The following Schedule of Support Services (the “Schedule”) outlines the support services available to Customers of DAKCS Software Systems, Inc. (“DAKCS”) pursuant to Section 5.7 of the Software as a Service Agreement (the “SaaS Agreement”) between DAKCS and Customer.
1. Definitions
The following terms have the meanings indicated. Capitalized terms not defined herein are defined in the Software as a Service Agreement.
- “Documentation” means the designated final user manuals, handbooks, online materials, specifications or forms furnished by DAKCS that describe the features, functionality or operation of the DAKCS System.
- “Error” means a reproducible defect in the DAKCS System when operated on a Supported Environment, which causes the DAKCS System not to operate substantially in accordance with the Documentation.
- “DAKCS System” means the current release of the DAKCS software as used in accordance with all applicable terms.
- “Resolution” or “SLO” means a modification or workaround to the DAKCS System and/or Documentation provided by DAKCS to Customer intended to resolve an Error.
- “Supported Environment” means any hardware, operating system, or web browser platform which DAKCS supports for use with the DAKCS System.
- “Update” means a release of the software which DAKCS generally makes available to its customers at no additional fee. Updates shall not include any release, option or future product which DAKCS offers separately for an additional fee. At the sole discretion of DAKCS, periodic updates to the DAKCS System may incorporate (a) corrections of any substantial Errors, (b) fixes of any minor bugs, and (c) enhancements to the DAKCS System.
2. Support Availability
- Support Hours Availability. So long as Customer is current in the payment of all required fees, Customer shall be entitled to unlimited telephone support from DAKCS’s offsite call center during the hours of 6:00 a.m. to 6:00 p.m. Mountain Time, Monday through Friday. Support during any hours other than those indicated above requires advance notification and will be subject to DAKCS’ then current hourly maintenance rate. If Customer is delinquent in payment of any fees owed to DAKCS, Customer may only request support from DAKCS on an “as available” basis for an hourly fee in the amount of 150% of DAKCS’s then current hourly maintenance rate.
3. Exceptions
4. User Responsibilities
The following terms have the meanings indicated. Capitalized terms not defined herein are defined in the Software as a Service Agreement.
- Supervision and Management. Customer is responsible for undertaking the proper supervision, control and management of its use of the DAKCS System, including, but not limited to: (a) assuring proper Supported Environment configuration, DAKCS System installation and operating methods; and (b) following industry standard procedures for the security of data, accuracy of input and output, including restart and recovery in the event of hardware or software error or malfunction.
- Training. Customer is responsible for proper training of all appropriate personnel in the operation and use of the DAKCS System and associated equipment.
- Service Access. Customer will provide to DAKCS access to its systems used to connect to the DAKCS System covered by this Support Services Schedule via the Internet or other mutually agreeable means for purposes of providing Support Services. If Customer does not provide DAKCS with access to its systems, DAKCS may not be able to provide support services to Customer.
