Guarantee Terms and Conditions

RESPONSE TIME GUARANTEE 

Foliage Design Systems, LLC (“FDS”) provides the below Response Time Guarantee. 

Response Time Guarantee:  FDS guarantees to an Eligible Customer that a human will respond on the same Business Day to a service inquiry (limit one per day per Eligible Customer) submitted by an Eligible Customer Contact relating to FDS’s service if the inquiry is received by a FDS Contact before 2:00 p.m. (local time of the service location applicable to the service inquiry).  Inquiries submitted after such time will be responded to on the next Business Day.  The guarantee regarding a response by FDS is not a guarantee of when a reported issue will be resolved. 

If FDS fails to meet its Response Time Guarantee (including by a call or an email to an Eligible Customer Contact), FDS agrees to provide the Eligible Customer a service credit equal to the Eligible Customer’s base monthly service fee (excluding taxes) for that month up to a maximum of $5,000.  FDS will be entitled to reasonable time extensions to respond, without an obligation to grant such a credit, if a failure to timely respond is due to circumstances outside FDS’s reasonable control.  No cash refunds apply and only one credit will be granted per month.  This is the sole applicable remedy for a failure of FDS to meet the Response Time Guarantee.  If a credit is not given and not claimed in a written notice to FDS within 30 days of the next billing statement, the credit right is waived. If an Eligible Customer is making a service inquiry related to multiple site locations, the single site to which the service inquiry relates with the largest base monthly service fee will determine the service credit up to the maximum. 

The Response Time Guarantee may be cancelled and the applicable terms may be modified from time to time by postings by FDS on http://www.foliagedesign.com/guarantee-terms-and-conditions/ at any time without notice. 

FDS Contact:  FDS Contact refers to either an email to Care@foliagedesign.com or phone call (with detailed message left if no answer) to 1-800-933-7351.  An inquiry to a FDS Contact must be made in English by an Eligible Customer Contact and must state a valid inquiry relevant to the existing services being provided by FDS to the Eligible Customer. 

Business Day:  Business Day means a day other than Saturdays and Sundays that the U.S. Post Office is open for business in the service location applicable to the service inquiry of the Eligible Customer. 

Eligible Customer:  Eligible Customer means a FDS existing customer being billed monthly who is current (as determined by FDS) with respect to payment of all amounts owed to FDS. 

Eligible Customer Contact:  Eligible Customer Contact means a human service contact representative of the Eligible Customer on file with FDS.  Inquiries by an Eligible Customer Contact to FDS must be in English.  Responses to an Eligible Customer Contact may be to such person’s phone number or email address on file with FDS.