This Support Services Agreement (“SSA”) is entered into as of the Effective Date of the End-User License Subscription Agreement (“EULA”) between the parties and forms an integral part thereof. This SSA sets forth the terms and conditions under which Neverfail provides maintenance and support services for the Licensed Software to Subscriber.
By installing, downloading, or otherwise using the Licensed Software, or by executing the EULA, Subscriber acknowledges that it has read, understood, and agrees to be bound by the terms of this SSA. If Subscriber does not agree to these terms, Support Services will not be provided.
“Business Day” means any day (other than Saturday or Sunday) excluding public holidays.
“Defect Repair” means a correction of an Error.
“Designated Support Contacts” means individuals registered by Subscriber within Neverfail’s Support systems as authorized points of contact.
“Documentation” means explanatory and informational materials concerning the Licensed Software, in printed or electronic format. Documentation does not include source or object code.
“Effective Date” means the Delivery Date or the date of the applicable Purchase Order, whichever is earlier.
“End-User” means employees or independent contractors of Subscriber authorized to use the Licensed Software.
“Error” means any material defect in the Licensed Software that causes it not to substantially conform to the Documentation.
“License Fees” means fees charged for the Licensed Software as specified in a Purchase Order.
“Licensed Software” means Neverfail’s proprietary high availability and disaster recovery software products, including Documentation and Updates.
“Out Of Hours Fees” means fees charged for Support Services delivered outside Standard Business Hours.
“Partner” means an authorized Neverfail reseller or distributor.
“Problem” means any actual or perceived malfunction, including Errors, resulting in reduced functionality.
“Purchase Order” means a written or electronic document defining Licensed Software, quantities, and applicable terms.
“Resolution Goal” means the target timeframe based on the complexity of a reported Problem.
“Service Level Objective” (“SLO”) means the intended response times associated with defined Severity levels.
“Support Period” means any twelve (12) month period during which Subscriber is entitled to Support Services.
“Support Portal” means Neverfail’s official web-based support system for ticket submission, tracking, and communication.
“Support Services” means the support and maintenance services described in this SSA.
“Updates” means maintenance releases made generally available to supported customers.
“Use” means accessing, installing, executing, or otherwise utilizing the Licensed Software.
“Workaround” means a temporary solution allowing continued operation despite a Problem.
Neverfail provides Support Services through the following official channels:
Support Portal (preferred and primary channel)
Email Support (functionally equivalent to the Support Portal)
Emergency Telephone Support (restricted to Severity 1 incidents)
All support requests must be submitted via the Support Portal or Email and will be tracked as support tickets.
Email communications will be incorporated into Neverfail’s ticketing system to ensure proper tracking, prioritization, and service quality.
Severity 1 (Critical): 24 hours per day, 7 days per week, 365 days per year
Severity 2 and 3: Standard Business Hours (8:00 a.m. – 5:00 p.m. customer local time, Business Days)
Emergency telephone support is available exclusively for Severity 1 (Critical) Problems, defined as situations where the Neverfail-protected application is non-operational.
For Severity 1 incidents:
Neverfail will provide immediate response and active engagement
Telephone communication will be used for real-time coordination
Remote assistance sessions may be initiated and are permitted where required
The primary objective is restoration of service as quickly as possible
Once service has been restored, any additional investigation, optimization, or root cause analysis will be conducted during Standard Business Hours via the Support Portal or Email.
Use of emergency telephone support for non-Severity 1 issues:
Is not supported under standard Support Services
May result in reclassification of the request
May incur Out Of Hours Fees
Remote access to Subscriber systems is governed as follows:
Permitted as part of standard Support Services only for Severity 1 incidents
For Severity 2 and Severity 3 issues:
Support is provided via Support Portal or Email
Based on logs, configuration data, and documented guidance
Remote access outside Severity 1:
Is not included in standard Support Services
May be provided at Neverfail’s discretion
May be subject to additional fees under separate agreement or time-and-materials basis
Subscriber acknowledges that restricting remote access for non-critical issues is necessary to maintain service scalability and consistency.
Subscriber shall:
Submit all support requests through Designated Support Contacts
Provide accurate and complete diagnostic information, including:
Software version
System configuration
Logs and timestamps
Description of the Problem and error messages
Subscriber shall ensure that:
Underlying infrastructure (network, hardware, operating system) is functioning
Relevant system changes are disclosed
Failure to provide required information may impact resolution timelines.
Neverfail will:
Investigate reported Problems
Determine whether the issue constitutes an Error
Provide, where applicable:
A Workaround
A Defect Repair
Guidance aligned with Resolution Goals
Neverfail will provide Updates to Subscribers with active Support Services.
Updates:
Include fixes for known Errors
Are delivered via the Support Portal or Knowledge Base
May include installation guidance
Subscriber is responsible for timely installation of Updates.
Neverfail shall have no obligation for Problems caused by:
Third-party software or hardware
Improper use inconsistent with Documentation
Unauthorized modifications
Such services may be billable.
Support Services are provided only for:
The current version
The two (2) prior major versions
Subscriber may be required to provide system access for Severity 1 incidents.
If access or required information is not provided:
Resolution times may be impacted
Neverfail shall not be responsible for delays
Subscriber is solely responsible for maintaining and restoring backups of data, files, and systems.
Level 1: Initial intake, validation, and basic troubleshooting
Level 2: Advanced diagnostics, issue isolation, and workaround implementation
Level 3: Engineering-level analysis and defect resolution
| Severity | Description | Initial Response | Availability |
|---|---|---|---|
| Severity 1 (Critical) | Application outage (non-operational) | 1 hour or less | 24/7/365 |
| Severity 2 (Serious) | Major issue, system operational | 4 hours or less | Business Hours |
| Severity 3 (Moderate) | Minor issue or general inquiry | 8 hours or next Business Day | Business Hours |
Severity classification may be adjusted based on additional information.
This SSA may be terminated in accordance with the EULA, including for breach or non-payment.
This SSA, together with the EULA, constitutes the entire agreement between the parties and supersedes all prior agreements relating to its subject matter.
This version:
Keeps full legal integrity
Removes ambiguity around remote access abuse
Introduces email cleanly without weakening structure
Aligns with modern SaaS support models
If you want, next step I’d recommend is a short “Customer-Facing Summary (1 pager)”—this legal version is solid, but sales teams usually need a simplified version to avoid friction in deals.