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About X3O - Terms & Conditions of Service

These terms and conditions (together with any future web site X3O or its successors may use as the company's web site, the "X3O Site"), govern X3O's provision of the Technical Support Services described in Exhibit A of the Customer Service Agreement to which these terms and conditions (the "Terms") are attached. X3O shall provide the Services only to Customer and only with respect to the specific hardware, software, peripherals, wireless products, and/or other equipment owned by Customer that reside at the Service Location listed in Exhibit A (the "Covered Equipment"). The Terms are subject to change by X3O in its sole discretion, effective upon posting a revised version of the Terms on the X3O Site or by other Customer notice. By continuing to use any subscription following such posting or notice, Customer accepts such changes and agrees to abide by them.

  1. EQUIPMENT ELIGIBILITY, EXCLUSIONS AND GENERAL TERMS OF SERVICE
    1. X3O does not provide or service consumable supplies and accessories, such as magnetic, glass, or any other removable storage media. Notwithstanding anything to the contrary in this Agreement, X3O will have no obligation to attempt to correct reported errors or other problems that cannot be reproduced or verified or that result from obsolescence of software, or to repair any Covered Equipment negatively affected by any of the following:
      1. abuse, misuse, mishandling, accident, neglect, and/or any other factor not caused by X3O, including, without limitation, non-compliance with manufacturer-specified product operating, installation, maintenance or media cleaning instructions and specifications;
      2. maintenance, repair or service of the Covered Equipment by non-X3O personnel;
      3. external factors including, without limitation, problems or malfunctions related to Customer's Internet Service Provider ("ISP"), fluctuations and/or failure of electrical power, lightning, static electricity, chemical damage, environmental conditions, or system viruses, Trojan horses, worms or other maladies the attempted repair of which, in X3O’s sole discretion, may cause further harm or damage to the Covered Equipment.
    2. If technical support service and/or parts or equipment replacement is required to remedy any of the exclusions above, X3O may perform such services or provide such parts/equipment under X3O’s then current standard time and material rates. If Customer retains X3O for such services, it shall be pursuant to a separate written agreement specifically referencing this paragraph.
    3. Customer acknowledges that X3O may not be able to solve its particular problem or achieve the goals intended by Customer in retaining X3O. If X3O technicians determine this to be the case, X3O will use commercially reasonable efforts to, at its option, either retain a "Specialist" (in which case Customer will have the option, after receiving a quote from X3O for use of the Specialist, to move forward or decline further service) or refer Customer to an alternative resource. However, Customer will not be relieved from its payment obligations for Services provided by X3O prior to such determination.
    4. The following are excluded from the Services: non-functional systems due to hardware defects; systems not meeting the following minimum requirements: Windows 98 or later, Pentium 90mhz (133 recommended) 32 MB RAM (128 recommended) plug-and-play compliant BIOS and Motherboard, PCI slot (Bus Mastering preferred), PCMCIA or Card Bus (notebooks); nodes more than 100 meters from their hub; support requiring ISP intervention; disabling of firewalls; networks that are configured with in-premises phone lines; wireless connectivity outside of manufacturer specifications; troubleshooting of networks experiencing structural, electrical or other types of interference; and printing through a router or print server.
    5. Service on hardware is limited to troubleshooting and diagnosing problems. Service on Software is limited to the manufacturer's current release and two previous releases. The following are expressly excluded from support: Windows 95 and earlier versions; CD key numbers; support intervention using real-time (live) data (i.e., X3O will provide Service involving Customer data only if it has been backed up or copied); programming (macros, Visual Basic or formulas); registration information; actions that are or may be (at X3O's sole discretion) a violation of copyright, trademark, patent or any other laws, rules or regulations; pre-release or beta versions of software; shareware or freeware; creating, editing or deleting macros; operating system-registry issues, drive compression/decompression; and additional exclusions as determined by X3O from time to time.
    6. Services (including Subscription Services) are available during X3O's "Business Hours", defined as 8:30AM-5:30PM EST, Monday through Friday, excluding holidays. At its election, X3O management may agree to provide Service outside of these hours at X3O's standard Off-Hour/Emergency rates. X3O reserves the right to relocate the Covered Equipment to an X3O Authorized Service Center if the X3O technician deems it necessary for repair of the problem.
  2. MONTHLY/CONTRACT SUPPORT SERVICES
    1. Subscriptions Generally
      1. Subscription support Services include "Annual Subscriptions", whereby Customer pays a one time subscription fee entitling it to a discount (as specified in Exhibit A) off of X3O's standard hourly rates for any of the available Services (see below) purchased during the one year subscription period, and "Bulk Time Subscriptions", whereby Customer pays in advance for a selected number of on-site or telephone support Service hours at a discounted rate (each, a "Subscription"). In addition to the reduced rates, Subscribers get priority telephone support and priority on-site Service scheduling for all applicable Services. Priority phone support is provided on a first come first served basis and may require longer hold times during periods of extremely heavy volume. For Annual and Bulk Time Subscriptions, respectively, Subscriptions begin on the date of account activation and continue until the expiration of the one year period (including any renewal periods) or the prepaid hours are used up. Account activation occurs upon execution of this Agreement and payment of the applicable Subscription fee.
      2. Upon their expiration, Annual Subscriptions shall renew automatically on the terms and conditions set forth in this Agreement (as may be modified from time to time in accordance herewith) for successive twelve (12) month periods unless Customer provides X3O written notice of non-renewal at least sixty (60) days prior to expiration of the then current Subscription period. X3O reserves the right to modify Subscription fees (to be effective upon the next renewal of Customer's Subscription) upon at least thirty (30) days notice, after receipt of which Customer shall have at least ten (10) days to decline renewal by written notice to X3O.
      3. Annual Subscriptions allow Customer to take advantage of any of the following Service options at the discount set forth in Exhibit A (Bulk Time Subscribers may purchase blocks of Telephone Support or On-Site/Remote Service only):
        1. Telephone Support at (866)-WE-GO-X3O/(301)-816-9055
        2. On-Site Service - X3O technicians service Covered Equipment at Customer's Service Location.
        3. Remote Support - with X3O approved remote software, a secure connection is created between Covered Equipment and X3O allowing X3O, with Customer’s explicit permission before each Service session, to remotely troubleshoot issues on Covered Equipment.
        4. Drop-Off Service - drop off Covered Equipment at any X3O Authorized Service Center and X3O will contact Customer when the Covered Equipment is ready for pick up.
    2. Remote Support
      1. Customers are responsible for enabling remote access for each remote support session and for disabling remote access at the end of the session. X3O and its personnel shall not be responsible for any damage or data loss due to Customer’s failure to disable remote access when not in use by an authorized X3O technician. If X3O is unable to remotely access Covered Equipment due to reasons beyond X3O's control, a site visit may be required, in which case Customer will be charged X3O's then current standard on-site support rate.
    3. Covered Area
      1. Additional Charges: Subscription Service is available only within thirty (30) miles of an Authorized X3O Service Center (the "Covered Area"). If Customer relocates the Covered Equipment after a Subscription is purchased, X3O will honor the Subscription only to the extent the Covered Equipment remains within the Covered Area. Customer will be charged X3O's applicable then current standard hourly rate and any reasonable expenses incurred for any service that is not covered by Customer's Subscription, including, without limitation, for service outside of the Covered Area, training, integration or development services (available for a separate fee), service calls when no malfunction is found, service required due to faulty power or improper connections, and service for which a Specialist is required.
  3. CUSTOMER RESPONSIBILITIES
    1. When contacting X3O for assistance or while X3O is providing Service, Customer must provide a detailed description of the problem. If X3O requests further information about an issue, Customer must promptly provide the requested information, which may include, without limitation, manuals related to the Covered Equipment or network; examples of software output; any error message(s) observed; log files; output from diagnostic commands; or configuration information, including .ini files and network files. Thorough troubleshooting may require bringing Covered Equipment off-line or re-booting.
    2. CUSTOMER IS RESPONSIBLE FOR ANY AND ALL CHARGES ASSESSED BY ITS ISP, FOR ENSURING THAT WIRELESS NETWORKING DOES NOT VIOLATE ITS ISP'S TERMS OF SERVICE, AND FOR CONTACTING ITS ISP TO DETERMINE WHETHER ITS ISP IMPOSES ADDITIONAL CHARGES FOR CONNECTING MORE THAN ONE COMPUTER TO A SINGLE ISP CONNECTION.
    3. Customer is responsible for ensuring that the physical installation site and environment is kept in accordance with applicable manufacturer specified standards and is adequate to properly run the Covered Equipment, including, without limitation, with respect to availability of and proper connection to sufficient electrical power.
    4. If applicable, Customer is responsible for ensuring that its Internet service connection is active, available and properly connected by its ISP and for supplying the appropriate ISP setup software (which, if needed, X3O will configure with the proper parameters, TCP/IP address, mail server names, etc.) and all necessary cable and telephone jacks, telephone cords and other wiring and cabling. If any of these items are unavailable, X3O may be able to procure and provide them for a separate fee on a time and materials basis, but cannot guarantee it.
    5. Customer must provide the technician with legally licensed copies of any software-drivers or applications required for installation of any external devices if different from Windows/Mac Standard drivers. Customer must provide the technician with any system or ISP passwords necessary to perform the installation, or be available to enter them when necessary.
    6. IMPORTANT NOTICE: If any of the items Customer is required to provide are not immediately available to the technician upon arrival at the Service Location, X3O will be responsible only for accomplishing as much of the Services as possible. But, in no event will Customer be entitled to any refund for amounts paid or to a discount off of any amounts due for Services X3O is unable to perform due Customer's failure to provide such items or to otherwise abide by these Terms.
  4. LIMITATION OF LIABILITY
    1. X3O shall not be responsible for and shall not provide Service with respect to any hardware that does not conform to environmental, electrical or other standards or specifications promulgated by the applicable manufacturer and/or any industry, regulatory or standards body (e.g. UL).
    2. X3O may attempt to recover lost data due to damaged hardware or corrupted software, but will not bear responsibility for additional data loss due to recovery efforts. In certain situations, it may be necessary to engage a data recovery Specialist to attempt data rescue from severely damaged systems. This process is time intensive and expensive, but often successful as a last resort. If X3O elects to offer this service, prior to engaging a Specialist, X3O will explain the timeframe, costs and expectation of success, allowing Customer ample time to decide the appropriate course of action. Additional approvals may be required prior to emergency data recovery.