SUPPORT SERVICE LEVEL AGREEMENT

  1. Interpretation
    1. All terms used in this Support SLA shall, unless defined otherwise in this Support SLA, have the meaning given to them in the Subscription Terms and this Support SLA shall form part of and be incorporated into the Subscription Terms.
    2. The headings in this Support SLA are included for convenience only and shall not affect their interpretation or construction.
  2. Support
      First and Second Line Support

    1. The Customer shall use reasonable endeavours to resolve first line Support requirements as follows:
      1. any Authorised User encountering a problem should first consult a colleague on whether they know how to resolve that problem;
      2. if the problem cannot be resolved by consulting another Authorised User then it should be escalated to the nominated local ‘super user’.
    2. The Customer shall use reasonable endeavours to resolve second line Support requirements as follows:
      1. second line support is provided by a local nominated ‘super user’;
      2. if the issue cannot be resolved at the local level and the ‘super user’ determines that the issue is one that relates to the Solution and requires the attention of AxonOps’ support team then the super user shall log a support ticket with AxonOps’ via the Account Dashboard, which acts to escalate the problem to third line support.
    3. Third Line Support

    4. AxonOps shall use reasonable endeavours to:
      1. provide a help desk service for third-line support (the Help Desk) that can be contacted via the Account Dashboard;
      2. carry out planned maintenance as notified by AxonOps’ to the Customer from time to time; and
      3. carry out unscheduled maintenance as soon as reasonably practicable following AxonOps becoming aware of the events giving rise to the requirement for unscheduled maintenance;
      4. provide technical support for Incidents in accordance with paragraphs 4 and 5;
      5. make the latest version of the Software available to the Customer as AxonOps generally makes such versions available to its customers;
      6. inform the Customer if AnxoOps’ becomes aware of any required upgrades to the Customer Environment, Nodes or Interfacing Data Feeds; and
      7. provide guidance on new Functionality and common issues.
    5. The Customer is responsible for upgrading the Customer Environment and/or Nodes as recommended by AxonOps and the Customer acknowledges that any failure by the Customer to implement such upgrades could result in the Solution not operating in accordance with the Documentation or as required by the Customer or impact on the security of the Solution and the Customer Environment and create an IT security risk. AxonOps shall not be liable to the Customer for any failure of AxonOps to perform or comply with its obligations under these Subscription Terms or any loss or damage suffered or incurred by the Customer as a result of or that arises in connection with the Customer’s failure to implement the recommended upgrades to the Customer Environment and or Nodes.
    6. The Customer shall provide AxonOps, together with its employees, agents or representatives with remote access to the Customer Environment, Nodes and Interfacing Data Feeds, as reasonably required by AxonOps in order for AxonOps to provide Support.
  3. Service Exclusions
    1. Support does not include AxonOps dealing with:
      1. maintenance of any equipment not belonging to AxonOps, including the Customer Environment, Nodes and Interfacing Data Feeds;
      2. maintenance of the environment in which the Solution is hosted, which will be provided at such times and intervals as are determined by the provider of these facilities and the Customer acknowledges that AxonOps has no control over this;
      3. Incidents that arise out of or in connection with:
                  (a) any failure of the Customer Environment, Nodes or Interfacing Data Feeds;
                  (b) any misuse, incorrect use of (i.e. use for a purpose for which it was not designed) or damage to the Solution;
                  (c) the Customer preventing AxonOps (as applicable) from performing required or planned maintenance;
                  (d) the Customer’s failure to implement:

                    (i) recommendations and/or requirements in respect of solutions to Incidents previously advised AxonOps;
                    (ii) AxonOps’ recommendations with regards to the use of the Solution, the Customer Environment, Nodes or Interfacing Data Feeds; or

                  (e) any breach by the Customer of any of its obligations under these Subscription Terms;
          (each a Service Exclusion).

    2. Support outside of Working Hours or required in respect of any issue arising from a Service Exclusion may be provided by AxonOps as a Professional Service, and AxonOps shall be under no obligation to provide such Support.
  4. Incident Notification, Responses and Customer’s obligations
    1. If an Incident occurs, the Customer shall immediately notify AxonOps via the Help Desk.
    2. When notifying AxonOps of an Incident and during the provision of Support by AxonOps, the Customer shall provide AxonOps with all information and documents required by AxonOps to enable AxonOps to determine whether an Incident has occurred, if the Incident is one which falls into a Service Exclusion and what priority level should be given to the Incident. Information to be provided includes:
      1. description of the Incident;
      2. detailed steps on how to reproduce the Incident (if applicable);
      3. screenshots (if relevant);
      4. error logs (if available);
      5. browser’s version and configuration of the Authorised User witnessing the incident; and
      6. Customer Environment details including version numbers, Interfacing Data Feeds and Nodes.
    3. The Customer shall:
      1. ensure that Authorised Users are appropriately trained at the Customer’s cost in the use of the Solution to perform their role;
      2. provide AxonOps with reasonable assistance to reproduce the Incident as requested including access to the Customer Environment, Nodes and/or Interfacing Data Feeds and, during Working Hours, the relevant Customer’s records, personnel and data.
    4. AxonOps will provide an initial response to any Incident notified to the Help Desk within 1 Working Day of the Incident being logged with the Help Desk. Such response may take the form of:
      1. an email to acknowledge that the Incident has been logged with the Help Desk and, where relevant the priority level assigned to the Incident;
      2. general advice on the Incident including directing the Customer to the relevant sections within the Documentation.
  5. Technical Support for Incidents
    1. The priority of an Incident shall be determined in accordance with the tables set out in paragraph 4.3.
    2. AxonOps will use its reasonable endeavours to provide the relevant response to the Incident in accordance and as required by the response and response times set out in the tables below.
    3. Incident Priority Levels
    4. The priority assigned to a support call, response times and responses will be as follows:

      Priority level Definition Response and Response Time
      P1 Critical Failure:

      A catastrophic error in, or failure of, the Solution where all Interfacing Data Feeds are affected, and multiple Authorised Users are unable to access the Solution or system wide outages that cause a complete inability of the Solution to operate.

      Initial Response

      Acknowledge the Incident reported and confirm the Incident is a P1 priority level.

      Initial Response Time

      1 hour following the report of the Incident to the Help Desk.

      Resolution Response

      a) Restoration of the Solution to a state that allows the Customer to continue to use all functions of the Solution in all material respects; or
      b) Resolution by way of a workaround reasonably acceptable to the Customer further to which the priority level shall reduce to a priority level P2 or P3.

      Resolution Response Time

      5 Working Days following the report of the Incident to the Help Desk.

      Further Response

      Continue to work on the Incident in accordance with the lower priority level the Incident has been downgraded to.

      P2 Significant Failure:

      An error in, or failure of, the Solution that has a significant impact on multiple Interfacing Data Feeds being the Solution is usable, but Functionality is severely restricted.

      Initial Response

      Acknowledge the Incident reported and confirm the Incident is a P2 priority level.

      Initial Response Time

      1 Working Day following the report of the Incident to the Help Desk.

      Resolution Response

      a) Restoration of the Software to a state that allows the Customer to continue to use all functions of the Software in all material respects; or

      b) Resolution by way of a workaround reasonably acceptable to the Customer further to which the priority level shall reduce to a priority level P3.

      Resolution Response Time

      30 Working Days following the report of the Incident to the Help Desk.

      Further Response

      Continue to work on the Incident in accordance with the lower priority level the Incident has been downgraded to.

      P3 Minor Error:

      An isolated or minor error in the Software that does not significantly affect the Solution or Functionality;

      Initial Response

      Acknowledge the Incident reported.

      Initial Response Time

      1 Working Day following the report of the Incident to the Help Desk.

      Resolution Response

      Provide a patch or fix

      Resolution Response Time

      At such time as AxonOps rolls out updates to the Software generally.

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