BLOKSEC SUPPORT TERMS SCHEDULE (SAAS)
During the subscription period of any of BlokSec’s SaaS products (each a “SaaS Product”), BlokSec will provide the Customer technical support services for the SaaS Products as set forth below (“Support Services”), commencing upon the beginning of the applicable subscription period (or as otherwise agreed to in writing by the Parties). The Support Services are subject to the terms and conditions of this Schedule and any applicable agreement(s) between the Parties pertaining to the SaaS Products (the “Agreement”). In the event of a conflict between any provision of the Agreement and this Schedule, the provisions of this Schedule will govern with respect to the Support Services described herein.
- Definitions
“Documentation” means the user guides, installation documents, and specifications for the BlokSec SaaS Product that are made available from time to time by BlokSec in electronic or tangible form, but excluding any sales or marketing materials.
“Agents” mean BlokSec’s proprietary software components, connectors, SDK’s, and API’s that are to be used by the customer for the purpose of interacting with the relevant BlokSec SaaS Product.
“Schedule” means these terms governing BlokSec’s Support Services.
“Work-Around” means a temporary method for overcoming a problem or limitation in a program or system.
- Support Services
- Levels of Support. Three (3) levels of support are available. If Customer purchases Support Services from BlokSec’s authorized channel partner, that authorized channel partner may provide Level 1 and Level 2 support. In any event, BlokSec will provide Level 3 support.
- Level 1 Support. Level 1 (problem verification) handles calls requiring a relatively low, but broad degree of product expertise.
- Level 2 Support. Level 2 (problem determination and temporary fix) requires both broad and in-depth product expertise. Level 2 support has full responsibility for problem troubleshooting, and development of problem avoidance.
- Level 3 Support. Level 3 requires engineering level technical expertise. The Level 3 support organization is responsible for providing timely product defect descriptions and resolution plans to Level 1 and Level 2 Support.
- In consideration of and conditioned upon Customer’s payment of the fees for the relevant BlokSec SaaS Product in accordance with the Agreement, BlokSec will provide the following Support Services, subject to Section 2.1 above:
- contact with BlokSec via email, phone, customer helpdesk the use of the SaaS Product in accordance with the Documentation;
- services for correcting or working around variances between a function of the SaaS Product and the applicable Documentation, provided the variances occur on the SaaS Product being utilized under normal operating conditions (or conditions approved by a BlokSec support representative in writing);
- if applicable, making updates and upgrades to the Agents available to Customer.
- On-site Support Services are not covered but may be provided by BlokSec on Customer’s request at BlokSec’s then current professional services rates, plus actual expenses incurred. Services arising from any of the following events are not covered by Support Services, and BlokSec reserves the right to refuse to perform such services or agree and document with Customer the services that are required by Customer based upon BlokSec’s then current rates for performing such services:
- improper operation and network communication, fault, neglect or misuse of the SaaS Product by anyone other than BlokSec;
- events not caused by a failure of BlokSec or its SaaS Products, in which case BlokSec will use commercially reasonable efforts to work with other vendors and Customer to isolate the cause of the failure;
- any attempt at repair, maintenance or modification of the Agents performed by anyone other than BlokSec-certified personnel, with the exception of those tasks expressly detailed in the Documentation as performable by Customer; or
- Customer’s failure to install updates and upgrades to the Agents that are required to resolve Customer’s issue.
- Levels of Support. Three (3) levels of support are available. If Customer purchases Support Services from BlokSec’s authorized channel partner, that authorized channel partner may provide Level 1 and Level 2 support. In any event, BlokSec will provide Level 3 support.
- Service Levels BlokSec categorizes Support Services requests in relation to the severity of the service call. Severity level classifications, response times and resolution procedures are stated in Appendix A. BlokSec shall make commercially reasonable efforts to respond to Support Services requests within the response times set forth in Appendix A. Notwithstanding the foregoing, this Section 3 and Appendix A will not apply for Support Services purchased from BlokSec’s authorized channel partners.
- Unless BlokSec’s authorized channel partner is providing Level 1 and Level 2 Support to Customer, Customer will designate support contact(s), not to exceed four (4) total contacts, to be the primary interface with BlokSec and to initiate all requests for support. The support contacts and any other designee must be trained by BlokSec, qualified and authorized to communicate all necessary information, perform diagnostic testing under the direction of the BlokSec service representative and be present at the location during the performance of any support if required. Customer shall provide prior written notice to BlokSec for any changes to registered contacts.
- Customer shall promptly: (a) follow BlokSec’s instructions regarding upgrading the Agents to ensure compatibility with the SaaS Products; and (b) test recommended updates and upgrades to Agents in order to resolve outstanding issues. Customer acknowledges and agrees that its failure to timely install such an updates may result in disruptions to or failures of the SaaS Products, security risks or suspension of Customer’s access to the SaaS Products, without any liability on the part of BlokSec to Customer. Customer accepts sole responsibility for any compatibility problems between the relevant SaaS Products and any other software, hardware, or other technology not maintained or supported by BlokSec.
- Business Hours
“Business Days” and “Business Hours” shall be defined according to the regional support center stated in the table below.
Regional Support Center | Business Hours | Business Days | National Holidays Jurisdiction |
North America | 08:00 – 17:00 (EST Time) | Monday through Friday | Canadian Federal |
APPENDIX A TECHNICAL SUPPORT PROBLEM SEVERITY LEVEL CLASSIFICATIONS*
Critical Event | Serious Event | Moderate Event | Minor Event |
A down situation, whereby Customer is unable to do production work, and a Work-Around is not available. This category includes situations where: • the SaaS Product is not available or accessible to Customer; • the systems under the protection of the BlokSec SaaS Product are not usable or not accessible due to a fault with BlokSec SaaS Product, and Work-Around is not available; • customer cannot access business applications and is unable to continue normal business operations. | A major function is unusable and no WorkAround is available, but Customer is able to do some production work. The SaaS Product may: • be usable but incomplete (one or more major documented commands/functions are inoperable/ missing); • significantly impact Customer’s normal business operations, and no Work-Around is available; suffer sufficient degraded performance (throughput/response) such that there is a severe impact on use. | There is a loss of a function or resource that does not seriously affect Customer’s operations or schedules. Any problem, which was originally reported as a Critical Event or Serious Event, but has been temporarily solved with a WorkAround, will be reduced to a Moderate Event. | All problems with the BlokSec SaaS Product, other than those falling within the more severe categories. This category includes: • errors in Documentation; • instances when the BlokSec SaaS Product does not operate strictly according to the Documentation.
|
RESPONSE TIME AND RESOLUTION PROCEDURE
Call Severity |
Initial response |
Action |
Work-Around |
Critical Event |
2 hours (24×7 service)
|
Work continuously until problem is fixed (24×7 service) |
As required |
Serious Event |
4 Business Hours |
Work through normal Business Day |
As required |
Moderate Event |
6 Business Hours |
Reasonable – as resources are available |
None |
Minor Event |
12 Business Hours |
Reasonable – as resources are available |
None |
* Notwithstanding the foregoing, all situations of a technical nature related to BlokSec SaaS Product will be categorized as a Moderate Event. All other questions related to BlokSec SaaS Product will be categorized as a Minor Event.