“Error” means a failure of the Software to conform to the specifications set forth in the Product Documentation, resulting in the inability to use, or material restriction in the use of, the Software.
“Maintenance Release” means a revision of the Software released by AtScale to its end user customers generally, during the Support Services Term, to correct Errors in the Software or to maintain the operation of the Software in accordance with the Product Documentation.
“Update” means either a software modification or addition that, when made or added to the Software, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect of the Error on Customer.
“Upgrade” means a revision of the Software released by AtScale to its end user customers generally, during the Support Services Term, to add new and different functions or to increase the capacity of the Software. Upgrade does not include the release of a new product or added features for which there may be a separate charge.
- Support Services.
During the Software license term specified on the Order Form, AtScale shall provide to the Customer the support services offering purchased by Customer as indicated on the Order Form. (the “Support Services”). The support offerings are as follows:
|Support Hours of Availability
|# of Named Support Contacts
|Initial Response Time SLA
(Weekend support only includes Sev1 Production Down)
|Customer Support Portal and Support Phone
|9×5 weekday support only during customer local business hours
|Customer Support Portal and Support Phone
Customer Support Portal: http://customers.atscale.com/
Customer Support Phone: 1-650-446-3268
Updates. AtScale will make commercially reasonable efforts to provide an Update designed to solve or by-pass a reported Error. If such Error has been corrected in a Maintenance Release, Customer must install and implement the applicable Maintenance Release; otherwise, the Update may be provided in the form of a temporary fix, procedure or routine, to be used until a Maintenance Release containing the permanent Update is available. AtScale shall reasonably determine the priority level of Errors, pursuant to the following protocols and take the following actions during the Customer Support Center hours:
Severity 1 (S1): An S1 is a major Error within the software that severely impacts the Customer’s use of the Software, where the production system is totally down or not fully functioning or mission critical applications or AtScale Projects are not usable and no workaround exists or loss of data. AtScale promptly initiates the following procedures: (a) assigns support specialists to correct the Error on an expedited basis; (b) provides ongoing communication on the status of the issue; and (c) begins to provide a temporary workaround or fix. AtScale responds to S1 production down issues within an hour of issue receipt. All S1 issues must be logged on the AtScale Customer Portal.
Severity 2 (S2): An S2 is a medium to high impact Error within the software where the customer’s production system is functioning but in a degraded or restricted capacity, such as a problem that is causing significant impact to portions of the Customer’s business operations and productivity or major functionality is inoperable. AtScale (a) assigns an AtScale support specialist to correct the Error on an expedited basis and (b) provides ongoing communication on the status of the issue. AtScale exercises commercially reasonable efforts to provide a workaround or include a fix for the Severity 2 Errors in a forthcoming Maintenance Release. AtScale responds to S2 issues within 4 hours of issue receipt. All S2 issues must be logged on the AtScale Customer Portal.
Severity 3 (S3): An S3 is a medium to low impact Error within the software that involves partial and/or non-critical loss of functionality, such as a problem that that impairs some operations but allows the Customer’s operations to continue to function. AtScale responds to S3 production issues within one (1) business day of issue receipt. AtScale will triage the request and may include a resolution via workaround. AtScale responds to S3 issues next business day. All S3 issues must be logged on the AtScale Customer Portal.
Severity 4 (S4): An S4 is a low priority request for information where there is no impact to business operations. This could include a ‘how to’ product question, a need to clarify procedures or information in documentation, a request for a product enhancement or an administrative request relating to the AtScale Customer Portal. AtScale responds to Severity 4 requests within one (1) business day of issue receipt.
Initial Response Definition. AtScale will provide an initial response to Customer reports of a problem based on the severity and the definitions above, as summarized in the table above. An initial response is the first reply to the reported issue and may not constitute a resolution at that time.
Maintenance Releases and Upgrades. During the Support Services Term, AtScale shall make the Maintenance Releases available to Customer if, as and when AtScale makes any such Maintenance Release generally available to its customers. If a question arises as to whether a product offering is an Upgrade or a new product or feature, AtScale’s opinion shall prevail, provided that AtScale treats the product offering consistently for its end user customers generally.
Conditions for Providing Support. AtScale’s obligation to provide Support Services is conditioned upon the following: (a) Customer makes reasonable efforts to solve the problem after consulting with AtScale; (b) Customer provides AtScale with sufficient information and resources to correct the problem either at AtScale’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 Maintenance Releases; and (d) Customer procures, installs and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Software.
Technical Support Contacts. The AtScale Customer Support Center will provide telephone support to the number of contacts permitted for the applicable Support Services offering purchased by Customer (“Technical Support Contacts”). Technical Support Contacts will be the only interface to the Customer Support Portal and Phone. Additional Technical Support Contacts may be permitted for an additional fee.
Exclusions from AtScale’s Support Services. AtScale is not obligated to provide Support Services in the following situations: (a) the Software has been changed, modified or damaged (except if under the direct supervision of AtScale); (b) the problem is caused by Customer’s negligence, hardware malfunction or other causes beyond the reasonable control of AtScale; (c) the problem is with third party software not licensed through AtScale; (d) Customer has not installed and implemented all available Maintenance Release(s) so that the Software is a version supported by AtScale; or (e) Customer has not paid the Support Services fees when due.
Termination of Support Services. AtScale offers twenty-four (24) months of support from the general availability of a new Major Release. Minor Releases will be supported a minimum of twelve (12) months from the general availability of the Minor Release. AtScale reserves the right to suspend performance of the Support Services if Customer fails to pay any amount that is payable to AtScale under Order Form within thirty (30) days after such amount becomes due.