By purchasing, asking for and/or using customer support you agree to be bound by the following terms and conditions. You are not required to sign these terms, however if you do not agree to these conditions then you should not buy, ask for or use support.
Art 1: Incident, Issue and Status
An issue (or ticket) is defined as a problem caused by an ATOMIKOS product and experienced by you. A support incident is a single, specific, issue–based request for support. A request that raises multiple issues will generate the need for and use of multiple support incidents. An incident is considered closed (resolved) when any of the following occur:
- The issue in question is a feature of the software and may involve you to take training or education.
- There is a functional clarification related to the use of the software.
- A workaround procedure was made available to address your needs.
- A new release was made available that fixes the issue, requiring you to upgrade.
- The issue concerns additional functionality that may or may not be addressed in future versions of the software.
- The issue cannot be reconstructed by ATOMIKOS.
- Any incidents opened by you will be closed automatically if you cannot be reached by ATOMIKOS within 3 attempts on 3 different business days.
Art 2: Production vs Development Support
| Formula |
Includes |
Excludes |
Availability |
| Production support |
Bug fixes, new releases, phone access (for severity 1 only), indemnification, and workaround advice in order to resolve problems encountered in your production environment. |
Development support. |
At least 3 years after the initial release of each major new version. |
| Development support |
Advice on development, integration, configuration, installation, set-up or tuning. |
Production support. |
The current release. |
| Application certification |
This is a quick health check of your Atomikos configuration, where we scan the log files and report to you what is going on. Ideal if you don't know whether you need development support. |
Development support, production support. |
The current release. |
Art 3: Severity and Performance
The following table defines the severity and performance related to an issue.
| Severity |
Description |
Formula |
Target Response Time |
Resolution |
| 1 |
Catastrophic production problem which severely impacts Your production systems, or in which Your production systems are down or not functioning; loss of production data and no procedural work around exists. |
Production support. |
1 business day (or immediate by phone - see art. 5) |
Work continuously until resolved. |
| 2 |
High-impact problem in which Your operation is disrupted but there is capacity to remain productive and maintain necessary business-level operations. |
Production support. |
1 business day |
An immediate workaround or a fix in the next planned release. |
| 3 |
Medium-to-low impact problem which involves partial non-critical functionality loss impairing some operations but allowing Your systems to continue to function. This may include a minor issue with limited loss or no loss of functionality or impact to Your operations and usually includes documentation errors. |
Production support. |
2 business days |
An immediate workaround or a fix in the next planned release. |
| 4 |
All problems outside production use. |
Development support. |
2 business days |
Best-effort advice based on the then-current release. |
Business days are counted as Monday to Friday, 09:00 to 18:00 CET. Support is limited to 12 months from your purchase date of an Atomikos support subscription or until the date mentioned during purchase. A response to an issue/incident may consist of the acknowledgement by ATOMIKOS of your incident report, and may not necessarily resolve your incident.
Art 4: Property
ATOMIKOS warrants itself to be the legal owner of the software and to have the right to all royalties originating from it. Consequently, ATOMIKOS warrants that no part of the present contract interferes with the rights of any third party and that you may make full use of the license granted to you in the full knowledge of the above.
The software is protected by Belgian intellectual property laws, other intellectual property laws and international treaty provisions. The software and all associated intellectual rights remain either the exclusive property of ATOMIKOS or that of certain licensors to ATOMIKOS.
The intellectual property rights on the software and its documentation, any feedback provided by you as well as all copies, updates or possible extensions, including new functions that may be developed by ATOMIKOS for you, remain the sole property of ATOMIKOS, or of certain licensors to ATOMIKOS, unless otherwise agreed in writing.
Art 5: Limitations
Support is only given for issues that arise from the correct usage of the software, as specified in the ATOMIKOS documentation. In particular, not included are new features that you request, modifications to features that are not causing problems when using the software or ports to unsupported platforms or environments. When a newer version of the software is available then you should upgrade first before asking support.
Art 6: Communications
Problem cases are to be reported by email to
support@atomikos.com where they will be pulled into the Atomikos ticketing system.
You agree to supply the following minimum information for each issue:
- Your Kagi purchase transaction id
- The steps to reproduce the issue
- The expected behaviour of the software
- The observed behaviour of the software
Upon receipt, ATOMIKOS will generate a timestamp and ticket (number) to identify the problem. This ticket should be used by you for all further communications related to the case.
To speed up performance for production down support outside Atomikos business hours, you may optionally call +3215613055 after you have received your support ticket via email. However, this requires that you also guarantee 24/7 availability of a contact person on your end to follow up. Do not call us if this is not the case.
Art 7: Disclaimer
In no event will ATOMIKOS be liable for any damages whatsoever including – but not restricted to – lost revenue or profits or other direct, indirect, special, incidental, cover, or consequential damages, even if advised of the possibility of such damages, except to the extent applicable law, if any, provides otherwise.
Art 8: Conflict Resolution
Only Belgian law shall apply to any contracts or other legal relationships to which the present general conditions apply.
Any dispute shall be, at the request of either party, immediately submitted to a conciliation committee consisting of at least one representative of either party plus one independent third-party representative whose nature and identity is accepted by both you and ATOMIKOS. If the conciliation committee were unable to settle the dispute within 30 days after the first meeting, or in the event that no acceptable third-party representative can be found within 30 days, each party is free to take the case before the competent court.
All legal conflicts will be exclusively settled by the Court of Mechelen, Belgium.
Art 9: Completeness
This is the full and final agreement between you and ATOMIKOS, and it supersedes any promises, representations or agreements relating to the subject of this agreement. This agreement may be changed only if you and an ATOMIKOS authorized representative do so in writing. No inconsistent, additional, or pre-printed terms on your purchase order or other business form apply.
