIFE’s)

WEBSTORE FOR BIOTEAM, INC.’S (“BIOTEAM”) SUPPORT SERVICES OFFERING

(“SERVICE PLAN”) AS DESCRIBED BELOW, THE INDIVIDUAL OR ENTITY (“CUSTOMER”)

AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND

CONDITIONS”) GOVERN THE DELIVERY OF THE SERVICE PLAN BY BIOTEAM. IF

CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER

SHOULD NOT PLACE AN ORDER WITH LIFE’S WEBSTORE OR CONTACT BIOTEAM WITH

RESPECT TO THE SERVICE PLAN. A SERVICE PLAN WILL BE EFFECTIVE WHEN

BIOTEAM CONTACTS CUSTOMER FOR AN INTIAL CONSULTATION AFTER DELIVERY

AND INITIAL CONFIGURATION OF THE TORRENT SERVER BY CUSTOMER AND

CUSTOMER ACKNOWLEDGES ITS ACCEPTANCE OF THESE TERMS AND CONDITIONS

VIA EMAIL COMMUNICATION TO BIOTEAM (“EFFECTIVE DATE”).

1. DESCRIPTION OF SERVICE PLAN

BioTeam will provide the following as part of the Service Plan:

• Provide support for issues directly relating to the integration of the Torrent Server in the

Customer’s environment.

• An initial phone consultation on biological and data management strategies for the Torrent

Server which shall occur after delivery and initial configuration by Customer of the Torrent

Server

• An exit consultation at the conclusion of the Service Plan

• Customer support requests shall be submitted via an email based ticket tracking system in

which Customer will have a unique reference number and status updates on Customer support

requests

• BioTeam requires that initial requests for support be made via email to BioTeam’s support

ticket alias

• Initial responses to email requests for support from Customer in a timely manner, generally

within one business day of receipt at the support ticket email alias

• Direct email to Company consultants may result in a delayed response since individual

consultants may not be available at a particular time.

• Training is offered via email, web, and phone, on the following topics:

- configuring the accessibility of web pages hosted on the Torrent Server.

- data management from the command line, on the Torrent Server

- mounting and integrating additional data archive sources including USB-mounted or

network-attached storage.

- configuration, usage, and maintenance of the Ubuntu operating system on the Torrent

Server

• Personalized debugging guidance and support on other issues related to integration of the

Torrent Server in the lab environment, even if they are not specifically described above.

Overall time commitment by BioTeam to a single Customer will be approximately eight (8) consultant

hours for each three month period. This includes both the initial and concluding phone interviews, as

well as email and phone support for a variety of issues.

The following shall not be included in the Service Plan:

• Travel or onsite presence

• On-call phone support

• BioTeamwill not provide support for problems or issues arising out of or from (a) issues which

could be resolved by upgrading the Torrent Server; (b) the use of the Torrent Server in a

manner for which it was not intended to be used or modified; (c) third-party products or

technologies and their effects on or interactions with the Torrent Server; (d) damage to the

computer on which the Torrent Server is installed unless caused by BioTeam; (e) use of a

computer systems that is incompatible with the Torrent Server; and (f) issues relating to

Internet, email, file management, network configuration, scripting, FX scripting, programming,

compiling, debugging, infrastructure design, content creation, content customization,

multimedia project planning/design, resource management, budgeting, or other issues not

directly related to the integration of the Torrent Server in Customer’s environment.

2. CUSTOMER RESPONSIBILITIES

Customer will cooperate with BioTeam when seeking support services pursuant to the Service Plan by

providing information necessary to assist BioTeam diagnosing an issue. Customer is responsible for

any and all restoration or reconstruction of lost or altered files, data or programs. Customer will

maintain and implement a complete data backup and disaster recovery plan. Customer is solely

responsible for any and all security of its confidential, proprietary or classified information. Customer

will not disclose to BioTeam confidential, proprietary or any information that is subject to intellectual

property rights that may expose BioTeam to liability. Customer will have a reasonable understanding

of the Torrent Server and the computer system that it is operating on. Customer may not transfer the

Service Plan to a third party. The Service Plan is provided for the internal use of the Customer only,

and any unauthorized distribution of the Support Plan services will be grounds for immediate

termination of these Terms and Conditions. Customer will take reasonable measures to prevent the

unauthorized distribution and use of the Service Plan. Customer will not abuse it receipt or use of the

Service Plan services, including but not limited to, accessing Support Plan services for issues that have

already been resolved.

3. DISCLAIMER OF WARRANTY

ALTHOUGH BIOTEAM CANNOT GUARANTEE THAT ALL SUPPORT ISSUES WILL BE

RESOLVED, BIOTEAM WILL MAKE REASONABLE EFFORTS TO PERFORM THE

SUPPORT SERVICES DESCRIBED IN THE SERVICE PLAN IN A PROFESSIONAL

MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND

REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER

WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN,

STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,

BIOTEAM SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED

WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND

CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR

FITNESS FOR A PARTICULAR PURPOSE.

4. LIMIT OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, BIOTEAM’S LIABILITY UNDER THESE TERMS

AND CONDITIONS IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE

PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL BIOTEAM HAVE ANY LIABILITY

FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,

INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS

OF USE OR EQUIPMENT OR FACILITIES, OR INTERUPTION OF BUSINESS, ARISING IN

ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF

LIABILITY, WHETHER OR NOT BIOTEAM HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE.

5. TERM AND TERMINATION

Unless terminated earlier in accordance with this section, a Service Plan will continue for the term

specified for the Service Plan when Customer places its order with LIFE. BioTeam will not provide

support services beyond the end of the Service Plan. BioTeam may terminate a Service Plan at any time

(a) if after providing Customer no less than fifteen (15) days prior written notice, Customer fails to pay

fees due for Service Plan, or (b) if after providing Customer no less than thirty (30) days prior written

notice, Customer fails to cure a material breach of these Terms and Conditions. Customer may

terminate a Service Plan if, after providing BioTeam no less than thirty (30) days prior written notice,

BioTeam fails to cure a material breach of these Terms and Conditions. In the event of termination by

Customer due to an uncured material breach by BioTeam, BioTeam will refund to Customer the fees

paid by such Customer for the Service Plan prorated from the date of termination.

6. GENERAL

Customer may not assign its rights or obligations under a Service Plan. Any unauthorized assignment

will be void. BioTeam will not be liable for performance delays or for non-performance due to causes

beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions

shall not constitute a waiver of any subsequent breach or default. In the event that any provision of

these Terms and Conditions shall be held to be unenforceable, such provision shall in good faith be

renegotiated to be enforceable and shall reflect as closely as possible the intent of the original

provision of these Terms and Conditions. Such negotiations shall not affect the enforceability of the

remainder of these Terms and Conditions. These Terms and Conditions constitute the entire

agreement between BioTeam and Customer with regard to the Service Plan and support services

provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect

to the subject matter, and no addition to or deletion from or modification of any provision hereto shall

be binding upon BioTeam unless made in writing and signed by an authorized representative of

BioTeam. Any term or condition on any order or other document submitted by Customer shall be of

no force whatsoever, and is specifically rejected.

Thermo Fisher Scientific BioTeam Support Terms and Conditons Owner's manual

Brand: Thermo Fisher Scientific

Model: BioTeam Support Terms and Conditons

Type: Owner's manual

Download PDF

report

Thermo Fisher Scientific BioTeam Support Terms and Conditons Owner's manual

Thermo Fisher Scientific BioTeam Support Terms and Conditons Owner's manual

Related papers

Other documents