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Technical support and maintenance terms and conditions

Captio will provide Technical Support services in accordance with the following term and conditions. All capitalized terms not defined herein are defined in the applicable licensing or terms of service agreement.

This Agreement was updated in May 2017.

1. Definitions
a) "Authorised Partner": means any of the distributors, resellers or other commercial partners of Captio authorised in writing by Captio to sell the Software.
b) "Client": means the company or other legal entity, which have purchased Products and Services, and to witch Captio provides Support.
c) "Product and/or Service": means the Software Use Licence and/or the days of service that the Client or its Subsidiaries have purchased.
d) "Renewal": means that the Client continues using the Products and Services contracted without indicating its express, authoritative intention not to renew them 30 days prior to the end of the effective period of the Software Use Licence and/or the Licence Plan contracted.
e) "Software": means the online and portable platform Captio owns that permits the input of tickets and invoices, extracting and classifying the data for subsequent use on the Internet.
f) Support or Technical Support: means the support services for Captio Licence use of the Software purchased by Client either from Captio or from Captio’s Authorised Partner.
g) "User": means any individual authorised to use the Software by reason of a subscription contracted for the Software Use Licence.

2. Provision of Support: Captio will provide Support to Client during the period of the subscription of the Software Use Licence. The Client will not be entitled to receive Support i) if the Client has not purchased the Product; ii) outside of the period of each Product.

3. Updates and Upgrades: Captio grants to Client a non-exclusive, non-transferable licence to use upgrades and updates provided by Captio during the period of subscription of the Software Use Licence. These activities shall include maintenance service for the Software, which will include those corrective and development activities necessary for its proper functioning. In this sense, Captio agrees to make all updates to the Software available with error and bug correction for the Software as soon as it has them available.

4. Response time: Captio uses commercially reasonable efforts to meet the response times set forth in the following escalation and response:

a) Critical impact on business continuity:
  • Significant deterioration of the service: The Client cannot continue to work.
  • Initial response: 2 hours within working hours.
  • Actions at Captio: i) Allocation of the appropriate resources to maintain continued efforts until the incident is resolved; ii) Creation of a communication channel in order to track the incident resolution process.
  • Captio Security’s Client Engagement Requirements: Client to participate on a technical fault isolation call (24x7) until a solution and or work around is found.
b) Moderate impact on business continuity
  • Moderate deterioration of the service. The client can continue to work reasonably well.
  • Initial response: 4 hours within working hours
  • Actions at Captio: i) Allocation of the appropriate resources to maintain continued efforts until the incident is resolved; ii) Creation of a communication channel in order to track the incident resolution process.
  • Captio Security’s Client Engagement Requirements: Client to participate on a technical fault isolation call (24x7) until a solution and or work around is found.
c) Minimal impact on business continuity
  • Minimal deterioration of the service or doubts about operation. The client is practically able to work normally.
  • Initial response: 8 hours within working hours
  • Actions at Captio: Allocation of sufficient resources to resolve the incident.

 d) Request for information or feature modifications

  • Client request product documentation or other information that does not requiere troubleshooting and issue resolution.

Note:

  • Captio’s websites for the provision of Support may be suspended for brief periods due to scheduled maintenance and other factors.
  • If a Client cannot commit to the Captio’s Client Engagement requirement as detailed in section a) and b), Captio reserve the right to lower the severity of the issue reported to support until such time as this can be met.
5. Exclusions: Captio’s commitment to service availability is not applicable in the case of performance or availability problems that are attributable to:
  • Factors beyond Captio’s control (for instance, network failures, outages in Microsoft’s data centres).
  • Use of the service by the Customer that is incompatible with the documentation provided by the tool.
  • Use of the service by the Customer after Captio having recommended modifying the way in which they use the service or if the Customer has not been able to modify their use of the service as recommended for any reason.
  • The use of web browser of operating systems that are not supported by the manufacturer (obsolete software).
  • Use of mobile operating systems that do not meet the minimum version requirements stipulated by Captio:
    • IOS 8
    • Android 4.0.4
    • Windows Phone 8.0
  • Use of mobile devices that do not meet the minimum requirements stipulated by Captio:
    • Permission to access the Internet.
    • Permission for auto-focus.
    • Permission for camera.
    • Minimum recommended space available of 100 MB.
  • Customer network inaccessible for Captio’s services.
  • Use of hardware in poor condition.
  • Maintenance tasks performed by Captio that were properly announced.

6. Support Period: The Support Period either begins: i) at the date the Product was purchased or (ii) at the renewal date of the Product.

7. Contact information: 

  • E-mail support@captio.zendesk.com.
  • Zendesk support portal, accessible through forms available on the public website, the web application and the mobile application.
  • Schedule: Monday to Friday, 08:00 to 18:00. Exception: national festivity.
8. Obligations of Client:
  1. Support Process: Client must report Product problems to Captio Support organization, and be prepared to provide Captio with i) identification of the Client, (ii) a detailed description of the problem, (iii) a description of the hardware on which the Software is loaded, including any serial number or service tag number where applicable, (iv) the names and versions of any operating systems, networks, and software running with the Software, including patches and fixes, (v) and technical contact information.
  2. Access: Client shall provide Captio with sufficient, free and safe access to the Products, Customer's computer systems networks from the Client.
9. Termination: Captio reserves the right to immediately terminate Support, without any further obligation to Client, if Client tampers with or modifies the Product or Services without prior written authorization of Captio, or otherwise uses the Products in violation of the applicable agreement or of these Support Terms.