AllyCare Product Support / Subscription Services
Terms & Conditions
These AllyCare Product Support/Subscription Services Terms (“Maintenance/Subscription Description”) state the terms and conditions under which NetAlly will deliver technical support and/or subscription services described herein (“AllyCare Product/Subscription Support”) for the following NetAlly Products: EtherScope®, OneTouch™, LinkRunner™, AirCheck™, Link-Live™, and AirMagnet® Mobile that have been purchased from NetAlly or a NetAlly authorized reseller or distributor, and are subject to the General Terms and Conditions, which are hereby incorporated by reference, a copy of which may be reviewed at https://www.netally.com/b2b-legal/. [PLEASE NOTE: Any NetAlly Products, which are (a) purchased from unauthorized third parties (e.g., online auction site, end-users, aftermarket users, etc.); or (b) used or resold will not qualify for nor are they eligible to receive AllyCare Product/Subscription Support.] NetAlly reserves the right to change or discontinue the offerings described in this Maintenance/Subscription Description.
ALLYCARE PRODUCT SUPPORT AND SUBSCRIPTION DESCRIPTION
Subject to the terms herein, AllyCare Product/Subscription Support includes access, via www.netally.com, to software and firmware maintenance releases, enhancements, corrections, bug fixes, and modifications. Priority access to the technical support team is Monday through Friday from 3:00 a.m. – 8:00p.m. ET and is closed during NetAlly holidays.
Hardware/Accessory Repair or Replacement
- When NetAlly Hardware has been pre-qualified as defective or faulty by NetAlly’s Technical Assistance Center (“TAC”), NetAlly at its sole discretion will either repair or replace the unit. Replacement units will be the same or higher model and may be refurbished. Accessories that were originally shipped with the NetAlly Hardware or NetAlly Software may be entitled to repair or replacement in accordance with these terms at NetAlly’s sole discretion;
- Commercial off the shelf accessories, which shall include but not be limited to WiFi network adaptors and general-purpose batteries, are expressly excluded;
- Any service repair must be performed by an authorized NetAlly Representative. Requests for service must be submitted via the Internet or by phone and must be pre-qualified by NetAlly’s TAC;
- Damage attributable to natural depreciation, ordinary wear and tear, or due to abuse of the NetAlly Hardware, is not covered by AllyCare Product/Subscription Support. NetAlly reserves the right to determine if the cause of failure or out of specification performance is due to abuse of the NetAlly Product. Should NetAlly determine that the NetAlly Product failure is due to abuse, any applicable warranty or AllyCare Product/Subscription Support will be immediately voided for that Product. Abuse of NetAlly Products includes, but it not limited to, damage resulting from dropping the instrument. Future coverage will be denied to such NetAlly Product unless it has undergone repair and is deemed suitable for coverage by an authorized NetAlly Representative;
- A Return Material Authorization (“RMA”) number must be obtained prior to the return of defective Products for repair or replacement. If NetAlly receives such NetAlly Products without a valid or correct RMA number identified on the outside of the packaging of such Products, NetAlly will have no obligation to provide AllyCare Product/Subscription Support with respect to such NetAlly Products. NetAlly will pay shipping charges for authorized replacements of Products;
- Shipping from NetAlly is by a common carrier “2 day” unless circumstances require later shipment. Shipping back to NetAlly and any return shipping will be “second day” ship. Prior to returning defective NetAlly Products to NetAlly for repair or replacement, End-users must remove any confidential, proprietary, or personal information, including without limitation, personal health information or personally identifiable information, as such is defined under applicable local law, regulation, or directive. In addition, End-users are responsible for backing up data on the Products. NetAlly is not responsible for any loss or damage to confidential, proprietary, or personal information or removal thereof; lost or corrupted data; or damaged or lost removable media; and
- Repair/exchange of Products is not available in certain countries worldwide. Contact NetAlly’s TAC to see if AllyCare Product/Subscription Support are available in your Territory.
- AllyCare Product/Subscription Support is non-transferable;
- Unless otherwise agreed to by the parties in writing, the initial term for AllyCare Product/Subscription Support will be for twelve (12) months (“Support Term”). AllyCare Product/Subscription Support may not be cancelled during the Support Term;
- All fees for AllyCare Product/Subscription Support are due and payable net thirty (30) days from the invoice date and are as set forth in the applicable NetAlly quotation or price list, if purchased directly from NetAlly. If AllyCare Product/Subscription Support has been purchased via an authorized NetAlly Channel Partner, fees and payment terms for AllyCare Product/Subscription Support will be as negotiated between such Channel Partner and the End-users. All fees are non-refundable;
- If a NetAlly Product is discontinued, NetAlly will continue to make AllyCare Product/Subscription Support available for no less than two (2) years from the date of discontinuation of sale. AllyCare Product/Subscription Support on a discontinued software product will be limited to technical support. Bug fixes will be identified only for the then-current Software release. Repair of hardware products will be restricted to parts availability; and
- NetAlly reserves the right to substitute functionally compatible Products not affecting network configurations. Updates include all bug fixes and enhancements, which become elements of the standard Product.
Limitations and Exclusions
NetAlly is not obligated to provide troubleshooting or updates containing additional features and enhancements other than defect corrections, or to provide AllyCare Product/Subscription Support on Software beyond one (1) prior release back from then-current version. NetAlly is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to AllyCare Product/Subscription Support described herein and such services may not be available in all areas. NetAlly is not obligated to provide AllyCare Product/Subscription Support with respect to claims resulting from the fault or negligence of customer or a third party; fault in third party hardware or programs used in conjunction with the Software; improper or unauthorized use of the Products; modifications or repair of Products by a party other than NetAlly or its authorized contractor; a force majeure event; and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetAlly or recommended in the Product’s documentation. Functional upgrades such as faster processors; increased memory/flash, etc. are not covered under AllyCare Product/Subscription Support and are separately chargeable at the then-current list price.
NetAlly may terminate the AllyCare Product/Subscription Support in the event of an occurrence of any of the following: (a) Customer fails or is delinquent in the payment of fees; (b) Customer is found to be falsifying any claims on mainframes or accessories; and/or (c) Customer knowingly uses AllyCare Product/Subscription Support to take advantage of services and entitlements for Products not covered.
Last Updated: 21-May-22