Support Offering

Updated: March 7, 2018

1  DEFINITIONS

1.1   “Available for Use” means that Users can log in to the Service.

1.2   “Business Days” means Monday through Friday except December 25 and January 1, if not otherwise stated in the Order Form.

1.3   “Business Hours” means hours between 8.00 AM - 5.00 PM Your Local Time on Business Days if not otherwise stated in Order Form.

1.4   “Incident” means a problem with the Service.

1.5    “Incident Report” means a written report compiled by You and sent to Us as described in section 4 below, to report Incidents.

1.6   “Planned Downtime” means the aggregate number of minutes in any month during which the Service is not Available for Use due to Platform Maintenance. The Planned Downtime will not exceed 8 hours per month without Your written consent.

1.7   “Platform Maintenance” means customarily maintenance, upgrades and updates of the Service providing enhanced functionality, corrections and/or amendments or adjustments of the Service.

1.8    “User Guidance” means consultation and advice to Your designated personnel as described below in section 4.

1.9   “Service Desk” means Our support web, telephone and mail service, FAQ and user groups we make available to You.

1.10    “Your Local Time” means the time zone of the address where you primarily use the Service, as specified in the Order Form.

2  SERVICE LEVEL AGREEMENT

This service level agreement describes Our commitments to You for availability of the Service.

2.1   Committed Service Availability. If Service Availability does not meet 99.5% for a given month, You are eligible for a Service Credit in accordance with Service Credit Table below ("Committed Service Availability").

2.2   “Service Availability” is determined for Your Service for each calendar month and calculated as follows: Service Availability = [(minutes in month that the Service is Available for Use + Planned Downtime) / (total number of minutes for the specific month)].

2.3   Service Availability Report. Within five (5) Business Days of the end of each calendar month, We will on Your request provide You a report detailing Service Availability for the immediately ended calendar month (“Service Availability Report”). If such report reflects Service Availability of less than 99.5%, You can request a credit (“Service Credit”). To request Service Credit, You shall follow the Credit Request Procedure below within seven (7) Business Days  the Service Availability Report. The request will be reviewed by Us and any Service Credits shall be issued as provided in the Credit Request Procedure. 

2.4   Service Credit Table

Service Availability

Service Credit (% of Monthly Fee)

Less than 99.5% to 99.0%

5%

Less than 99.0% to 98.0%

10%

Less than 98.0% to 95.0%

25%

Less than 95.0% to 90.0%

50%

Less than 90.0% to 80.0%

75%

Less than 80.0%

100%

Where “Monthly Fee” is the fee payable for the Service for the month measured.

2.5   Service Credit Exclusions. In addition to Planned Downtime, Service Credits will not apply for periods during which the Service is not Available for Use for the following reasons: (i) Your use of the Service in violation of the Master Subscription Agreement; (ii) Problems arising from Your software, hardware, internet connection or other technology or equipment; and (iii) Circumstances beyond Our reasonable control as described in Section 2.1 of the Master Subscription Agreement.

2.6   Credit Request Procedure

a)     You will submit an Incident Report claiming Our non-compliance with Committed Service Availability.

b)     We will review your Incident Report and compare with Service Availability Report.

c)      Our determination of Service Credits is final.

d)     You agree to pay all invoices in full while Service Credits are being determined.

e)     We will communicate the Service Credits to You through Our accounting department and the ticket will be updated.

2.7   Use of Service Credits. Any Service Credit may be used only by You and solely for Your future payments for the Service for which the Service Credit was issued. The Service Credits shall be Your sole and exclusive remedy for any lack of Service Availability.

3  PLATFORM MAINTENANCE

3.1   Platform Maintenance. Teleopti works with continuous delivery to provide corrections, improvements and new functionality to the Service. We reserve the right to perform customarily maintenance, upgrades and updates of the Service during which time Your access to the Service may temporarily be limited. To minimize disruption to Your Service, We schedule Platform Maintenance between 11:00 PM and 6:00 AM, Your Local Time. We will send a notification to Your stakeholders five days before Platform Maintenance.

3.2   Notification about Platform Maintenance. Notification will include information about the update type, the estimated amount of time that the update will take, and any action that You may have to take. The following stakeholders will be notified about upcoming Platform Maintenance:

a)     Your main contact for Platform Maintenance as provided in the Order Form

b)     Any other persons you have registered to get notifications about upcoming maintenance. Registration is done through Service Desk

4  INCIDENT MANAGEMENT

Incident management describes the process for reporting problems and contacting Service Desk.

4.1   Incident Report. All Incidents requires a complete Incident Report submitted to servicedesk@teleopti.com or via other channel as may be communicated by Us from time to time, and the possibility to reconstruct the Incident. In case of a Class A Incident, notification may be made through telephone.

4.1.1    Incident Report Content. You will provide the following information, as appropriate:

  • Your Contact Person
  • Your Incident Report identification number, if such number has been assigned.
  • A description of the Incident and its impact on Your operations
  • Your suggested classification of the Incident, as specified below in 4.2.
  • A description of the command(s) and procedures that cause the Incident to appear.
  • Screen shots / Examples of input / The resulting output / The expected output.
  • Any special circumstances surrounding the discovery of the Incident.

4.1.2    Our activities. For each Incident Report, We undertake to:

  • Confirm receipt of the Incident Report e-mail within the Maximum Response Time specified below. The confirmation shall include an identification number, which will be used in further communications about the specific Incident;
  • analyze the Incident Report and verify the existence of the Incident and confirm status/priority/class;
  • when a correction method has been identified, advise You of any noted impact on Service;
  • solutions of Incidents will be communicated by Us in writing and thereafter the Incident will be closed.

4.2   Incident Classification and Notification Procedure. The following classification of Incidents shall be used for Incident Reports;

4.2.1    Class A (critical Incidents). Use of the Service or individual self-contained parts of the Service is impossible and, as a result of this, the commercial use of the Service is made impossible. A Class A Incident shall also be deemed to exist if the effects of Class B Incidents and/or Class C Incidents together would be classified as a Class A Incident.

4.2.2    Class B (manageable Incidents). A substantial effect on the commercial use of the Service, but without thereby making it impossible to use the Service within the meaning of the definition for Class A Incident. A Class B Incident shall also be deemed to exist if the effects of two or more Class C Incidents together would be classified as a Class B Incident.

4.2.3    Class C (minor Incidents). Problems without significant effects on the functionality or operation of the Service. Commercial use of the Service is possible without relatively major additional cost.

4.2.4    Class D (insignificant Incidents). An Incident which has no business impact.

4.3   Re-classification. We may change classification made by You if an unmotivated high classification is requested. We will always notify you if we change the classification.

4.4   Response Times & Escalation Process. Our “Maximum Response Time” is depending on the classification of the Incident (see below).

4.4.1    General Calculation of time. All Response Times and other times in the Escalation Process below shall be calculated solely under Business Hours/Days. Any time during which We are awaiting response or information from You will be considered “On Hold Time” which will be deducted when calculating any Response Time or other times in the Escalation Process. 

4.4.2    Calculation of Response Time. Response Time is calculated from Your submission of a complete Incident Report until We have acknowledged it by assigning a case number to the Incident.

4.4.3    Response Time and Escalation Process. Your Incident Report will be escalated to Our management as per the Escalation Process described below and upon Your request We will continuously keep You updated on the progress of solving the Incident, with at least the frequency stated under Progress Report below.

Priority

Maximum Response Time

 

Escalation Process

 

 

Class A

 

 

 

1 Business Hour

 

 

Still open after*

Escalate to

Progress Report*

2 Business Hour

Service Desk Manager

 

Every 2 Business Hours

 

8 Business Hours

Director of Service Desk

16 Business Hours

Executive Management

 

Class B

 

 

1 Business Hour

 

4 Business Days

Service Desk Manager

 

Every 1 Business Day

 

8 Business Days

Director of Service Desk

15 Business Days

Executive Management

 

Class C

 

 

2 Business Hours

 

45 Business Days

Service Desk Manager

 

Every 10 Business Days

 

90 Business Days

Director of Service Desk

 

 

 

Class D

 

 

2 Business Hours

 

 

 

 

 

 

 

 

 

 

* Starting at the time when We have provided you with a case number (the Response Time)

We shall use reasonable commercial efforts to meet the Maximum Response Time for each Incident Report.

4.5   User Guidance. In addition to Incident Reports, we will provide general guidance on how to use the Service to You. The User Guidance is provided through access to the Teleopti Support Desk through web, e-mail and telephone. User Guidance is provided solely to Your properly trained and designated personnel, during Business Days and Business Hours.

4.6   General Conditions

4.6.1    Certified Personnel. Request for User Guidance and Incident Reports shall only be submitted by Your employees who have participated in and been approved and certified at Our required support training program, for the Service to be supported, in effect from time to time. You shall provide Us with the names of the designated employees (in writing) and shall update such information on an ongoing basis.

4.6.2    Technical Contacts. You shall further provide Us with contacts to Your technical functions which employees shall, during Business Hours, be available for Us to contact when performing the Support.

4.6.3    Diagnostics Tools. You shall cooperate with Us and provide access to all documentation, diagnostics programs, operating systems, utilities, application programs and, as deemed necessary by Us, to access the Service on Your site. You shall also use best efforts to provide a reconstruction of the Incident.

4.6.4    Service Account. For Us to be able to automatically monitor Service Availability You will provide Us with a service account for the Service as per Our instructions. The service account will only need to have login permissions, no other permissions to the functions in the Service is needed. Should you not comply to this requirement, we will not be able to measure Service Availability and for purposes of this agreement the Service Availability will be deemed to be 100%.

4.6.5    On-site support. Any request for on-site support is subject to Our acceptance and on-site support is not included in Support. All on-site support is provided subject to Your payment of Our prices stipulated in the Our current price list. We shall not be liable for any delay, or impossibility to perform, which is due to network failure or any other disturbance in the access to the Service.

4.6.6    Training and education. User Guidance provided through access to the Service Desk, does not include training or other educational Service.

4.6.7    Support outside scope. Support covers only the Service in its standard configuration and does not include third party products, network, client or hardware related problems if not explicitly stated in the Order Form. In case the reported Incident does not relate to the Service any action taken by Us relating to such problems will be charged separately for Professional Service at Our then current price list.

4.6.8    Corrections outside scope. The Support does not include corrections of the Service caused by; (i) use of the Service contrary to the instructions for use given in user documentation and/or other documentation provided by Us with the Service; or (ii) defects in hardware, network and/or third-party software and/or Your systems integrated to or upon which the Service is dependent.

4.6.9    Outdated operating environment. Should, in Our opinion, the problem at issue relate to Your use of old versions of operating system, browsers or integrated or interactive applications, We may recommend a new version as correction. Should You not accept Our recommendation in this respect, We shall have the right to suspend our obligations under this Support Offering without liability to You, or at the request of You, use best efforts to perform Our obligations.