GraphAware Support Services Terms
1. Definitions
In these Support Services Terms, the following expressions shall have the following meanings:
1.1 Definitions:
| Premium Support Services | as described in paragraph 2.1.2. of these Support Services Terms |
|---|---|
| Service Levels | the service level responses and response times referred to in paragraph 5 below. |
| Software | for the purposes of these Support Services Terms only (but not in the Agreement), Hume Software and any third party software collectively. |
| Standard Support Services | as described in paragraph 2.1.1 of these Support Services Terms |
| Support Request |
request made by the Client for Support Services by: I. sending an email to dedicated GraphAware’s Support Email address by Client’s nominated technical representative; or II. creating a support ticket at GraphAware’s Support Portal in accordance with instructions provided by GraphAware from time to time; or III. with parallel request notification for Severity 1 Level requests on a dedicated GraphAware’s Support Phone Number – only direct connection with a support operator is considered to be valid notification, a voicemail is not sufficient IV. by such means as agreed between the Parties from time to time. |
| Business Day | a day other than a Saturday, Sunday or public holiday in South Australia for Clients in Australia & New Zealand, and in England for all other Clients around the world. |
| Business Hours | 9 a.m to 5 p.m in a Business Day unless otherwise defined in the Order. |
1.2 All capitalised terms not defined in these Support Services Terms shall have the meaning given to them in the Hume Terms and Conditions.
2. Support Services
2.1 Subject to all of the other terms and provisions of this Agreement, GraphAware will provide Support Services during the Initial Term or Renewal Term in accordance with the Service Levels set out in these Support Services Terms and as follows:
2.1.1 For Standard Support Services during Business Hours;
2.1.2 For Premium Support Services 24/7.
2.1.3 For Platinum Support Services 24/7, with enhanced Response Time
2.2 Support Services will only be provided to stable, generally available versions of the Software, under a valid Licence, that have undergone GraphAware’s full release testing, provided that the Support Request is made by the Client within 6 months from the date of release.
2.3 All levels of Support Services include:
2.3.1 access to supported versions of the Software and documentation updates;
2.3.2 access to upgrade tools and documented processes for upgrading between supported stable versions of the Software; and
2.3.3 development of compatible updates to the Software, where commercially reasonable, for the purpose of addressing Severity 1 and Severity 2 issues (as defined in paragraph 5.) identified in the Software release. Updates may be provided in the form of an API-compatible minor or patch release, or as otherwise specified by GraphAware .
2.4 GraphAware’s obligation to provide Support Services shall not extend to:
2.4.1 rectification of lost or corrupted data;
2.4.2 any software which has been changed, altered, added to, modified or varied in an unauthorised manner;
2.4.3 attendance to faults caused by the Client’s failure to use the Software in accordance with the requirements of any documentation or reasonable instructions provided by GraphAware;
2.4.4 attendance to faults attributable to faults in Client’s system or the Software’s use or interaction with other software with which the Software is not compatible;
2.4.5 any improper use or misuse of the Software or use of a non-supported version of the Software;
2.4.6 a request that is not a fault but an improvement enquiry;
2.4.7 a request that is not a problem but an inherent functionality of the Software;
2.4.8 a workaround if available; and
2.4.9 any other cases where in GraphAware’s reasonable opinion the case at hand is not eligible for Support Services.
2.5 The provision of Support Services on a remote, off-site basis shall be included in the Support Services.
2.6 The provision of Support Services at the Client site or any other services shall be on separate terms agreed between the Parties.
2.7 GraphAware may suspend all Support Services until payment of the Fee under the Agreement has been made in full.
3. Client Obligations
3.1 The Client accepts and acknowledges that GraphAware’s performance of the Support Services and its response times depend on the Client’s full and timely cooperation, the accuracy and completeness of any information provided by the Client to GraphAware and where third party software is concerned on the cooperation and response times of the third party providers.
3.2 The Client will, in response to GraphAware’s reasonable requests to facilitate the fulfilment of its obligations in this Appendix, provide GraphAware at no charge and in a timely manner with access to:
3.2.1 any premises in which the Support Services are to be performed and authorised access (and if agreed remote access) to any Client systems or software;
3.2.2 appropriately qualified and experienced personnel familiar with the Client’s systems and operations who shall reasonably co-operate with GraphAware; and
3.2.3 any other documentation, information, remote access to Client’s data and computer facilities.
3.3 The Client will also:
3.2.1 obtain and maintain all necessary third party licences and consents in relation to the Support Services;
3.2.2 undertake normal backups of all data before the performance of any Support Services by GraphAware;
3.2.3 appoint the client representative, who shall have authority under the Agreement to contractually bind the Client on all matters relating to the Support Services; and
3.2.4 comply with any additional responsibilities as set out in the Order.
4. Submitting Support Requests and access
4.1 The Client may request Support Services by way of a Support Request.
4.2 Each Support Request shall include a description of the problem and the start time of the incident.
4.3 The Client shall provide GraphAware with:
4.3.1 prompt notice of any faults; and
4.3.2 such output and other data, documents, information, assistance and where necessary remote access to the Client system, as are reasonably necessary to assist GraphAware to reproduce operating conditions similar to those present when the Client detected the relevant fault and to respond to the relevant Support Request.
5. Service Levels
5.1 GraphAware shall:
5.1.1 prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported;
5.1.2 respond to all Support Requests in accordance with the responses and response times specified in clauses 5.1.3 to 5.1.5;
5.1.3 GraphAware will use commercially reasonable efforts to respond to Severity 1 Support Requests as follows:
5.1.3.1 within thirty (30) minutes for Platinum Support Services
5.1.3.2 within one (1) hour for Premium Support Services; and
5.1.3.3 within four (4) Business Hours for Standard Support Services.
5.1.4 GraphAware will use commercially reasonable efforts to respond to Severity 2 Support Requests as follows:
5.1.4.1 within two (2) hours for Platinum Support Services
5.1.4.2 within four (4) Business Hours for Premium Support Services
5.1.4.3 within eight (8) Business Hours for Standard Support Services
5.1.5 GraphAware will use commercially reasonable efforts to respond to Severity 3 and Severity 4 Support Requests within a reasonable time.
5.2 Subject to clause 3.1, GraphAware will use its reasonable commercial endeavours to be within the “Target Response Time” set out in paragraph 5.1 above. Target Response Time covers the time for GraphAware to indicate to the Client likely timescales for dealing with the fault and allocate and communicate to the Client the appropriate personnel.
5.3 For the purposes of the Service Levels, the following definitions shall apply:
5.3.1 Severity 1
The production use of the Software is stopped or so severely impacted that the user of the Software cannot reasonably continue work. The user of the Software is experiencing a complete loss of service. The operation is mission critical to the business and the situation is an emergency.
A Severity 1 Support Request has one or more of the following characteristics:
- Data corrupted
- A critical documented function is not available
- System hangs indefinitely, causing unacceptable or indefinite delays for resources or response
- System crashes, and crashes repeatedly after restart attempts
Severity 1 classification should not be used for any Support Request relating to embedded deployments of Software, unless the Client can clearly demonstrate that the issue originates in the Software.
5.3.2 Severity 2
The user of the Software is experiencing a severe loss of service. Important features are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. The operation is mission critical to the business.
5.3.3 Severity 3
The user of the Software is experiencing a minor loss of service. The impact is an inconvenience, which may require a workaround to restore functionality.
5.3.4 Severity 4
The client requests information or documentation clarification regarding the Software but there is no impact on the operation of the Software. The user of the Software is experiencing no loss of service. The result does not impede the operation of a system.
5.4 The severity level may be initially selected by the Client however GraphAware shall have the ultimate discretion to determine the severity level, which will be based on the severity definitions in paragraph 5.3.
5.5 The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Levels.
5.6 GraphAware shall give the Client regular updates of the nature and status of its efforts to correct any fault.
6. Amendments
GraphAware reserves the right to change, alter, replace or otherwise modify these Support Services Terms at any time.