NORTHBRIDGE SECURE SUPPORT TERMS AND CONDITIONS
“NSS” means Northbridge Secure Trading Pty Ltd registered in Australia under ABN 82 612260 045. Registered Office: Level 1, 50 Broughton Road, Artarmon, New South Wales 2064 Australia, its agents and assigns.
“Customer”, “End User” Means the person, firm or company named as such in the Quotation, in sales order or in a maintenance contract to which these terms and conditions apply and includes its agents, partners and permitted assigns.
“Delivery Dates” Means the agreed dates for the delivery of the Equipment and / or Services as set out in the Agreement.
“Premises” Means the location and address of the Customer, or of a third party, where the Equipment is to be installed and/or Services are to be provided.
“Services” Means all services, which NSS provides to the Customer including but not limited to training, consulting and support services.
2. ENTRY INTO AGREEMENT
2.1 No brochure, catalogue, price list, quotation or other communication published or forwarded by NSS to the Customer, whether in writing or not, constitutes anything other than an invitation to purchase NSS’ products and services.
2.2 Any purchase order placed by the Customer with NSS or its appointed distributor constitutes an offer to purchase Equipment and/or Services. Notwithstanding any prior communication between NSS and the Customer, there will be no obligation by NSS to accept an offer to purchase Equipment and/or Services made by Customer. The Customer’s offer is only accepted by NSS issuing an invoice or confirmation of order to the Customer or by delivery of the Equipment and/or Services.
2.3 The terms of this Agreement shall apply to the exclusion of any terms or conditions of the Customer whether appearing in any purchase order, or in any other document and notwithstanding any statement to the contrary appearing in such terms or conditions.
3.1 This Agreement shall (subject to earlier termination under clause 8.2) continue in force until each party has fulfilled all of its obligations hereunder.
3.2 In the event that the Customer or its appointed partner / reseller has not met its obligations for payment to NSS and payment arrangements have not been agreed within 5 days of due date, NSS may terminate this Agreement.
4. SOFTWARE SUPPORT
4.1 NSS will provide technical assistance for all customers with valid support contracts of valid subscription contracts
4.2 NSS offers 2 levels of software support: standard and premium (also name advanced support).
4.3 Customers with a subscription based license have access to the standard level of support.
4.4 Customers with a valid Premium Support subscription have access to the advanced level of support.
4.5 All support services will be provided remotely
4.6 Where the Customer has acquired the software from a NSS partner, the Customer should first seek support from said Partner.
4.7 Customers with valid software support will also receive access to the latest fixes and patches via NSS website.
4.8 The support team will use reasonable efforts to provide a solution to the support request raised by the Customer or the Partner.
4.9 If the support request cannot be resolved in a timely manner, or if a software change is required to resolve the support request, NSS will assess the feasibility of the change and communicate to the Customer.
4.10 Due to the nature of the product and its integration in live environments, NSS does not commit to any fixed resolution service level agreement, however NSS will reasonable endeavors to bring a speedy resolution where possible.
5. STANDARD SOFTWARE SUPPORT
5.1 Target response time for technical assistance requests on standard support is 1 working day (Australian Business Hours).
5.2 Requests for support should be logged via NSS website (https://www.northbridgesecure.com/support) or via email to firstname.lastname@example.org.
6. ADVANCED SOFTWARE SUPPORT
6.1 Target response time for technical assistance on advanced support is 4 Australian business hours.
6.2 Requests for support should be logged via NSS website (https://www.northbridgesecure.com/support) or via email to email@example.com.
7. HARDWARE SUPPORT – STANDARD SUPPORT AND WARRANTY
7.1 NSS will provide remedial maintenance including the replacement, on an exchange basis, or repair of parts for products which have been stored and used under normal operating conditions (as defined in the product manuals) provided they are under warranty or are covered by a standard uninterrupted support contract.
7.2 The warranty period is thirteen months from the date the original purchased equipment is dispatched by NSS.
7.3 Faulty units, under warranty or maintenance, will be repaired or replaced within ten working days (excludes shipping times to and from the customer and maybe subject to export licence and sale authorisation).
7.4 RMA must be approved by the NSS support team before starting the hardware replacement process.
7.5 All equipment must be returned, at the Customer’s expense, with any physical keys (where applicable) as well as a printed copy of the completed RMA form. Missing keys and forms may delay the return of units.
7.6 All equipment should be returned individually wrapped in appropriate packaging and clearly labelled with the RMA number. No more than three units per box. Ineffective packaging may result in additional charges.
7.7 It is not possible to guarantee turnaround times for RMA shipments. Where more than two units are returned for RMA in a single shipment, NSS will confirm the turnaround time.
7.8 The RMA process does not apply to requests for lost, unusable or damaged physical keys, Smart Cards, LAN cables or power supplies, which are available as priced items.
7.9 Once the equipment has passed all tests following repair it will be returned at NSS’ expense.
7.10 If the equipment is beyond economical repair and under warranty or maintenance, a like for like replacement will be issued. In these cases the replacement unit will adopt the maintenance profile (maintenance expiry date) of the original unit.
7.11 Equipment will be loaded with the latest or appropriate software version unless otherwise stipulated on the RMA form and approved by the NSS support team.
7.12 NSS will pay for shipment to the customer based on standard delivery charges. Standard delivery can be up to ten days depending on customs and export restrictions.
7.13 It is the Customer’s responsibility to ensure they can accept the delivery at the address specified on the RMA form. Failure to do so may result in additional delivery charges and/or delays.
8. HARDWARE SUPPORT – ADVANCED SUPPORT
8.1 NSS will provide advanced hardware replacement for customers with Advanced Support agreements in lieu of the standard RMA process. This applies to one unit per ticket; the balance will be repaired under Warranty and Standard RMA terms.
8.2 Advanced replacement must be approved by the NSS support team before starting the hardware replacement process.
8.3 NSS will dispatch a replacement unit within one working day of receiving a completed RMA form and RMA number (subject to valid export licence and sales authorisation where applicable).
8.4 NSS will pay for shipment to the customer based on standard delivery charges (See 3.12).
8.5 Express delivery can be provided at the customer’s expense and must be specified at the time of request in a completed RMA form.
8.6 Customer will return, at their expense, the faulty unit within ten working days of having requested an Advanced Replacement to NSS head office. Where equipment is not received within ten working days, NSS reserves the right to charge for all equipment shipped as well as for any shipping costs incurred.
8.7 All other conditions of the RMA process remain valid under the advanced replacement process.
9. FORCE MAJEURE
9.1 Neither party shall be liable for delay or failure to perform any obligation under this agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to Acts of God, war, civil disorder or industrial disputes. If such delay or failure continues for a period of at least 3 months the party not subject to the force majeure shall be entitled to terminate this agreement by written notice to the other.
10.1 The Customer acknowledges that the transfer, distribution, and the performance of Services outside the United States and the United Kingdom are subject to both U.S. and U.K export 13 laws and regulations. The Customer shall not directly or indirectly use, distribute, transfer, or transmit the technical information (even if incorporated into other products) except in compliance with U.S. and U.K. export laws and regulations, as well as the U.S. anti-boycott laws. NSS will provide to the Customer a U.S. or U.K. Export License or Classification Request, as is necessary for the NSS Products to be exported to the Premises. The Customer is not authorised to export or re-export the Products. At NSS’s request, the Customer shall sign written assurances and other export-related documents as may be required for NSS to comply with U.S. and U.K. export laws and regulations.
11. CHANGES TO TERMS AND CONDITIONS
11.1 We may update these license terms from time to time. If we do, your use of the online service under any existing license during the first 12 months of your subscription license term will be governed by these license terms without those updates. Despite this commitment on use rights, if we are required by law to change the license terms, those new terms will apply immediately. We will endeavour to notify you of updates at least 30 days before they are generally effective.