3.1. Service Availability
By Service Availability this Policy shall mean the availability of Havelock Product(s) to the Customer for the purposes for which Customer had been licensed to use Havelock Product(s).
3.1.1. Havelock JSC goal shall be to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24×7 Availability”) except during times of Service Maintenance as set forth in Section 11 herein below. However, the Parties recognize that 24×7 Availability is only a GOAL, and Havelock cannot represent or guarantee that such a goal can be achieved.
3.1.2. Havelock JSC shall use reasonable efforts to achieve the target Service Availability оbjective of 98.8% network uptime except during scheduled Service Maintenance.
3.2. Support services
3.2.1. Havelock JSC shall provide helpdesk, every day during Business Hours for contacting in case of emergency and notifications of changes to the services provided, planned Service Maintenance or other incidents that will have an effect on the services provided.
3.2.2. Under normal circumstances access to the support structure will be made through defined online ticket system which is available 24x7x365.
3.2.3. The specific number of tickets per month is specified in the Individual Contract.
22.214.171.124. The unused tickets in a given month are not transferable to the following months.
126.96.36.199. Customer may request additional tickets, not included in the Individual contract as per the procedure described as part of this document.
3.2.4. The following support reaction times shall apply:
188.8.131.52. For High Priority Incidents (Havelock Product (s) down (meaning – not functional at all) or major operational problems (meaning – Havelock Product (s) functionality is decreased down to a level, whereby Havelock Product (s) cannot be used according to the Product description):
- the response time will be 60 minutes
- diagnose time will be 3 hours and
- work around time or fix will be 8 hours.
184.108.40.206. For Low Priority (minor operational problems) Incidents:
- the response time will be 24 hours
- diagnose time will be 48 hours and
- the work around time or fix will be 5 working days.
3.2.5. Support reaction times are measured only during Business Hours.
3.2.6. High Priority Incidents shall be subject to unlimited support services and support reaction, for the entire Subscription Term.
3.2.7. Apart from the reaction to High Priority Incidents, Support Reaction Times shall be measured by Havelock’ online ticket support system, which track all raised issues from initial reporting to resolution. In case the Customer does not raise an issue via this ticket support system, the Support Reaction Times shall not apply to that issue.
3.3. Service Maintenance
The maintenance windows will always be placed out of Business Hours. Maintenance windows will be communicated no later than 5 working days prior to the maintenance in question. In case there is a necessity of urgent Service Maintenance, Havelock JSC shall notify the Customer for the exact commencement and the duration of the Service Maintenance not later than one hour before the beginning of the respective maintenance.
The Customer is eligible to receive Major Updates (i.e., major revisions or new versions) to the Havelock Product(s) during the Subscription term, as stipulated within the Order Form. If for any reason, the Subscription term is terminated and later on renewed after more than one month after the date of the termination, the Customer is entitled to receive update at additional cost.
3.5. Exclusions and Limitations on Support of the Havelock Product(s)
3.5.1. Support is not available or provided hereunder for or related to:
220.127.116.11. Machine error;
18.104.22.168. Customer’s failure to follow operating instructions; Customer’s use of the Havelock Product(s) that is not in accordance with the Documentation;
22.214.171.124. Customer’s negligence or improper use of the Havelock Product(s) ;
126.96.36.199. Modifications to the Havelock Product(s) (including modifications to the original database schema) by any person or entity other than Havelock JSC;
188.8.131.52. Any data or software products other than the Havelock Product(s) , including, but not limited to, application programs, databases, files, source codes, object codes or proprietary data, or any configuration, installation or reinstallation of any third party products or data. The Customer is responsible for backing up copies of all Customer data and third party products prior to seeking support from Havelock JSC;
184.108.40.206. Any installation, deployment, or use of the Havelock Product(s) : (i) for any purpose(s) which Havelock determines in its sole discretion is/are unlawful, immoral, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any Party’s privacy or intellectual property rights; (ii) in any situation where failure or fault of the Havelock Product(s) could lead to death or serious bodily injury of any person, or to physical or environmental damage.
3.5.2. If it is determined by Havelock JSC in its sole discretion that the Customer has received support from Havelock JSC for which the Customer was not eligible or to which the above exclusions and limitations apply, Havelock JSC may assess and the Customer agrees to pay reasonable and appropriate fees for such support.
3.6. Support Incidents (tickets)
A single support incident (ticket) may involve communication through the electronic communication platform, integrated within the Havelock Product as well as and offline work in order to be resolved. The Customer agrees to provide Havelock JSC with detailed information about the issue encountered and cooperate with Havelock JSC requests for additional information as they attempt to resolve the issue. Havelock JSC support employees will make reasonable efforts to resolve Customer’s support issues; however, Havelock JSC does not guarantee that all support issues will be resolved. Bug reports and product feature suggestions are not considered support incidents, and Havelock JSC is not obligated to acknowledge or address such bug reports and/or product feature suggestions.