Introduction:
These terms and conditions (these “Terms”) govern the terms on which TLS Corp., an Ohio corporation doing business as Telos Alliance (“Telos Alliance”), offers customer support services pursuant to its service plan (referred to as “TelosCare PLUS”). TelosCare PLUS is referred to as the “Service Plan.” Certain terms used but not otherwise defined in these Terms shall have the meanings given them in the “Definitions” section below.
The Service Plan is not a warranty, but may affect how warranty services are provided. For details on the limited warranty covering Telos Alliance hardware and software products, please refer to the Warranty.
Definitions:
“Advance Swap” means the program available under TelosCare PLUS pursuant to which replacement equipment for a Covered Product returned for repairs is delivered to the customer before Telos Alliance has received the failed Covered Product. Customer will be billed for the replacement equipment and will then be issued a credit once the failed Covered Product is returned to Telos Alliance.
“Business Day” means every Monday through Friday (in the eastern time zone) that is not a holiday in Cleveland, Ohio or on which Telos Alliance is closed pursuant to an emergency shutdown.
“Fair Use Policy” means that Remote Assistance is intended to address specific, discrete issues that are impairing the customer’s ability to make full use of their Covered Product, and that tasks that (i) cannot be appropriately and efficiently addressed through remote assistance techniques, (ii) involve complex questions or tasks, or require beyond a few hours of technician time, are in either case not included in the discounted remote assistance services provided under TelosCare PLUS.
“Priority Repair” means the program available under TelosCare PLUS pursuant to which a Covered Product will be diagnosed and serviced by a Telos Alliance technician before any such technician begins any diagnosis or repair on non-priority Service Plan products.
“Professional Services” means consulting, configuration, and installation services, as well as support services that require more than two hours of technician time or are otherwise outside the scope of the Service Plans.
“Registered” means a customer has provided to Telos Alliance, through the website located at https://www.telosalliance.com/product-registration or otherwise, customer and product information necessary to facilitate the provision of support services under the Service Plans. “Register” means the act of making a product Registered, and “Registration” is the process of making a product Registered.
“Remote Assistance” means a service pursuant to which Telos Alliance technicians provide support to customers through remote access to the customer’s systems. Remote Assistance does not include Professional Services, and is subject to the limitations of Telos Alliance’s Fair Use Policy.
“Warranty” means Telos Alliance’s limited warranty as in effect on the date of sale of the product. The limited warranty in effect from time to time can be found at https://www.telosalliance.com/warranty-information.
Administration and Product Registration:
All Telos Alliance hardware and eligible software products will be covered by TelosCare (and consequently considered “Covered Products”) if, and only if, such eligible products:
1. have been purchased by customer from Telos Alliance or one of its authorized distributors; and
2. have been properly Registered.
A Covered Product will instead be covered under TelosCare PLUS if the customer has satisfied the requirements set forth above for TelosCare Covered Products, and also has enrolled such Covered Product under TelosCare PLUS, and has paid all applicable fees therefor.
TelosCare PLUS Services:
TelosCare PLUS is available to all Telos Alliance customers for an additional fee, which may be a single fee for the service lifetime of a product, or a periodic subscription covering a particular period of time. TelosCare PLUS includes the following benefits for Covered Products enrolled under TelosCare PLUS so long as customer is current in its payments for such Covered Products:
Fee and Term – TelosCare PLUS is available for a fee based on the type and quantity of products to be covered and the term selected for such coverage. TelosCare PLUS must be purchased within 90 days of the purchase date of the product(s) to be covered. TelosCare PLUS subscriptions are available for various terms of not less than one year, with annual renewals available. Where the TelosCare PLUS fees are not prepaid by customer for the service lifetime of the Covered Products, the customer must be current on its TelosCare PLUS payments for such Covered Product(s) at the time of the service request. Specific fees, subscription period (if not a lifetime subscription) and other terms will be provided for each customer at the time each product is purchased.
License Support – Telos Alliance will assist customers, for no additional fee, to transfer license activations from one machine to another, one operating system to another, between a dongle and software activation, and as otherwise necessary to allow customer to continue to use the Covered Products under those subscriptions.
“Loaner” Product – Temporary replacement equipment will be provided to customer at no additional charge for the initial period. A per diem fee will be charged for additional days beyond the initial period. Exact fees will be determined at the time of the service request. Shipping will be the responsibility of customer, except to the extent service for a Covered Product is being provided pursuant to the Warranty.
Professional Services – Onsite installation, configuration, customization and other Professional Services are available for an additional fee.
Phone Support – Telos Alliance support desk will be staffed seven (7) days per week, twenty-four (24) hours per day. Telos Alliance technicians will respond to customer inquiries within four (4) hours. No charge will be made for phone support inquiries unless customer is advised in advance of any applicable fees.
Remote Assistance – Remote Assistance is available as follows:
• The first hour is included with TelosCare PLUS at no additional fee.
• Any additional time will be charged at fifty percent (50%) of the normal rates and billed to customer.
Repair Services – Repair services for Covered Products and parts therefor are included. Telos Alliance will provide repair services until parts are no longer readily available on reasonable terms.
Software Updates & Upgrades –Software updates and upgrades are included, as long as Telos Alliance is then selling the new version of the software under your current SKU and part number.
Turnaround Time – Customer can choose, for no additional fee, either (i) to have repairs completed on an expedited basis under the “Priority Repair” program, or (ii) to receive a replacement product sent to them in advance pursuant to the “Advance Swap” program.
Service Standards:
All services to be provided pursuant to the Service Plans will be performed in full compliance with the provisions of these Terms and in a competent manner in conformance with the standards of care usually and reasonably expected for the performance of such activities by experienced personnel.
Miscellaneous:
These Terms, together with the Warranty, Privacy Policy and any subscription or purchase agreement entered into between Telos Alliance (or one of its distributors) and customer that documents the terms on which the Service Plan is delivered, together constitute the entire agreement between Telos Alliance and its distributors, on the one hand, and customer, on the other, with respect to support services to be provided under the Service Plan, and supersede all prior oral and written agreements, commitments or understandings with respect to the matters provided for herein.
These Terms may be amended by Telos Alliance from time to time without the consent of customer so long as no material rights are taken away by such amendment.
These Terms, the rights and obligations of Telos Alliance and customer hereunder, and any claims or disputes relating thereto, shall be governed by and interpreted in accordance with the substantive laws of the State of Ohio, excluding the choice of law rules thereof. Customer and Telos Alliance each submit to the personal jurisdiction of any state or federal court sitting in Cuyahoga County, Ohio.
All notices, demands, requests, or other communications which may be or are required to be given, served or sent (i) by Telos Alliance hereunder shall be effective when sent to customer at the email address provided by customer during Registration, and (ii) by the customer hereunder shall be effective when sent to Telos Alliance at teloscare@telosalliance.com.
All information provided by customer during Registration will be governed by Telos Alliance’s Privacy Policy.
In the event that Telos Alliance shall be delayed or hindered in or prevented from the performance of its obligations under the Service Plans by reason of riots, insurrection, war, acts of God, acts of terrorist, inclement weather or other similar reason or cause beyond Telos Alliance’s control, the performance of such obligation shall be excused for the period of such delay and any deadline for such performance will be extended for a period of time equal to the number of days of the delay.