The Supplier shall provide Support Services in accordance with the terms of this policy, the terms of which may be amended by Supplier from time to time. Supplier offers two levels of support: Standard Support Services and Enhanced Support Services. All terms and conditions of this document shall apply to all levels of Support Services required.
– “Cloud Release” means any progression or Update, of Supplier’s Software as a Service (“Solution”), and does not include version release numbers.
– “Documentation” in this policy refers to any user guides, technical guides, release notes. – “Customisations” means approved changes made to features of the Solution by Supplier on behalf of the customer.
– “Normal Business Hours”: 08:00 – 17:00 (Monday to Friday) excluding Public Holidays – “Public Holidays”: Republic of South Africa’s public holidays.
– “Update” means a patch, bug fix or critical fix, issued by Supplier. – “SaaS”: Software as a Service
2. SUPPORTED VERSIONS OF THE SOLUTION
Releases are supported for the SaaS Subscription Term. The Supplier shall notify the Customer promptly in writing of the issue of any New Version, specifying the following:
– the charge for delivery and installation of the New Version if applicable; – the license fee payable for the New Version if applicable; and – in what way the New Version differs from the previous version in terms of functionality, performance and compatibility
3. AVAILABILITY (SaaS only)
For customers with a valid and paid-up subscription, the Supplier shall use commercially reasonable efforts to ensure an up-time of 99.5% with regard to SaaS during any given month of the Subscription Term, excluding the periods:
– in which any of the Parties are performing scheduled maintenance;
– that result from a termination as described in the SaaS Agreement;
– that result from suspension due to overdue payments; – caused by factors outside of The Supplier’ reasonable control, including any force major event or Internet access or related problems;
– that result from any actions or in-actions of customer or any third party on behalf of customer;
– that result from customer’s equipment, software or other technology and/or third party equipment, software or other technology, contracted by customer;
– caused by customer’s use of the Software in a manner inconsistent with the documentation or The Supplier’ guidance;
– caused by customer’s use of the Software after The Supplier advised customer to modify its use of the Software;
– attributable to acts by persons gaining unauthorised access to or use of the Software due to customer’s failure to maintain and control security and access to the Software;
– attributable to the acts or omissions of customer or its employees, agents, contractors, or vendors, or anyone gaining access to the Software services by means of customer’s credentials or equipment;
It is agreed that the service levels will not apply during the initial customisation and on-boarding Phase.
“Enhance Support Services”:details available on request from the Supplier. Enhance Support Service may result in additional Support & Maintenance fees.
4. ITEMS COVERED BY SUPPORT SERVICES
“Standard Support Services” shall be defined as:
– Support for all technical issues relating to the use of the Solution (including errors or problems with the Solution, issues during setup and assistance understanding specific features) via:- online via form and knowledge-base – email sent to [firstname.lastname@example.org]
– availability of assistance / problem solving via above communication channels during Normal Business hours;
– Cloud Releases as they become available.
5. SCHEDULED MAINTENANCE
From time to time, The Supplier or its nominees reserves the right to perform maintenance interventions. These interventions update the Software to ensure the Customer benefits from new capabilities and defect fixes.
In the event of Scheduled Maintenance:
– The Supplier will use commercially reasonable efforts to notify End-Customers with at least 2 business days in advance.
– The Supplier will notify all technical contacts associated with the company via email.
6. SCOPE OF THE SUPPLIER SUPPORT
Our Support Service Levels cover only production issues of the Software, not development and testing environments, including:
1. Troubleshooting unexpected behaviours by the Supplier with the Software;
2. Troubleshooting performance issues that can be linked directly to a specific misbehaviour of The Supplier Platform;
3. Best-effort support in several underlying technology stacks which are dependencies of the Software, including networking, storage, and hardware management;
4. Performing system administration tasks.
7. ITEMS NOT COVERED BY SUPPORT SERVICES
Supplier is not obligated to provide Support Services for errors or problems caused by the following:
– third-party components or scripts not provided by the Supplier or contemplated within the Documentation;
– any modifications to the Solution not authorised by or carried out by the Supplier; – any custom code introduced by the Customer;
– Customisations undertaken by anyone other than Supplier on behalf of the Customer; – use of the Solution other than as described in the documentation provided by Supplier; Additionally, THE SUPPLIER SHALL HAVE NO OBLIGATION TO SUPPORT:
1. Software installed on any hardware and/or interfaces that are not supported by the Supplier;
2. Problems caused by End-Customer’s negligence, abuse or misapplication or use of the Software other than as specified in the Documentation, in the Licensing Information or other causes beyond the control of The Supplier.
8. CUSTOMER OBLIGATIONS
– Customer agrees to provide Supplier with all information and materials reasonably requested by Supplier for use in replicating, diagnosing and correcting an error or other support issue with the Solution reported by Customer.
– Customer acknowledges that Supplier’s ability to provide satisfactory Support Services is dependent on Supplier having the information necessary to replicate the reported problem with the Service. In submitting a service ticket to Supplier, Customer will send a complete and accurate report that includes:
– Customer name and technical contact information;
– a reasonably detailed description of the request, together with any supporting information that Customer believes will assist Supplier in its diagnostic process; – any error message(s) or other message(s) generated by the system in association with the request; – any applicable trace files and/or logs; – a test case or instructions necessary to demonstrate the request; – the date and time that the Service Ticket is submitted to Supplier. – Supplier shall not have obligations under Support Services to remedy issues that will be fixed by implementation of a Cloud Release other than by implementation of said Cloud Release.
9. RESPONSE TIMES
The Supplier shall use reasonable endeavours to correct Defects notified to it by the Customer in a timely manner appropriate to the seriousness of the circumstances in accordance with the following procedure:
– the Customer shall promptly notify the Supplier of all Defects. Where such notification is made orally, the Customer shall provide written confirmation (using communication methods defined in “Standard Support Services”) of the notification within two working days; – within 2 (two) hours of such notification, the Supplier shall acknowledge receipt of the notification and shall determine, in consultation with the Customer, how seriously the Defect affects the Customer’s operations;
– if a notified Defect halts or substantially impairs the Customer’s operations which use the Supported Software (Severity level “Critical”), the Supplier shall immediately commence, during Normal Working Hours, with correcting the Defect within 4 (four) hours of receipt of such notification.The Supplier shall keep the Customer informed of progress towards correction of the Defect;
– if a notified Defect, while not halting or substantially impairing the Customer’s operations, causes those operations to become significantly slowed or causes substantial inconvenience (Severity level “High”), the Supplier shall, during Normal Working Hours, commence work on correcting the Defect within 48 (forty eight) hours of receipt of such notification; and – in the case of Defects other than those specified in clause (c) and clause (d), the Supplier shall start work on correcting the Defect as soon as the Supplier’s workload allows and shall use commercially reasonable efforts to correct the Defect.
10. TERM AND TERMINATION
Support Services (Standard Support Services and Enhanced Support Services) will be provided for the duration of the SaaS Subscription Agreement. Any termination of the Software as a Service Agreement between Supplier and the Customer will automatically terminate these Support Services.