Liaison Contivo Maintenance Services
1. Definitions. Error means a failure of the applicable Liaison Product to conform to the applicable Documentation, resulting in the following Severity levels:
- Severity 1 Error means an Error in which: (i) Customer’s production system is severely impacted or completely shut down; (ii) Customer’s system operations or mission-critical applications are down; or (iii) with respect to any development activities of Customer, an application is in final testing, facing a critical time frame of going into production use; or (iv) with respect to development activities of Customer, entire development efforts are blocked.
- Severity 2 Error means an Error in which: (i) Customer’s production system is functioning with limited capabilities; (ii) Customer’s production system is unstable with periodic interruptions; (iii) Customer’s mission critical applications, while not being affected, have experienced system interruptions; (iv) with respect to any development activities of Customer, there is a time sensitive question impacting performance of deliverables; or (v) with respect to development activities of Customer, a major system under development is blocked.
- Severity 3 Error means an Error in which: (i) there are errors in Customer’s fully operational production systems; (ii) there is a need to clarify procedures or information in Documentation; or (iii) with respect to development activities of Customer, there are errors in system development that may impact performance deliverables. Update means either a software modification or addition that, when made or added to the Liaison Product, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Liaison Product, eliminates the practical adverse effect of the Error on a customer. Update does not include the release of a new Liaison Product or any major release of any Liaison Product for which there will be a separate charge.
2. Liaison Help Desk. Liaison will provide Customer access to the Liaison Help Desk for the reporting and resolution of technical support issues by email or telephone. Depending on the availability level selected on the applicable Order Form, the Liaison Help Desk will be available to customer through Liaison’s toll free (in the U.S. and Canada) phone number for up to 7×24 availability for Severity 1 issues. Standard availability is 5×12. 5×12 availability is defined as 8:00 a.m. through 8:00 p.m., US Eastern Time, Monday through Friday, except for Liaison holidays. Requests to the Liaison Help Desk by Customer must be placed by one of the designated Technical Support Contacts of Customer identified on the applicable Order Form. The Liaison Help Desk can be contacted as follows:
- By Email: email@example.com
- By Phone: 866-394-3571
3. Response Times. When Liaison receives a report of an Error through the Liaison Help Desk, Liaison will use commercially reasonable efforts to respond in accordance with the following schedule:
- a. Severity 1 Errors – Within one (1) hour of a report of such Error, Liaison will commence verification of the Error. Upon verification, Liaison will work to provide an Error correction continuously around-the clock. Liaison will provide a workaround for the Error within twenty-four (24) hours of the initial report and an Update within forty-eight (48) hours of the initial report. Liaison will provide ongoing communication on the status (no less frequently than once every four hours) of such efforts.
- b. Severity 2 Errors – Within four (4) hours of a report of such Error, Liaison will commence verification of the Error. Upon verification, Liaison will provide a workaround for the Error within forty-eight hours of the initial report and an Update within four (4) days of the initial report. Liaison will provide ongoing communication on the status (no less frequently than once every four hours) of such efforts.
- c. Severity 3 Errors – Liaison will use commercially reasonable efforts to provide an Update within five (5) days of the initial report.
4. Conditions for Providing Maintenance. Liaison’s obligation to provide Maintenance is conditioned upon the following: (a) Customer makes reasonable efforts to solve the problem after consulting with Liaison; (b) Customer provides Liaison with sufficient information and resources to correct the problem either at Liaison’s Customer Support Center or via dial-up access at Customer’s site, as well as access to the personnel, hardware, and any additional software involved in discovering the problem; (c) Customer promptly installs all Updates; and (d) Customer procures, installs and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Liaison Products.
5. Technical Support Contacts. Customer will identify two Technical Support Contacts on the applicable Order Form. Liaison will provide Customer telephone support only through such Technical Support Contacts. Such Technical Support Contacts must have adequate technological ability and background to assist Liaison in the resolution of problems experienced by Customer. In an emergency, Liaison may, at its option, begin working on a problem communicated from an unauthorized contact on an exception basis subject to later verification and involvement of a Technical Support Contact. Customer may, at its option, change the identity of either or both Technical Support Contacts upon ten (10) days prior written notice to Liaison.
6. Exclusions from Maintenance. Liaison is not obligated to provide Maintenance in the following situations: (a) the Product has been changed, modified, or damaged (except if under the direct supervision of Liaison); (b) the problem is caused by Customer’s negligence, hardware malfunction or other causes beyond the reasonable control of Liaison; (c) the problem is traced to third party software not licensed through Liaison; (d) Customer has not installed and implemented Updates so that the Product is a version supported by Liaison; or (e) Customer has not paid fees when due.