MAINTENANCE AND SUPPORT POLICY
Valid only in accordance with the usage of teamsTALK service
All terms not otherwise defined in this Exhibit shall have the same meaning ascribed to such term in the Agreement.
“Developer” means TECH-ARROW, a.s. or any of his subsidiaries providing technical support and maintenance.
“Customer” means and organization or individual who has purchased any TECH-ARROW, a.s. product or service.
“End User” means any individual who is either an employee or a contractor of Customer and is directly using the product or service from Developer.
“Error” means a Priority 1 Error, Priority 2 Error, or Priority 3 Error.
“First Line Support” is the technical support and maintenance that Developer will be providing as set forth in this Exhibit.
“Second Line Support” is the technical support and maintenance that Developer will be providing as set forth in this Exhibit.
“Priority 1 Error” means a catastrophic Error that causes: (a) an important component of the Software Product(s) to be unusable; (b) a system or product malfunction of the Software Product(s) that has frequent or major impact on End Users; or (c) frequent failure of the Software Product(s) which results in data loss or corruption.
“Priority 2 Error” means an Error that causes: (a) a failure to an important feature in the Software Product(s) resulting in significant inconvenience to End Users; (b) a system or product malfunction of the Software Product(s) that has an infrequent or minor impact on End Users; or (c) a major feature of the Software Product(s) to perform materially differently from the description of that feature in the technical documentation.
“Priority 3 Error” means an Error that: (a) has minimal current impact on End Users; and (b) causes a malfunction of a non-essential feature of the Software Product(s).
“Priority 4 Issue” means an issue that: (a) has minimal impact on End Users; and (b) causes an inconvenience to operations staff. An example of a Priority 4 Issue is a request for an early Upgrade.
“Permanent Fix” means a permanent fix to the Error that allows the Software Product(s) to function in accordance with the Documentation.
“Workaround” means a temporary solution to an Error that allows the Software Product(s) to function in accordance with the Documentation.
2. FIRST AND SECOND LINE SUPPORT.
a. First line support. Developer will provide First Line.
b. Second line support. Developer will provide Second Line Support services as set forth in this Exhibit consisting of the following: (a) assistance related to questions on the installation and operational use of the Software Product(s), and questions related to the integration of the Software Product(s) with the Customer Products; (b) assistance in identifying and verifying the causes of suspected errors in the Software Product(s); and (c) providing workarounds for identified Software Product(s) errors or malfunctions as described below, provided that Customer will ensure that only employees properly trained in the operation and usage of the Software Product(s) will utilize the Support. Upon request, Customer will allow the use of on line diagnostics of the Software Product(s) during error diagnosis.
3. RESPONSE TIMES; WORKAROUNDS; PERMANENT CORRECTIONS.
a. Upon identification of any Error,Customer shall notify Developer of such Error, set initial priority of the Error and shall make reasonable efforts to provide Developer with enough information to reproduce the Error.
b. Upon receiving notice of an Error,Developer shall acknowledge to Customer receipt of such notice by identifying the Error with a unique tracking number. Developer will respond to Customer’s request for support and will use reasonable commercial efforts to provide Workarounds and Permanent Fixes within the time periods specified below. The hours of coverage are set forth below. Customer shall determine whether an Error is a Priority 1, 2 or 3 Error or a Priority 4 Issue.
Hours 12×5 (Priority 1 Errors)
9×5 (all other Errors and Issues)
Priority 1 Error 2 hours (during normal business hours)
Priority 2 Error 4 hours (during normal business hours)
Priority 3 Error 1 business day
Priority 4 Issue 1 business day
Priority 1 Error 8 Hours
Priority 2 Error 48 Hours
Priority 3 Error 5 business days
Priority 4 Issue As available
Priority 1 Error 4 Weeks
Priority 2 Error 8 Weeks
Priority 3 Error 14 Weeks
Priority 4 Issue Next agreed/planned release
*business hours: (9:00 A.M. – 5:00 P.M., Monday through Friday, Central European Time.)
4. LIMITATIONS ON SUPPORT.
Developer shall not be responsible for Errors that are not reproducible or caused by: (i) failure to implement the Updates and Upgrades issued under this Agreement that would have avoided the Error; (ii) changes to the operating system or environment which adversely affect the Software Product(s); (iii) any alterations of or additions to the Software Product(s) made by parties other than Developer ; (iv) use of the Software Product(s) in a manner for which it was not designed; (v) accident, negligence, or misuse of the Software Product(s); or (vi) use of the Software Product(s) other than in accordance with the Documentation or this Agreement. Developer shall provide ongoing support for the Software Product(s) for all current production versions of the Software Product(s) (the “Current Version”) and the version immediately prior to the Current Version (the “Prior Release”) (e.g., a version is characterized by an „n.n“ format), provided however, that Developer ’s obligation to support the Prior Release shall terminate twelve (12) months after the first commercial release of the Current Version. For example, if 5.0 is the Current Version, then versions 5.n and 4.n are supported. Support for version 4.n will be stepped down twelve (12) months following the release of 5.0. Customer will not accept more than one major release of the Software Product(s) per year. In the event Developer is unable to reproduce an Error, Developer agrees to work with Customer to attempt to identify and fix such Error (however, Developer will not be liable for any Error that, after such attempts, neither Developer nor Customer can identify).
5. MAINTENANCE OF THE SERVICE, UPDATES AND UPGRADES.
Developer will use commercially reasonable efforts to provide to Customer all Updates and Upgrades to the Software Product(s) developed by Developer during the Term of this Agreement within thirty (30) days from the date that Developer first makes such Updates and Upgrades generally available to its Customers.
The updates and latest versions are delivered automatically to all Customers. The latest version of the application is loaded during the start or restart of the application. There is no action required from the Customer to update the application
Support and other services as described in this Exhibit will be provided by Developer for the Term of the Agreement only.
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