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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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3/22/2022 4:14:20 PM
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3/22/2022 4:14:02 PM
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Board of Public Works
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3/22/2022
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3/22/2022 4:14 PM
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3/22/2022 4:14 PM
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Master License Agreement Page 11 of 16 <br />SCHEDULE B <br />MAINTENANCE AND SUPPORT SERVICES <br />1.DESCRIPTION OF SUPPORT <br />A.Remedial Support <br />Licensee may contact BlueConduit’s Support Center HOTLINE for Remedial Support (as defined herein), <br />via telephone at 248-761-2005 and/or via email at Support@BlueConduit.com (collectively the “Support <br />Center HOTLINE”) to request Remedial Support of the Software. This request shall include an estimate of <br />the severity level. The Support Center HOTLINE operates during business hours, 8 AM – 5 PM Eastern <br />Time (US), Monday through Friday, excluding legal holidays. Extended coverage is available for an <br />additional fee. The Support Center HOTLINE may also be used to notify BlueConduit of problems <br />associated with the Software. <br />Upon receipt by BlueConduit of notice from Licensee through the Support Center HOTLINE that the <br />Software has failed to perform substantially in accordance with the Documentation (an “Error”), BlueConduit <br />will provide remedial support to address such Errors in accordance with the severity levels defined in this <br />section (“Remedial Support”). BlueConduit will determine the actual severity level and respond, with <br />appropriately qualified personnel, and rectify such Error in accordance with the severity of the problem, as <br />defined below: <br />Severity 1: Produces an emergency situation in which the Software is inoperable or fails catastrophically. <br />RESPONSE: BlueConduit will provide a response by a qualified member of its staff to begin to diagnose <br />and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via <br />telephone or email will be provided within two (2) business hours. <br />SOLUTION: BlueConduit will continue to provide commercially reasonable efforts to resolve Severity 1 <br />problems in less than two (2) business days provided that Licensee responds promptly to BlueConduit’s <br />Support Center HOTLINE questions related to the problem. The resolution will be delivered to Licensee as <br />a workaround or as an emergency Software fix (“Workaround”). If BlueConduit delivers an acceptable <br />Workaround, the severity classification will drop to Severity 2 or 3. <br />Severity 2: Produces a detrimental situation in which performance (throughput or response) of the Software <br />degrades substantially under reasonable loads, such that there is a severe impact on use; the Software is <br />usable, but materially incomplete; one or more mainline functions or commands is inoperable; or the use is <br />otherwise significantly impacted. <br />RESPONSE: BlueConduit will provide a response by a qualified member of its staff to begin to diagnose <br />and to correct a Severity 2 problem as soon as reasonably possible, but in any event a response via <br />telephone or email will be provided within four (4) business hours. <br />SOLUTION: BlueConduit will exercise commercially reasonable efforts to resolve Severity 2 problems <br />within five (5) business days provided that Licensee responds promptly to BlueConduit’s Support Center <br />HOTLINE questions related to the problem. The resolution will be delivered to Licensee in the same format <br />as Severity 1 problems. If BlueConduit delivers an acceptable Workaround for a Severity 2 problem, the <br />severity classification will drop to Severity 3. <br />Severity 3: Produces an inconvenient situation in which the Software is usable, but does not provide a <br />function in the most convenient or expeditious manner, and the Authorized End User suffers little or no <br />significant impact. <br />RESPONSE: BlueConduit will provide a response by a qualified member of its staff to begin to diagnos e <br />and to correct a Severity 3 problem as soon as reasonably possible, but in any event a response via <br />telephone or email will be provided within four (4) business hours. <br />SOLUTION: BlueConduit will exercise commercially reasonable efforts to resolve Sever ity 3 problems <br />within five (5) business days provided that Licensee responds promptly to BlueConduit’s Support Center
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