Tectonic Concepts, LLC (“Tectonics”) is a Louisville, KY based interactive company specializing in Internet strategic marketing, interactive Content Management, CRM, web-based application development and project management. Tectonic Concepts, Inc. has developed numerous unique solutions through dynamic applications for web-based content management, CRM, E-commerce, broadcast email, as well as backend fulfillment integration.
The following outlines Tectonics’ overall Terms and Conditions associated with application development, software licensing and consulting.
Restrictions or Changes based upon Requirements and Assumptions
During the course of projects, Tectonics may encounter conditions defined within the agreements Requirements or Assumptions that are not met and will alter the overall cost and timeline of the project. In those events, Tectonics will contact the client in writing with a description of the condition, reasons for any deviation and the appropriate time and costs to resolve it. No additional work will be engaged unless approved by the client.
Other changes to the project as requested by the client will need to be provided in writing to Tectonics. In the event those change requests affect the overall budget of the project, Tectonics will provide a revised estimate of charges to the client and will not proceed with the requested changes until the estimate is approved.
Whenever possible Tectonics will provide an advanced estimate of costs for requested licenses and services. These estimates are based upon requested services, software licenses, project resources, requirements and various other assumptions. The final charges may exceed the original estimate by no more than ten percent of the original estimate cost without prior approval by the client. A detail of all excess charges will be provided with the final invoice presentation.
Open Source Format
Customization of Third Party Application
Where possible, Tectonics, Inc. will obtain the original source code for applications used within the client's Internet site(s). As updates and revisions are made available, Tectonics will provide where applicable. The time necessary to install the updates will correspond to the degree of customization as requested by the client to the original application. Tectonics will advise the client as to the time required for installation, if available, and future updates, as they are available.
Tectonics currently uses Microsoft SQL Server 2000/7.0 as well as native XML data storage. When installed with the appropriate direct drivers, ODBC drivers or programming languages, third party reporting systems and management tools may be produced. Appropriate licenses for Microsoft SQL Server 2000 and/or 7.0 are required.
Tectonics offers a variety of on-site customer premise training as well as training at Tectonics’ physical offices. Training services include application architecture, design and integration as well as application usage and support.
CMS2005, Content Management System
Tectonics provides CMS2005 training with each purchased license. For each licensee two hours of content authoring training is included either at Tectonics’ corporate office or online via a LIVEMEETING presentation. All training sessions are scheduled in advance between 10am EST and 6pm EST. All sessions are performed during the second calendar week of each month. Additional training sessions are available at $160 per two hour session. Online documentation is available within the CMS2005 for each user account.
CRM2005, Customer Relationship Management System
Tectonics provides CRM2005 training with each purchased license. For each licensee twenty hours of training is included either at Tectonics’ corporate office, online via a LIVEMEETING presentation or onsite pending travel arrangements. All training sessions are scheduled in advance between 10am EST and 6pm EST. All sessions are performed during the third calendar week of each month. Additional training sessions are available at $1,500 per session. Online documentation is available within the CRM2005 for each user account.
Contact your Account Supervisor for more information and availability.
To better support our customers, Tectonics has implemented the following support policies. If you have any questions or comments on the following, please email firstname.lastname@example.org. You must be running at least the latest released version of our software for any type of support to be provided.
Tectonics provides email and phone support from 8am EST to 6pm EST, Mondays through Fridays excluding U.S. holidays. Emails beyond those hours may be returned pending staff availability.
Tectonics provides free installation assistance of our core applications. This does not include actual software installation but instead we will provide answers to questions that you may have. Tectonics will do a paid installation for you if you require, which includes the 3rd party components. Call our sales department to order a paid installation. Other items covered for free include:
- does a Tectonics product have a particular feature
- pre-sales technical questions
- identification of a software bug in Tectonics commercial software
Note: Tectonics does not charge for bug reports. If a paid support incident was due to a bug in the Tectonics software (not 3rd party) then there will be no charge for the incident. Tectonics is not responsible for making backups of data or files when working on solving a problem.
Items that are covered with paid support include:
- information on where a particular action happens in the code
- how do I set up the product to do a particular task
- fixing incorrect settings in a software application setup
- priority bug fixes before next release or something that is not mentioned here please contact email@example.com for a quote.
Tectonics provides technical support for its own products; it does not provide technical support for 3rd party components that may be required to run the Tectonics software. Support for those products should be obtained from the vendor. This includes ODBC drivers, databases, web servers, operating systems, .NET Framework and hardware.
Tectonics cannot provide support on an installation that has customizations; this is the responsibility of the developer.
Tectonics can provide custom application development, programming, for a quote contact firstname.lastname@example.org.
Tectonics does not provide end user support except when that support has been purchased. We will refer end user clients back to their hosting provider if they are not our direct customer. If an end user does not have a paid support contract through their hosting provider they may purchase one directly from Tectonics. If the hosting provider is unwilling or unable to assist the end user or work with Tectonics to resolve the issue, then Tectonics may recommend another hosting provider.
Tectonics does not provide any sort of support for setup of our software on a non-supported platform. A supported platform for a particular product is one that is listed on that product's web site.
Tectonics does not provide maintenance support on databases, web servers or operating systems.
Tectonics does not provide free support on Tectonics software that is non-functional due to 3rd party components that have changed. This includes but is not limited to the ODBC Driver Manager, ODBC driver, database server, web server, operating system, payment processor, shipping provider, etc.
If you are referred to a 3rd party, the case remains open with Tectonics until the 3rd party has resolved the problem. Tectonics will contact the customer periodically (by email) to see if the problem has been resolved in order to officially close the support case.
Support may be provided on an hourly basis, per call/question basis or under an hours per month agreement.
Support is available at $125.00 per hour with a ¼-hour minimum charge.
Per Call/Question Support
Support on a per call/question basis is available via email and is provided based upon each unique question being reviewed. Subquestions of the original question are charged as individual questions.
Per Call/Question Pricing (in US Dollars)
|Per Incident Support Call
|5 Call Block
|10 Call Block
|20 Call Block
|Full Installation Incident
Monthly Service Agreements based upon hour blocks
Support can be purchased in hourly blocks each month allowing an unlimited number of questions to be reviewed during the allotted time. All phone support, email support, programming and reseach time is logged against the support contract. A detailed transcript of all support per month will be provided.
All support provided under the Monthly Service Agreement must adhere to the terms and conditions outlined herein. Examples of services used within a monthly service agreement include:
All contracts are based upon six month commitments; invoiced quarterly in advance.
Pre-arranged web planning meetings with key staff
Image and graphic sourcing
Regular makeover and review of web site
Requested regular management, updates and changes to source code
Access to web based support and resources
Access to telephone support and call-back service
Access to email support
Real Time Staging web site for development testing and review
Architectural consultancy related to web development
Support with software marketing
Support with software related policies
Support with software security issues
Support with software techinical or usage issues
10% discount applied to pre-payment in full of any term-contract.
(all services carry a ¼-hour minimum charge).
Monthly Service Contract Pricing
Reduced Hourly Rate thereafter :
standard rate $125/hr
$95 / hr
$105 / hr
$115 / hr
$120 / hr.
To purchase technical support, please contact our customer service department at (502) 897-2444 or email email@example.com.
Standard Response for a paid support incident/contract client is 4 business hours. Standard Response time for non-support contract clients is two business days. If you require faster response, then you need to purchase a support contract or incident. These times are for initial response not the time it may take to resolve the problem.
Should Tectonics require access to the machine to troubleshoot the problem, access must be through Terminal or Remote Desktop Connection, VNC or PC Anywhere. FTP access may also be necessary. Tectonics is not responsible for loss of data or revenue in any way whether the problem was caused by Tectonics or our software or not.
When a request for support is initiated via email or phone, the type of support request is determined and the incident is billed or not. The incident is then entered into our Support Tracking System. An incident number will be provided and the case will remain open until resolved. The support technician will determine the appropriate course of action to resolve the issue. This may include a suggested update to the software, reinstallation, and referral to a FAQ or documentation.
A support incident at first involves determination of the actual problem. The act of determining this is part of the paid support incident. This may end in referring the customer to a 3rd party (hosting provider, database vendor, web server vendor, operating system vendor, customization developer or plugin component vendor or other third party). The support technician will refer the client to the appropriate party or suggest an alternative for further resolution.
Support will be provided until it is determined that
- the installation environment is not supported
- the software being installed is modified or corrupt
- the issue is a bug, (the incident then becomes a bug report issue)
- the user is attempting to do something which the software was not designed to do
- the problem has been resolved to allow normal use of the product
Email is preferred, to respond to a support incident after the initial call since most of the time, detailed instructions need to be conveyed and it is usually better for the client to receive them in a written form so they can be referred to while following them.
Site Ownership, Termination and Delinquency
Upon full payment, the client and its clientele will have ownership of all graphics, editorial, data, application code and HTML files associated with the services provided by Tectonics for their web site. Pertaining to graphics used on the site, it will be the responsibility of the client to obtain permission to utilize images that may be copyright protected by a third party.
The client may terminate this agreement with a sixty-day prior written notice. Pending full payment of above agreed fees, all material pertaining to the client's web site will be surrendered as described above.
In the event payment as described herein is not provided to Tectonics, Tectonics reserves the right to remove all material pertaining to the described web site from its servers and retain ownership of the site until full payment has been received. Any and all fees associated to the collection of delinquent accounts, including but not limited to legal fees will be charged to the client.
Annual Software Maintenance
The annual software maintenance for each of Tectonic Concepts, LLC's applications will allow the Licensee to be constantly updated with the latest versions of the software as it is made available. Tectonics will notify all licensees of updated versions, features and download and installation instructions. The annual software maintenance is based upon twenty percent of the published software license fee.
Source Code Escrow
To allow for complete customization, Application source code licenses as well as source code escrow are available. These allow you to deploy a customized version of our applications within your organization. All license restrictions regarding redistribution are enforced.
Often Tectonics may be provided access to proprietary corporate information, strategies and tactics. Additionally, Tectonics may provide similar information pertaining to its internal policies, practices and long term strategies. When requested, Tectonics will provide a mutual nondisclosure agreement to be reviewed and agreed upon by all parties prior to engaging any consultative arrangement. A sample of this agreement may be attached to this document.
The client agrees that it shall defend, indemnify, save and hold Tectonics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tectonics, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Tectonics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tectonics' server; (2) any material supplied by the client or its clientele infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Tectonics' servers.
Software Licenses – Due in full prior to delivery of License Key.
Application Development, Consulting, Training and Hosting
Unless otherwise noted above all contracts are NET 10 days. 50% payable upon contract acceptance. Balance payable upon 95% project completion. Monthly services billed monthly in advance. Accounts thirty-days past due will be charged a 1.5% monthly finance charge. Support services are suspended for accounts more than sixty days past due. No support contract can be started for accounts with a balance more than sixty days past due.
Travel – Airfare charged upon reservation. Vehicle, lodging and meals expenses payable NET 10 days with against provided receipts unless established allowance provided in advance.