Schedule A Support and Maintenance Agreement

Transcription

1 Page 1 of 5 During the Term and upon SSN s acceptance of an executed Order Form that specifies the Customer s designated support plan for the applicable Software (the Covered Services ), SSN shall provide the following support and maintenance services to Customer, as may be reasonably requested by Customer: 1. Support Level Descriptions: a. Basic Support: Forum access, documentation, Build Assistant support and eligibility to purchase Support Requests on a per-incident basis. i. Basic Support Services includes: 1. Access to the knowledge base and documentation located at 2. Access to the moderated support forums located at including the ability to post and reply to forum messages. 3. Customer ability to submit Support Requests pertaining to the operational use of Build Assistant including troubleshooting and diagnosis of operational or systemic problems related to the use of Build Assistant. 4. Customer ability to purchase Support requests related to issues not directly related to Build Assistant on a per-incident basis, which shall be available on a limited availability basis for a separate fee. For more information, contact [email protected] ii. Basic Support Services do not include: 1. System design, architecture, integration services, custom implementation or code development except as necessary for the development and deployment of Updates 2. Support for Other Products or networks used in conjunction with any Covered Services 3. Customer ability to initiate Support Requests for issues not directly related to the Build Assistant except by pre-purchasing Support Requests or upgrading to Standard or Premium support plan. 4. Support for working with or using the Host API. 5. Support for working with or using the Interop API. 6. Guaranteed response times to Support Requests. 7. Billing questions, which should be referred to [email protected] b. Standard Support: Basic Support Services plus support for Covered Services including Host API with a guaranteed response time. i. Standard Support Services includes: 1. Issues related to the configuration, and usage of the Software, including the Host API. These are general how-to questions. 2. Troubleshooting and diagnosis of errors related to use of the Software, including the Host API. 3. Troubleshooting and diagnosis of operational or systemic problems related to the use of the Covered Services. 4. Maximum one Business Day response time for qualified Support Requests. ii. Standard Support Services do not include, among other things: 1. System design, architecture, integration services, custom implementation, or code development except as necessary for the development and deployment of Updates. 2. Support for Other Products or networks used in conjunction with any Covered Services

2 3. Support for the Interop API. 4. Support outside of Regular Business Days and Hours. 5. Billing questions, which should be referred to Page 2 of 5 c. Premium Support: Standard Support plus a Service Level Agreement on Support Requests, support by phone and support for the Interop API. i. Service Level Agreement. Customers that have elected to receive Premium Support, as identified on an executed Order Form, may report Reproducible Errors (as defined below) to SSN in accordance with the below criticality levels, as determined by Customer. Customer may, at its discretion, extend any of the correction periods below. Such extension shall not be deemed a waiver of such correction periods for any future Error reported in the same category. By way of example only, extending the correction period for a specific Critical Bug shall not require that all subsequent Critical Bugs be provided with the extension to the correction period. ii. Response and Correction Schedule. During the term of the Agreement, SSN shall use Reasonable Efforts to address Customer s reports of Reproducible Errors and correct such Reproducible Errors as set forth below at no additional cost to Customer. Error Priority Level Response Management Escalation Correction Schedule Urgent Issue Urgent Within 2 hours of SSN s receipt of a request for assistance from Customer. Immediate To be determined by the nature of the assistance request. Critical Bug High Within four (4) hours following SSN s receipt of a Reproducible Error. Immediate Prior to the end of the 5th Business Day following the Response. Seriou s Bug Normal Within the next Business Day following SSN s receipt of a Reproducible Error. 2 Business Days Prior to the close of the 10 th Business Day following the SSN Response. Minor Bug Low Within 2nd Business Day following SSN s receipt of a Reproducible Error. SSN Discretion To be included in a future release of a scheduled Software update at the discretion of SSN. iii. Premium Support Services includes: 1. SSN will provide such support for SSN Software under a Priority Level basis. 2. All Support times referenced in Section 1(c.)(ii.) are during Regular Business Hours with the exception of Urgent and Critical issues. 3. Customer shall provide reasonable access to necessary servers, computer systems, reporting and log data to permit SSN to provide support being requested under this Agreement. SSN s ability to provide support may be contingent upon the ability to obtain such access. 4. Non-Standard Support Services will follow the same Priority Level response as outlined in this Agreement; however, Customer will be billed as outlined in the Order Form or Statement of Work for Non-Standard Support services received.

3 Page 3 of 5 5. A dedicated Project Manager will be assigned by SSN. The Project Manager will be available by and telephone to provide Status Updates on Customer reported issues, the availability of Updates and the coordination of SSN resources required to provide Non-Standard Support Services. 6. Customer may request support services from SSN to be provided onsite at the Customer s premises. Services will be provided by SSN subject to resource availability and Priority Level. a. Each onsite support request is a minimum of 8 support hours and will be billed at the rate stated on the Order Form or Statement of Work. b. Travel days are billed as a minimum of 8 support hours. c. Customer agrees to pay all travel related expenses associated to fulfilling the Onsite Support request. iv. Premium Support Services do not include, among other things: 1. System design, architecture, integration services, custom implementation or code development except as necessary for the development and deployment of Updates; 2. Support for Other Products, services or networks used in conjunction with any Covered Services; 3. Support outside of Regular Business Days and Hours; 4. Billing questions, which should be referred to [email protected] 2. Limitations on Support Obligations - Notwithstanding anything to the contrary elsewhere in this Agreement, SSN will have no obligation to provide any support services to Customer: a. For network access problems including, but not limited to WAN/LAN security policies, third party network access controls, ISP or CDN errors or outages, viruses associated with the network, malware associated with the network, bad modem or router hardware, network peering and or routing failures; b. To the extent such support relates to or involves any products, features, devices, services, systems or equipment not provided by SSN, including end user systems; c. Where Customer or a third party directed by Customer has altered or modified any portion of the SSN Software in any manner without the prior written consent of SSN; d. Where Customer has not installed or used the SSN Software in accordance with instructions provided by SSN, including failure to follow implementation procedures as outlined in the Documentation. 3. Software Maintenance During the term specified on an Order Form, eligible Customers will be provided access to Software updates that are released by SSN ( Software Maintenance ). SSN s obligation to provide updates shall include, without limitation: a. SSN s regular provision of Updates for the modifications to the operating systems, as specified on an Order Form; and b. If applicable, updates to the Software under the Response and Correction Schedule as they become available, which must be used and distributed by Customer to meet their intended objective. c. SSN may, at its discretion, supply Customer with optional Updates to the Software at any time. Customer will be under no obligation to use or distribute optional Updates from SSN but may do so in Customer s sole discretion. Customer acknowledges that SSN s ability to provide support may become impaired when the latest Software Updates are not applied. 4. Named Support Contacts Customers must designate their Named Support Contacts that are authorized to request support. Only Named Support Contacts are permitted to submit support cases and interact directly with Premium Support personnel. Standard Support customers must designate at least one (1) and up to two (2) Named Support Contacts. Premium Support customers may designate up to four (4) Named Support Contacts.

4 5. Definitions Schedule A Page 4 of 5 a. Support Request a request for technical assistance submitted via SSN s online support portal at b. Error shall mean a defect and/or error within the Software that causes the Software to not operate in conformance with the Documentation shipped with the commercially released version of the Software. c. Documentation means instructions, diagrams, documents, articles, knowledgebase and documented responses from SSN support personnel pertaining to the functionality, implementation, operation, use and maintenance of the Software. d. Reasonable Efforts means, with respect to the goal of adhering to the Correction Schedule, the efforts consistent with the practice of comparable software companies and with respect to comparable software products, which a reasonable person in the position of SSN would use so as to achieve that goal as expeditiously as possible. e. Reproducible Error shall mean an Error that has been successfully reproduced internally by Customer, and either (i) each of the required steps to reproduce the defect and/or error have been recorded and provided to SSN such that SSN can replicate the error in its internal testing environment; or (ii) Customer has provided SSN the ability to remotely observe and inspect a Customer computer system that reproduces the defect and/or error. f. Response shall mean SSN s acknowledgment to Customer that a Reproducible Error has been received and its initial assessment of the Error reported by Customer. f. "Critical Bug" shall mean an Error that (i) causes Software currently in Production, or a Licensed Customer Application (LCA) instantiated by the Software in Production, to crash (malfunction) affecting five percent (5%) or more of end users and for which there is no known workaround; g. "Serious Bug" shall mean an Error that either (i) causes the Software or a Customer LCA instantiated by the Software, to crash (malfunction) affecting less than five percent (5%) of end users for which there is no known workaround, or if affecting more than five percent (5%) a workaround has been identified by Customer or has been provided to Customer by SSN; or (ii) substantially degrades the performance, usability or appearance of a LCA instantiated by the Software. h. "Minor Bug" means an Error that causes either (i) a less than substantial degradation in the performance, usability or appearance of the Software or (ii) a Customer Product instantiated by the Software to crash (malfunction), which unless corrected could result in a delay to an internal Customer milestone related to the development or release of an LCA where the technical requirements and timelines were previously communicated to SSN. i. Production shall refer to Software that is actively in use and publically available for the purposes of distributing the LCA or updates to the LCA to Customer s end users. j. Urgent Issue shall mean any emergency, as determined by Customer, which requires immediate attention by or information from SSN. k. Professional Services means any support provided to Customer related to: a. Issues not caused by SSN Software; or Third Party Software b. Implementation of custom features or behavior of the SSN Software l. Non-Standard Support Services means any support provided to Customer for issues not caused by SSN Software or 3 rd Party Products provided by SSN to Customer when services are provided to customer during Regular Business Days and Regular Business Hours. m. Emergency Non-Standard Support Services means any support provided to Customer for issues not caused by SSN Software or 3 rd Party Products provided by SSN to Customer when services are provided outside Regular Business Days and Regular Business Hours. n. Status Update Communication provided to the customer if an issue cannot be immediately resolved. o. Management Escalation Any time management must be notified of issue reported to SSN Support Team. p. Named Support Contacts Customer s designated personnel that have been registered with SSN as being authorized to request support services on behalf of the Customer. q. Regular Business Days SSN s Business Hours Monday through Friday, except days designated as company holidays and listed in SSN s online support portal at r. Regular Business Hours Between 09:00-17:00 MST on Business Days. s. Other Products Computer programs, hardware, documentation, services or other product licensed by an entity other than SSN, and is not included with the SSN Software.

5 Page 5 of 5 t. Third Party Software Computer programs, documentation, services or other product licensed by an entity other than SSN, but which is included with the SSN Software as outlined in Third Party Licenses located at u. Support Incident A specific, discrete issue that can be addressed by isolating its origin to a single cause. SSN, in its sole discretion, will determine what constitutes a Support Incident. A Support Incident has reached resolution when the customer receives one of the following: a. Information that resolves the issue; b. Information on how to obtain a software solution that will resolve the issue; c. Notice that the issue is caused by a known, unresolved issue or an incompatibility issue with supported product. d. Information that identifies the issue as being resolved by upgrading to a newer release of the supported product; e. Notice that the issue has been identified as a hardware equipment issue; f. Information that isolates issue to a Third Party Product, not supported by SSN.