During Business Hours (set forth below), Wint’s helpdesk personnel shall receive Customer email and phone support requests in connection with Errors (each, a “Support Request”). “Error” means any verifiable and reproducible failure of the Platform to materially perform the functions described in the Platform’s Documentation. Once Wint has determined that the Support Request is covered by a valid support contract, Wint will:
(A) respond to such Support Request based on the Severity Levels (as determined by Wint) set out in the table below; and
(B) Wint will use commercially reasonable efforts to get to Problem Resolution or to provide a workaround for the Error.
“Problem Resolution” means the use of commercially reasonable efforts to resolve the reported Error. These efforts may include (but are not limited to): configuration changes, patches that fix an issue, and redeploying the Platform.
Business Hours | |
8AM – 6PM local time | |
Support Request Submission | |
Phone | |
In order to be addressed by Wint, Errors must be verifiable and reproducible. Furthermore, in order for Wint to address a Support Request, Customer must provide Wint with all information, documentation, assistance and access as Wint might reasonably require, including, without limitation:
setup information,
application knowledge,
listing of any output,
detailed steps required to enable Wint to replicate the Error,
exact wording of Error messages, and
any other data that Wint may reasonably request in order to reproduce operating conditions similar to those present when the Error occurred.
Each Error for which a Support Request is received by Wint, shall be classified by Wint and assigned a level of severity (“Severity Level”), in accordance with the following criteria:
Severity Level | Criteria | Response Time (measured after Wint receipt of Support Request) | Status Update (measured after Wint receipt of Support Request) |
Severity 1 Critical | A complete failure or inability to access the Platform for an extended period of time (more than 30 consecutive minutes) during Business Hours | 1 hour | 4 hours |
Severity 2 Major | A complete failure or inability to access or use the Software for a brief period of time (fewer than 30 consecutive minutes) during Business Hours, or the failure of one or more key features of the Platform for an extended period of time (more than 30 consecutive minutes) during Business Hours | 4 hours | 8 hours |
Severity 3 Minor | A partial, temporary or intermittent failure of one or more features of the Platform lasting for fewer than 30 consecutive minutes during Business Hours | 8 hours | 24 hours |
Severity 4 Low | A Error that is cosmetic in nature (e.g., UI) or that can be readily circumvented through use of alternate functionality in the Platform. | 24 hours | 3 Business Days |
The technical support described above shall exclude Errors resulting from:
(a) any modifications of the Platform that have not been approved by Wint in advance and in writing;
(b) Customer’s failure to implement in a reasonably timely manner any update or upgrade made available by Wint (or its representative);
(c) Customer’s written instructions to Wint, or installation or set up adjustments made solely by Customer;
(d) Customer’s use of the Platform in violation of the Agreement or of any applicable Laws;
(e) any fault in any Customer (or third party) equipment, programs, or other goods or services used in conjunction with the Platform; and/or
(f) Customer’s negligence or willful misconduct.
Furthermore:
(a) Customer agrees to receive from Wint communications via e-mail, telephone, and other reasonable formats;
(b) Customer’s technical support contact shall cooperate with Wint at all times during the provision of Support Services;
(c) Customer shall report to Wint all material problems with the Platform and shall implement any reasonable corrective procedures provided by Wint reasonably promptly after receipt; and
(d) Customer will make available to Wint a remote access solution (“Remote Access”) allowing Wint’s Customer Success (or similar) team to remotely connect to the Platform and Customer systems.
Such Remote Access requires that, inter alia, Customer make available a Virtual Private Network (“VPN”) or Virtual Desktop Infrastructure (“VDI”) facilitating access from Wint’s offices.
