Support, Software and Hardware Terms and Guidelines
Software and Services:
- All software charges are due when license(s) are delivered.
- Professional services are to be paid 50% up front and remainder when project is complete.
- Software support services are paid up front for the entire term period.
- Recurring charges will auto renew until terminated by either party giving the other party at least 30 days prior written notice.
- Quotes may not include surcharges, fees or taxes which are payable to TruePath as set forth in our Terms or which are required by law.
These guidelines are in place to facilitate fast and reliable support services. While support is on a best effort basis, TruePath works
very hard to exceed these guidelines listed below.
- Hours of support: 8:00am - 5:00pm EST MON-FRI
- Closed national holidays
- SLA / Response time: next business day
- Critical tickets are paged out to on-call engineers
- Tools available for support: ticket, email and phone
- Unlimited number of support tickets
- Remote desktop assistance is available
- In-depth training is not included in support contracts
- Paid support must be in place and be within terms before any support is given
Contacting Technical Support:
- You may contact TruePath Technologies technical support by web request at: https://truepath.zendesk.com/hc/en-us/requests/new
Software End User License Agreement (EULA):
- Payment must be made at the time of order unless otherwise agreed to by the Parties.
- Customer will pay the total purchase price plus shipping and handling, if any, as specified on the invoice.
- Customer is also responsible for all taxes related to this purchase and to the import of the Hardware, if applicable, to include but not limited to all sales taxes, value-added taxes, import taxes/customs/duties and any other similar taxes imposed by any governmental entity.
- Payments can be made via bank transfer, check or credit card.
Hardware Returns or Exchanges:
- Accepted within 14 days of receipt.
- Merchandise must be in new condition with all packaging, manuals, tags, and paperwork intact and unaltered.
- Buyers are responsible for all shipping charges to exchange or return an item.
- To exchange or return please contact us for an RMA.
- Returns are subject to a 25% restocking fee
- Exchanges are accepted based on availability.
- We are not responsible for damage or loss in shipping.
- Labor, delivery and/or completed TruePath Technologies services
- Items that are damaged or abused
- Items that are missing accessories such as remote controls, cords and cables
- Software that have keys already generated
- Non-defective special orders
- Return and exchange shipments from outside the country
Limited Hardware Warranty:
The foregoing warranties and remedies shall be void as to any Hardware Products damaged or rendered unserviceable by one or more of the following: (1) improper or inadequate maintenance by anyone other than TruePath Technologies or TruePath Technologies’ authorized agents, (2) software or interfacing supplied by anyone other than TruePath Technologies, (3) modifications, alterations or additions to the Hardware Products by personnel not certified by TruePath Technologies or TruePath Technologies’ authorized agents to perform such acts, or other unauthorized repair, installation or opening or other causes beyond TruePath Technologies’ control, (4) unreasonable refusal to agree with engineering change notice programs, (5) negligence by any person other than TruePath Technologies or TruePath Technologies’ authorized agents, (6) misuse, abuse, accident, electrical irregularity, theft, vandalism, fire, water or other peril, (7) damage caused by containment and/or operation outside the environmental specifications for the Hardware Products, (8) alteration or connection of the Hardware Products to other systems, equipment or devices (other than those specifically approved by TruePath Technologies ) without the prior approval of TruePath Technologies, or (9) any use that is inconsistent with the user manual supplied with the Hardware Product. The warranty period is not extended if TruePath Technologies repairs or replaces a warranted product or any parts. TruePath Technologies may change the availability of limited hardware warranties, at its discretion, but any changes will not be retroactive.
Hardware Return Procedures:
If a Hardware Product or one of its component parts does not function as warranted during the warranty period, and such non-conformance can be verified by TruePath Technologies, TruePath Technologies, at its election, will provide either return and replacement service or replacement with a refurbished part/unit for the Hardware Product under the type of warranty service TruePath Technologies designates for that Hardware Product. A defective Hardware Product or one of its component parts may only be returned to TruePath Technologies upon TruePath Technologies’ prior written approval. Any such approval shall reference an RMA number issued by an authorized TruePath Technologies service representative. To request an RMA number, you must contact TruePath Technologies’ support desk and open a ticket. You may be required to present proof of purchase as evidence of your entitlement to warranty service. The Hardware Product’s ident/serial/hostid number will be required for all RMA cases.
Transportation and shipping costs, if any, incurred in connection with the return of a defective Hardware Product to TruePath Technologies shall be borne by you. Any shipping costs incurred in connection with the redelivery of a repaired or replacement item to you by TruePath Technologies shall be borne by TruePath Technologies; provided, however, that if TruePath Technologies determines, in its sole discretion, that the allegedly defective item is not covered by the terms and conditions of the warranty or that a warranty claim is made after the warranty period, the cost of the repair by TruePath Technologies, including all shipping expenses, shall be reimbursed by You.
Hardware Replacement Procedures:
TruePath Technologies must have remote access to attempt to diagnose and resolve your problem via phone or web. Upon determination of the hardware issue is related to a malfunction of one of the Hardware Product components, an RMA process will be initiated by TruePath Technologies’ support team. TruePath Technologies will either issue a replacement of the faulty part (like Power Supply, Fan, Hard Disk, etc.) or a full Unit Replacement.
For Warranty Replacement service, it is required that you deliver the faulty unit to a location TruePath Technologies designates, and provide courier name and tracking number to TruePath Technologies’ Support team. After the Faulty unit is returned to TruePath Technologies, TruePath Technologies will use commercially reasonable efforts to ship the replacement hardware within seven (7) business days. Actual delivery times may vary depending on your location. TruePath Technologies’ Support team will send the required hardware to the Hardware Product’s physical location, as it appears in your support ticket and as verified with you when opening the Support Service Request.
For Hardware Advanced Replacement, support options Standard, Standard Onsite, Premium, and Premium Onsite are available for customers who have purchased the Hardware Product support plan with TruePath Technologies. More information on the TruePath Technologies support programs is specified on TruePath Technologies’ website.
Additional Customer Responsibilities:
- To test and verify all functionality before putting this device/software into a production environment or use case.
- Create and execute a reoccurring plan to test and verify the functionality of the device.
- Implement secondary/fail-over methods for business critical items
- Provide battery backup and high available network ports for all units.
- Never to use this device/software in a life-saving situation, ie fire suppression, life support, locks, etc. without first written permission from a principal at TruePath Technologies.
- Before TruePath Technologies exchanges a Hardware Product or part, to remove all features, parts, options, alterations, data and attachments not under warranty service and ensure that the Hardware Product is free of any legal obligations or restrictions that prevent its exchange.
- To obtain authorization from the owner to have TruePath Technologies service a Hardware Product that you do not own.
- Where applicable, before service is provided:
- Follow the service request procedures that TruePath Technologies provides;
- Backup and secure all programs and data in the Hardware Product;
- Inform TruePath Technologies of changes in the Hardware Product physical location.
- To provide TruePath Technologies with sufficient and safe remote and or physical access to your facilities to permit TruePath Technologies to fulfill its obligations.
- To ship back the faulty Hardware Product (or replaceable unit) suitably packaged according to the guidelines as TruePath Technologies specified in the letter shipped with the RMA, to the TruePath Technologies designated location.
- You shall ship the faulty Hardware Product once Support team approves the RMA and provide the courier name and tracking number to Support team before TruePath Technologies processes the RMA.
- If you are a customer who has purchased the support plan with TruePath Technologies covering Advanced Replacement Service, You will ship the faulty Hardware Product within five (5) business days of the arrival of the RMA, or pay the standard TruePath Technologies list price of replacement Hardware Product.
- To securely erase from any Hardware Product you return to TruePath Technologies for any reason all programs and data not provided by TruePath Technologies with the Hardware Product. You acknowledge that in order to perform its responsibilities under this Limited Hardware Warranty, TruePath Technologies may ship all or part of the Hardware Product or its software to third party locations around the world, and you authorize TruePath Technologies to do so.
Limitation Of Liability:
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER TRUEPATH TECHNOLOGIES NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER TRUEPATH TECHNOLOGIES OR ITS SUPPLIERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR: (i) ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA OR LOST PROFITS; OR (ii) FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (iii) FOR ANY CLAIMS BASED ON ANY ERROR, DEFECT OR NONCONFORMITY IN THE PRODUCTS OR SERVICE, FOR ANY AMOUNT IN EXCESS OF THE PRICE PAID TO TRUEPATH TECHNOLOGIES FOR SUCH DEFECTIVE PRODUCT(S) OR SERVICE; OR (iv) FOR ALL OTHER CLAIMS NOT RELATED TO AN ERROR, DEFECT OR NONCONFORMITY IN THE HARDWARE PRODUCTS, ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNT PAID TO TRUEPATH TECHNOLOGIES HERE UNDER DURING THE THREE (3) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION AROSE.