Terms of Service
Products purchased from Serengeti include Standard Support for one full year from
the date of purchase. Customer may also choose to purchase
Pro Support to further ensure their successful
deployment and operation of Serengeti products. Standard
Support includes the following services:
Technical Support requests must be made via a web site form. Customer will receive a response within one business day of the initial
request. The final resolution of the problem may take longer. Support
includes assistance with installation, configuration and basic usage,
including troubleshooting of hardware and software conflicts. It does not
include training, programming or script development. All software and scripts
included with Serengeti products or developed for a fee are supported unless
provided "as is" or modified by the Customer.
Customer is also entitled to install patches and bug fixes for the version of
software licensed. Upgrading to major releases, including new features, requires
a Pro Support contract or purchase of an upgrade license.
Technical Support includes troubleshooting of suspected environmental
conflicts, protocol errors and product defects. Serengeti staff may require
the Customer to assist in diagnostic efforts, including performing tests,
enabling diagnostic features and providing diagnostic and data files as
needed. In order to provide this level of support, Customer personnel
contacting Technical Support must be computer literate and capable of
rendering such assistance. Where necessary, support requests will be
escalated to senior support staff and development staff.
If a problem is deemed to be a software defect in Serengeti software, Serengeti, at
its sole discretion, will do one or more of the following: a. fix
the defect and provide a patch or update to the Customer; b. notify Customer
that the defect has been fixed in a later version of the software; c. suggest
one ore more alternatives or workarounds that will avoid the defect; d.
notify the Customer that the defect will not be repaired in the foreseeable
Technical Support will be limited to addressing problems in the use and
function of Serengeti products. If Serengeti products fail due to a conflict
with the operating system, computer or other installed hardware or software,
Serengetiís obligation will be limited to assisting in the identification of
the problem or ruling out Serengeti products as the cause of the problem.
When problems arise from suspected incompatibilities in the communications
protocol between Serengeti products and another system, Serengeti
volunteers to discuss and identify the problems with the staff administering the
Serengeti hardware products (devices) are covered by a Hardware Warranty.
Hardware is warranted to perform as designed for one year from
date of purchase. Serengeti will test any device which is returned under
warranty. If the
device is determined to be functioning properly it will be returned to the Customer. If the device
is determined to be defective, Serengeti will ship a replacement device via a
standard delivery service within one business day of receiving the device from
Serengeti will not provide support for any product used with an unsupported
operating system version, used with
unsupported hardware, or used in any manner other than its intended use.
Customer must obtain approval from Serengeti support staff prior to
returning any product, including hardware devices.
Response times are based on Serengetiís standard business hours of Monday
through Friday, 9:30am to 6:30pm CST, excluding holidays. The actual resolution of
a problem can take longer than the initial response. Shipments to non-U.S.
destinations may take longer and will incur additional charges.
Pro Support contracts may be purchased on an annual
basis for selected Serengeti products within one year from date of purchase. The initial support term will expire one year from the original date of purchase of the product, regardless of when the support contract was purchased.
Pro Support includes all the terms of Standard Support, plus the additional
services described below.
Support requests may be made via telephone. A response is
guaranteed within four business hours of the initial request. The actual resolution may take
Customer is entitled to upgrade their licensed software to all new releases of
If covered hardware fails, the Hardware Replacement Plan is in effect. Defective hardware will be shipped via overnight delivery within one business day of problem determination for regularly stocked items. Back-ordered items may take longer to ship. Defective hardware will be replaced with identical hardware or, at the discretion of Serengeti Systems Incorporated, current comparable hardware in the event that identical hardware is no longer available.
When identical hardware is unavailable, Serengeti Systems Incorporated makes no guarantee that the replacement hardware will maintain backward compatibility with existing systems. Likewise, the Hardware Replacement Plan specifically does not cover the obsolescence of any covered Serengeti hardware by changes or upgrades in the user's PC hardware environment.
Response time guarantee entitles Customer to a refund of one month of their paid
support fee if stated response time was not met.
Pro Support contracts must be purchased concurrently for all licenses of
the product owned by Customer. Serengeti may, at its discretion, prorate the contract
term for subsequent Pro Support contracts so that all contracts renew at the
same time as previously purchased contracts.
All private label hardware sold by Serengeti (i.e., Sync/PCI, SmartSync/DCP)
carry a one year part and labor limited Hardware Warranty. Third party products sold
Serengeti (e.g., Hayes modems) are covered by the original manufacturer's warranty.
Warranty claims for third party products will be directed to the manufacturer.
If an optional Pro Level support plan has been purchased, the Hardware Replacement Plan
is in force and warranties are handled
in accordance to the terms of the plan. See preceding sections for more about
technical support and warranty options.
Product Return Policy:
All Serengeti products are warranted to function properly and to serve
their represented purpose. If for any reason a Customer elects to return
a Serengeti product in good condition within 30 days following purchase,
any payment made will be credited, less shipping costs, and any unpaid
bill will be adjusted to reverse all charges other than shipping costs.
Customer agrees to provide Serengeti's Sales staff with a full
explanation of any such return.
Software held by a customer beyond 30 days following licensing may
be accepted for return at Serengeti's sole discretion, on a case-by-case
basis. Hardware held beyond 30 days, if accepted for return, will be
subject to Hardware Restocking Fee (see below).
All amounts paid for annual support plans are non-refundable.
Customers may request products for evaluation for a finite period.
Serengeti will evaluate each request on a case-by-case basis to determine if
an evaluation is appropriate. Serengeti may at any time demand
return of product under evaluation. Evaluation product not returned
within 30 days or within the agreed upon period or following a request by
Serengeti for its return will be considered to have been purchased and
an invoice will be issued accordingly.
Payments and Late Payment Penalties:
Customers paying on credit terms agree that the meaning of "Net 30"
is that Serengeti is to receive payment within 30 days OR LESS from
date of delivery. Failure to pay within 30 days subjects Customer to
loss of credit approval and loss of discounts for future orders,
even if committed in writing. Serengeti may further withhold
Technical Support and/or disregard Hardware Warranty commitments on
behalf of customers in arrears, until their accounts are brought current.
If payment is not received within 30 days following product
delivery, Serengeti reserves the right to press for collection of
the full value of the invoice at list price, with any discounts
being forfeited, plus interest or late fee equal to 1.5% of the
unpaid balance for each 30 days or fraction thereof during which
it remains unpaid, retroactive to original billing date. If use
of a collection agency or formal legal action are required in
order to recover payment, Customer is further liable for
reimbursement to Serengeti of all collection agency fees, attorneysí
fees and/or court fees, plus any additional expenses incurred in
preparation of testimony and/or travel to testify before a court, to
the fullest extent allowed by prevailing law in force at Customerís
Consulting and Contracting Services:
Serengeti retains experienced Consulting, Technical Support,
and Development personnel qualified to assist users in areas ranging
from communications network design through hands-on development of
scripts, application programs, and in some cases customization of
Serengeti products. Hourly rates are available for consulting
and contract staff, either onsite or offsite, in units of no less
than eight hours. Many projects can be performed in Serengetiís offices
without travel, at hourly billable rates or under firm fixed price contract
based on specifications. For onsite consulting, the Customer must agree to
bear reasonable costs of Travel and Living plus one staff day for travel
time within the U.S. Central time zone, two days elsewhere in North or
South America, and three days in all other locations.
Software Protection Policies:
Serengeti used various means to protects its
software assets from unauthorized replication and piracy both deliberate
and inadvertent. This is accomplished through three methods: (1)
linking software to specific hardware required for the software to
function; (2) keying the software to the host
machine on which it runs where there is no Serengeti hardware
to link the software to; or (3) linking the software to a "dongle",
a physical device that must be
installed on the computer in order for the software to function.
In keying software, Serengeti issues a key based on the host machineís
characteristics. This key cannot be used to enable the software on a
different machine without the issuance of a replacement key. Serengeti
permits a user to transfer the software from one machine to another
by invalidating the prior key and issuing a new key. The user is
obligated to provide Serengeti with a valid removal key generated by
the software before a replacement key will be issued. Customers with
environments where frequent reinstallation makes software keying overly
inconvenient may elect to purchase dongles as an alternative. Dongles
are an added cost item. In installations where either a Serengeti
hardware component or a dongle accompany the software, the tangible
product, available from Serengeti alone, is adequate protection for
Backup Hardware, Software Copies and Backup Systems:
Serengeti recognizes that many organizations using its products cannot
afford to be without data transfer capability for even a single day,
and that lost time can represent an unacceptable hardship. Serengeti
encourages Customer contingency planning, and underwrites it by
discounting product used for backup purposes and encouraging software
media protection. Serengeti cannot be responsible for lack of
appropriate contingency planning on the Customerís part. Therefore
Serengeti encourages its customers to maintain backup product and
software copies appropriate to their needs, subject to definitions
and limitations described below:
System Backup: A customer who loses a hardware board or the
machine on which a Serengeti product runs is unable to process until
he has installed a replacement board and/or brought up an entire new
machine and reinstalled the Serengeti software, preceded by reinstallation
of Serengeti hardware if applicable. Serengeti does not claim that
its hardware boards can never fail. Communication board failures,
however, are statistically rare in comparison to other computer failures.
Because a computer is dependent on ALL of its components parts, it can
fail due to failure of any one: a power source, memory chip, hard drive,
motherboard, video adapter, etc.
Although a machine reinstallation can be accomplished within as little
as a half day provided all goes well, it can occur at an inopportune
time and sometimes may take two days or more to resolve. For this reason,
combined with the fact that Serengetiís hardware boards are "key" to
Serengetiís complete product, Serengeti maintains a policy of NOT
selling "shelf backup" hardware boards without software. For most
customers, that solution is only marginally of benefit. Instead, a
customer for whom backup is essential is encouraged to maintain a
full system backup on a separate PC, installed and tested and "ready
to go", and although not used for regular processing, available to
be pressed into service instantly if and when required.
Backup product may be purchased at a discount from list price.
The Customer must commit to use a Backup product for reserve backup
purposes only and not for either additional processing capacity nor
for "peak processing" capability. Except for testing, it should not
be placed in service while the machine with the original software
installed is running.
Software Copies: Serengeti software is supplied with a key code
that uniquely identifies the software. It is delivered either by
download or on CD media. The Customer is authorized to make as many
backup copies of Serengeti software as is necessary to ensure
recovery, on whatever media he selects.
Customers who delete or overwrite a software installation for any
reason whatsoever, or who lose the hard disk on which it is installed,
and who do not have the original media or adequate backup, will need
to approach Serengeti for replacement software. If the same release
is still shipping or if it is within one year of its original licensing,
Serengeti will make the software available for download at no cost to
Customer. A customer in the same situation who requires replacement
media on CD will be charged a Lost Media fee of $45. More than one
year from the Customerís original licensing, if the currently shipping
release has been upgraded from the release originally licensed to the
Customer, the Customer will be required to pay a software upgrade fee
(see Software Upgrade Policy above), whether or not the Customer
actually requires such upgrade for any functional purpose. The same
policy applies if the Customer has the original media but it has been
damaged in such a way as to make it unusable. For this reason
Serengeti Systems strongly encourages all customers to back up their
Changes to Policies:
Serengeti reserves the right to change prices and policies
at any time. Under normal circumstances, Serengeti will honor the prices
and policies in effect at the time of licensing for 30 days following