Technical Support Services
This document outlines the definitions of the Technical Support Services (the “Services”) referenced in Exhibit A of ACCELERIST’S Software License Agreement (the “Agreement”)
1. Email Support
1.1 ACCELERIST (“CONAME”) will provide Subscriber with email technical support (to and from members@accelerist.com) during the hours of 8:00 am to 5:00 pm CST, Monday – Friday, excluding holidays observed by CONAME.
1.2 Email support consists of assistance related to any technical problems that cause a Services interruption or poor operating performance. Email technical support does not include assistance with questions regarding best use or best practices of the Services. Subscriber may purchase training in accordance with other offerings CONAME provides.
2. Subscriber Obligations
2.1 Trained Contacts. Subscriber will appoint up to two individuals within Subscriber’s organization that are trained on the operation of the Services to our satisfaction to act as primary contacts between Subscriber and CONAME regarding the Services. Subscriber must initiate all requests through these contacts. Subscriber is solely responsible to ensure prompt notice to CONAME of the individuals who are replacing the trained individuals.
2.2 Error Reporting. Subscriber will document and promptly report all detected errors to CONAME at members@accelerist.com with sufficient detail to permit CONAME to reproduce the error. Subscriber will furthermore make available relevant staff to our Technical Support Services team for the purposes of troubleshooting the error. Subscriber will take reasonable steps to assist CONAME in recreating and diagnosing each error.
2.3 Good Standing. The provision of the Services by CONAME during the term of this Agreement is contingent upon the Subscriber’s full performance of its payment and other obligations under the Agreement. CONAME reserves the right, in addition to other remedies available, to suspend its provision of the Services for so long as Subscriber is not current with its obligations. This suspension of Services in no way alters the requirement of Subscriber to fully perform on its obligations under the Agreement.
3. Priority Error Definitions and Response Targets
4. Limitation of Support
The Initial Response Targets and Resolution Targets identified in the chart above are targets only and are not guarantees. CONAME shall not be liable (and shall not be deemed to have breached the Agreement) by failing to respond to errors within the Response Target timeframes or by failing to resolve errors within the Resolution Target timeframes, so long as CONAME makes commercially reasonable efforts to respond to and resolve the errors reported to it. Without limiting the foregoing, CONAME shall not be held responsible to the abovementioned Response Targets or Resolution Targets if (a) there is a delay or software error with any data provider, server, etc; or (b) if the error is caused by or the response time is delayed due to Subcriber’s third party system or due to the other acts or omissions of Subscriber.
The Services do not automatically renew, and operate separately from the Software License Agreement. CONAME may update the Services at any time in its sole and absolute discretion, upon written notice to Subscriber within 14 business days.