Do NOT use - Support Plans & Service Level Agreement (until 4th July 2011)

1. Purpose

The purpose of this Support Service Level Agreement (SLA) is to formalize an arrangement between Mirchev Ideas and Client to deliver specific support services, at specific levels of support, and at an agreed-upon cost.

2. Definitions

• Software
  “Summer Cart” e-commerce software. It does not include any modules not part of the standard installation package.
• Client or You
  Person or company owning a valid license to use Software.
• Support Request
  For the purposes of this agreement, a Support Request is generally defined as a request for support to fix a defect in existing application code or a request for support that involves no modifications to application code, such as a question.
• Support ticket severity
  One of Critical, High, Medium and Normal. Each support ticket is classified into one of the severity levels.
• Help Desk system
  The help desk system located at www.summercart.com, Support section.

3. Scope of services

1. The following services are provided in response to the support tickets received from you:
   • Corrective maintenance - Defined as activities associated with root-cause analysis and bug-fix isolation and resolution:
     1. Root-cause analysis - Analysis of the root causes of problems. Problems will be reviewed to determine their root causes, measures will be taken to correct the sources of the problems, and reports will be prepared and distributed in a timely fashion.
     2. Bug fixes - Defined as the emergency repair of any system operation that does not operate correctly as determined by Mirchev Ideas. This includes system errors, "hung" or halted screens, or unexpected results within the system that render it unusable for the purpose for which it was designed.
   • Counseling – Defined as answers to general usage questions
   • Ticket status updates – Mirchev Ideas will provide timely status updates of the ticket status inside the help desk system.
2. Any other other services are NOT included. Specifically the following services are NOT included:
   • Evaluation and Procurement of new software or hardware
   • On-call support management – Mirchev Ideas’s support managers are not required to be on call
   • Training
   • Installation or Deployment of Software
   • Applying patches or bug fixes to an installed software
   • Upgrades/Downgrades to software and associated hardware
   • Assistance with application usage when unsupported or nonstandard hardware or software is involved. Use of unsupported or nonstandard hardware or software often results in unexpected behavior of otherwise reliable systems.
   • Adaptive maintenance - Defined as activities relating to upgrades or conversions to an application due to new versions of operating environment, including operating system, application server, or database software.
   • Perfective maintenance - Defined as activities relating to enhancements to provide additional functionality to an application.
   • New development - Any change in a database or system that involves functionality not currently implemented within the Software, even if the new functionality would seem to be an improvement over the old one.
3. This Service Level Agreement applies only if Client has purchased Subscription Support services for Summer Cart from Mirchev Ideas.
4. Mirchev Ideas might, at it's discretion, decline to provide service for Software that has been modified or changed by Client, except as expressly directed by Mirchev Ideas in writing.
5. Mirchev Ideas might decline to provide service if the system requirements for the Software, as outlined at www.summercart.com, are not met.
6. Support phones, “Standard Business Hours” and the languages the support is available in are listed at www.summercart.com, Support section. Web support channel is the help desk system located at www.summercart.com, Support section.
7. Mirchev Ideas might change the severity of a support request at it's discretion. Multiple simultaneous support request from Client will be resolved in severity succession.
8. Mirchev Ideas will use commercially reasonable effort to provide Support in accordance with the following guidelines:

4. Roles and responsibilities

Client has the following general responsibilities under this agreement:

1. Client will conduct business in a courteous and professional manner with Mirchev Ideas.
2. Client will use the appropriate help desk system to request support.
3. Client will provide all information required to open a support request.
4. Client will provide access to the installed Software, upon request.
5. Client will assign severity codes adhering to the correct usage of these codes as defined in this document.
6. Once a support request has been submitted, Client will make themselves available to work with the Mirchev Ideas support resource assigned to the support request.
7. Client end users do not contact Mirchev Ideas support resources directly to report a problem. All problem calls must be logged through the appropriate help desk.
8. To install the Software on server with up-to-date and properly secured operating system.
9. Client promptly pays the subscription support fees and any additional fees incurred.

5. General terms and conditions

1. Term of Agreement
   • For free support included with the purchase of “Summer Cart” license:
     This agreement shall become effective on the date the order for “Summer Cart” is submitted by Client. This agreement ends on the date the free support period expires, unless Client has purchased “Support Subscription”.
   • For payed support:
     This agreement shall become effective on the date the order for “Summer Cart Support Subscription” is submitted by Client, or if the current subscription hasn't expired, as soon as the previous subscription expires. This agreement shall renew automatically for subsequent periods, unless either party provides the other party with a notice of termination at least 7 (seven) days prior to end of the payed period.
2. This agreement may be amended from time to time by Mirchev Ideas. This new agreement will be posted at www.summercart.com and will come into effect one month after it has been posted, unless Client provides Mirchev Ideas with a written notice of disagreement with the new terms.
3. This Agreement is personal to you. You may not assign nor transfer your rights under this Agreement without Mirchev Ideas prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement.
4. Fees - there are three support subscription levels – Basic, Standard and Premium. The subscriptions can be purchased on an annual basis only. The fees for each of the subscription levels are:
   • One year Basic level support subscription – 50 Euro
   • One year Standard level support subscription – 100 Euro
   • One year Premium level support subscription – 200 Euro
     The prices are without VAT.

1. A complimentary, free, Basic level support subscription for 3 months is included with the purchase of Summer Cart license.

6. Termination

1. Client can terminate this agreement at any time. Client will be entitled to a partial refund of 50% of the payed amount if the supported agreement is terminated within the first 30 days of the agreement. If the 30 days from the start of the agreement have elapsed the Client is not eligible for any refund.
2. Mirchev Ideas can terminate this agreement with 1 week notice. In this case Client will be eligible for refund for the prorata equivalent of the reminder of the support period.

7. Confidentiality

1. “Confidential Information means any of your data residing on your servers and any security sensitive information provided by you.
2. Confidential Information shall be held in confidence by Mirchev Ideas and shall be used only for the purposes of providing the services to You or as otherwise provided for in this Agreement. Mirchev Ideas shall use the same degree of care to safeguard Confidential Information as it utilizes to safeguard its own confidential information.
3. Mirchev Ideas may comply with any subpoena or similar order of a court or other governmental body or political subdivision thereof related to data by Mirchev Ideas pursuant to this Agreement, or with any other legal requirement requiring disclosure of such data, provided that Mirchev Ideas notifies You promptly upon receipt thereof, unless such notice is prohibited by law. You shall pay Mirchev Ideas’s reasonable expenses and charges for such compliance.

8. LIMITED WARRANTY

1. MIRCHEV IDEAS WARRANTS SOLELY TO YOU THAT, THE SERVICE PROVIDED BY MIRCHEV IDEAS SUBSTANTIALLY CONFORMS TO THIS SERVICE LEVEL AGREEMENT, PROVIDED THAT CLIENT COMPLY WITH THE CONDITIONS AND REQUIREMENTS SET FORTH IN THIS SERVICE LEVEL AGREEMENT. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT (A) THE SUPPORT SERVICE REQUIRES ACCESS TO AND USE OF THE INTERNET AND THAT THE INTERNET IS AN UNREGULATED, PUBLIC NETWORK OVER WHICH MIRCHEV IDEAS EXERTS NO CONTROL AND (B) MIRCHEV IDEAS HAS NO RESPONSIBILITY FOR OPERATING AND MAINTAINING YOUR SERVERS AND THEIR CONNECTION TO THE INTERNET TO ACCESS AND USE THE SUPPORT SERVICE.
2. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN THIS SECTION, MIRCHEV IDEAS, IT'S LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE SUPPORT SERVICE AND OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. MIRCHEV IDEAS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SUPPORT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, MIRCHEV IDEAS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND SHALL HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH THE INTERNET OR YOUR SERVERS. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR BY OTHER MEANS.
3. If You believe that the Support Service does not conform to the warranty described in this section, contact Mirchev Ideas Customer Service. Mirchev Ideas’s exclusive liability and Your sole remedy for breach of the limited warranty in this Section shall be, at Mirchev Ideas’s option, either reperformance, at no charge to You from Mirchev Ideas, of the specific part of the service which failed, or, refund of any fees paid by You for the period in which the specific service component failed to conform to this limited warranty.

9. LIMITATION OF LIABILITY

1. MIRCHEV IDEAS’S, IT'S LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SUPPORT SERVICE OR ANY FAILURE OR DELAY IN DELIVERING THE SUPPORT SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY), SHALL NOT EXCEED THE TOTAL FEES ACTUALLY RECEIVED BY MIRCHEV IDEAS, EITHER FROM YOU OR FROM THE LICENSOR OR DISTRIBUTOR, WITH RESPECT TO THE MIRCHEV IDEAS SERVICE PROVIDED TO YOU DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED OR THE PRORATA EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN.
2. MIRCHEV IDEAS, ITS IT'S LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, NOR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES, OR FOR LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SUPPORT SERVICE OR ANY DATA SUPPLIED THEREWITH OR ANY FAILURE OR DELAY IN DELIVERING THE SUPPORT SERVICE, OR OTHERWISE UNDER THIS AGREEMENT, HOWEVER CAUSED, EVEN IF MIRCHEV IDEAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Governing Law and Jurisdiction

Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the Republic of Bulgaria, without regard to principles of conflict of laws. Any litigation between the parties shall be conducted exclusively in Bulgarian state courts. The parties agree and submit to such exclusive jurisdiction and venue.

11. Entire Agreement

This Agreement constitute the entire agreement between you and Mirchev Ideas relating to the subject matter of this Agreement, and supersedes any other agreement, oral or written, between you and Mirchev Ideas with respect to the foregoing.

None of the terms, conditions or provisions of this Agreement shall be held to have been changed, waived, varied, modified or altered by any act or knowledge of either party, their respective agents, servants or employees unless done so in writing signed by both parties.