Service & Support Agreement

Usage Rights

Information Technology grants you the right to make full use of the services indicated in the assumed contract (implicitly accepted through request and utilization of your University Backup Services account) in place between you and Information Technology. You may expect the service to be available as indicated in the Availability section below, subject to the restrictions and liability limitations as detailed below. This agreement supersedes any prior service and support agreement and is effective immediately upon request of a University Backup Services account. Information Technology reserves the right to modify the terms of this service and support agreement at any time. Information Technology will notify you if the service and support agreement is modified (via web-based announcements), and you have the right to reject the modifications and terminate service by notifying Information Technology within 10 business days of the notice of modification. If you fail to notify Information Technology of your desire to terminate this agreement within 10 business days of being notified of any modifications, you will then be accepting those modifications. Termination of service may or may not result in a prorated refund of paid monies, subject to the terms indicated in the Cost and Billing section below.

Restrictions

You may not rent, lease, or resell any of the University Backup Services that Information Technology provides. In addition, University Backup Services reserves the right to restrict offered services, in part or in whole, to customers who are unable to meet the minimum software and hardware requirements as set forth by the vendor supplying the software to provide such services.

Cost and Billing

Billing for University Backup Services normally takes place after the end of every calendar month,and the billed amounts are charged against a University of Louisville FRS account. If your service registration and account creation occurs after the start of any calendar month, but before the end of any calendar month, you will be assessed the full base monthly fee (if any), in addition to any additional usage fees that may apply for usage in that month. For any month of service, you will be assessed the base monthly fee (if any), and any additional fees that may apply for a particular month. The fees billed to you are derived from the costs associated with the University Backup Services requested.These charges are designed to be paid monthly after service provision. No allowance is made for payment of services under any other terms.

Prior to the beginning of a new fiscal year, Information Technology reserves the right to adjust the schedule of fees as needed to recover the cost of services. You will be notified via on-line announcements prior to the start of a new fiscal year to determine your desire to continue subscribing to University Backup Services, and unless you indicate otherwise you will automatically be billed through a University of Louisville FRS account for the fees in effect for the new fiscal year.

University Backup Services offered by Information Technology is not offered on a trial basis or on a pre-arranged temporary basis. These services are established in good faith that you intend to make full use of University Backup Services on an on-going basis. As fees are billed for and charged against a University of Louisville FRS account after provision of service for any given month, no refunds are issued upon termination of service. In addition, termination of service prior to the end of any given month will not result in any refund (full or prorated) of the base monthly fee or any applicable additional usage fees.

Rate Schedule

Customer Support

Customer support for client software, usage questions, or general problems with University Backup Services are available through the Information Technology HelpDesk at (502) 852-7997 or through e-mail at helpdesk@louisville.edu. Technical problems or University Backup Services issues will be referred as necessary to University Backup Services staff through the Information Technology HelpDesk. Only client software available from the University Backup Services web site are supported through the Information Technology HelpDesk.

Inquiries or actions on billing, expansion, reduction, initiation, or termination of University Backup Services are available initially through the Information Technology HelpDesk at (502) 852-7997 or via e-mail at helpdesk@louisville.edu. The Information Technology HelpDesk will refer you to University Backup Services as needed for additional information and service.

Hardware, client software, or connectivity problems can be addressed by calling the Information Technology HelpDesk at (502) 852-7997. The HelpDesk will assist you in evaluating your problem, and you will be asked to describe the problem you are having in as much detail as possible. If your problem can not be resolved immediately, the HelpDesk will open a problem ticket for you which will be forwarded to the appropriate support group. Hardware, client software, or connectivity problems requiring on-site appointments are provided on a fee basis by Information Technology staff.

Availability

University Backup Services will be offered as a 24-hour, 7 day a week service, except for the following times ("exceptions"):
12:00 P.M. - 04:00 P.M. every Thursday for preventative
maintenance or problem resolution operations

While University Backup Services may be available during the exception times noted above, you assume the risk of utilizing University Backup Services and the risk of any client software problems, usage problems, or data loss. Information Technology takes no responsibility for the usability of University Backup Services nor the loss of data during the exception times.

In addition, there may be other times needed to perform maintenance or emergency operations in addition to the exception times noted above. When maintenance or emergency operations are required outside of the exception times noted above, Information Technology will attempt to provide at least 48-hour notice to customers via online announcements. Requests for University Backup Services availability during noted exception times above may be submitted to samminis@louisville.edu at least 72 hours in advance of the requested availability time. Requests less than 72 hours in advance will not be honored. Requests will be honored if possible, dependent upon prior system commitments and needs. Confirmations of such requests will be sent back to the requesting e-mail address. Only requests issued from current customers will be accepted, and each request should include the date and time of availability desired, as well as a detailed description of any particular aspect of University Backup Services needed during the availability request time.

Limitation of Liability

Information Technology will, to the best of its ability, provide information about and descriptions of the University Backup Services available; however, you must decide upon the applicability of such services to meet your needs. Information Technology does not assume liability for damages, loss of profit or savings, or other incidental or consequential damages arising from the use of and/or inability to use the University Backup Services provided. Information Technology does not assume any liability as to the fitness of University Backup Services for a particular purpose. Warranties and software license agreements in force by vendors providing software and other such services to Information Technology remain in force when utilized by you. You agree to abide by the agreements in force for University Backup Services and Information Technology.

In addition, Information Technology does not assume liability for any loss of data stored on equipment provided by University Backup Services or Information Technology. Although steps are taken to safeguard against loss of data, Information Technology can not guarantee the validity or availability of data stored on University Backup Services systems. You acknowledge that provision of such services entails the potential possibility of some human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which could give rise to loss or damage of data.

You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages, including examination and confirmation of results prior to and after use thereof, provision for identification and correction of errors and omissions, and potential reconstruction of data. You agree to maintain at all times alternative methods capable of substitution for University Backup Services performance and services or to assume the risk for outages/unavailability of these services and the resulting impact on your business and/or operations.

Confidential Treatment of Information

University Backup Services shall not disclose your data to any third party, except as authorized by law. The obligation of University Backup Services is limited to diligent compliance with the same methods and procedures that University Backup Services uses to protect its own confidential and/or sensitive data from disclosure. University Backup Services agrees to restrict access to your data pursuant upon standard access restrictions; however, you acknowledge that access restrictions, by their nature, may be breached and University Backup Services does not guarantee that such data can not be accessed by unauthorized persons capable of circumventing such security restrictions.

Availability of Technology

University Backup Services will attempt to provide new client software or upgrades as the technology and software become available and as the installation and/or availability of such software/upgrades serves the best interests of the University. Customers may request the addition or upgrade of software (client or server), as well as the introduction of new or expanded services, by sending an e-mail to samminis@louisville.edu or by contacting the Information Technology HelpDesk at (502) 852-7997.

You also acknowledge that Information Technology reserves the right to announce the discontinuation of a service or client software platform with at least 6 months notice via online announcements. University Backup Services will, in such cases of discontinuation, attempt to provide similar functional capabilities in other software or with other upgrades, but makes no commitment as to the possibility or feasibility of doing so.

Comments/Questions

Comments and questions concerning the terms of this support and service agreement can be addressed by contacting Information Technology at the following address:

Information Technology - Data Center Services
Attn: University Backup Services
109 Miller IT Center, MS #03
University of Louisville
Louisville, KY 40292