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StewartSitebuilder Powered by Empowerkit: Additional Terms & Conditions

By using the Services, You are agreeing to be bound by the following terms and conditions (“StewartSitebuilder Terms”), in addition to Empowerkit’s standard terms and conditions (“Site Owner Terms of Use”). If there is any conflict between the StewartSitebuilder Terms and the Site Owner Terms of Use, the StewartSitebuilder Terms shall prevail. You can review the most current version of the Site Owner Terms of Use at any time at: http://empowerkit.com/terms-of-use

All capitalized terms herein shall have the meaning as set forth in the Site Owner Terms of Use.

1. Support Plan
Empowerkit agrees to provide support to You on the Services by providing support coverage from 9:00
AM to 600 PM CT, Monday through Friday, excluding national U.S. holidays (“Business Hours”).
Empowerkit’s support is limited to the Services and includes:

* Unlimited access to Empowerkit call center (phone number: 225-627-3394) during Business
Hours;
* Unlimited email support (email address: support@empowerkit.zendesk.com) during
Business Hours; and,
* Receipt free of all upgrades, updates, patches and fixes related to the Services.

2. Priority Levels.
The Empowerkit priority schedule is included below:

* Urgent: Development or production halted, or having a severe impact on Your ability to continue development or causes a complete interruption of service that has no viable workaround.
* Normal: i) Development or production impacted, but can continue for a reasonable amount of time before problem becomes critical. You should notify Empowerkit if this incident becomes an urgent priority; or, ii) You let Empowerkit know about a problem and feedback is not currently required. If You decide that additional feedback is needed, You should notify Empowerkit of this change in status.

3. Response Times.
Empowerkit’s response time (i.e. initiation of support work) and Resolution (defined below) Times are:

* Urgent Cases: One (1) hour during Business Hours to respond; One (1) day to resolve.
* Normal Cases: Twenty-four (24) hours during Business Hours to respond; Two (2) days to resolve.
* Public website availability: 99% uptime or 1.365 hours downtime per year.

A credit of 3% of subscription fees prorated by month related to the month in which the Target Resolution Time
is not met for each occurrence will be issued, provided that:

a. there are no delays caused by You not providing adequate information requested by Empowerkit, and,
b. such credit will only be applied to Your account.

The response and resolution times set forth above shall occur during Business Hours.

Resolution is defined as providing a reasonable solution or workaround to the incident that is
acceptable to You.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT DOES EMPOWERKIT GUARANTEE RESOLUTION OF ANY INCIDENT. EMPOWERKIT DOES GUARANTEE THAT IT WILL REMAIN ENGAGED THROUGHOUT THE INCIDENT RESOLUTION PROCESS AND USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY INCIDENT OR PROVIDE A REASONABLE WORKAROUND.

4. Incident Correction.
For those incidents escalated to Our engineering team, We will use reasonable efforts to correct incidents determined to be product bugs in a timely manner. Reported bugs will be addressed in a scheduled maintenance release by severity on a first come, first served basis. Severe bugs that fall outside of the scheduled maintenance release will be evaluated for correction on a case-by-case basis.

5. Escalation.
You may contact Christopher Anderson, CEO, (email: chris@empowerkit.com, phone: (510-585-9569) an incident is not being resolved to Your satisfaction.

6. Supported Releases.
Empowerkit provides Support Services for all versions of the Service(s) to which You have access.

7. Affiliate Program.
The Affiliate Program defined in the Site Owner Terms of Use is not applicable and will not be offered to You.

8. Cancellation and Termination.
We will notify You in writing at least forty-eight (48) hours before terminating Your account (see Site Owner Terms of Use for additional terms and conditions related to account termination).

9. Modification to Prices.
The price of the “Starter” package, as defined on the sign-up page, will not change during the term of the Agreement between Stewart Title Guarantee Company and Us.

Return to the sign-up page.
By signing up for a package, you agree to StewartSitebuilder Terms.
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