Support Services Policy
- IWT shall (a) use commercially reasonable efforts to provide Client with maintenance and support services (“Support Services”) via telephone, facsimile, electronic mail, or other electronic means, at IWT’s discretion, from the hours of 8:00 a.m. to 5:00 p.m. Central Time Monday through Friday (excluding IWT Holidays, which typically consist of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday immediately following Thanksgiving, Christmas Eve, and Christmas Day), and 24×7 access for reporting Level 1 (as defined below) situations, to a designated, authorized, qualified, and trained user of the IWT Products (“Client Contact”) and to one (1) designated, authorized, qualified, and trained user of the IWT Products designated as Client Contact’s backup (“Backup Client Contact”) (collectively referred to as “Client Support Contact”); and (b) use commercially reasonable efforts to correct reproducible errors or malfunctions to enable the IWT Products to substantially perform in accordance with and as specified in the accompanying documentation.
- IWT shall use commercially reasonable efforts to deliver a solution or action plan to correct reported errors that IWT categorizes as: (i) “Level 1 Catastrophic” within eight (8) business hours of receipt of the reported error. “Level 1 Catastrophic” is defined as a condition in which the IWT Products are partially or totally inoperative, including but not limited to, total system failure, data loss, data corruption, or a processing of functions and processes so slow as to render the application unusable, or any Level 2 error where a reasonable alternative work process cannot be established; (ii) “Level 2 High Impact” within the next scheduled production release of the IWT Products or within one hundred-twenty (120) days from the date error was logged with IWT, whichever shall first occur. “Level 2 High Impact” is defined as any error that results in the usability of the product being restricted and for which a reasonable alternative work process can be established; (iii) “Level 3 Non-Critical,” which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Products. “Level 3 Non-Critical” is defined as any error wherein one or more functions do not operate optimally, but where impact on functionality and/or usability is agreed by Client and IWT to be minor and result in a mutually acceptable disruption to Client’s workflow process; and (iv) “Level 4 Cosmetic,” which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Application, at IWT’s sole discretion. “Level 4 Cosmetic” is defined as any error that cannot be categorized as belonging to any higher severity level, including but not limited to a cosmetic or documentation error.
- IWT shall provide all extensions, enhancements, and other changes, which are logical improvements to an IWT Product and to which IWT makes generally available on a commercial basis, without charge, to any other licensee of the IWT Product (“Updates”). Updates do not include any new software products that are then made generally available on a commercial basis as separate, price-listed options or additions to an IWT Product nor do they include any Professional Services Fees that may be required for implementation.
- IWT shall have no obligation to provide Support Services except to designated Client Support Contacts and only with respect to the unmodified Supported Releases. When an IWT Product is deployed in conjunction with other software products, including but not limited to web servers, browsers, databases, and operating systems, IWT is not responsible for providing Support Services for these other products, or for ensuring correct interoperation with these products.
- Client shall use commercially reasonable efforts to assist IWT in reproducing the specific situation in which a IWT Product, standing alone, demonstrates a failure to substantially conform in all material respects to the functional specifications set forth in its accompanying documentation (“Defect”). Client Support Contacts shall conduct reasonable and adequate research with respect to a Defect or related issue prior to contacting IWT for assistance.
- IWT shall use commercially reasonable efforts to make all hosted IWT Products available to Client for at least ninety-nine percent (99%) of the time (determined monthly), seven (7) days a week, twenty-four (24) hours per day, not including any unavailability that; (i) lasts less than fifteen (15) minutes; (ii) results from regularly scheduled IWT maintenance; (iii) results from failure of Client’s hardware or software; (iv) results from the failure of a communication service or other outside service or equipment not within the control of IWT; or (v) is beyond the reasonable control of IWT (“Service Availability”).
- Data Backup. In recognition that IWT’s provision of the hosted IWT Products may be interrupted as a result of an act of God, events beyond the reasonable control of IWT, errors by IWT’s staff, or a defect in the IWT Products, IWT agrees to maintain a commercially reasonable backup plan for the IWT Hosted Products and Client’s data, whereby IWT can execute a recovery of the hosted IWT Products and Client’s data as a result of such interruption.