EXHIBIT C: SOFTWARE SUPPORT SERVICES
This Software Support Services Exhibit (this “Exhibit”) is an attachment to this Agreement and sets forth the ESChat Software Support Services to be provided by ESChat to Subscriber. This Exhibit includes by reference the terms and conditions of the Agreement. In the event of any inconsistencies between this Exhibit and the Agreement, the Parties agree that the terms and conditions of the Agreement will prevail.
ESChat agrees to provide the following Software Support Services to Subscriber for the Product:
1. Cloud Hosted services, ESChat will provide Tier 1, Tier 2 and Tier 3 Software Support assistance and consultation to Subscriber for issues at Severity Level 1 and Severity Level 2, 24/7/365 via telephone and email. Issues at Severity Level 3, 4 and 5 will be addressed via telephone and email during the hours from 8:00 A.M. – 5:00 P.M., Pacific Time, Monday through Friday (excluding holidays identified in Exhibit D). Tier 1, Tier 2 and Tier 3 Software Support are explained below.
2. Customer Hosted services, ESChat will provide remote Tier 3 Software Support assistance and consultation to Subscriber for all Severity Levels during the hours from 8:00 A.M. – 5:00 P.M., Pacific Time, Monday through Friday (excluding holidays identified in Exhibit D) via telephone and email. If Subscriber requires 24/7/365 Software Support Services, Subscriber may purchase a Premium Software Support Service Level Agreement on a server by server basis.
Telephone Support shall be provided in English and available at 805-541-5044 x 3. In the event ESChat support personnel are not available via telephone, all support issues should be sent via email to support@eschat.com.
Software Support Response and Resolution Times:
| Severity Level | Response Time | Resolution Time |
|---|---|---|
| Severity Level 1 | 1 hour | 12 hours |
| Severity Level 2 | 8 hours | 24 hours |
| Severity Level 3 | 24 hours | 7 Calendar Days |
| Severity Levels 4 & 5 | 24 hours | 30 Calendar Days |
For the purposes of the Schedule of Response/Resolution Times set forth above, the following definitions will apply:
| Severity Level: | The level of severity that ESChat assigns to a given malfunction, defect or nonconformity of the ESChat Software. |
|---|---|
| Severity Level 1: (Critical) | Means a problem that renders the Product unfit for use and/or unable to be serviced. Problems of this severity usually result in the replacement or repair of all Products containing the defective item. |
| Severity Level 2: (Serious) | Means a problem that produces intermittent loss of function or degraded performance. Problems of this severity usually result in a stop-ship of the Product until the problem is corrected. |
| Severity Level 3: (Moderate) | Means a problem that impedes, but does not prevent the user from accomplishing the desired function. The customer will likely ignore the problem or find a “work around.” Some customers may register a complaint. |
| Severity Level 4: (Minor) | Means a minor problem that does not impede a customer from accomplishing any desired function. The customer may or may not notice the problem, and is unlikely to register a complaint. The customer’s perception of the quality may be damaged if several such problems are evident. |
| Severity Level 5: (Transparent) | Means a problem that is invisible to the customer. The problem may be outside the executable software, e.g., development documentation. Documentation problems are at least a Severity Level 4. |
Issues classified as severity Level 3, 4 or 5 may alternately be assigned into a pre-established maintenance release schedule.
| Response: | A written communication to Subscriber acknowledging that a problem has been reported, ESChat’s analysis of the problem information provided to determine if it is complete and the ESChat’s work to attempt to reproduce the problem if the problem information is deemed complete. |
| Response Time: | The maximum time as defined in this Section permitted for ESChat to complete a technical assessment of the problem and establish a course of action for problem resolution, with such period commencing on receipt of Subscriber telephonic notification of such problem. |
| Resolution Time: | The maximum time period permitted for ESChat to resolve the problem, with such time period commencing upon the completion of the technical Response Time. |
3. If ESChat does not correct the Software within one hundred and twenty (120) hours from the time of notification by Subscriber, ESChat will dedicate at least one (1) senior technician to provide remedial Services until the issue is resolved. This shall only apply to issues classified as severity 1 or severity 2.
Support Tiers: The Tier of support defines the organizational responsibility for a specific customer issue.
| Tier 1 (T1): |
End-User Support: Gather the customer’s information, validate that the contact has appropriate authority, and to determine the customer’s issue by analyzing the symptoms and figuring out the underlying problem. This level should gather as much information as possible from the end user. The information should include customer name, user name, device type, nature of the problem, and any associated error messages. The Tier 1 specialist can typically handle straightforward and simple problems. This includes troubleshooting methods such as verifying data connectivity issues, resolving username and password problems, uninstalling/reinstalling ESChat, verification of proper device and software setup, and assistance with navigating around application menus. Personnel at this level have a basic to general understanding of the product or service and may not always contain the competency required for solving complex issues. Nevertheless, the goal for this group is to handle most of the user problems before finding it necessary to escalate the issue to a higher level. If unable to resolve the issue, the Tier 1 specialist will forward a trouble ticket with all relevant information to the Tier 2 support team. This will include requesting a debug log from the device if that has not been completed yet. |
| Tier 2 (T2): |
Enhanced Technical Debug & Analysis: In-depth technical support level responsible for assisting Tier I personnel in solving basic technical problems and for investigating elevated issues by confirming the validity of the problem and seeking for known solutions related to these more complex issues. The Tier 2 technician should fully document the problem and perform some diagnostics, including initial review of debug logs. If the debug logs from T1 did not include full debug and the T2 technician is not able to determine the cause of the problem with the existing information, the T2 technician should enable more debugging and direct the user to reproduce the issue before requesting a new log set. If a problem is new and/or personnel from this group cannot determine a solution, they are responsible for raising this issue to the Tier 3 technical support group. |
| Tier 3 (T3): | Engineering Debug & Analysis: Engineering level support responsible for the most difficult or advanced problems. The Tier 3 team will analyze the code and data using information from Tier 1 and Tier 2. If it is determined that a problem can be solved, this group is responsible for designing and developing one or more courses of action, evaluating each of these courses in a test case environment, and implementing the best solution to the problem. Once the solution is verified, it is delivered to the customer and made available for future troubleshooting and analysis. If the problem is a bug in the system, the appropriate bug will be filed. The customer ticket will be moved into the Bug Follow Up department and T3 will either directly get back to the customer or return it to T2 for customer follow up. |
EXHIBIT D: SUPPLIER HOLIDAY SCHEDULE
The following eleven dates are considered non-working ‘Holidays’ at ESChat.
• New Year’s Day
• Memorial Day
• Independence Day
• Labor Day
• U.S. Thanksgiving Day
• The Day after U.S. Thanksgiving Day
• Five Days during the week of Christmas