Shall the Licensee need any consultation regarding the service maintenance or correction of the Software, the technical support specialists of the Licensor provide technical support services for the Software in accordance with this Schedule 3.
The following terms shall have the meanings given to them in this Schedule 3, unless the context or nature clearly requires otherwise:
Problem – the root cause of one or more Incidents that poses a threat of occurrence of these Incidents and disruption of business processes due to the Software's non-compliance with the declared functional requirements.
Incident – any unplanned event that has led or may lead to the interruption or reduced quality of the Software's performance. The time for counting the Incident begins from the moment of its registration in monitoring systems or from the moment one party contacts the other.
Request – a request for technical support.
Content (Template) – an electronic document located in the Software.
Response Time – the maximum period from the moment of the Licensee representatives' description of the Incident during which Licensor's technical support specialists will confirm its receipt and start solving the problem specified in the Incident.
Temporary Solution – an action necessary to eliminate the manifestation of the Problem for the end-user, limiting its impact, but not guaranteeing the discovery of its cause. Temporary Solutions may have some functional restrictions that do not affect the Software's performance. A Temporary Solution is offered by the Licensor as an alternative mode of operation for the Software and is agreed upon by the Licensee, after which the Temporary Solution operates until the Problem is solved, but within the timeframes specified in section 3.2.
Problem Resolution – the final solution that eliminates the cause of the Incident (Problem elimination). It allows the Software to operate with no limitations, eliminating the chance of the Problem's recurrence.
Remote Access – remote connection of the Licensor's diagnostic tools to the Licensee's equipment for technical support purposes.
1.1. The following are classified as Incidents:
1.2. Each Incident, once reported, shall be categorized according to the criteria and priorities set out below.
1.3. A critical priority (Critical) Incident is a problem characterized by at least one of the following conditions:
1.4. A high priority (High) Incident is a problem that causes a risk of suspending the operation of the Software core business processes or disruption of the Software business processes, affecting between five to forty-nine percent (5 - 49%) of Users.
The Incidents characterized by at least one of the following conditions and not resulting in an emergency situation:
1.5. A medium priority (Medium) Incident is a problem that does not significantly disrupt individual non-critical the Software business processes, there are workarounds to the problem. Less than five percent (5%) of Users are affected.
The Incidents characterized by at least one of the following conditions and not resulting in a High Priority Incident:
1.6. A low priority (Low) Incident is a problem that does not affect the Software operation and has no impact on the platform users. An example of a Low Incident would be a request to add a new directory for document storage, a maintenance request under the Agreement (“Request”), with a question on the use of the Software functionality (provided there are no technical issues in the system, etc.).
1.7. Requests include:
2.1. Technical support services are provided by Licensor technical support specialists or with their assistance, which include:
3.1. The purpose of the maintenance consulting is to maintain the performance of each the Software component or, in the event of failures, to repair them. Maintenance consultation is provided in the following ways:
3.2. Maintenance service parameters:
3.3. The Parties hereby confirm that in the event of registration of the Request, the service shall be provided in all possible manners, including but not limited to:
3.4. The manner shall be chosen by the Licensor's representatives in consultation with the Licensee's representatives. The time period to provide a Temporary Solution and a permanent solution does not depend on the selected manner.
3.5. As part of technical support, and if organizationally and technically possible, the Licensee's representatives can request Remote Access rights. Upon termination of the Remote Access session, the Licensee's representatives shall notify the Licensor's representatives in order to maintain informational security of the Software.
3.6. As part of technical support, the Licensor's representatives provide services to verify the Software functionality and prevent problems. The services are provided remotely from the Licensor's service center using a remote access session, or in person. This service is provided periodically, at least once a month. The problems detected in the course of the examination are recorded according to their priorities and eliminated within the time limits specified in Clause 13.2. Based on the results of the examination, suggestions for improvement of the Software are given to the Licensee.
3.7. Interaction of the Parties:
3.8. Upon making a Request, the Licensee shall set the level of importance of the Request in accordance with the agreed definitions, the Priority of the Incident shall be determined by the Licensee directly, in accordance with the degree of importance of the problem encountered.
3.9. The Licensor is entitled to request additional information, or directly search for the cause of the error/problem in order to respond to the Request. If the necessary information is not provided in a timely manner or Remote Access is not possible for reasons beyond the Licensor's control, the time limits in Clause 13.2 may be extended to take account of the additional time required to respond through non-standard means.
3.10. If the Licensee provides additional information beyond the working hours of the technical support specialists of the Licensor, the term of the Problem Solution or response to the Request will continue from the beginning of the next Business Day in accordance with subclauses (a) and (b) of Clause 3.1 of this Schedule.
3.11. A Request shall be deemed to be completed in the following situations:
4.1. The Licensor shall provide the Licensee with adjusted and/or new versions of the Software (the “Software Updates”) as part of the technical support.
4.2. The Licensor shall Software Updates can be distributed on disks or in electronic form (on-line). The method of providing Software Updates is determined by the Licensor separately in each specific case.
4.3. The Licensor shall notify the Licensee within five (5) Business Days of the availability of the Software Update. The Licensor, in collaboration with the Licensee, prepares a schedule of works for the installation of the Software Updates and provides consultancy services for the installation of the Software Updates.
5.1. Parties are not responsible for performance of communication channels and equipment that are out of their area of responsibility/control.
5.2. For default or improper performance of the present terms and conditions the Parties shall be liable to each other in accordance with the applicable law and the Agreement.
5.3. Licensor shall not be liable for quality of the provided services that are under control of the Licensee and third parties.
5.4. The Licensor shall not be liable for the operability of the equipment, units which operate with the Software and which are in full possession of the Licensee.
5.5 The Licensor shall not be liable for failure to meet deadlines for the rectification of an Incident, completion of a Request if it can be proven that the failure to meet deadlines is caused by errors of any third parties, including the Licensee.