Open Source Support Desk B.V. Julianalaan 264 3722 GX Bilthoven The Netherlands T +31 (0)30 229 13 35 +31(0) F +31 (0)30 228 85 75 +31 (0) E info@opensourcesupportdesk.com www.opensourcesupportdesk.com VAT NL 8201.45.166.B.01 COC Utrecht 30241477 ABNAMRO 54.93.99.062 IBAN NL75ABNA0549399062 BIC ABNANL2A JOOMLA SUPPORT CONTRACT SERVICE LEVEL AGREEMENT Enterprise Level Copyright 2009 by Open Source Support Desk B.V. All rights reserved. This document is protected by copyright. No part of this document may be reproduced in any form by any means without prior written authorisation of Open Source Support Desk B.V. and its licensors, if any. Page 1 of 8
Purpose of this document This document defines the terms and conditions of the Service Level Agreement for support of Joomla Content Management System (the Agreement ) between Open Source Support Desk B.V. ( OSSD ) and the Client. OSSD endeavours to provide the Client with a level of service based on timeliness of response and access to expert assistance. Contract Number Domain(s) covered Application Number of applications Number of users Number of tickets Description EL2009-1109a http://www.compsych.com Joomla version 1.5.x, including all extensions and templates One Unlimited Unlimited To provide support for the Joomla Content Management System via: Email: support@opensourcesupportdesk.com Web: https://www.opensourcesupportdesk.com/online-helpdesk Outbound phone support On-site support is not included. Service Level Agreement Hours Purchased Hourly Rate Hourly Rate extra time Software Licenses Payment Method Contract Period Cancellation Hours of coverage Enterprise Service Level 4 hours/month USD 132.50 per hour USD 150.00 per hour, monthly billing Costprice, monthly billing PayPal, monthly recurring subscription (a PayPal account is not required) 12 months; automatic renewal for 12 months Monthly at the end of the (contracting) month, in writing 5am 5pm CET, Monday to Friday, excluding OSSD s regularly scheduled public holidays. 24/7 for Priority 1 requests Initial Respons Time Priority 1: Critical 1 Hour, 24/7 Priority 2: High Priority 3: Medium Priority 4: Low 4 Business Hours 1 Business Day 1 Business Day Money Back Guarantee In case OSSD does not meet the Initial Response Time on any Ticket submitted during a month, the Client will get a full month s credit upon request. Page 2 of 8
What is covered under this Agreement? This Agreement covers changes and enhancements to Joomla web site on an ad-hoc basis. Subject to the terms and conditions set forth herein the contracted hours per month allocated in this Agreement typically cover the following areas: Web site content updates and changes. Changes/updates and general web site design work including style-sheet updates (HTML/CSS). Comprehensive, ongoing checks. Corrections of any malfunctioning components, ensuring that the web site is functioning properly. Joomla Template. Modifications and changes to the current Joomla template. Graphic design. Including replacement/optimisation of images, photos, graphics and images. Version Upgrades. Upgrades to Joomla Extensions that are already installed, including testing. Performance Improvements. Email support. Support relating to the web site and extensions, currently in use and new. Extension management. Installation and configuration of additional Joomla Extensions as required, including testing. Consulting services. Best Practice recommendations relating to the web site, web content display, additional components/modules/services that could be integrated to enhance the web site visitor's experience. Priority Level Definitions The service request priority definitions are based on the impact on the Client s business. The information provided by the Client includes this estimated business impact. The Client s helpdesk requests will be treated appropriately, based upon the business impact. Below is a list of the standard priority definitions that OSSD uses to classify technical support issues: 1. Priority 1 (Urgent) A Priority 1 issue is a catastrophic production problem which may severely impact the production systems, or in which the Client s production system is down or not functioning; lossd of production data and no procedural workaround exists. 2. Priority 2 (High) A Priority 2 issue is a problem where the system is functioning but in a severely reduced capacity. The situation is causing significant impact to portions of the Client s business operations and productivity. The system is exposed to potential lossd or interruption of service. 3. Priority 3 (Medium) A Priority 3 issue is a medium-to-low impact problem which involves partial non-critical functionality lossd. One which impairs some operations but allows the user to continue to function. This may be a minor issue with limited lossd or no lossd of functionality or impact to the Client s operation or issues in which there is an easy circumvention or avoidance by the end user. 4. Priority 4 (Low) A Priority 4 issue is for a general usage questions or request for a modification. There is no impact on the quality, performance or functionality of the product. Page 3 of 8
Client Obligations As a condition to receiving services under this Agreement, the Client agrees to do the following. 1. Support Contact. The Client s Support Contact set forth below will be responsible for reviewing, verifying, and prioritizing the Client s requests as well as coordinating associated Client activities under this Agreement. When contacting OSSD, the Support Contact will have readily available the software version number and browser version numbers used. 2. Changelogs. The Client will provide OSSD with changelogs describing all changes to the Joomla core system and extensions, including templates. 3. Remote Access. The Client understands and agrees that the completeness and accuracy of the information the Client provides to OSSD may affect OSSD s ability to provide support services. The Client agrees to provide remote access to OSSD s technical support staff in order for OSSD to provide services under this Agreement. The Client will provide OSSD with sufficient documentation, information, assistance, support and test time on Client s Application and hosting environment, to duplicate the problem, certify that the problem is with the Application and certify that the problem has been corrected. 4. Additional Logins. The Client agrees to provide logins for web sites used to download Joomla related software (Extensions and Templates) to allow OSSD access to upgrades and documentation for this software provided by these software developers. Page 4 of 8
Web site Support Policy 1. Ticket is defined as any request by a Support Contact under this Agreement through either www.opensourcesupportdesk.com online helpdesk or by email to support@opensourcesupportdesk.com. Tickets are completed by priority of request. 2. Time is based on actual time involved in completing the Updates and Tickets submitted (time-andmaterial based), including time spent evaluating and diagnosing the problem. Support is charged per use at a minimum of fifteen (15) minutes, and additional fifteen (15) minute increments thereafter, at the discretion of OSSD. 3. OSSD offers no guarantee to be able to fix any particular issue, however OSSD will use all reasonable efforts to do so in the time allowed. Engineers will be assigned based on required skills. 4. When a single Ticket is expected to use over four (4) hours, or has used four hours, OSSD will notify the Client for approval to proceed or continue. The Client gives unconditional permission to OSSD to use up to four hours for any given case without prior approval. 5. The Client can use the allotted time for software technical assistance for a Domain under this Agreement. 6. Technical support will be available during normal 5 am to 5 pm CET business hours (Monday to Friday). For critical support requests with a Priority 1 technical support will be available 24/7, 265 days per year. 7. OSSD guarantees to start working on a Ticket the same business day where feasible, however due to the nature of Tickets, OSSD cannot guarantee a time to resolution. 8. Update is defined as keeping the web site current and improving its functionality that can be achieved within the set allocated hours per month. It is not intended for either development work or migrations. 9. Updates for Joomla or it s extensions will be executed proactively, without having to submit a Ticket. All Updates will be evaluated and tested by OSSD and subsequently executed in a test environment. Major Updates may need the prior written consent of the Client before taken into production. OSSD undertakes to complete Updates to the web site as soon as reasonable possdible. 10. OSSD reserves the right to subcontract any or all of the work to be performed under this Agreement, and retains responsibility for the work subcontracted. 11. OSSD assumes no liability whatsoever for proposed resolutions or fixes. 12. This Agreement expires one year from the Starting Date and will be renewed automatically for successive renewal terms of one year. After expiry, unused support hours will not be refunded. 13. OSSD reserves the right to distinguish between Updates and "new developments or migrations". The 24 hour cycle does not apply to new developments or to migrations which will be completed under a different timeframe and may incur additional charges, but due to the nature of development or migration projects, OSSD will not break a project up into only a few hours of work each month. 14. Technical support will be provided to the Support Contact of the Client s company. Additional users may be added as required in the table provided in Appendix I. 15. The Hours Purchased do not carry hours from one month to the next, unless agreed otherwise. These hours are reserved for the Client s usage during the month, should the Client need them. 16. There is no discount or refund if no Tickets are made to the web site during a monthly support cycle. OSSD reserves the Client s time whether it is used or not. 17. The Client will, in addition to all amounts payable under this Agreement, pay all sales and other taxes, federal, state, or otherwise, however designated, which are levied or imposed by reason of the transactions set forth in this Agreement, excluding only taxes based on OSSD s income. 18. The web site may be using third-party components (web site trackers, news feeds, etc.). OSSD has no control over what third party sites do and takes no responsibility for lossd of information due to actions of these sites. 19. The web site may be using third-party encrypted software (mainly extensions). OSSD has no control over encrypted software and takes no responsibility for any lossd of information or other issue or problems due to this software. 20. The General Terms and Conditions of FENIT, filed at the Office of the Clerk of the District Court in The Hague, The Netherlands, on 3 rd June 2003, under number 60/2003, are applicable to this Agreement. In case of any discrepancy the latter will prevail. Page 5 of 8
Acceptance Agreement This Agreement constitutes the sole agreement between OSSD and the Client regarding web site support services. Any changes or modifications thereto must be agreed upon in writing and signed by both parties. By signing this Agreement OSSD and the Client agree to the terms and conditions of this Agreement. Client Name ComPsych Corporation Address City NBC Tower 455 N. Cityfront Plaza Dr Chicago Zip/Postal Code IL 60611 State Country Illinois United States Phone 312-705-1515 Fax Company VAT number Support Contact Name Rick Strauss Position Email Manager, Online Products rstrauss@compsych.com Phone 312-705-1515 Starting Date Date of email confirmation from PayPal for the initial payment of the subscription fee. On behalf of the Client the undersigned agrees to the above terms and conditions. Signed Name/Tiltle Date Open Source Support Desk B.V. Signed Name/Title Date Page 6 of 8
APPENDIX I Support Contacts: Userlist Users listed below are authorized by the Client to submit requests by email (support@opensourcesupportdesk.com) or via the online helpdesk and use technical support hours. All users will be provided with a unique and personal login by email. Any changes to this user list will be provided by the Client in writing. Support Contact 1 Support Contact 2 Support Contact 3 First Name Last Name Position Email Phone Mobile Phone MSN Messanger Skype ID NOTE: please feel free to submit additional copies of this page to add more Support Contacts/users. User Management Users can have online access to either support requests (tickets) submitted by them personally or to all tickets submitted by all users within this Agreement. To have online access to all Tickets submitted under this Agreement a user needs to have a manager role. Please state which users should have a manager role within this Agreement. First Name Last Name Manager 1 Manager 2 Manager 3 NOTE: please feel free to submit additional copies of this page to add more Support Contacts/users at manager-level. Page 7 of 8
APPENDIX II Application Access Details Application Version Admin URL Joomla 1.5.x http://www.compsych.com/administrator Super Admin username Super Admin password FTP Host FTP username FTP password Phpmyadmin Db username Db password Page 8 of 8