Maintenance & Support Services Addendum
MAINTENANCE AND SUPPORT SERVICES ADDENDUM
This Maintenance and Support Services Addendum (this “Addendum”) applies to any Company customer entitled to receive maintenance and support services for the Platform pursuant to the terms and conditions of the Agreement to which this Addendum is incorporated into. All capitalized terms used in this Addendum and not defined shall have the meanings set forth in the Agreement. In the event of any conflict between the terms and conditions of this Addendum and the Agreement, the terms and conditions of this Addendum shall control.
TERMS AND CONDITIONS
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS.
1.1. “Error” means the failure of the Platform to operate in all material respects in conformity with the then-current Documentation, other than any nonconformity resulting from Customer Data, misuse or improper use of the Platform, or failure of any telecommunications or connectivity equipment of service not provided by Company.
1.2. “Substantial Defect” means a programming failure of the Platform to collect or display Customer Data.
2. AVAILABILITY. Lightning Step shall use commercially reasonable efforts to: (a) maintain the security of the Platform; (b) provide regular (once daily) backups of Customer Data; and (c) make the Platform generally available 24 hours a day, 7 days a week, except for: (i) planned downtime that is not caused by a Force Majeure Event, which planned downtime shall be any period outside of the hours of 6:00 AM to 9:00 PM, Central Time, Monday through Friday, and 8:00 AM to 5:00 PM Central Time, Saturday, Sunday, and Company-observed holidays, for which Company uses commercially reasonable efforts to give Customer eight (8) hours or more notice that the Platform will be unavailable; and (ii) downtime caused by Force Majeure Events. Customer is solely responsible for providing, at its own expense, all network access to the Platform, including, without limitation, acquiring, installing, and maintaining all telecommunications equipment, hardware, software, and other equipment as may be necessary to connect to, access, and use the Platform.
3. SUPPORT SERVICES. During the Term, Company will use commercially reasonable efforts to provide Customer with Services consisting of support of the Platform (“Support Services”): (a) correction of Substantial Defects so that the Platform will operate in all material respects as described in the current Documentation; (b) at the sole discretion of Company, provide periodic updates to the Platform that may incorporate (i) corrections of any substantial Errors, (ii) fixes of any minor bugs, and (iii) enhancements to the Platform; and (c) remote support to Authorized Users from 8:00 AM to 5:00 PM Central Time, Monday through Friday, but excluding Company-observed holidays, on use of the Platform (provided, however, that Customer will attempt to resolve any support issues with the System Administrator prior to contacting Company for such remote support). Any Support Services may be provided via email, telephone, remote assist software, public bulletin boards, and/or other similar methods deemed appropriate by Company.
4. MAINTENANCE. Lightning Step will use commercially reasonable efforts to correct, as described below, reported and verifiable Errors in the Platform.
Severity Levels
Severity 1:
Critical – Customer’s access to the Platform is down and a fix is required immediately. Company shall provide continuous effort until an emergency fix or bypass is developed and available for Customer. Critical situations may require Customer and Company personnel to be at their respective work locations or available on an around-the-clock basis.
Target Resolution Time - The objective will be to provide relief to Customer within forty-eight (48) hours or an agreed upon reasonable time based on the nature of the Error. The time will begin once an application support person from Company has acknowledged in writing that the Error is a “Severity 1 Error.”
Severity 2:
Major – An Error that severely restricts operations, and a fix is required as soon as possible. A Severity 2 Error should be resolved with a fix or a workaround. If a workaround is provided, the severity will be downgraded.
Target Resolution Time - The objective will be to provide relief to Customer within ten (10) calendar days or within an agreed upon reasonable time based on the nature of the Error. The time will begin once an application support person from Company has acknowledged in writing that the Error is a “Severity 2 Error."
Severity 3:
Minor – Minor or no business impact. A Severity 3 Error will be reviewed throughout the development process, and Company will keep Customer reasonably informed as to when a possible solution will be provided.
Target Resolution Time - N/A
5. MISCELLANEOUS. This Addendum constitutes a service contract and is not a product warranty, and is an additional part of the Agreement and does not change or supersede any terms or conditions of the Agreement except as expressly set forth in this Addendum.
