During the Subscription Term and upon SSN’s acceptance of an executed Order Form that specifies the Customer’s designated support plan for the applicable SSN Software (the “Covered Services”), Solid State Networks (“SSN”) shall provide the following support services to Customer, as may be reasonably requested by Customer. In the event of a conflict between the terms of the Support Plan and the terms of the SSN Customer Agreement (the “Agreement), the terms and conditions of the Support Plan apply but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1) Support Level Descriptions:
a) Basic Support: Forum access, documentation, and Support Request access for Covered Services.
(1) Access to the knowledge base and documentation located at https://www.solidstatenetworks.com/support/
(2) Access to the moderated support forums located at https://www.solidstatenetworks.com/support/, including the ability to post and reply to forum messages.
(3) Support Incidents related to the operational use of Covered Services during Regular Business Days and Hours.
ii) Basic Support Services do not include:
(1) System design, architecture, integration services, custom implementation or code development except as necessary for the development and deployment of Updates
(2) Support Incidents for Other Products or networks used in conjunction with any Covered Services
(3) Customer ability to initiate Support for issues not directly related to operational use of Covered Services except by upgrading to Standard or Premium support plan.
(4) Support for implementing or customizing the DIRECT client SDK.
(5) Guaranteed response times to Support
(6) Billing questions, which should be referred to email@example.com
b) Standard Support: Includes Basic Support, implementation and troubleshooting, plus a guaranteed response time for Support Requests related to Covered Services.
(1) Support Incidents related to the configuration, and usage of the Covered Services. These are general “how-to” questions.
(2) Troubleshooting and diagnosis of errors related to use of the Covered Services including the APIs.
(3) Troubleshooting and diagnosis of operational or systemic problems related to the use of the Covered Services.
(4) Maximum one Business Day response time for qualified Support Requests.
ii) Standard Support Services do not include, among other things:
(1) System design, architecture, integration services, custom implementation, or code development except as necessary for the development and deployment of Updates.
(2) Support for Other Products or networks used in conjunction with any Covered Services
(3) Support for configuration or customization of the DIRECT client SDK.
(4) Support outside of Regular Business Days and Hours.
(5) Billing questions, which should be referred to firstname.lastname@example.org
c) Premium Support: Includes Standard Support plus a Service Level Agreement with Correction Schedule on Support Incidents, Extended Business Hour support during Regular Business Days, support by phone and support for the DIRECT client SDK.
i) Service Level Agreement. Customers that have elected to receive Premium Support, as identified on an executed Order Form, may report Reproducible Errors (as defined below) to SSN in accordance with the below criticality levels, as determined by Customer. Customer may, at its discretion, extend any of the correction periods below. Such extension shall not be deemed a waiver of such correction periods for any future Error reported in the same category. By way of example only, extending the correction period for a specific Critical Bug shall not require that all subsequent Critical Bugs be provided with the extension to the correction period.
ii) Response and Correction Schedule. During the term of the Agreement, SSN shall use Reasonable Efforts to address Customer’s reports of Reproducible Errors and correct such Reproducible Errors as set forth below at no additional cost to Customer.
|Error Type||Priority Level||Response||Management Escalation||Correction Schedule|
|Urgent Issue||Urgent||Within 2 hours of SSN’s receipt of a request for assistance from Customer.||Immediate||To be determined by the nature of the assistance request.|
|Critical Error||High||Within four (4) hours following SSN’s receipt of a Reproducible Error.||Immediate||Prior to the end of the 5th Business Day following the Response.|
|Serious Error||Normal||Within the next Business Day following SSN’s receipt of a Reproducible Error.||2 Business Days||Prior to the close of the 10th Business Day following the SSN Response.|
|Minor Error||Low||Within 2nd Business Day following SSN’s receipt of a Reproducible Error.||SSN Discretion||To be included in a future release of a scheduled SSN Software update at the discretion of SSN.|
iii) Premium Support Services includes:
(1) SSN will provide such support for Covered Services under a Priority Level basis.
(2) All Support times referenced in Section 1(c)(ii) are during Regular Business Hours with the exception of Urgent and Critical Support Incidents.
(3) Customer shall provide reasonable access to necessary servers, computer systems, reporting and log data to permit SSN to provide support being requested under this Agreement. SSN’s ability to provide support may be contingent upon the ability to obtain such access.
(4) Non-Standard Support Services will follow the same Priority Level response as outlined in this Agreement; however, Customer will be billed as outlined in the Order Form or Statement of Work for Non-Standard Support services received.
(5) A dedicated Support Manager will be assigned by SSN. The Support Manager will be available by email and telephone to provide Status Updates on Customer reported Support Incidents, the availability of Updates and the coordination of SSN resources required to provide Non-Standard Support Services.
iv) Premium Support Services do not include, among other things:
(1) System design, architecture, integration services, custom implementation or code development except as necessary for the development and deployment of Updates;
(2) Support for Other Products, services or networks used in conjunction with any Covered Services;
(3) Support outside of Regular Business Days, except for operational use of Covered Services.
(4) Billing questions, which should be referred to email@example.com.
2) Limitations on Support Obligations – Notwithstanding anything to the contrary elsewhere in this Agreement, SSN will have no obligation to provide any support services to Customer:
a) For network access problems including, but not limited to WAN/LAN security policies, third party network access controls, ISP or CDN errors or outages, viruses associated with the network, malware associated with the network, bad modem or router hardware, network peering and/or routing failures;
b) To the extent such support relates to or involves any products, features, devices, services, software, systems or equipment not provided by SSN, including end user systems;
c) Where Customer or a third party directed by Customer has altered or modified any portion of the Covered Services in any manner without the prior written consent of SSN;
d)Where Customer has not installed or used the Covered Services in accordance with instructions provided by SSN, including failure to follow implementation procedures as outlined in the Documentation.
3) Named Support Seats– Customers must designate their Named Support Seats that are authorized to request support. Only Named Support Seats are permitted to submit support cases and interact directly with Premium Support personnel. Standard Support customers must designate at least one (1) Named Support Seat and may name up to the number included in the selected Solution Tier identified in the Order Form.
a) “Support Request” means a request for technical assistance submitted via SSN’s online support portal at https://www.solidstatenetworks.com/support/ or emailed to firstname.lastname@example.org by a Named Support Seat.
b) “Error” shall mean a defect and/or error within the Covered Services that causes the Covered Services to not operate in conformance with the Documentation shipped with the commercially released version of the Covered Services.
c) “Documentation” means instructions, diagrams, documents, articles, knowledgebase and documented responses from SSN support personnel pertaining to the functionality, implementation, operation, use and maintenance of the SSN Software.
d) “Reasonable Efforts” means, with respect to the goal of adhering to the Correction Schedule, the efforts consistent with the practice of comparable software companies and with respect to comparable software products, which a reasonable person in the position of SSN would use so as to achieve that goal as expeditiously as possible.
e) “Reproducible Error” shall mean an Error that has been successfully reproduced internally by Customer, and either (i) each of the required steps to reproduce the defect and/or error have been recorded and provided to SSN such that SSN can replicate the error in its internal testing environment; or (ii) Customer has provided SSN the ability to remotely observe and inspect a Customer computer system that reproduces the defect and/or error.
f) “Response” shall mean SSN’s acknowledgment to Customer that a Reproducible Error has been received and its initial assessment of the Error reported by Customer.
g) “Critical Bug” shall mean an Error that (i) causes Covered Services currently in Production, or a Project instantiated by the Covered Services in Production, to crash (malfunction) affecting five percent (5%) or more of end users and for which there is no known workaround;
h) “Serious Bug” shall mean an Error that either (i) causes the Covered Services or a Customer Project instantiated by the Covered Services, to crash (malfunction) affecting less than five percent (5%) of end users for which there is no known workaround, or if affecting more than five percent (5%) a workaround has been identified by Customer or has been provided to Customer by SSN; or (ii) substantially degrades the performance, usability or appearance of a Project instantiated by the Covered Services.
i) “Minor Bug” means an Error that causes either (i) a less than substantial degradation in the performance, usability or appearance of the Covered Services or (ii) a Customer Product instantiated by the Covered Services to crash (malfunction), which unless corrected could result in a delay to an internal Customer milestone related to the development or release of a Project where the technical requirements and timelines were previously communicated to SSN.
j) “Production” shall refer to Covered Services that is actively in use and publicly available for the purposes of distributing the Project or updates to the Project to Customer’s end users.
k) “Urgent Issue” shall mean any emergency, as determined by Customer, which requires immediate attention by or information from SSN.
l) “Non-Standard Support Services” means any support provided to Customer for issues not caused by Covered Services or 3rd Party Products provided by SSN to Customer when services are provided to customer during Regular Business Days and Regular Business Hours.
m) “Emergency Non-Standard Support Services” means any support provided to Customer for issues not caused by Covered Services or 3rd Party Products provided by SSN to Customer when services are provided outside Regular Business Days and Regular Business Hours.
n) “Status Update” means communication provided to the customer if an issue cannot be immediately resolved.
o) “Management Escalation” means any time management must be notified of issue reported to SSN Support Team.
p) “Named Support Seats” means Customer’s designated personnel that have been registered with SSN as being authorized to request support services on behalf of the Customer.
q) “Regular Business Days” means SSN’s Business Hours Monday through Friday, except days designated as company holidays and listed in SSN’s online support portal at https://www.solidstatenetworks.com/support/.
r) “Regular Business Hours” means hours between 09:00 – 17:00 MST on Regular Business Days.
s) “Extended Business Hours” means hours after 17:00 and before 09:00 MST on Regular Business Days.
t) “Other Products” means Computer programs, hardware, documentation, services or other product licensed by an entity other than SSN, and is not included with the SSN Covered Services.
u) “Support Incident” means a specific, discrete issue that can be addressed by isolating its origin to a single cause. SSN, in its sole discretion, will determine what constitutes a Support Incident. A Support Incident has reached resolution when the customer receives one of the following:
vi) Information that isolates issue to a third-party Product, not supported by SSN.
Solid State Networks | Support Plan | v.SP122018v1