N‑able Software Support and Maintenance Terms and Conditions
1. DEFINITIONS.
1.1 Affiliates means an entity controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity. Subject to this Agreement, Affiliates may use the Software Support provided hereunder.
1.2 Contact means the person(s) designated by You to act as the Company’s point of contact and who is otherwise responsible for the day-to-day administration of the Software and the activities and responsibilities agreed hereto.
1.3 Computer means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.
1.4 Documentation means the official user documentation provided by N‑able to You on the use of the Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by N‑able ; any online community site; unofficial documentation, videos, white papers, or related media; or feedback does not constitute Documentation.
1.5 EULA means the N‑able End User License Agreement.
1.6 N‑hanced Support Addendum means additional terms and conditions set forth in Section 5 that relate to N‑hanced Support Services.
1.7 N‑hanced Support Services or N‑hanced Support means the N‑hanced Support Services (also referred to as “Premium Support”) purchased by you as set forth in the Order Form.
1.8 Order Form means the N‑able order page, product information dashboard, sales order, or other N‑able ordering document that specifies Your purchase of N‑able products and services, pricing, and other related information.
1.9 Release means all generally available releases of the Software that (i) contain new features, functionality, or extensions, or fixes for bugs, and (ii) are designated by means of a change in the digit to either the left of the first decimal point (e.g., Software 8.0>> Software 9.0), to the right of the decimal point (e.g., Software 8.0>>Software 8.1), or to the right of the second decimal point (e.g. Software 8.0>>Software 8.0.1).
1.10 Software means the object code versions of the product, together with the updates, Releases, modifications, or enhancements, owned and provided by N‑able to You pursuant to the EULA and/or the SSA, as applicable.
1.11 Software Services Agreement or SSA means the N‑able Software Services Agreement.
1.12 Software Support means the standard maintenance and/or support (also referred to as “Preferred Support”) to be provided by N‑able or its designated agents as set forth in this Agreement. If you have purchased N‑hanced Support, Software Support also includes the maintenance and support services set forth in the N‑hanced Support Addendum.
1.13 Supported Platform means a Computer or platform that functions with the Software and components contemplated for use with the Software. Changes to any of the foregoing that break compatibility or inhibit the functionality of the Software, unless authorized by the Documentation, do not constitute a Supported Platform.
1.14 Term means the period that You are eligible to receive Software Support, which starts: (i) the day the Software is delivered to You, or (ii) if You are purchasing out-of-maintenance Software Support, the date that You renew Your Software Support, or (iii) if you are purchasing N‑hanced Support, the commencement date of the N‑hanced Support services set forth on the Order Form, and which period continues to the date that the Software Support expires.
2. SOFTWARE SUPPORT.
2.1 N‑able Support. Subject to the terms and conditions of this Agreement, N‑able shall, during the Term, provide You with Software Support, provided that You have obtained such Software from N‑able.
2.2 Provision of Software Support. During the Term, You may receive:
2.2.1 Online Software Support. Your Contact(s) may submit support and related requests via an online portal that is available on N‑able’s support website 24 hours a day, 7 days a week, 365 days a year. Each request is given a unique identification number for Your convenience and reference. All online support submissions are managed using the English language.
2.2.2 Telephone Software Support. Telephone support is generally available 24 hours a day, 7 days a week, 365 days a year.
2.2.3 Live Chat Support. Live chat is available via an online portal on N‑able’s support website, 24 hours a day,7 days a week, 365 days a year.
2.2.4 Service Level Objectives. Target response times (also referred to as Service Level Objectives or “SLOs”) for standard support are provided here. If you have purchased N‑hanced Support, target response times are set forth in the N‑hanced Support Addendum. SLOs represent TARGET response times, not resolution time, and are NOT GUARANTEED. Failure to achieve these target SLOs are not a breach of this Agreement or any agreement between you and N‑able. SLOs DO NOT APPLY for issues that have been confirmed as defects or issues that will be resolved with a feature enhancement in the product. Reasonable efforts will be made to provide partner with appropriate and timely updates as agreed upon with the partner on cases that are submitted to engineering for verification and confirmation.
2.2.4.1 Severity Definitions. Individual Severity definitions are posted online here. Since it is not possible to define every possible condition or technical situation, these guidelines are only referenced as a set of general guidelines. The severity level of individual cases will depend on the unique characteristics of each incident.
2.2.4.2 Business Hours. Target response times are based on business hours in the region partners are located. This means that the timer on the target response times starts and stops during the regional hours set out below. Cases with an Emergency severity are automatically transitioned to the next available shift for continuous case management. The operational hours only apply to case response times. As previous stated the N‑able Technical Support team is available to receive support requests 365 x 24 x 7.
North America Support Hours: 7AM – 7PM (GMT -5)
EMEA Support Hours: 7AM – 7PM (GMT)
APAC Support Hours: 7AM – 7PM (GMT +8)
2.2.5 Releases. You may receive Releases of the Software, which can be obtained from N‑able’s customer portal.
2.3 Authorized Contact Requirements.
2.3.1. The parties agree that the Software Support is intended to be provided to technical personnel performing the daily administration of the Software on Your Computer. Authorized Contacts are defined as one or more users that have been designated and authorized by you to submit support requests. Standard support users may have up to three Authorized Contacts. Active N‑hanced Support users may have up to six Authorized Contacts. You shall identify at least one Authorized Contact for N‑able’s records, and one of Your Authorized Contacts must be an administrator who coordinates and controls access for other Authorized Contacts from the Company (the “Primary Contact”). The Primary Contact on the account is responsible for maintaining the list of Authorized Contacts and ensuring its accuracy.
2.3.2. Each Authorized Contact will be provided with a Support PIN (MSP-ID) that can be accessed when they login to the Partner Success Center. Authorized Contacts will be required to provide their MSP-ID when they engage with N‑able Technical Support. If the Authorized Contact cannot provide a valid MSP-ID they will be referred to the Primary Contact for assistance. N‑able Technical Support will never share an MSP-ID with a requester. If MSP-IDs are not made available by N‑able, the partner can submit in writing or via email the names, email addresses and direct telephone numbers of its Authorized Contacts. The Primary Contact on the account can substitute Authorized Contacts as needed by providing relevant details to N‑able in advance. All Authorized Contacts can be managed via the Partner Success Center by the “Primary Contact” listed on the account. You must promptly notify N‑able of any change in Your Authorized Contacts. You shall allow one calendar week for processing by N‑able of any change in Authorized Contacts.
2.3.3 N‑able will provide Software Support to only Your Authorized Contact(s). You may not use a single Authorized Contact to act as a mere forwarding service for other personnel. Each Authorized Contact must be able to communicate in English and possess the relevant technical knowledge necessary to assist N‑able in performing the Software Support contemplated under this Agreement.
3. LIMITATIONS OF SOFTWARE SUPPORT.
3.1 Purchase Requirement. Except as otherwise agreed upon by N‑able, You may purchase Software Support for the most current, generally available Release of the Software.
3.2 Access to Your Computer System. Upon explicit request by You, You acknowledge that N‑able may perform Software Support that may be conditioned upon access to Your Computer and/or Supported Platform. You understand and agree that the completeness and accuracy of the information You provide to N‑able may affect N‑able’s ability to provide Software Support to You.
3.3 Exclusions. N‑able will have no obligation to provide Software Support for problems caused by or arising out of the following:
3.3.1 Modifications or changes to the Supported Platform or Software, except for any modification or change made by You as directed by N‑able in the Documentation;
3.3.2 Use of the Software that is not authorized in the EULA, and/or the SSA, as applicable, or the Documentation;
3.3.3 External physical factors, such as inclement weather conditions, which affects the ability to provide Software Support and which may cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity control; neglect; misuse; operation of the Software with other media not in accordance with Documentation; or causes other than ordinary use; and
3.3.4 Third party products that are not authorized by N‑able in the Documentation or, for any third party products that are authorized by N‑able in the Documentation, problems solely arising from such third party products.
3.4 Supported Releases. N‑able shall not be obligated to provide Software Support for any Release of the Software aside from the current and previous three Releases of the Software. Notwithstanding anything to the contrary herein, N‑able may, at its discretion, decide to retire the Software from time to time (“End of Life”) in accordance with its current End of Life Policy. N‑able shall post a notice of End of Life, including the last date of general commercial availability of the affected Software and the timeline for discontinuing the Software Support on its website. N‑able shall have no obligation to provide Software Support for Software that is outside of the applicable service life.
4. YOUR OBLIGATIONS.
4.1 In addition to Your compliance with this Agreement, N‑able’s obligation to provide You with Software Support are subject to the following:
4.1.1 You agreeing to receive communications from N‑able via email, telephone, and other formats, including communications concerning Software Support, the extent of Your coverage, errors, technical issues, and availability of Releases.
4.1.2 The delivery of the Company name as well as Your Contact’s name, relevant contact information, and Your N‑able identification number when You request Software Support, as applicable.
4.1.3 Your cooperation with N‑able for N‑able to provide You with the Software Support.
4.1.4 The assumption of responsibility for performing all operations on the Supported Platform and for the use of the Software. N‑able shall have no responsibility to perform operations on Your Computer or the Supported Platform or for operations performed on Your Computer or the Supported Platform. You are solely responsible for the use of the Software and shall properly train Your personnel in the use and application of the Software in accordance with the EULA and/or the SSA, as applicable and the Documentation.
4.1.5 Your prompt notification to N‑able of all problems with the Software and Your prompt implementation of any corrective procedures provided by N‑able relating to the Software.
4.1.6 Your protection, storage, and back-up of data and information stored on Your Computer or Supported Platform on which and with which the Software is used. You are solely responsible for Your data and information and should confirm that such data and information is protected and backed up in accordance with any internal or regulatory requirements.
4.2 Internal Use. The Software Support purchased by You is intended for use by You and only for Your benefit.
5. N-HANCED SUPPORT ADDENDUM.
5.1 Priority Routing. Requests that are received by partners with an active N‑hanced Support plan and are identified as such when submitting their requests will be assigned priority routing. This routing assignment ensures your requests are prioritized in the applicable queue. Where multiple N‑hanced Support plan requests have been received, N‑able will work each request based on case severity and then by submission date/time.
5.2 Target Response Times. N‑able Technical Support will make reasonable efforts to respond to all requests from partners who have an active N‑hanced Support plan within the Service Level Objectives defined below.
| Severity | Target Response Time SLO |
| N‑hanced Support | |
| All Responses | |
| Emergency | 1 Business Hour |
| High | 2 Business Hours |
| Normal | 8 Business Hours |
5.3 N‑hanced Support Team.
5.3.1 Active N‑hanced Support users have access to the N‑hanced Support Team. Our N‑hanced Support Team is made up of Senior Technical Support Engineers who have demonstrated a track record of consistency, high performance, and product knowledge. They are considered subject matter experts in the products they support and are an invaluable source of knowledge and experience within their respective teams.
5.3.2 Reasonable efforts are made to route all Technical Support requests submitted by N‑hanced Support users to a member of the N‑hanced Support Team, including phone calls, live chats, and case submissions. In situations where a member of the N‑hanced Support Team is not immediately available to receive your request you will be routed to the next available Support Engineer. In those scenarios support cases can be re-assigned to a member of the N‑hanced Support team if needed.
5.3.3 Members of the N‑hanced Support Team are available Monday – Friday during normal business hours. However, an N‑hanced Support user may access a member of the N‑hanced Support Team outside of these hours by submitting a request for access. N‑able will use commercially reasonable efforts to accommodate the request within 72-hours of the request.
5.4 Named Escalation Manager. The N‑able Technical Support team continuously strive to exceed expectations. As an organization that believes in continuous improvement, we understand that some experiences will not go as planned. Accounts with an active N‑hanced Support will have an Escalation Manager assigned to their account. Escalation Managers can be contacted by emailing [email protected]. Your assigned Escalation Manager is available during normal business hours only. If an Escalation Manager is needed outside of normal business hours for your respective region an alternate Escalation Manager from a different region may be assigned to your request.
Last updated May 5, 2022