CData Premium Support Terms
1.Definitions. “Business Hour” means the hours of 9:00 a.m. to 6:00 p.m. Eastern Standard Time, Central European Time, and/or India Standard Time, as applicable, during each Business Day. “Business Day” means Monday through Friday, excluding local public holidays. “Support Ticket” is a Licensee inquiry regarding the functionality or use of the Product. “Workaround” means a software patch, error correction, or feasible change in operating procedures whereby the Product is made sufficiently functional so that Licensee can continue to use the Product.
2.Support Terms. During the subscription term set forth in an Order and subject to Licensee’s payment of premium support fees, CData will provide Licensee with access to the HelpDesk, e-mail, and telephone technical services that CData offers regarding the use and function of the Product and respond to Support Tickets as follows:
2.1.CData will prioritize Licensee’s Support Tickets over other standard support tickets.
2.2.Support Tickets are assigned a classification by CData in consultation with the Licensee at the time of Licensee’s initial contact with CData and are classified according to the severity levels set forth in the Severity Levels table below. CData will respond to Support Tickets reported by e-mail and telephone during CData’s regular Business Hours on a Business Day in accordance with the Service Level Objectives Table below, pursuant to the assigned severity level. CData will make commercially reasonable efforts to meet the service level commitment timetable in the table below, however, failure by CData to meet the timetable shall not be considered a breach of the Agreement.
2.3.CData will provide online access to web-based support (HelpDesk) via help ticket submission and the online knowledge base. Access to HelpDesk and the online knowledge base is generally available 24 hours per day, 7 days a week, 365 days a year, barring unforeseen interruptions in Internet service or planned exceptions by CData. Notwithstanding anything to the contrary in this Agreement, CData does not guarantee such availability. Any planned exceptions to the availability of web-based support features will be communicated on the CData website as far in advance as possible.
2.4.Licensee shall cooperate with CData to attempt to provide reproducible results for any errors reported. CData’s ability to provide support will depend, in some cases, on the ability of Licensee to provide accurate and detailed information and to aid CData in handling a Support Ticket.
2.5.Licensee agrees that CData’s support obligations concerning the Product’s use with third party products, including compilers, operating systems, and other software or services, shall be limited to those items set forth in the Documentation.
3.Support Tickets are closed upon delivery of a solution through a local change, hotfix, patch, or plan for resolution in the next update release. Support Tickets are also closed if CData does not receive any response from Licensee after contacting Licensee three (3) times over the course of five (5) Business Days. Support cases can be re-opened as needed by submitting via email or the website. Support Tickets will be downgraded or closed if Licensee does not respond in a timely manner to the CData technical support team member.
Service Level Objectives Table
| SEVERITY 1 | |
|---|---|
| Definition | Production system down or inaccessible: A problem that prevents an existing production system from operating and no Workarounds can be implemented. Only issues affecting production instances can be considered Severity 1. |
| Response | CData will respond within 4 Business Hours when notified of the case. |
| Service Level Commitment | CData will assign technical support engineers during its usual Business Hours during regular Business Days to provide support until the case is either resolved or circumvented. The issue will take precedence over all other non-Severity 1 cases, for both Licensee and CData’s other customers, in the queue. Licensee must be committed to making the relevant documentation, system, and personnel resources available in the same timeframe to assist in resolving the case. If Licensee resources are unavailable, or if CData is able to provide a temporary solution or Workaround, the severity level will be re-evaluated. |
| Service Level Objective | The time frame for this objective is to provide a Workaround or resolution within 1 Business Day (8 Business Hours). If the ticket requires escalation to engineering, CData’s goal is to have a fix within 1-2 Business Days. |
| SEVERITY 2 | |
| Definition | Restricted Operations - A loss of service resulting in restricted business operations. A less severe problem that may restrict a production system but does not materially or substantially prevent it from operating. The problem may affect development, testing or migration efforts. A severity 2 problem does not result in extended downtime. |
| Response | CData will respond within 1 Business Day (8 Business Hours) when notified of the case. |
| Service Level Commitment | CData will assign a technical support engineer during its normal Business Hours during Business Days to investigate the reported case to resolution. The issue will take precedence over all other non-Severity 1 or 2 cases in the queue for both Licensee and CData’s other customers. Licensee must be committed to making the relevant documentation, system and personnel resources available to assist in resolving the case. If support is able to provide a temporary solution or Workaround, the severity level will be re-evaluated to determine the appropriate course of action. |
| Service Level Objective | The time frame for this objective is to provide a resolution within 1 Business Day. If the ticket requires escalation to engineering, CData’s goal is to have a fix within 1 Business Week (5 Business Days) |
| SEVERITY 3 | |
| Definition | Standard issue: A problem which causes interruptions in business operations but does not result in a major outage and does not result in any material or substantial operating errors. Impact may include functionality that is not critical to your main use case of the product. This also covers questions arising during integration of the product into Licensee systems. A severity 3 problem prevents or delays users from performing some non-critical tasks. This is the default level for all tickets until evaluated by CData. |
| Response | CData will respond within 2 Business Days upon notification. |
| Service Level Commitment | CData will assign the next available technical support engineer to investigate the reported case to resolution. |
| Service Level Objective | The time frame for this objective is to provide a resolution within 2 Business Days. If the ticket requires escalation to engineering, CData’s goal is to have a fix within 2 Business Weeks (10 Business Days) |
| SEVERITY 4 | |
| Definition | Question, inconvenience, or feature request: A question about the product or a problem with little or no impact to production, testing, or development systems. Additionally includes requests for new features or products. Severity 4 problems do not prevent users from performing any tasks. |
| Response | CData will respond within 2 Business Days when notified of the case. |
| Service Level Commitment | CData will assign the next available technical support engineer to investigate the reported case to resolution. |
| Service Level Objective | The time frame for this objective is to provide a resolution within 3 Business Days. For new features or enhancements, the expected timeline is 4-8 weeks after the project is accepted, depending on complexity and CData business alignment. |
4.Exclusions to support. CData will not have any obligation to provide support for problems in the operation or performance of the Product to the extent caused by any of the following: (a) modifications to the Product made by a party other than by or on behalf of CData; (b) Licensee’s use of the Product other than as authorized herein or as provided in the Documentation; or (c) Licensee’s failure to use any reasonable Workarounds or updates thereto provided by CData to address such problem. If a problem in the operation or performance of the Product is caused by the foregoing, then CData will notify Licensee promptly and the parties will address an appropriate resolution to the problem (including making a determination regarding whether any of the foregoing in fact affected the problem with the Product), which may, if agreed to by Licensee, include CData providing support on a time and materials basis to remedy such issues. If Licensee requests services beyond the maintenance and support described herein and CData provides such services, CData will have the right to invoice Licensee at CData’s then-current time and materials rates for the provision of such services.
5.Licensee Responsibilities. Licensee is responsible for all hardware, operating systems, network setup, network maintenance, and setup and use of any file access control systems required in the support of the Product. Licensee may be required to provide CData with a reproducible test case(s). In other cases, Licensee may be required to grant CData certain limited access rights to view Licensee's proprietary computer systems, subject to the confidentiality terms of the agreement between Licensee and CData, in order that CData may render Licensee support, such access limited to observing the system in a “read only” manner by sharing screens with the Licensee or similar “over the shoulder” views of Licensee’s system. Licensee is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the use of the Product.
6.Product Updates. To the extent made available to any other of CData’s customers during the Term, CData will make available to Licensee all software enhancement releases (which includes product feature and/or functionality modifications and enhancements) and software maintenance releases (which include error corrections and modifications to improve product reliability). CData shall provide all reasonable assistance to Licensee in installing and configuring such releases. CData will monitor the IT security industry, and our hardware and software vendors, for notification of new security vulnerabilities and shall provide releases as appropriate to address identified threats.