Terms & Conditions
The Agreement ("this Agreement") governs the provision of software support services between Dreamteam Design Limited ("EROL") and any End-user who agrees to its terms ("you") (together "the parties").
Definitions
- "EROL Software" means the current release of EROL Business Edition, EROL Developer Edition, EROL Vendor Edition, EROL Small Business Edition or EROL Startup 25 Edition software.
- "End-user" means an individual or company licensed to use the EROL Software under an End-user Agreement.
- "End-user Agreement" means the software license agreement between EROL and an End-user set out in the relevant EROL Software.
Technical Support
Under the terms of the EROL Cover Plan, EROL will provide Technical Support via telephone and/or support ticket in response to your enquiries relating to:
- installation of the EROL Software;
- functionality of the EROL Software as described in the Software Documentation;
- setup of fully supported, integrated Payment Service Providers within EROL Software
- installation of upgrades to the EROL Software ("Support").
You accept that due to the many different hardware and software environments into which the EROL Software may be installed and used, EROL cannot guarantee that every enquiry relating to the EROL Software, third party services, service providers, hardware or software will be resolved. In accordance with the terms of this Agreement, EROL's obligation is to provide every reasonable effort to resolve your enquiries arising from your use of the EROL Software in accordance with the Software Documentation.
We reserve the right to restrict telephone calls to a single support issue and a duration of thirty minutes. We reserve the right to restrict the number of telephone calls to one per day per EROL Cover Plan holder.
Technical Support Availability
EROL will provide support on weekdays between the hours of 10.00 am and 5.00 pm (UK support centre local time) for a period of 12 months from the date you accept this Agreement, unless terminated earlier or extended in accordance with its terms (the "Term"). EROL will not provide support on public holidays or where it reasonably determines (in its sole discretion) that systems and server maintenance is necessary. EROL reserves the right to limit each telephone call to one single support issue or question and to a duration of thirty minutes (an "Incident").
Where Technical Support will not be provided
EROL may not provide Support where it reasonably determines (in its sole discretion) that:
- your query relates to design related issues and/or programming.
- your query relates to Search Engine Optimisation (SEO) for your EROL Store.
- your query relates to the integration of 3rd party software(s) not endorsed or supported by EROL.
- your query relates to business practice, application consulting or training.
- your query relates to networking issues.
- your use of the EROL Software is outside that set out in the Software Documentation.
- your use of Support is excessive, abusive or fraudulent.
- you are not using the current release of the EROL Software or its immediate predecessor.
- you have breached the End-user Agreement.
Assumed Knowledge
When contacting EROL Support we assume the following knowledge:
- ability to browse folders on your PC using Windows Explorer.
- ability to browse the Internet using a web browser.
- ability to send and receive e-mails.
Eligibility
You are eligible to purchase the EROL Cover Plan if you meet the following statements:
- you are the owner of a valid EROL Software License
- you have the current release of the EROL Software
Upgrades
During the Term of the agreement, you are entitled to all software upgrades for your Licensed Edition of the EROL Software at no extra charge. If you purchase an upgrade from one EROL Software product to another (for example, EROL Small Business to EROL Business) the EROL Cover Plan is automatically upgraded to the corresponding EROL Cover Plan at no extra charge (for example, EROL Cover for Small Business to EROL Cover for Business).
Payment
Payment of the fees for the EROL Cover Plan shall be made annually in advance by credit card or cheque. EROL shall have no obligations under this Agreement until it has received cleared funds to cover the published fees (for that 12 month period) of the EROL Cover Plan.
Refunds / Rights to Withdraw
You may cancel this Agreement without cause during the first 30 days from the date you accept this Agreement, subject to the following charges:
- in the case where you have not used the Support, EROL will refund the Price, less a £30 (+ VAT) cancellation charge; or
- in the case where you have used the Support, EROL will refund the Price, less a £30 (+ VAT) cancellation charge and £25 (+ VAT) per incident used.
Renewal of Agreement
This agreement will be renewed on the day following the last day of the Term for further 12 month periods unless you indicate you desire to terminate this agreement in writing at least 21 days prior to the last day of the Term. Renewed accounts will be charged at 10% discount on the published fees. In the event of the agreement expiring or being cancelled, the End-user can purchase an EROL Cover Plan at full published fees.
Variation and Termination
EROL may vary the terms of this Agreement relating to Payment and Support on one month's written notice by email to the email address given on registration. Whenever such notice is given you shall have the right to terminate this Agreement if you have notified EROL in writing of your intention to terminate before the end of the notice period. Except as set out above, no amendment or variation shall take effect unless it is in writing and signed by an authorised representative of each of the parties. Without prejudice to any other rights, EROL may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or the End-user Agreement or if you suffer any form of insolvency or administration.
Transferability
Support is non-transferable and is valid for the individual purchaser only (who must be an End-user) or a nominated, named other single user who may be acting as interpreter for the purchaser or as the purchaser's technical advisor, designer or developer.
Limitation of Liability
- Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or in respect of fraud or of any statements made fraudulently by that party, or arising under Part 1 of the Consumer Protection Act 1987 in respect of any defect in an EROL Software
- Subject to the exception set out in paragraph 1 above and to the extent permissible by law, EROL will not be liable to you whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (whether direct or indirect): (a) loss of profit; (b) loss of revenue; (c) loss of sales; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of contract or opportunity; (g) loss of goodwill; (h) costs incurred in modifying EROL Products (whether in accordance with the Software Documentation or not); (i) unreasonable costs in remedying any loss; or (j) indirect or consequential loss.
- Subject to the exception set out in paragraph 1 above and to the extent permissible by law, in the event that EROL is liable to you in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise its liability shall be limited to a claim for the fees paid to EROL during any single consecutive 12 month period after your acceptance of this Agreement for any one event or series of connected events.
- Any action against EROL must be brought within 2 years after the cause of action arises.
- For purposes of this section, "EROL" includes its employees and sub-contractors.
- You acknowledge that given the price paid for the EROL Products and the EROL Premium Support Plan, the complicated nature of the software, the almost limitless number of software and hardware environment combinations into which the software might be introduced, the fact that EROL cannot anticipate the particular purpose for which you are using the software and the availability of insurance for any loss that the above limitations and exclusions are reasonable in all the circumstances.
- If any provisions of this agreement are held to be invalid under any applicable statute or rule of law, they are to that extent omitted from the agreement without affecting the validity or enforceability of the remainder.
- Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
All intellectual property rights created during the provision of the Support are the property of EROL. You hereby assign all right, title and interest in any such intellectual property rights and agree to provide any assistance that EROL may require to perfect its title to such rights. Nothing in this Agreement shall prevent or restrict EROL from using and exploiting any intellectual property rights, techniques, ideas or know-how created, used or developed during the provision of the support for any purpose whatsoever. You will keep EROL fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by EROL howsoever arising.
Data Protection
Both parties undertake to comply with provisions of the Data Protection Act 1998 ("the Act") in relation to the disclosure, use and storage of any personal information as defined in the Act. The information EROL collects about you is used to record and support your registration of, and entitlement to, services and products purchased from us. Your personal information is also used to keep you informed about product upgrades, promotions, and other products and services of EROL. EROL will not sell, transfer or give freely your personal information to any company or organization without your consent except to comply with laws or regulations of the government or other regulatory body, or to protect the rights of EROL.
Jurisdiction
This agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
