Fluke Networks Gold
Terms & Conditions
Gold Support Program: General Terms and Conditions
The terms and conditions under which Fluke Networks will provide Gold Support, as defined herein, to the Gold Support member, and the responsibilities of the member and Fluke Networks are as follows:
The Gold Support Program is a paid membership for Fluke Networks customers only, providing a range of services and entitlements not available to the regular customer base. These services are established by the purchase of Gold Support program coverage.
Gold Support Program member is given priority and immediate handling for any Entitlements. The Entitlements will remain available for each applicable product for 12 months from the date of purchase of the Gold Support and upon annual renewal for each subsequent year. A 3 year option is available for some products, and when selected, the Gold Support will be paid in advance and remain in effect for 3 years.
Determination of duties and entitlements will be based upon information the customer provides to Fluke Networks.
3.1 - Gold Support Program member will: Maintain accurate and up-to-date records of the number and location of all Hardware, serial numbers and copies of the Software supplied to member under the terms of the License Agreement. Cooperate with Fluke Networks personnel in the diagnosis of any error or defect in the Hardware, Software, Updates, or Upgrades reported by End User. Make available to Fluke Networks all reasonable information, facilities, services and access required by Fluke Networks in order to perform Gold Support Program entitlements.
3.2 - Fluke Networks will: Use its reasonable commercial efforts to ensure that the Gold Support Program will be performed with reasonable skill and care in such a way as to cause only minimal interruptions to member business processes. There may be occasions when unavoidable interruption will be required in order to perform the program support in a proper and efficient manner. The express terms of the Gold Support Program are in lieu of all warranties, conditions, undertakings, terms of obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
4. DESCRIPTION OF GOLD SUPPORT ENTITLEMENTS
4.1 Priority Technical Assistance
4.1.1- The Fluke Networks Gold Support program provides 24-hour, seven days a week coverage for technical support except Fluke Networks holidays (New Year’s Eve and Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Day after Thanksgiving, Christmas Eve and Christmas). Our worldwide Technical Assistance Centers (TAC), staffed by trained technicians, are based at our corporate headquarters near Seattle, Washington (US) and Eindhoven (NL). Priority Technical Assistance benefit includes live troubleshooting assistance with our TAC, escalation to engineering support as required and unrestricted knowledge base access. There may be times that technicians are busy helping other customers. Please do not hang up the phone. Leave a voice mail message, including your name, country and a phone number where we can return the call. We will do our best to respond within one hour. If you need language assistance, please indicate the language you prefer.
4.1.2 - First and Second Level Technical Support: In the case of Fluke Networks Software, products purchased through communications service provider channels, First and Second Level Technical Support is provided by the channel. For all other products and customers, this support is provided by Fluke Networks.
First Level: Answering basic installation, configuration and operation inquiries regarding the application, use and operation of the Software.
Second Level: Answering and using reasonable commercial efforts to resolve problem inquiries; troubleshooting and isolating product problems vs. network, environmental or non-Fluke Networks supplied applications; assist customer with software upgrades and OS upgrades; assist customer with database activities such as upgrades, backup and restoration; providing existing workarounds; collecting all relevant information and attempting to simulate an end user problem, when practical, and sending all relevant information to Fluke Networks for further analysis.
4.1.3 - Third Level Technical Support Provided by Fluke Networks: If the communications service provider channel is providing First and Second level support, Third Level Technical Support will be provided only to that channel’s technical support personnel. If Fluke Networks is providing all three levels of support, then this support will be provided as appropriate and as part of the support escalation process.
4.2 Hardware Repair or Replacement
4.2.1 - When Hardware has been pre-qualified as defective or faulty, Fluke Networks will either exchange or repair the unit, at our discretion, at no charge to the Gold Support Program member. Exchange units will be new or refurbished (guaranteed good as new) at our option. The model exchanged will be the same unit covered by the Gold Support. Hardware covered by onsite repair agreements will be repaired or replaced at the discretion of the onsite technician. Faulty or defective accessories that were shipped with the product and are considered essential to the operation of the primary Hardware are covered provided a) the technical assistance center approves its return and b) the accessory is returned to Fluke Networks for evaluation.
4.2.2 - Any service repair must be performed by a Fluke Networks authorized service representative. Requests for service must be submitted via the internet or by phone and will be pre-qualified by Fluke Networks’ Technical Assistance Center (TAC).
4.2.3. - Any item, either abused or simply “worn out” due to normal usage does not qualify for Gold Support Program services. Fluke Networks reserves the right to determine if the cause of failure or out of specification performance is due to abuse of the Product. Should Fluke Networks determine that the Product failure is due to abuse, any applicable warranty or Gold Support Program coverage will be immediately voided for that Product. Abuse includes damage resulting from dropping the instrument. Future coverage will be denied to this Product unless it has undergone repair and is deemed suitable for coverage by an authorized Fluke Networks service repair facility.
4.2.4 - Hardware must have been continuously covered by the standard warranty or Gold Support Program coverage to be eligible for Gold Support Program repair/replacement services. An out of warranty primary Hardware must be judged “warranty supportable” by a Fluke Networks authorized service center to be eligible for initiation or re-installment into the program. There is a nominal charge for this service; however, the customer may forego the charge, but they must wait a minimum of thirty (30) days before using any repair/exchange or loaner entitlements of the program.
4.2.5 - Fluke Networks pays for all shipping for the customer equipment covered under a valid Gold Support. Shipping from Fluke Networks is by common carrier, “next day” unless circumstances require later shipment. Shipping back to Fluke Networks and any return shipping is always “second day”.
4.2.6 - Repair/exchange (with pre-paid shipping) for primary Hardware/Accessories are not available in certain countries worldwide. For a list of countries these services are available, please see section 5.1.1.
4.3 Hardware Calibration/Performance Verification
4.3.1 - Calibration is the precision adjustment of electronic measurement characteristics, traceable to officially recognized standards. Certificates are not available in all countries free of charge due to local government regulations. This service is offered once annually free of charge to Gold Support Program members. Traceable calibration data can be provided upon request for an additional fee. In certain countries, these services are performed by authorized service partners. In certain situations Fluke Networks is unable to pay for return shipping/VAT/duties/ insurance/handling.
4.3.2 - Any calibration/performance verification must be performed by a Fluke Networks authorized service representative. Requests for service must be submitted via the internet or by phone and will be pre-qualified by Fluke Networks’ Technical Assistance Center (TAC).
4.3.3 - Gold Support Program members are responsible for shipping to and from for performance evaluation of out of warranty equipment for support coverage assessment. Fluke Networks will pay shipping one way (return) during annual calibration or performance verification for products, which can be calibrated, or performance verified annually.
4.3.4 - Calibration/performance verification (with pre-paid shipping) for primary Hardware/Accessories are not available in certain countries worldwide. For a list of countries these services are available, please see section 5.1.1.
4.4 Hardware Loaner Units
4.4.1 - While a Hardware unit is being repaired or calibrated, the Gold Support Program member will be shipped a refurbished loaner or new unit of the same, or greater, model as that covered by Gold Support.
The loaner equipment is the property of Fluke Networks and must be returned within five (5) business days of receipt of the repaired/serviced equipment. Gold Support Program members who fail to return the Fluke Networks loaner equipment within 5 business days after they received the repaired/serviced equipment will be invoiced for the replacement price (at local MSRP) of the delinquent items. Non-return of the unit is grounds for termination of the Gold Support. Loaner units are not provided during a voluntary Enhancement or Option to the product.
4.4.2 - Fluke Networks pays for all shipping for loaner and exchange equipment under a valid Gold Support. Shipping from Fluke Networks is by common carrier, “next day” unless circumstances require later shipment. Return shipping to Fluke Networks is always “second day”.
4.4.3 - In order to receive a calibration loaner unit, calibration must be scheduled at least 6 weeks in advance. Every effort will be made by Fluke Networks to provide calibration loaners within 6 weeks, but this time-line is indicative only and Fluke Networks will not accept liability for any delays in providing a loaner unit.
4.4.4 - Loaner units (with pre-paid shipping) for primary Hardware/Accessories are not available in certain countries worldwide. For a list of countries these services are available, please see section5.1.
4.5 Accessory Repair or Replacement
4.5.1 - When an accessory, including copper test adapters and fiber cords, has been pre-qualified as defective or faulty, Fluke Networks will either exchange or repair the accessory, at our discretion, at no charge to the Gold Support Program member. Exchange accessories will be new or refurbished (like new) at our option. The model exchanged will be the same accessory covered by the Gold Support. Faulty or defective accessories that were shipped with the product and are considered essential to the operation of the primary Hardware are covered provided a) the technical assistance center approves its return and b) the accessory is returned to Fluke Networks for evaluation. In the case of permanent link adapters and fiber launch cords, customers will be entitled a replacement of a maximum of one defective set per year per the terms of this Gold Support Program.
4.5.2 - Fluke Networks pays for all shipping for replacement accessories under a valid Gold Support contract.
4.5.3 - Accessory repair or replacement not available in certain countries worldwide. For a list of countries these services are available, please see section 6.1.1.
4.6.1 - Gold Support Program will provide an error correction and problem solving service as follows: If the member discovers that the then-current supported version of Software fails to conform with any part of the description of the Software provided to member by Fluke Networks, then Fluke Networks, upon receiving notification of the Error, shall use its reasonable efforts to:
22.214.171.124 - Diagnose and resolve the reported error or problem; and provide the required solution to remedy or correct the Error or problem.
126.96.36.199 - Provide member with all assistance reasonably required by member to enable member to implement the error correction supplied as soon as possible.
188.8.131.52 - Correct Errors by “Fix” where Fluke Networks, in its sole discretion, considers such to be appropriate.
184.108.40.206 - Remote connection support shall only be provided by Fluke Networks in the event that telephone, fax or email support does not resolve a problem.
4.6.2 - Error Priority Levels: Fluke Networks shall exercise commercially reasonable efforts to correct any Error in the Software and the two Previous Releases in accordance with the priority level reasonably assigned to such Error by Fluke Networks.
Critical Errors (Priority 1): A Priority 1 situation exists when a customer’s network is completely down or the Software performance is severely degraded, causing critical impact to the business operations if the Software is not restored quickly. No work-around exists.
- Call Back Time: 2 hours maximum
Response shall be as follows:
- Assign engineers to correct the Error;
- Notify Fluke Networks management that such Errors have been reported and of steps being taken to correct such Error(s);
- Provide periodic reports on the status of the corrections; and
- Use best commercially reasonable efforts to provide a work-around or Fix as quickly as possible.
Serious Errors (Priority 2): A Priority 2 situation exists when a customer’s Software performance is degraded. This degradation in Software performance is impacting significant aspects of the business operations. A work-around exists to bring the Software back online and in accordance with technical specifications.
- Call Back Time: 4 hours
Response shall be as follows:
- Provide existing Fix, and
- Exercise commercially reasonable efforts to include the Fix for the Error in the next regular Software Update release.
4.6.3 - The Gold Software Support Program described above shall not include service in respect to:
220.127.116.11 - Defects or Errors resulting from any modifications of the Software, Updates, or Upgrades made by any person other than Fluke Networks.
18.104.22.168 - Incorrect use of the Software, Updates, Upgrades or operator error.
22.214.171.124 - Any fault in member hardware, computer equipment or in any programs used in conjunction with the Software or Updates or Upgrades.
126.96.36.199 - Defects or errors caused by the use of the Software or Updates or Upgrades on or with equipment or programs not approved by Fluke Networks.
188.8.131.52 - Fluke Networks shall have no obligation to support Software that is not either, (1) the then-current Release or one of the two immediately previous Releases, or (2) a Release that was shipped by Fluke Networks within the last twenty-four (24) months.
4.7 Software Updates and Upgrades
4.7.1 - Gold Software Support Program includes software Updates and Upgrades
4.7.2 - Software customers must purchase one year of Gold Support Program services with their initial license purchase. This support provides remote installation technical support via the phone or email.
4.7.3 - In some cases in order to be eligible for software Updates and Upgrades, Software must have been continuously covered by Gold Support Program. Gold Support Program coverage that has lapsed can be brought to current status by purchasing sufficient months of service to cover the lapsed period plus 12 months. In such an instance, the Gold Support Program start date will be back-dated to the next day after original service expiration.
4.7.4 - In some instances, Gold Support Program includes firmware Updates and Upgrades, consult the chart link in section 5.2.1.
5.0 GOLD SUPPORT ENTITLEMENT ELIGIBILITY
5.1 - The hardware repair/replacement benefits, hardware calibration/performance verification benefits, hardware loaner unit benefits, accessory repair/replacement benefits, and reconditioned equipment access benefits are currently available within the following countries only:
|Asia/Pacific||Latin America||North America||Europe|
|China||Brazil||United States (excluding US territories)||Balearic Islands||Lithuania|
|Japan||Costa Rica||Canary Islands||Netherlands|
5.2 - Varying levels of Gold Support may be available in other countries not listed above; contact your local sales representative for support options.
5.3 - Entitlements vary by Product. Please click on the link to review entitlements by Product.
6. PAYMENT TERMS AND TERM OF AGREEMENT
6.1 - Full payment for the Gold Support Program agreement is to be made at purchase, unless otherwise stipulated. No refunds will be granted for unused services. Customers who decide after purchase that the Gold Support Program is not for them, at Fluke Networks discretion, customers may receive a credit of the balance of the unused portion t towards other Gold Support Program coverage (whole months rounded), limited to a maximum of six (6) months of the term. This credit will also be debited the List Price of any services rendered. Customers that have utilized repair, accessory replacement, calibration services or had a firmware release made available via the Program during the term of the Gold Support Program being cancelled are ineligible for cancellation credit. Any Gold Software Support is ineligible for cancellation credit.
6.2 - An account is considered delinquent under the following circumstances: a) Fluke Networks loaner or customer’s replaced (exchange) equipment is overdue to the Fluke Networks designated return location b) The customer has failed to complete the purchase process with specified terms.
6.3 - Grounds for termination include: a) Customer is delinquent with equipment b) Non-payment for membership c) Customer resides in a country on the US Department of Commerce embargo list d) Customer is found to be falsifying any claims on mainframes or accessories e) Customer knowingly used Gold Support Program t to take advantage of services and entitlements for products not covered.
6.4 - The Gold Support Program is non-transferable to a new owner if the mainframe or hardware is resold. Fluke Networks software license agreements and accompanying Gold Software Support are non-transferable.
6.5 - Gold Support coverage that has lapsed more than 60 days will require a Reinstatement fee per hardware item to be covered by Gold Support.
7. LIMITATIONS OF LIABILITY
7.1 - THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY. THE PRODUCT AND ALL MATERIALS RELATED TO THE PRODUCT ARE SUBJECT EXCLUSIVELY TO THE WARRANTY ACCOMPANYING THE PRODUCT AT TIME OF PURCHASE.
7.2 - IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FLUKE NETWORKS OR THIRD PARTY PROVIDERS UNDER THESE TERMS OR IN CONNECTION WITH THE GOLD SUPPORT PROGRAM, UNDER ANY THEORIES OF ACTION WHATSOEVER OR IN ANY FORUMS, EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT COVERED BY THE GOLD SUPPORT PROGRAM. IN NO EVENT SHALL FLUKE NETWORKS OR THIRD PARTY PROVIDERS BE LIABLE UNDER THESE TERMS OR IN CONNECTION WITH THE GOLD SUPPORT PROGRAM FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA AND INTERRUPTION OF BUSINESS), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
What follows are broad definitions of terms used in the Gold Support terms and conditions. They are further defined by Fluke Networks normal business practices and procedures.
ACCESSORIES: Accessories are any products that accompany the primary Hardware product. They include, but are not limited to, battery packs, channel adapters, link adapters, cables, leads, clips, personality modules, cases and connectors. Accessories covered within the Gold Support Program do NOT include individually purchased or ancillary accessories.
CRITICAL ERROR (Priority 1): A Priority 1 situation exists when a customer’s network is completely down or the Software performance is severely degraded, causing critical impact to the business operations if the Software is not restored quickly. No work-around exists.
END USER: End user is defined as the party authorized to contact and access the Gold Support Program. The end user may or may not be the purchaser or contact for the Gold Support Program.
ENHANCEMENTS: Enhancements are defined as a modification that changes the product form, fit or function. Software and firmware upgrades to a product are not considered enhancements.
ENTITLEMENTS: Entitlements are the benefits and products to which the purchased support provides. Members may access their benefits immediately upon purchase (unless their unit is out of warranty in which case they will be required to have the unit performance verified or to wait 30 days before using any repair/exchange or loaner features of the program). For security reasons, proof of purchase may be required in certain instances if we are unable to identify the user.
ERROR: An error in the Software that degrades the Software as compared to published performance specifications.
ERROR CORRECTION: Use of reasonable commercial efforts to correct Errors.
FIX: Repair or replacement of object or executable code versions of Software to remedy an Error.
HARDWARE: Hardware refers to primary physical equipment that is covered by Gold Support.
OPTIONS: Options are new software or firmware functionality (not upgrades) that can be purchased after owning primary Hardware. Options are not included with the original primary Hardware purchase and are not provided free of charge to Gold Support members.
PREVIOUS RELEASE: The release of Software that has been replaced by the then-current release of the same Software.
PRODUCT: Fluke Networks Hardware, Software, or Accessory, which is covered by a valid annual Gold Support Program.
SERIOUS ERROR (Priority 2): A Priority 2 situation exists when a customer’s Software performance is degraded. This degradation in Software performance is impacting significant aspects of the business operations. A work-around exists to bring the Software back online and in accordance with technical specifications.
SOFTWARE: The software program(s) licensed by Fluke Networks to the licensee that is covered by a Gold Software Support Program. It may also refer to a program that was sold with Hardware. In no case shall Gold Software Support Program coverage be construed to cover ‘Operating System Software’.
TECHNICAL SUPPORT: Support services as described in these Gold Software Support Program.
UPDATE: A modification to the software product within the current version. Typically, these are known as ‘dot releases’, i.e.: 3.1, 3.2 and 3.3 are dot releases to base software program release 3.0. Updates are provided to Gold Software Support Program customers at no additional charge.
UPGRADES: A major revision to existing Software that augments current functionality. These are typically referred to as major version releases, and are accompanied by a new leading digit in the software version identification i.e.: 3.x to 4.x Software Upgrades are also provided to Gold Software Support Program customers at no additional charge.
WORK AROUND: A change in the procedures followed or data supplied by Fluke Networks to avoid an Error without substantially impairing the end-user customer use of Software.