Capitalised terms used, but not defined, in this Support Services Policy have the meanings given to them in the IXUP Master Subscription Agreement.
In this Support Services Policy, the following terms have these meanings:
- Business Hours: means 8:00 a.m. to 5:00 p.m. (AEST) during Business Days.
- Business Days: means Monday to Friday, excluding public holidays in Australia
- Error: means a Severity Level S1, Severity Level S2, Severity Level S3 or Severity Level S4, as defined in the table below.
- Software: means the IXUP software set out in the applicable Order Form executed by the Host.
Error Severity Definition Table
Scope of Support Services
During the Term, IXUP shall provide the Host with Support Services consisting of the following:
(i) online or email support services in relation to S1 and S2 Errors that require access or changes to the source code for the current and immediately prior version of the Software;
(ii) IXUP will respond to all requests for Support Services in accordance with the support hours, escalation paths and response times set forth below; and
(iii) all requests for Support Services must be made via the following channels:
SUPPORT ESCALATION PATHS AND RESPONSE TIMES
Designated Support Services Contacts
Up to four (4) designated Host Support Services contacts may be trained on the Software. The Host may elect to increase the number of designated Host Support Services Contacts at the IXUP current applicable fee.
IXUP’s Support Services personnel will (a) verify Host detected S1 and S2 Errors, provided that the Errors can be recreated with an unmodified version of the Software and (b) determine the severity of the Support Services request and whether the Support Services request is a Severity Level S1 Error, S2 Error, S3 Error, S4 Error, or not an Error.
Upon receipt of notice of an S1 or S2 Error, IXUP shall assign appropriate technical personnel to the issue and provide the Host with acknowledgment that it has received such Error notice (such actions together, a Response). IXUP will use its best endeavours to provide a Response to each Error reported in accordance with this Support Services Policy within the Response times set out in the table above. All Response times are measured from the time of receipt of the request for Support Services to https://ixup.freshdesk.com (Online) or email@example.com (Email). IXUP will use commercially reasonable efforts to provide the Support Services and promptly resolve each S1 and S2 Error. Actual resolution time will depend on the nature of the S1 or S2 Error and the resolution. A resolution may consist of a fix, workaround or other solution in IXUP’s reasonable determination.
Conditions for providing Support Services
IXUP’s obligation to provide Support Services is conditioned upon the following: (a) the Host makes reasonable efforts to correct the S1 or S2 Error; (b) the Host provides sufficient information and resources to correct the Error either at IXUP’s customer Support Services centre or via remote access to the Host’s site, as well as access to Collaborators, the personnel, hardware, and any additional software involved in discovering the Error; (c) the Host promptly installs the current version of the Software; and (d) the Host procures, installs and maintains all equipment, communication interfaces and other hardware necessary to utilise the Software.
Support Services exclusions
The following are excluded from the Support Services: (i) any first or second line support services (which are the responsibility of the Host); (ii) third line support for S3 or S4 Errors; (iii) Software that is used on or in conjunction with hardware or software other than as specified in the applicable IXUP documentation; (iv) altered or modified Software, unless altered or modified by IXUP; (v) Errors in the Software due to accident, hardware malfunction, abuse or improper use; (vi) any version of the Software for which Support Services have been discontinued by IXUP; (vii) any Error caused by third party software not licensed through IXUP; (viii) evaluation software or other software provided at no charge; (ix) Support Services for Software which has been subject to unauthorized modification by any Collaborator; (x) failure of, or issues arising from, computing or networking hardware, or equipment or programs under the control of any Collaborator; (xi) negligent or intentional misuse of the Software by any Collaborator; and (xii) custom integration scripts that use the IXUP APIs, unless affected by a change in the Software that had not been communicated to the Host with at least seven (7) days’ notice of the change.