Agreement - Software Renewal for WaterTrax Software Subcription Renewal - Aquatic Informatics Inc.

Home Browse Search

DocuSign Envelope ID: 6B6C5015-5447-4954-AF4B-70129A28775D 2.2 2.3 3.0 3.1 Support Service Level Agreement 1 1 business day or sooner 2 business days 2 1business day, 3 business days 3 1 business day 10 business days 4 1 business day At Al's discretion 5 At Al's discretion At Al's discretion (a) Initial Response and Target Time to Resolution time periods start once a case is logged in Al's Support Portal, (b) Resolution times may exceed the Target Time to Resolution time targets depending on the complexity involved in determining the root cause of the case and the complexity of finding a resolution for it. Should this situation arise for priority 1 or 2 cases, the Customer will be provided a credit towards their next Annual Subscription Fee calculated as follows: a. Credit = Annual Subscription Fee X ((Number of business days in excess of Target Time in a given Subscription Term) / (Total Number of business days in the same Subscription Term)) (c) The credit for any Subscription Term cannot exceed the Annual Subscription Fee. (d) Subscription Term Credits can only be used as a rebate toward the purchase of a subsequent Subscription Term and otherwise has no cash value. (e) Subscription Term Credits are Subscriber's sole remedy if resolution times exceed the Target Time to Resolution. Resolution of Service ffering_Ano01 y. A Service Offering anomaly will be considered to be resolved when: (a) the Service Offering is working in substantial accordance with the Documentation when operated on the supported hardware, operating system and peripheral as designated by Al; or (b) Al has advised the Customer of one of the following: (i) how to correct or bypass the Service Offering anomaly; (ii) that the anomaly falls within an exception to this Agreement. EXCEPTIONS Sport and Maintenance Exclusions. Maintenance and Support Services are not provided for and do not apply to: (a) third party software and middleware or services; (b) when the Customer is in breach of this Agreement or any other agreement between the Company and the Customer; (c) Service Offerings that are improperly implemented; (d) Hardware, peripherals (including printers) or software other than the Service Offering; (e) Anomalies in the Service Offering that are not reproducible; or (f) Anomalies, damage or problems in the Service Offering or its operation caused by: i. an incompatible or non-functioning configuration, operating system or hardware system; ii. accident, abuse or misapplication for which Al is not responsible; iii. malfunction or non-performance of products supplied by third parties; iv. use contrary to its intended purpose or contrary to the Documentation; or V. any other matters beyond Al's control. Aquatic Informatics Services Renewal Agreement