Service Levels and Support Terms

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1. Availability

1. Whilst the Company shall use all reasonable endeavours to ensure that the Service is available the Service may be interrupted due to system or platform outages or scheduled maintenance.  We shall use all reasonable endeavours to notify you of such outages or scheduled maintenance interruptions.

2. Your sole and exclusive remedy, and the Company's entire liability, in connection with interruptions to Service availability (other than scheduled maintenance where we have provided prior notice) shall be that for each period of downtime lasting longer than one hour, the Company will credit You 5% of Service fees for each period of 30 or more consecutive minutes of downtime over one hour; provided that no more than one such credit will accrue per day.  

3. Downtime shall begin to accrue as soon as You (with notice to the Company) recognise that downtime is taking place, and continues until the availability of the Service is restored.  

4. In order to receive downtime credit, You must notify the Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.  Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. The Company will only apply a credit to the month in which the incident occurred.  Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.

 

2. Support

1. You may submit support requests to the Company via support@eHomeCare.com.au , 1800 899 329, or via the Company contact information provided in separate Statements of Work. Each case will be assigned a unique case number. Customer Support hours of operation Monday to Friday 8am - 5pm EDT.

2. The Company will respond to each case in accordance with this Service level schedule and will use commercially reasonable efforts to promptly resolve each case. Actual resolution time will depend on the nature of the case and the resolution itself.

3. A resolution may consist of a fix, workaround, delivery of information or other commercially reasonable solutions to the issue.

 

3. Severity Level Determination

1. You shall reasonably self-diagnose each support issue and recommend to the Company an appropriate Severity Level designation. The Company shall validate Your Severity Level designation, or notify You of a proposed change in the Severity Level designation to a higher or lower level with justification for the proposal.

2. In the event of a conflict regarding the appropriate Severity Level designation, each party shall promptly escalate such conflict to its management team for resolution through consultation between the parties' management, during which time the parties shall continue to handle the support issue in accordance with the Company Severity Level designation.

3. In the rare case a conflict requires a management discussion, both parties shall be available within three hours of the escalation.

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4. Support Issue Production Severity Levels - Response and Escalation

1. Response Time is the period from the time the Production case was logged until the Company responds to You and/or escalation within the Company, if appropriate.

2. Due to the widely varying nature of issues, it is not possible to provide specific resolution commitments.

 

Severity Level 1: Extreme Incident

• Definition: The Company Service is unavailable for all Users.

• Company Response Commitment: Company will respond within one (1) hour of receipt of notification of the incident.

• Resolution: Company will work to resolve the problem until the Service is returned to normal operation. Customer will be notified of status changes.

• Escalation: If the problem has not been resolved within one (1) hour, Company will escalate the problem to the appropriate organisation responsible. The escalated problem will have higher priority than ongoing support, development or operations initiatives.

• Customer response commitment: Customer shall remain accessible by phone for troubleshooting from the time a Severity 1 issue is logged until such time as it is resolved.

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Severity Level 2: Major Incident

• Definition: The Service contains a bug that prevents You from executing one or more critical business processes with a significant impact and no workaround exists.

• Company Response Commitment: the Company will respond within 8 hours of receipt of notification of the incident.

• Resolution: the Company will work to resolve the problem until the Service is returned to normal operation. You will be notified of status changes.

• Escalation: If the problem has not been resolved within 8 hours, You may request that the Company escalates the problem to higher priority than ongoing development or operations initiatives.

• Customer Response Commitment: You shall remain accessible by phone for troubleshooting from the time a Severity 2 issue is logged until such time as it is resolved.

 

Severity Level 3: Moderate Incident

• Definition: The Company Service contains a bug that prevents You from executing one or more important business processes. A workaround exists but is not optimal.

• Company Response Commitment: the Company will respond within 24 hours of receipt of notification of the incident.

• Resolution: If resolution requires a Company bug fix, the Company will add the bug fix to its development queue for future Update and suggest potential workaround until the problem is resolved in a future Update. You will be notified of status changes.

• Escalation: If the problem has not been resolved within 1 week, You may request that the Company escalates the problem.

• Customer Response Commitment: You will respond to the Company's requests for additional information and implement recommended solutions in a timely manner.

 

Severity Level 4: Minor Incident

• Definition: The Service contains an issue that may disrupt important business processes where a workaround is available or functionality is not imperative to Your business operations.

• Company Response Commitment: the Company will respond within 72 hours of receipt of notification of the incident.

• Resolution: If resolution requires a Company bug fix, the Company will add the bug fix to its development queue for future Update and suggest potential workaround until the problem is resolved in a future Update. You will be notified of status changes.

• Escalation: None.

• Customer Response Commitment: You will respond to the Company requests for additional information and implement recommended solutions in a timely manner.

 

5. Support Scope

1. The Company will support functionality that is developed by the Company and under its direct control.

2. For all other functionality, and/or issues or errors in the Company Service caused by issues, errors and/or changes in Your information systems and/or third party products or services, the Company may assist You and Your third party providers in diagnosing and resolving issues or errors but You acknowledge that these matters are outside of the Company's support obligations.

3. Service Level failures attributable to (i) Customer acts or omissions; and (ii) force majeure events shall be excused.