HQbird Support Service Agreement
TOO IBSurgeon Software · Baizakova, 280, Almaty, Kazakhstan [email protected] · www.ib-aid.com
Version 1.0 · Effective 01 August 2026
This Support Service Agreement (the “Service Agreement”) is entered into between TOO IBSurgeon Software ("IBSurgeon") and the customer identified in the Order (the “Customer”). It governs the IBSurgeon Support Service — a service offering that bundles licenses or subscriptions for the IBSurgeon HQbird software together with technical support (a “Wrapper Service” as defined in the HQbird End User License Agreement).
1. Structure of the offering
1.1 Related documents. The Support Service is governed by, in order of precedence: (a) the Order; (b) this Service Agreement; (c) the HQbird End User License Agreement (the “EULA”, available at https://ib-aid.com/en/hqbird-eula/) for the bundled licenses; and (d) the IBSurgeon Support Policy (available at https://ib-aid.com/en/support-policy/) for support scope, severity levels and response targets. Capitalized terms not defined here have the meanings given in the EULA.
1.2 What is bundled. The Order identifies: the Service Term; the license model and Edition of the bundled HQbird licenses or subscriptions (e.g. Per-Server Subscriptions and the number of covered Servers, or an Unlimited Subscription); the designated technical contacts; and the fees.
1.3 License terms. The bundled licenses are granted under the EULA. For Per-Server Subscriptions bundled in this Service, the Subscription Period runs concurrently with the Service Term (EULA Sections 1.10 and 3.5(c)), and the right to Use the Software is conditional on this Service Agreement remaining in effect and paid.
2. Services
2.1 Technical support. IBSurgeon will provide technical support for the covered Servers and licenses in accordance with the Support Policy in effect at the start of the then-current Service Term. IBSurgeon will not materially degrade the level of support during a paid Service Term (EULA Section 6.1).
2.2 Updates and Upgrades. The bundled licenses include Updates and Upgrades as stated in the EULA for the applicable license model.
2.3 Additional services. Where stated in the Order, the Service may also include additional services such as database health checks, monitoring configuration, performance optimization or recovery assistance, in the scope and quantity stated in the Order.
2.4 Exclusions. Services outside the scope of the Support Policy or the Order — including database administration of Customer’s systems, application development, and on-site work — are available separately and are not included.
3. Customer responsibilities
Customer shall: (a) designate up to the number of technical contacts stated in the Order and route support requests through them; (b) provide reasonable diagnostic information, logs and remote access where needed for issue resolution; (c) maintain adequate backups of its databases and data (EULA Section 10.4); (d) apply Updates recommended for the resolution of an incident; and (e) provide first-line support to its own end customers where Customer distributes the Software under EULA Section 3.4 or 3.5(f).
4. Term, renewal and termination
4.1 Service Term. The Service begins on the start date stated in the Order and continues for the period stated there (the “Service Term”), by default one (1) year.
4.2 Renewal. The Service renews for successive periods equal to the initial Service Term upon payment of the then-current renewal fee. IBSurgeon will give at least sixty (60) days’ notice of any renewal fee change.
4.3 Termination for cause. Either party may terminate this Service Agreement if the other party materially breaches it and fails to cure within thirty (30) days of written notice. IBSurgeon may suspend the Service for material arrears in accordance with EULA Section 7.4.
4.4 Effect of expiration or termination. Upon expiration or termination of the Service: (a) support entitlement ends; (b) bundled Per-Server Subscriptions expire with the Service, with the effects stated in EULA Section 3.5(e), including the thirty (30) day grace period; (c) a bundled Unlimited Subscription expires with the Service, with the effects stated in EULA Section 3.4(e) (installed instances continue to operate); and (d) fees already paid are non-refundable except as expressly stated in the EULA or the Order.
5. Fees
Fees for the Service Term are stated in the Order and are payable in advance unless the Order states otherwise. EULA Sections 7.1, 7.2 and 7.4 (fees, taxes, late payment) apply to this Service Agreement.
6. Warranty, liability, confidentiality, general
6.1 Services warranty. IBSurgeon warrants that the Services will be performed in a professional and workmanlike manner by qualified personnel. Customer’s exclusive remedy for breach of this warranty is re-performance of the deficient Services or, if re-performance is not commercially reasonable, a refund of the fees paid for the deficient Services. EXCEPT AS STATED IN THIS SECTION, THE SERVICES ARE PROVIDED WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
6.2 Incorporated terms. The following EULA provisions apply to this Service Agreement mutatis mutandis as if set out in full: Section 8 (Confidentiality), Section 10 (Limitation of Liability, with liability under this Service Agreement counted toward the same aggregate cap), Section 13 (Export and Compliance) and Section 14 (General Provisions, including governing law and AIFC arbitration under Section 14.1).
6.3 No guarantee of outcomes. Support and recovery assistance are provided on a best-effort basis; IBSurgeon does not guarantee that any particular data can be recovered or that any particular issue can be resolved.
By signing the Order referencing this Service Agreement, or by using the Support Service, Customer agrees to this Service Agreement.
TOO IBSurgeon Software · Baizakova, 280, Almaty, Kazakhstan [email protected] · www.ib-aid.com