AS PART OF THE SERVICES PROVIDED BY US PURSUANT TO THE AGREEMENT, WE WILL PROVIDE YOU WITH THE CUSTOMER SUPPORT SERVICES DESCRIBED IN THIS SUPPORT POLICY.
ALL APPLICABLE PROVISIONS OF, AND DEFINITIONS IN, THE AGREEMENT YOU HAVE ACCEPTED, INCLUDING (WITHOUT LIMITATION) WARRANTY LIMITATIONS AND DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMS FOR SUSPENSION OR TERMINATION OF SERVICE, AND PROCEDURES FOR AMENDMENT, ARE HEREBY INCORPORATED BY REFERENCE IN THIS SUPPORT POLICY.
THIS SUPPORT POLICY WAS LAST UPDATED ON 1 OCTOBER 2018.
1 Definitions
1.1 Definitions
Capitalized words and terms used in this Support Policy shall have the meanings given to those words and terms in this Support Policy. Capitalized terms used but not defined in this Support Policy shall have the meanings given to those words or terms in the Agreement.
Agreement means the agreement between Us and You for the provision of the Applications to You accepted by You on the Effective Date.
Applications means the applications available through Our Services that You are authorized to use as part of Your Subscription Order and chosen Subscription Plan.
Customer Support Services means Our support to You for Your use of the Applications.
Documentation means Our guides and manuals concerning the Applications which We make generally available.
Forums means discussion boards moderated by Us available through Our Website.
Issue means a single question, need for information, or unexpected behavior related to a specific topic or activity common to the intended use of the Applications (as described in the Documentation), for which You request Customer Support Services.
Holidays means the corporate holidays recognized by Our corporate headquarters.
Hours of Operation shall be determined in accordance with the Support Option purchased by You, as indicated in the Subscription Order. The Hours of Operation by Support Option are:
(a) Standard Support
– Severity S1-S4 — 9am to 5pm Monday through Friday, Australian Eastern Standard Time, excluding Holidays
Support Contact means Your contact person who will interface with Our technical support personnel regarding the Applications and who is responsible for the overall internal support of Your use of the Applications. One Support Contact shall be designated the Principal Support Contact. The maximum number of Support Contacts by Support Option are:
(a) Standard Support — One (1)
2 You may substitute a Support Contact from time to time by providing Us with written notice advising Us of the change.
3 Support Option means the Support Option purchased by You, as indicated in the Subscription Order.
4 Support Policy means this document and includes the terms of the Agreement.
2 General scope of Customer Support Services
2.1 Service Request and Response Procedures
(a) If You encounter an Issue with the Applications, Your Support Contact must submit a service request via the Website or Our designated toll-free telephone number or designated email address. We will respond to service requests during the Hours of Operation. You must work closely with Us to provide reproducible results for any such Issues reported. Hours of Operation and response times may vary occasionally due to system and server maintenance and events beyond Our control.
(b) Our ability to assist with Issues will depend, in some cases, on the ability of Your Support Contact to provide Us with accurate and detailed information, and to conduct diagnostics and testing.
(c) We will use commercially reasonable efforts to provide an initial response to Your support request, and follow-up response to Your Issues, in accordance with the response times specified in Your Support Option.
(d) We have the right to use any resolution delivery method (‘Resolution’) available to resolve an Issue.
(e) Resolution of any Issue which We provide in the form of a release of Our Applications will address an Issue only with respect to the most current release of the Applications and, in Our sole discretion, the most recent previous sequential release.
2.2 Severity Classifications
(a) Upon receipt of a properly submitted service request, We will assign a case number for each service request, and prioritize and assign each Issue with a severity level (‘Severity Level’) as specified below:
(i) ‘Severity 1 (S1)’ — A severity one (1) Issue is a catastrophic production problem within the Applications which severely impacts Your systems, or in which Your systems are down or not functioning or You have lost Your Data.
(ii) ‘Severity 2 (S2)’ — A severity two (2) Issue is a problem within the Applications where Your system is functioning but in a severely reduced capacity. The situation is causing significant impact to portions of Your business operations and productivity. The system is exposed to potential loss or interruption of service. Issues existing in a non-production environment that would otherwise qualify as a severity one (1) Issue qualify as a severity two (2) Issue.
(iii) ‘Severity 3 (S3)’ — A severity three (3) Issue is a medium-to-low impact problem which involves partial non-critical functionality loss which impairs some operations but allows Your operation to continue to function. This may be a minor Issue with limited loss or no loss of functionality or impact to Your operation and Issues in which there is an easy circumvention or avoidance by the end user.
(iv) ‘Severity 4 (S4)’ — A severity four (4) Issue is for a general usage question or Issue that may be cosmetic in nature or documentation related whereby Our Applications will work without any functional limitation.
(v) Enhancement Request (ER)’ — An enhancement request is a recommendation for future product enhancement or modification to add official support and documentation for unsupported, undocumented features that do not exist in the Applications. We will take ERs into consideration in the product management process, but We have no obligation to deliver enhancements based on any ER.
(b) In the event that You reasonably believe that You have an S1 Issue, Your Principal Support Contact must notify Us within an appropriate timeframe so as to not delay Our ability to work to provide a Resolution. The Principal Support Contact must use all reasonable efforts to provide Us with all necessary personnel and information to accurately troubleshoot the Issue.
2.3 Issue Escalation
(a) YOUR PRINCIPAL SUPPORT CONTACT IS THE ONLY SUPPORT CONTACT THAT CAN ESCALATE AN ISSUE TO PRIORITY STATUS UNLESS THE ISSUE REPRESENTS A SEVERITY 1 (S1) ISSUE.
(b) SEVERITY 1 ISSUES MUST BE SUBMITTED, IN ENGLISH, USING THE 24×7 PHONE NUMBER PROVIDED.
(c) We will use continuous efforts during the Hours of Operation to provide a Resolution for any Severity 1 Issue.
(d) We will escalate any unresolved Issues to the appropriate level to achieve Resolution of Your Issue in accordance with Your chosen Support Option.
(e) Escalation times are contingent upon Your technical staff availability and will only accrue during efforts made by Us within the Hours of Operation.
3 Platform Support Requirements
(a) With each new release of the Applications, We will make available to You a list of minimum platform and output channel requirements for that specific release (‘Platform Support Requirements’).
(b) The Platform Support Requirements are listed on Our Website.
(c) The scope of Your Customer Support Services shall be limited to, and We shall have no obligation to support any applications other than unmodified Applications utilized in a technical environment meeting the Platform Support Requirements.
(d) Issues encountered when running the Applications in a technical environment not meeting the Platform Support Requirements or modified by You or through a professional services engagement, must be reproduced on Our unmodified Applications in an environment which meets the Platform Support Requirements.
4 Resources
(a) You may access through Our Website all relevant forums, solutions or knowledgebase articles, documentation, release information, and software downloads which We make generally available to Our users.
(b) We will use commercially reasonable efforts to provide forum-level support.
(c) The forums do not provide Issue tracking or guaranteed response.
(d) All Issues must be submitted by telephone, email, or submission via the Website.
5 Limitations
(a) THE FOLLOWING ARE NOT INCLUDED IN THE SCOPE OF YOUR CUSTOMER SUPPORT SERVICES:
(i) Assistance in developing or debugging Your operating system or system tools.
(ii) Information and assistance on technical Issues related to the installation, administration, and use of enabling technologies such as databases, computer networks, and communications.
(iii) Assistance with the installation and configuration of hardware including, but not limited to computers, hard disks, networks, printers.
(iv) WE WILL NOT SUPPORT ALTERED, DAMAGED OR MODIFIED APPLICATIONS OR APPLICATIONS PROBLEMS CAUSED BY YOUR NEGLIGENCE, HARDWARE MALFUNCTION OR OTHER CAUSES BEYOND OUR CONTROL.
6 Your responsibilities
(a) AS A CONDITION OF YOUR USE OF THE FORUMS ON OUR WEBSITE, YOU AGREE THAT YOU WILL NOT USE THE FORUMS:
(i) TO VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE OR REGULATION;
(ii) TO DISSEMINATE CONTENT THAT IS HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, OR OTHERWISE OBJECTIONABLE;
(iii) TO DISSEMINATE ANY SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS THAT MAY INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF OUR SERVICES OR APPLICATIONS OR ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;
(iv) TO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OF US OR ANY THIRD PARTY; OR
(v) USE THE FORUMS FOR ANY PURPOSE OTHER THAN THEIR INTENDED USE.
(b) You agree to provide commercially reasonable cooperation and full information to Us with respect to Our furnishing of support under this Support Policy.
7 Term and termination
(a) Unless earlier terminated and, subject to Your compliance with the terms of the Agreement including payment to Us of all applicable fees under the Agreement and Subscription Order, this Support Policy shall begin as of the Effective Date, and shall continue for the Subscription Term and may renew for such additional term thereafter, as specified in the Subscription Order.
(b) You agree that Your Customer Support Services may be terminated by Us immediately without notice in the event that You breach any of Your obligations under the Agreement or this Support Policy.
(c) The warranty disclaimers and limitation of liability provisions of the Agreement and this Support Policy, as well as any accrued right We have to receive payment from You, shall survive the termination or expiration of the Agreement and this Support Policy.