FAST REPORTS SUPPORT SERVICE AGREEMENT

This document describes the processes that ensure the FastReport software life cycle during the annual subscription period, including troubleshooting issues that occurred during the operation of the software, software improvement, technical support procedures, terms, levels of technical support, and the grounds for refusal of technical support.

1. DEFINED TERMS

As used in this Support Service Agreement (“Agreement”), capitalized terms shall have the following meanings:

1.1 “Documentation” user documentation and materials provided with the Products and detailing the functionality thereof.  

1.2 “Issue” shall mean an unexpected behavior of the Products resulting in substantial nonconformance to the functional specifications set forth in the Documentation.

1.3 “Person” means any individual, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.

1.4 “Products” Fast Reports software products validly licensed to Customer pursuant to a separate license agreement.

1.5 “Support Services” shall mean the use of commercially reasonable efforts to (a) provide installation assistance, (b) provide Update information, (c) provide general consultation as to the function of a Product, and (d) to assist Customer in diagnosing and resolving Issues, all during Support Hours and pursuant to Customer support requests made in accordance with Section 2.2 of this Agreement. Support Services do not include integration assistance, development of new features and functionality, training, or the development of report templates.

1.6 “Support Hours” shall mean Monday-Friday, 9 AM – 6 PM ET, excluding official government holidays.

1.7 “Updates” all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Products, if any, licensed by Fast Reports provided that the Updates shall not include new subsequent releases of the Software bearing a new first version numeral such as 6.0 or 7.0.

2. SUPPORT SERVICES

2.1 Support Services. Fast Reports agrees to provide the Support Services, pursuant to the terms and conditions of this Agreement and the applicable Product license agreement, for the duration of the Term, and solely for the Products.

2.2 Submission of Issues. Customer may submit support requests, which shall include descriptions of the Issues and the information required by Section 4.3 of this Agreement, to Fast Reports during Support Hours via helpdesk/email support@fast-report.com and registers them in the system https://cpanel.fast-report.com/,  and shall provide all relevant data requested by Fast Reports. Fast Reports shall not be responsible in the event that Internet access failures or other technical communication failures out of Fast Reports’s control result in the loss of a request and related information.

2.3 Request Limit. The amount of support requests that Customer may submit depends on the Product license that the Customer has purchased. Support request limits by license type is set out below:

Fast Reports shall not be responsible for reviewing or responding to support requests beyond the Customer’s allotment set out above. Additional requests and services may be available for purchase pursuant to a separate agreement.

2.4 Response Time. Support requests are resolved in the order they are received, however, Critical Errors requiring emergency intervention may be processed out of order. Upon receiving a request, Fast Reports shall qualify the Issue in one of the categories set out below and provide an approximate estimate of when the Issue will be resolved. Fast Reports strives to resolve support request quickly but does not make any warranties, express or implied, as to support response times or when a particular Issue will be resolved.

2.5 Fixed Versions. Any amended or repaired versions of the Products following a completed support request shall be made available for download via the user panel web interface (https://cpanel.fast-report.com/).

3. SUPPORT LIMITATIONS

3.1 Unlicensed Product. Fast Reports shall not be responsible for providing Support Services, or any other maintenance and support for any unlicensed Products, nor for Products that do not have an active support and update subscription. Fast Reports shall only provide Support Services to the licensee named in the applicable Product license agreement.

3.2 Customer Error. Fast Reports shall not be responsible for providing Support Services, or any other maintenance and support to the extent that Issues arise because Customer (i) misuses, improperly uses, mis-configures, alters, or damages the Products; (ii) uses the Services with any hardware or software not recommended by Fast Reports; (iii) uses the Products at any unauthorized location; (iv) fails to install an Update to the Products if such Update would have resolved the Issue; or (v) otherwise uses the Products in a manner not in accordance with the applicable license agreement.

3.3 Non-Compliance Problems. If Customer notifies Fast Reports of a problem and Fast Reports determines that the problem is due to Customer’s incorrect or improper use of the Products or failure to comply with the terms of this Agreement or the applicable Product’s license agreement, Fast Reports shall not be responsible for providing the Support Services or otherwise resolving the problem or Issue. Notwithstanding the aforementioned, to the extent such Issue may be resolved, Fast Reports, in its soled discretion, may agree to resolve such Issue, subject to an additional payment. 

3.4 Third-Party Products. The Support Services do not cover the operation or use of third-party hardware or software or Products modified by any party other than Fast Reports or used in any manner in violation of the appliable Products license agreement or inconsistent with the Documentation. FAST REPORTS DOES NOT SUPPORT INSTALLATION OF UNLICENSED SOFTWARE. CUSTOMER MUST ENSURE THAT CUSTOMER HAS A LICENSED COPY OF ALL NECESSARY SOFTWARE AND HARDWARE, INCLUDING THIRD PARTY SOFTWARE AND HARDWARE.

3.5 Custom Development. Nothing in this Agreement shall be construed to create any obligation for Fast Reports to develop any software, code, or workaround.

4. CUSTOMER OBLIGATIONS

4.1 Support Contact. All communications relating to the Support Services will be supervised, coordinated, and undertaken by designated contacts (“Customer Contact(s)”). Each Customer Contact must possess the necessary expertise and knowledge to diagnose and resolve Issues with the direction of Fast Reports.

4.2 Prior to Request. Prior to requesting support from Fast Reports, Customer shall comply with all published operating and troubleshooting procedures for the Products. If such efforts are unsuccessful in eliminating the Issue, Customer shall then promptly notify Fast Reports of the Issue. Prior to contacting Fast Reports for support Customer shall:

a) confirm whether the Issue is reproducible;

b) confirm that the Customer Contact has the technical knowledge regarding the Products, any other Products or hardware systems involved, and in the facts and circumstances surrounding the Issue;

c) make the related system components, including all Products and hardware, available to the Customer Contact as necessary to provide the Support Services and during any communication with Fast Reports support personnel; and

d) if requested and required, Customer must make available to Fast Reports a technical representative during Support Hours for all Issues. Fast Reports reserves the right to suspend any and all work related to any Issue during periods when the Customer does not provide access to a technical representative with requisite knowledge or requested data to continue work on the Issue.

4.3 Description of Issue. Customer shall provide to Fast Reports: (i) error messages and indications that Customer received when the Issue occurred; (ii) a detailed description of actions taken by the user when the Issue occurred; (iii) steps Customer has taken to reproduce the Issue; (iv) steps Customer took to resolve the Issue; (v) a link to the relevant section of Documentation relating to the Issue, if possible; (vi) operating system information, such as version number; (vii) relevant information about the software environment used; (viii) version number of the used software, including the version and edition; and (ix) any relevant log files.

4.4 Customer Facilities. To the extent required by Fast Reports, Customer will, upon request, make available to Fast Reports certain facilities, computer resources, Products, programs, networks, personnel, and business information as are required to perform any Support Services or obligations hereunder.

4.5 Remote Access. If necessary, Customer shall cooperate with Fast Reports to enable Fast Reports to perform the Support Services remotely using standard, commercially available remote-control software. Customer shall be solely responsible for instituting and maintaining proper safeguards to protect Customer’s systems and data. For the avoidance of doubt, Fast Reports is not responsible for any security breaches or data leaks caused by third party remote-control software, even if such third-party remote-control software was provided by Fast Reports.

4.6 Regular Backups. Customer is solely responsible for its data. Customer must perform a successful and verified backup of its data before Fast Reports or a third party performs any remedial, upgrade, or other work on Customer’s systems. If applicable law prohibits exclusion of liability for lost data, then Fast Reports shall only be liable for the cost of the reasonable effort under industry standards to recover the lost data from Customer’s last available backup.

4.7 Non-solicitation. During the Term and for a period of two (2) years thereafter, Customer agrees not to hire, solicit, nor attempt to solicit, the Support Services of any employee or subcontractor of Fast Reports or its Affiliates without the prior written consent of Fast Reports.

4.8 Proper Consents. Customer will ensure that each member of Customer’s organization (including employees and contractors) about whom personal data may be provided to Fast Reports has given his or her express consent to Fast Reports’s processing of such personal data.  Any personal data provided to Fast Reports shall be processed according to the Privacy Policy located at https://www.fast-report.com/en/privacy/.

5. LIMITED WARRANTY

5.1 Fast Reports Warranty. Fast Reports warrants all Support Services performed under this Agreement shall be performed in a workmanlike and professional manner. EXCEPT AS OTHERWISE STATED IN THIS SECTION 5.1 OF THE SUPPORT AGREEMENT, FAST REPORTS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.