Maintenance and Support

1. Primary contact. Customer shall designate a single contact (“Primary Contact”) to request and receive support services from Vendor with respect to any reproducible error that an investigation reveals is caused by the Software’s failure to perform materially in accordance with the Documentation (an “Error”). Customer shall provide contact information for such Primary Contact.

2. General. Vendor will use commercially reasonable efforts to respond, by electronic mail or by phone, to each Error identified by Customer’s Primary Contact within the time periods in the table below. Error resolution shall be performed in accordance with the table below and may consist of a fix, a workaround, or another solution in Vendor’s reasonable discretion.

3. Support hours: Vendor will provide support by electronic mail and telephone between the hours of 9:00am and 5:00pm Pacific Time, Monday through Friday, excluding U.S. federal holidays.

Service Level CategoryService Levels
Incident ResponseResponse Time
Severity 14 business hours
Severity 212 business hours
Severity 324 business hours
Severity 45 business days
Incident ResolutionResolution Efforts
Severity 1Customer receives status updates every 1 business hour until resolution. Vendor will allocate significant employee resources towards resolution as a priority over other in-progress work.
Severity 2 Customer receives status updates every 1 business day until resolution. Vendor will allocate significant employee resources towards resolution as a priority over other in-progress work.
Severity 3 Customer receives status updates every 5 business days until resolution. Vendor will allocate appropriate employee resources towards resolution as a priority over other scheduled work.
Severity 4Customer receives updates upon request.
LevelSeverity Definitions
Severity 1 – EmergencySystem down: Complete loss of application. The users cannot use the system or key functions at all, and a reliable, acceptable workaround is not known.
Severity 2 – HighSerious/Urgent Issue: Partial loss of critical functionality.  Problems for which a workaround exists but requires extensive effort. Problem may be closed after a workaround acceptable to Customer is in place and reopened as a Severity 3 or 4, as agreed. More than 50% of users are affected.
Severity 3 – MediumNon-urgent Issue: Degradation or loss of non-critical business functions. Users can continue operating with the results being adequate to perform needed functionality (although the process or format may be less than desirable). Problems affecting a single user – preventing completion of a critical task but for which a reasonable workaround acceptable to Customer exists.
Severity 4 – LowLow-priority issues: Degradation or loss of production functionality that affects individuals or small workgroups, minimal impact, preventing completion of a non-critical task but NOT impacting other aspects of the user’s work. Problems which do not degrade system functionality (tolerable or deferrable problems); major functions of the application still work. Any type of request (including requests for information, training) that is not related to a problem. Ad hoc requests.

4. Exclusions: Vendor shall not be required to fix any Error or problem where:

4.1. where the Software is not used for its intended purpose; or

4.2. where the Software has been altered, damaged, modified or incorporated into other software in a manner not approved by Vendor; or

4.3. where the Software is a release that is no longer supported by Vendor; or

4.4. which is caused by Customer’s or a third party’s software or equipment or by Customer’s negligence, abuse, misapplication, or use of the Software other than as specified in the Documentation.