1.1. This present document (hereinafter referred to as Policy and this Policy) constitutes integral part of Terms and Conditions of Fan Entertainment (hereinafter referred to as “the Terms”) and becomes binding and effective as of the moment of execution of Order Form by both Fan Entertainment and Customer.
2. SERVICE AVAILABILITY
By Service Availability this Policy shall mean the availability of Fan Entertainment products to the Customer for the purposes for which Customer had been licensed to use Fan Entertainment Product(s).
2.1. Fan Entertainment goal shall be to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24×7 Availability”) except during times of Service Maintenance as set forth in Section 4 herein below. However, the Parties recognize that 24×7 Availability is only a goal, and Fan Entertainment cannot represent or guarantee that such a goal can be achieved.
2.2. Fan Entertainment shall use reasonable efforts to achieve the target Service Availability objective of 98.8% network uptime except during scheduled Service Maintenance.
3. SUPPORT SERVICES
3.1. Fan Entertainment shall provide helpdesk, every day during Business Hours for contacting in case of emergency and notifications of changes to the services provided, planned Service Maintenance or other incidents that will have an effect on the services provided.
3.2. Under normal circumstances access to the support structure will be made through defined online ticket system which is available 24x7x365. Fans United Helpdesk is available through the e-mail: [email protected].
3.2.1. The specific number of tickets per month is specified in the Order Form.
3.2.2. The unused tickets in a given month are not transferable to the following months.
3.2.3. Customer may request additional tickets, not included in the Order Form as per the procedure described as part of this document.
3.2.4. The following support reaction times shall apply:
126.96.36.199. For High Priority Incidents (Fan Entertainment Product (s) down (meaning – not functional at all) or major operational problems (meaning – Fan Entertainment Product (s) functionality is decreased down to a level, whereby Fan Entertainment Product (s) cannot be used according to the Product description):
- the response time will be 60 minutes
- diagnose time will be 3 hours and
- work around time or fix will be 8 hours.
188.8.131.52. For Low Priority (minor operational problems) Incidents:
- the response time will be 24 hours
- diagnose time will be 48 hours and
- fix will be provided with the next official service pack.
3.2.5. For Low Priority incidents, Support reaction times are measured only during Business Hours.
3.2.6. High Priority Incidents shall be subject to unlimited support services and support reaction, for the entire Subscription Term.
3.3. Apart from the reaction to High Priority Incidents, Support Reaction Times shall be measured by Fan Entertainment’ online ticket support system, which track all raised issues from initial reporting to resolution. In case the Customer does not raise an issue via this ticket support system thorough the e-mail: [email protected], the Support Reaction Times shall not apply to that issue.
4. SERVICE MAINTENANCE
The maintenance windows will always be placed whenever there are no sports events available live at Customer’s website (s). Maintenance windows will be communicated no later than 5 working days prior to the maintenance in question. In case there is a necessity of urgent Service Maintenance, Fan Entertainment shall notify the Customer for the exact commencement and the duration of the Service Maintenance not later than one hour before the beginning of the respective maintenance.
The Customer is eligible to receive Major Updates (i.e., major revisions or new versions) to the Fan Entertainment Products during the Subscription term, as stipulated within the Order Form. If for any reason, the Subscription term is terminated and later on renewed after more than one month after the date of the termination, the Customer is entitled to receive update at additional cost.
6. EXCLUSIONS AND LIMITATIONS
6.1. Support is not available or provided hereunder for or related to:
6.1.1. Machine error;
6.1.2. Customer’s failure to follow operating instructions; Customer’s use of the Fan Entertainment Products that is not in accordance with the Documentation;
6.1.3. Customer’s negligence or improper use of the Fan Entertainment Products;
6.1.4. Modifications to the Fan Entertainment Products (including modifications to the original database schema) by any person or entity other than Fan Entertainment;
6.2. Any data or software products other than the Fan Entertainment products, including, but not limited to, application programs, databases, files, source codes, object codes or proprietary data, or any configuration, installation or reinstallation of any third party products or data. The Customer is responsible for backing up copies of all Customer data and third party products prior to seeking support from Fan Entertainment;
6.3. Any installation, deployment, or use of the Fan Entertainment products: (i) for any purpose(s) which Fan Entertainment determines in its sole discretion is/are unlawful, immoral, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party’s privacy or intellectual property rights; (ii) in any situation where failure or fault of the Fan Entertainment Products could lead to death or serious bodily injury of any person, or to physical or environmental damage.
6.4. If it is determined by Fan Entertainment in its sole discretion that the Customer has received support from Fan Entertainment for which the Customer was not eligible or to which the above exclusions and limitations apply, Fan Entertainment may assess and the Customer agrees to pay reasonable and appropriate fees for such support.
6.5. Support Incidents (tickets).
A single support incident (ticket) may involve several e-mails and offline work in order to be resolved. The Customer agrees to provide Fan Entertainment with detailed information about the issue encountered and cooperate with Fan Entertainment requests for additional information as they attempt to resolve the issue. Fan Entertainment support employees will make reasonable efforts to resolve Customer’s support issues; however, Fan Entertainment does not guarantee that all support issues will be resolved. Product feature suggestions are not considered support incidents, and Fan Entertainment is not obligated to acknowledge or address such bug reports and/or product feature suggestions.
7. ADDITIONAL SERVICES
The performance and provision of all services, described in the previous Articles of this Policy is part of the Subscription Service and as such is included in and covered by the Subscription Fee. The services listed herein below are subject to separate billing, based on additional agreement between Fan Entertainment and the Customer.
Fan Entertainment may provide additional consulting services to the Customer in relation to the usage of Fan Entertainment products as well as general consulting related to better organization of business processes in the Customer’s company.
7.1.1. The consulting services might be provided on designated meetings or through phone calls and might or might not include development of written recommendations or other types of documents.
Upon Customer’s request, Fan Entertainment may provide additional training services to the Customer in relation to the usage of Fan Entertainment product(s).
7.3. Integration with 3rd party software
Customer might request integration of Fan Entertainment products with a specific third party software.
7.3.1. Such integration might require from Fan Entertainment to provide additional services for:
184.108.40.206. Project management
220.127.116.11. Development of specifications
18.104.22.168. Design of additional interfaces
22.214.171.124. Software development of custom source code
126.96.36.199. Testing and verification of the custom source code
7.3.2. This policy covers only the services that Fan Entertainment could provide in relation to the integration of Fan Entertainment products with third party software. This policy does not cover:
188.8.131.52. Modifications of any kind of the source code of the third party software
184.108.40.206. Any costs related to the licensing, support or hosting of the third party software
7.4.1 Fan Entertainment reserves the right to reject, according to its own discretion, any request for integration with third party software. Such rejection could not be used for a reason for termination of the Order Form between the parties.
7.4.2. Fan Entertainment cannot be held liable for any damages/lost profits that may occur as a result of the 3rd party software integration, in the event that such damages/lost profits are caused by third party software provider claims, data loss, or other circumstances that cannot be directly related to the behavior of Fan Entertainment and its representatives and employees.
8. REQUEST OF ADDITIONAL SERVICES
8.1. The Customer might request any additional services listed in this Policy at any time after the execution of the Order Form.
8.2. The request should be sent by email to Fan Entertainment email listed in the Order Form.
8.3. Each request should describe clearly:
8.3.1. What service is requested
8.3.2. If there is any fixed deadline by which the service should be delivered
8.3.3. If there are any additional circumstances that might affect the delivery of the services
8.3.4. The names, job position and the email addresses of the Customer representatives that will be responsible for the successful execution of the services from Fan Entertainment (if different than the ones listed in the Order Form).
8.3.5. Any other information that might be useful for the successful execution of the services.
8.4. Fan Entertainment will review the request and reply with either request for additional clarifications (if needed) or with indicative budget and timeline for the execution of the requested services.
8.5. The parties verify the agreement in relation to the additional services with the signature of Annex to the Order Form.
8.6. Additional services – all other additional services are billed on a “per hour” basis. The specific prices are described in the Order Form.
8.7. All costs related to travel and accommodation expenses, as well as daily allowance of Fan Entertainment team (the Costs) will be communicated to Customer prior to commencing each of services, described above in this Policy and Parties shall reach an agreement thereof based on Customer’s expressed approval of the Costs.
8.8. Customer is obliged to reimburse Fan Entertainment for the approved Costs within 30 (thirty) calendar days as of being invoiced.
8.9. Additional tickets are billed on a monthly basis.
8.10. Fan Entertainment reserves the right to request payment of additional bundle of tickets in case Customer has submitted for two consecutive months more than 1 (one) ticket above the number of tickets included in the monthly subscription fee, listed in the Order Form.
8.11. All other services are billed monthly, on the next month they occurred.
9.1. Machine error – any failure of operation of hardware related directly or indirectly with the usage of Fan Entertainment products. Those might be but not limited to connectivity devices, servers, end user computers or mobile devices.
9.2. Business hours – 9 am to 5 pm (Eastern European Time zone)
9.3. Support incident (ticket) – service request from a Customer that is received through e-mail: [email protected].
This Services and Support Policy has been approved and adopted by the CEO of Fan Entertainment on June 1st, 2022