SUPPORT AGREEMENT

E-Freight Technology, Inc. (EFT) will attempt to resolve all issues over the phone, email, fax, online support channels, or in person during normal business hours. EFT reserves the right to determine which method of support to choose and when to move to a different method of support.

If the issue is found to not be covered under a current maintenance agreement, any support provided by EFT, either for hardware or software, will be billed at an hourly rate. The rate to be billed will be such rate included in an existing agreement between EFT and the Client. If no such agreement exists, the rate will be billed at EFTs then-current hourly support rate. EFT will be responsible for disclosing the then-current support rate to the Client as soon as possible during the course of supporting the Client.

Normal business hours are defined as 9:00 AM to 6:00 PM Pacific Standard Time.

EFT is not responsible for any Hardware issues that the LICENSEE may encounter. EFT is willing to collaborate with the Original Equipment Manufacturer or Hardware Supplier to resolve any Hardware issues. Such service is billable to the LICENSEE at the rate quoted in the FEE AGREEMENT.

Subject to and upon the terms and conditions of this Agreement, LICENSOR agrees to provide LICENSEE with the Software Support Services during the LICENSE AGREEMENT Term.

LICENSOR’S obligation to provide Software Support Services for any particular Software Product is subject to the following conditions:
    (a)     Monthly License and Support Fees for the period Software Support Services are requested have been paid by the LICENSEE;
    (b)     such Software Product is being used by LICENSEE in accordance with the terms and conditions of its LICENSE AGREEMENT;
    (c)     LICENSEE shall have provided LICENSOR with all information reasonably requested by LICENSOR from time to time in connection with LICENSOR’S performance of Software Support Services for such Software Products;
    (d)     the computer equipment on which such Software Product is being used, any operating system and other system software associated with such equipment, and all other software upon which the Software Product relies or with which the Software Product is interdependent, is operating properly.
    (e)     if LICENSOR provides Software Support Services to LICENSEE for any Software Product under circumstances where one or more of the conditions set forth above have not been satisfied, then LICENSEE agrees to pay to LICENSOR, within twenty (20) days of LICENSOR’S invoice date, an additional fee for such services based on the services provided. The fee for such services will be billed at the rate quoted in LICENSEE’s then-current FEE AGREEMENT.

LICENSOR will provide diagnosis for problems occurring with all LICENSOR supplied Software Products. If the problem is determined to result from hardware and/or software not supported by LICENSOR, the problem diagnosis effort is billable to the LICENSEE at the rate quoted in FEE AGREEMENT.

Software fixes will be provided for the software developed and customized by LICENSOR. When a problem is determined to result from a third party software product (i.e. Windows, etc.), LICENSOR will facilitate the problem resolution process and bring third party supplier technical resources to bear as appropriate. The timely creation of any required fix is the responsibility of the third party software developer.

If a problem is determined to occur with a third party component of any Software Product, LICENSOR will work with the third party vendor to facilitate the solution in the shortest possible time frame. In the event that the third party vendor cannot supply a "fix" within a time frame acceptable to the LICENSEE, LICENSOR commits that all reasonable efforts will be made to create a "temporary fix" or "work around". The "temporary fix" or "work around" will be supported until the third party vendor provides a "permanent fix" for the problem. EFT will attempt to resolve all problems that are determined to occur with EFT Software Products in a reasonable time frame.

LICENSOR developed product enhancements will be made available on a periodic basis. When practical, minor enhancements and product fixes will be made accessible via e-mail. Major enhancements and product fixes will be provided via Remote Access from the LICENSOR during LICENSOR’s office hours.

Some fixes or updates will be specified as mandatory. The LICENSEE is required to implement all mandatory updates within 90 days of their availability. Failure to implement a mandatory update may result in LICENSOR's inability to support the old version of the product.

Any system integration efforts or prerequisite software installation requirements (such as a specific operating system version) that are needed to utilize LICENSOR Software Product enhancements or to bring the LICENSEE up to the "latest" product release level are the LICENSEE's responsibility. With reasonable notification, LICENSOR can provide technical resources to implement these changes. All such work will be billable to the LICENSEE at the rate quoted in the FEE AGREEMENT.