xMv3.5 - Source Code License Sample - For existing full source and prospective full source clients.

This is a CONTRACT between you (Sample client) and xpandedMedia.com, which covers your use of the "xpandedMedia.com Recruitment Job Board Source Code".

All such software is referred to herein as the "Software Product." A software license issued to a designated user only by xpandedMedia.com or its authorized agents is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this End-User License Agreement (EULA) you are acknowledging and agreeing to be bound by the following terms:

Summary of this EULA:

1.    Evaluation copies may only be used to determine suitability
2.    License for use is non-exclusive, non transferable right
a.    User has the right to modify, alter, improve, or enhance the Software Product
b.    Distribution of modified Software Product is prohibited
c.    Support of modified Software Product must be agreed upon between xpandedMedia.com and the user prior to distribution
d.    You may install each Software Product License on EACH DDOMAIN INSTANCE within your organization.
3.    The Software Product is owned by xpandedMedia.com and is protected by United States and international copyright laws
4.    You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without xpandedMedia.com's written approval
5.    You hereby agree to indemnify xpandedMedia.com against and hold harmless xpandedMedia.com from any claims
6.    Any software provided along with the Software Product that is associated with a separate license agreement
7.    xpandedMedia.com may provide you with support services related to the Software Product
8.    xpandedMedia.com may terminate this EULA if you fail to comply with any term or condition of this EULA
9.    U.S. Government use
10.    Export of Software Product is limited to that allowable by law
11.    YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS”
12.    Limitation of liability
13.    High risk activities
14.    Governing Law; Entire Agreement; Dispute Resolution
15.    If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect
16.    If you are located outside the U.S., then the provisions of this Section shall apply
17.    Client Domain Licenses (Sample client)
18.    License Tracking
19.    Contact Details


1. EVALUATION LICENSE WARNING
This Software Product under special circumstances can be used in conjunction with a free evaluation Software Product License. If you are using such an evaluation Software Product License, you may use the Software Product only to evaluate its suitability for purchase. Evaluation Software has been limited in some way either through timeouts, disabled save or restricted use. xpandedMedia.com BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER EXPIRATION) OF THE SOFTWARE PRODUCT AND HAS NO DUTY TO PROVIDE ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE OF AN EVALUATION LICENSE.

2. GRANT OF NON-EXCLUSIVE LICENSE
xpandedMedia.com grants the non-exclusive, non-transferable right for a single user, or household to use this Software Product. Each additional user or household of the Software Product requires an additional Software Product License. A household is defined as you, your spouse, and any dependents living within your residence.
When the source code is provided with the Software Product, xpandedMedia.com grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
Although rights to modification of the Software Product are granted by this EULA, you may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Software Product also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by xpandedMedia.com.  You may, at your discretion, contact xpandedMedia.com about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between xpandedMedia.com and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between xpandedMedia.com and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between xpandedMedia.com and the user.  Contact xpandedMedia.com using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from xpandedMedia.com. You may not re-distribute this software product to any third party.

You may make copies of the Software Product as is reasonably necessary for its backup use. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. You may not modify or create derivative copies of the Software Product License.
All rights not expressly granted to you are retained by xpandedMedia.com.

3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY xpandedMedia.com
The Software Product is owned by xpandedMedia.com and is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This
Software Product copy is licensed, not sold. You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from xpandedMedia.com or its designated agents. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of xpandedMedia.com. xpandedMedia.com reserves all intellectual property rights, including copyrights, and trademark rights.

4. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without  xpandedMedia.com's written approval, and subject to written agreement by the recipient of the terms of this EULA.

5. INDEMNIFICATION
You hereby agree to indemnify xpandedMedia.com against and hold harmless xpandedMedia.com from any claims, lawsuits or other losses that arise out of your breach of any provision of this EULA.

6. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.

7. SUPPORT SERVICES
xpandedMedia.com may provide you with support services related to the Software Product. Use of any such support services is governed by xpandedMedia.com policies and programs described in online documentation and/or other xpandedMedia.com-provided materials. As part of these support services, xpandedMedia.com may make available bug lists, planned feature lists, and other supplemental informational materials. xpandedMedia.com MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS.  FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST xpandedMedia.com.
Any supplemental software code or related materials that xpandedMedia.com provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to xpandedMedia.com as part of the support services, xpandedMedia.com may use such information for its business purposes without restriction, including product support and development. xpandedMedia.com Inc. will not use such technical information in a form that personally identifies you without first obtaining your permission.

8. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
xpandedMedia.com may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.

9. U.S. GOVERNMENT USE
If the Software Product is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this EULA. Contractor/manufacturer is xpandedMedia.com, USA.

10. EXPORT RESTRICTIONS
You will not download, export, or re-export the Software Product, any part thereof, or any software, tool, process, or service that is the direct product of the Software Product, to any country, person, or entity -- even to foreign units of your own company -- if such a transfer is in violation of U.S. export restrictions.

11. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND xpandedMedia.com AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, xpandedMedia.com AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

12. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL xpandedMedia.com OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF xpandedMedia.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, xpandedMedia.com, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A xpandedMedia.com SUPPORT SERVICES AGREEMENT, xpandedMedia.com's ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

13. HIGH RISK ACTIVITIES
The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").  Accordingly, xpandedMedia.com and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that xpandedMedia.com and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

14. GOVERNING LAW; ENTIRE AGREEMENT; DISPUTE RESOLUTION
This EULA is governed by the laws of the State of California, USA, excluding the application of any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
This EULA is the entire agreement between xpandedMedia.com and you, and supersedes any other communications or advertising with respect to the Software Product. This EULA may be modified only by written agreement signed by authorized representatives of you and xpandedMedia.com.

Unless otherwise agreed in writing, all disputes relating to this EULA (except any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in the State of Missouri, USA, in accordance with the Licensing Agreement Arbitration Rules of the American Arbitration Association, with the losing party paying all costs of arbitration. Arbitration must be by a member of the American arbitration Association. If any dispute arises under this EULA, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

15. GENERAL
If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.
A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

16. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this Section shall apply. The parties confirm that this EULA and all related documentation is and will be in the English language. You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software Product, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

17. CLIENT DOMAIN LICENSES
Sample client has purchased full source licenses that cover usage on the following domains. The source code may not in any circumstance be used outside of these domains. Any usage of the source code outside these domains is termed a copyright infringement punishable by legal action based on international copyright law for intellectual property and IP violations.

18. LICENSE TRACKING
xpandedMedia.com tracks source code license instances via tracking technology. Each source code instance  has a unique identifying ID and can be located by xpandedMedia.com at any point in time. Software that is used outside of its domain license will be made aware to xpandedMedia.com and the originator domain is traceable. Any attempt to breach the copyright license of the xMv3.5 product will be noticed by xpandedMedia.com and the offending party will be clearly identifiable.

19. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact xpandedMedia.com for any reason, please direct all correspondence to:

xpandedMedia.com
support@xpandedmedia.com
Tel: +1.310.933.5817

The attached document provides xpandedmedia.com SMS rates for global outbound SMS service credits.

Note: The following policy outlines the xpandedmedia.com SLA terms for 2011

1.      Services

1.1       During the term of this agreement, XpandedMedia.com shall at its option:  (a) provide a workaround for any programming error in the Software attributable to XpandedMedia.com that materially impairs use of the Software; or (b) replace the Software containing the error.   Such correction or replacement shall be contingent on Customer first identifying and notifying XpandedMedia.com of the error in accordance with XpandedMedia.com’s then current reporting procedures.  Any replacement software shall contain substantially the same functionality as the Software that it replaces.

1.2       During the term of this agreement, Customer will be entitled to receive new releases, updates and new versions of the Software at no additional charge provided that all Customer accounts are current. The terms of this Agreement shall apply to any new releases and new versions of the Software XpandedMedia.com licenses to Customer.  Customer agrees that additional Work Flows are not new releases or new versions of the Software unless advertised as such.

1.3       All software, including updates, delivered to Customer pursuant to this Agreement, including any related documentation, shall be subject to the terms of the existing XpandedMedia.com Software Agreement.
 
1.4       Customer Support Services will consist of technical assistance provided by XpandedMedia.com Support Engineers to Customer’s designated support personnel via telephone, e-mail, and live chat.  Customer Support Services are provided during the standard principal period of support (9:00AM to 6:00PM PST), Monday through Friday, and shall exclude XpandedMedia.com holidays.

2.      Customer Responsibility

2.1       Customer shall provide XpandedMedia.com with documented support requests using the communication methods outlined in section 12 to provide support to issues and problems that arise during the use of the software application. Each issue should be documented clearly and efficiently.

2.2       In the event that Customer requests XpandedMedia.com's assistance in solving a problem that is not XpandedMedia.com’s responsibility under this Agreement, XpandedMedia.com shall consider providing technical support, but shall not be obligated to do so.  If XpandedMedia.com agrees to provide such support, Customer shall be billed for services performed at XpandedMedia.com’s then-current professional services rate, plus all associated travel expenses. 

2.3          Customer shall take reasonable steps to protect its own data from system failure, including regular creation of backup copies of data and creation of processes to insure continued business operation in case of system failure on existing or linked systems.  In addition, customer is responsible for system administration: monitoring, preventative maintenance, upgrading of equipment and other items necessary to ensure system stability on linked or related websites that are critical to the xpandedMedia.com software application..

2.4       XpandedMedia.com shall not be responsible for installation, maintenance, support, use of hardware, configuration of networks, and any other software, services or equipment not furnished by XpandedMedia.com.  XpandedMedia.com shall have no responsibility for support or performance of the Software on hardware or network configurations that are not in accordance with XpandedMedia.com’s recommended configurations.


3.      Limitations

3.1       XpandedMedia.com shall have no responsibility under this Agreement for: (a) services connected with the setup, installation, configuration, relocation, or reconfiguration of XpandedMedia.com's Software if the work is performed by a party other than XpandedMedia.com employees or parties certified by XpandedMedia.com; (b) supplies, accessories, or media; (c) support of operating system or network software; (d) errors or defects caused by neglect, misuse, or accidental damage to the Software; (e) modifications, corrections, or workarounds performed by a person not authorized by XpandedMedia.com; (f) use of XpandedMedia.com's Software with computer hardware, networks, or printers not in accordance with XpandedMedia.com’s recommended configurations; (g) support of software developed by Customer, developed by XpandedMedia.com at Customer's request, or obtained from third parties; or (h) support of third party or other products not regularly provided or supported by XpandedMedia.com.

3.2       In the event custom work, setup, installation, configuration, relocation, or reconfiguration is performed by XpandedMedia.com for Customer at Customer’s request, terms and fees will be negotiated for work performed.  A separate Exhibit, Statement of Work, will outline the details of the work and fees for such work and the support thereafter.

3.3       Each software release is supported by XpandedMedia.com for a minimum period of one year from its release date.  XpandedMedia.com shall only be obligated to maintain or support the current and immediately prior release of any Software product.  If XpandedMedia.com discontinues a product, XpandedMedia.com shall provide maintenance and support through the end of then current period for which Customer has paid for maintenance. 

4.      Term

This Agreement shall commence immediately after installation of the Software (on xpandedMedia.com servers if a hosted solution) or 30 days after shipment if full source, whichever occurs first.  Unless terminated pursuant to Section 10, it shall continue for a minimum initial term of 12 months. The SLA does not renew after this 12 month period.

5.      Price and Payment

5.1       Customer shall pay to XpandedMedia.com the annual support fee designated for each XpandedMedia.com Software product licensed.  Upon completion of key stages in the project life cycle, XpandedMedia.com shall send Customer an invoice for payments owing, and Customer shall pay such amounts within 30 days after receipt of invoice.  Interest shall accrue on past due payments at the rate of 1.5 percent per month.

5.2       If during the term of this Agreement, Customer licenses additional XpandedMedia.com Software or adds a new domain to a previously licensed product, the support fees shall be increased for the additional concurrent software licenses added in an amount proportional to the rates for support in effect at the time of addition.  XpandedMedia.com shall send Customer an invoice at the time such payment is due, and Customer shall pay the invoice pursuant to the terms set forth in Section 5.1.  XpandedMedia.com shall prorate support fees charged pursuant to this Section to be coterminous with the number of days remaining in the then-current payment term for the original Software rights of use.

6.      Services and Expenses Not Covered

If Customer requests in writing that XpandedMedia.com provide services not covered by this Agreement, XpandedMedia.com shall consider providing such services.  If XpandedMedia.com agrees to provide such services, Customer shall be billed for services performed, at xpandedMedia.com’s then-current professional services rate.

7.      Adjustments to Fees

XpandedMedia.com shall have the right to change the fees charged under this Agreement by giving Customer no less than 30 days' written notice prior to conclusion of the then-current term.

8.      Services Warranty

XPANDEDMEDIA.COM WARRANTS THAT THE MAINTENANCE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE OF PROFESSIONAL QUALITY.  THE CUSTOMER'S SOLE REMEDY FOR BREACH OF THIS WARRANTY BY XPANDEDMEDIA.COM WILL BE A REFUND OF SERVICE OR SUPPORT FEES PAID BY CUSTOMER PRECEDING THE BREACH.

9.      Limitation of Liability

IN NO EVENT SHALL XPANDEDMEDIA.COM BE LIABLE FOR ANY CLAIM THAT AROSE MORE THAN ONE YEAR PRIOR TO THE INSTITUTION OF SUIT THEREON OR FOR ANY LOSS OF DATA, LOSS OF USE, SUBSTITUTE GOODS, LOSS OF PROFIT, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT XPANDEDMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL XPANDEDMEDIA.COM'S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE MOST RECENT ANNUAL SUPPORT FEE PAID BY CUSTOMER AS OF THE DATE THE CLAIM AROSE.

10.    Termination

XpandedMedia.com may terminate this Agreement if Customer fails to pay any amounts owing under this Agreement when due and such failure continues for a period of 15 days after written notice from XpandedMedia.com.  XpandedMedia.com may terminate this Agreement upon termination of the XpandedMedia.com Agreement or if Customer violates any of the terms of the XpandedMedia.com Agreement.  In addition to XpandedMedia.com's right to terminate this Agreement as set forth above, either party may terminate this Agreement upon breach by the other party if the breaching party has failed to cure the breach within 30 days after written notice specifying the breach.  Termination of this Agreement does not relieve Customer of any obligation to pay amounts owed prior to termination.  Upon termination for any reason other than breach by XpandedMedia.com, Customer shall immediately pay all amounts owing to XpandedMedia.com and XpandedMedia.com's obligations under this Agreement shall terminate.

 11.    General

This Agreement is subject to the terms of the XpandedMedia.com Software Agreement.  All terms in the XpandedMedia.com Software Agreement that do not conflict with the terms of this Agreement are hereby incorporated into this Agreement.


12. Customer Support Center

Customers can access online support assistance at http://xpandedmedia.zendesk.com

Support contact number: +1.310.933.5817

Primary support contact: Sean Miles – support@xpandedmedia.com

Happy new year to you all.

As we enter 2011, xpandedMedia.com has revised its support process and terms of engagement with customers on our post project completion phase.

2010 saw our developers notching up hours, weeks and in some cases months of billable time for free on client sites post launch phase. After much deliberation and analysis from both our clients and our business standpoint, we have taken the decision to legaly revise our terms of support and use policy to communicate the new process.

1. What is the xM v3.5 job board software platform?

- Our software solutions consist of a classifieds based web application that is sold in 1 of 2 models. Either the hosted, or full source code single domain licenses. This software application is in most cases customized on the front end to reflect a clients specific brand and user experience.

2. What is the hosted solution?

- The hosted solution is a 'leased' application that resides on xpandedmedia.com's servers under the domain jurisdiction of the client, but ownerships is retained by xpandedmedia.com for the application source code. Hosted solutions have a monthly hosting fee and applied and this hosting fee includes up to 8 hours a month, or 1 business day per month of changes and modifications to system bugs and flaws. (see support process points for clarification).

3. What is the full source code solution?

- The full source code solution is a purchased (single domain unless stated otherwise) full source code instances of our copyright software application that resides on either the clients server or a server provided by xpandedmedia.com (with a hosting fee applied) where the customer has access to the source code to conduct additional development or retain the source code application for business purposes.

4. What is the standard support process for my product and how has it changed since 2010?

- Each client goes through an implementation process which consists of 3 phases conducted by xpandedmedia.com - These phases consists of (1. The requirements and creative process, 2. The development process and 3. The testing process and launch). This process for a standard implementation takes 21 days to complete. The timeline may be extended where a client has paid for additional custom development work. Time-lines for project completion are determined by xpandedmedia.com and not controlled by the client. This has always been the case and upon completion of phase 3 where a project implementation is concluded clients are moved to the support phase.

In 2010 our support phase has very relaxed rules of engagement for changes, custom work and service maintenance. These have been revised in 2011 as company policy to the following.

A. Each client is allocated 8 hours a month of technical support work for system flaws and fixes to existing functionality.

B. All support requests must be made in our customer support ticketing system and any request flagged as billable by xpandedmedia.com remains billable. If a client wishes to have the work carried out billable items must be paid in advance based on our contractual hourly rate as specified in contract.

C. xpandedmedia.com makes no exceptions to billable items however all billable items must be confirmed by the client before any work can take place. If the customer disagrees in principle to a billable item being billable no work will be carried out on the grounds of objection from the client.

D. Classification of billable items now has a strict policy of categorization, which is determined by xpandedmedia.com - Clients, when in doubt as to the nature of their request should at all times adhere to the classification of billable items checklist when a request is either being raised, or is in dispute.

5. Classification off non billable support requests

- Non billable support requests consist of fixes and patches to existing functionality that is faulty, flawed or corrupted in terms of the code, functionality or user experience. These types of issues are stated below and non billable support requsts must fall into this category.

A. The function does not work, preventing the end user from carrying out a task of function. 

B. The function causes an error message, 404 error or prevents a page from being displayed.

C. The error is programmatic in nature and its existence cannot be disputed.

- xpandedMedia.com remains committed to fixing system flaws within allocated support time-lines. Where non billable support requests exceed the maximum amount of time allocated to a client (8 hours) the support maintenance work will be carried over to the next month for completion or carried out in advance with the deduction of a clients remaining support hours from the consequent month.

6. Classification of billable requests.

Billable support and maintenance requests can only occur post project completion (21 days after contract signing). These types of requests are determined by xpandedmedia.com at our digression and are categorized as such based on the following scenarios.

A. The request is to extend an existing area of functionality that is not faulty, but the client requires changes to the existing application or feature to provide 'added' or enhanced functionality.

B. The request is graphical in nature and is not related to the software application. Examples of this would be graphics changes, logo changes, color scheme changes and artwork changes.

C. The request is related to SEO enhancement or work that is of search engine optimization in nature. xpandedmedia.com is not liable or required to provide services of this nature in a free form that is not paid.

D. Requests that seek to enhance our score software application into further areas of functionality that are not pre-agreed in contract can and will be at all times considered custom requests. Scenarios where the clients requests such changes can and will at all times be flagged as billable work.

E. Interaction and consultation beyond the implementation and launch phase that requires the time of xpandedmedia.com to consult, engage in consultation or provide industry know-how and expertise in a consultative form will be considered as billable requests. Communication with our support department is not considered a consultative request, however interaction with senior management in form that exceeds or is outside the boundaries of support requests will be determined as behavior of a billable nature.

7. Do i have the ability to object to a specific item or request that has been flagged as billable?

- You certainly do. Requests termed as billable by xpandedMedia.com which encounter protest or opposition from a client perspective will be studied on a case by case basis to see if some form of understanding can be agreed upon. You will always receive a conclusion to this dispute in written form, usually in the support ticket system where the issue was raised.

In most cases a request that is deemed as billable based on the guidelines stated above will be met with a link to our terms policy to kindly remind clients of our rules of engagement with reference to the clear and concise categorization and nature of requests. Where a request is clearly ion breach of the custom request protocol xpandedMedia.com reserves the right to deny the task be carried out  without up-front payment from a client.

In cases where the client is of substantial size or the scope of the business relationship is determined to be sufficient to allocate 'roll over' resources to a project, certain requests may be entertained. These requests will normally be on a point by point basis. This however does not set a precedent or change the rules of engagement in our support process and can only be used when initiated by xpandedMedia.com on specific requests that are chosen by xpandedMedia.com

8. What if im not happy with these new terms and polices and believe they may effect my business?

- xpandedMedia.com provides solutions in 2 forms. Hosted and full source code. If the situation arises where a client on a hosted contract arrives to a situation where on-going maintenance and work requests cannot be met by xpandedmedia.com due to the monthly budget being exhausted on a client account and the client feels this is in anyway hindering or effecting their business. the client has the option of upgrading to a full source code license and engaging outside developers to provide their custom work requests within the license parameters of the source code usage. Situations where a client has moved beyond the realm of the standard 8 hours of month of requests will result in the notification of this policy option for the client to resolve business performance issues relating to their account. For clients to upgrade to full source the license fee amount must be paid in full prior to the release of code for the client to engage outside services.

9. Will xpandedmedia.com bill me for custom work without my approval?

Absolutely not. Where an item is flagged as billable by xpandedmedia.com the client must agree to pay the custom development fee and the fee must be paid in full before work can be carried out. In no circumstance will xpandedmedia.com conduct work that has not been paif for in advance and post invoice a client based on this assumption of agreement.

10. What happens if i refuse to pay for custom requests that are deemed billable? -

- In the event that neither the client nor xpandedMedia.com can come to an agreement on a billable request. If an objection has been raised and rejected by xpandedmedia.com the issue will sit in the support system for a period 31 days where the client has the option to re-open the issue to comply with xpandedMedia.com's billing requirements and agree to the billable item. If this does not happen in a 31 day period xpandedMedia.com will close the issue based upon the principal that the client deems it a closed issue.

Summary

While we strive at xpandedMedia.com to provide top level support and customer service to our clients. We think it necessary to state clearly the terms of engagement for our customer support policy to educate our clients on the nature of the relationship and the capabilities of services. We have carefully constructed our business processes to allow our clients the options of taking full ownership of their product at any point in time should they feel the existing service level is not sufficient. xpandedMedia.com aims to provide on-going and top quality support to our application moving into 2011 and we believe communication is the key to avoiding conflicts of interest with our clients. We provide an array of software products which we support, but we are not an outsourced IT team that provides maintenance, service or website management for our software application.

Should you find yourself objecting to these terms of engagement please feel free to write a written objection, no later than the 21st of February 2011 to;

support@xpandedmedia.com

Regards, xpandedMedia.com