1. DEFINITIONS

1.1. “Error(s)” means a reproducible defect, problem, logical error or bug in the Platform that constitutes a failure to comply materially with the applicable Documentation or specification.

1.2. Maintenance and Support Services” means support and maintenance for the Platform as described herein.

1.3. “Support Term” means the term during which Maintenance and Support Services are provided to Customer for the Platform. Unless otherwise specified in an Order, the Support Term will be the same as the License Term for the applicable Platform.

1.4. “Update” means any code in any form, provided by Avathon, where such code is a bug fix, patch, error correction, or minor functionality additions or changes to the Platform, as identified by a change in the version number to the right of the decimal point.

1.5. “Upgrade” means any code in any form, related to the Platform, where such code provides substantial added functionality or enhancements, as identified by a change in the version number to the left of the decimal point.

 

2. TERM OF SUPPORT OBLIGATIONS

Avathon will provide Maintenance and Support Services set forth herein to Customer for each applicable Support Term.

 

3. CLASSIFICATION

The table below sets forth the methodology utilized by Avathon in triaging, evaluating, and addressing Customer and User problems related to the functionality of the Platform. Classification will be determined at Avathon’s sole discretion based on a variety of factors, including input obtained from the Customer and User.

Urgent: Urgent Problem affects time-critical applications with production work substantially degraded. Platform is completely unusable, and no known workaround is currently available. The affected system is a necessary component of the Customer’s production process.

High: Platform is significantly impaired such that the Customer’s key business processes are impaired. There might be a work around available, but workaround impacts Customer’s business.

Normal: Platform not functioning as designed; however, key business processes are not interrupted and there is minimal impact to the Customer’s ability to use the Platform for production purposes.

Low: Platform is functional; query relates to proposed feature enhancement.

 

4. RESPONSE EXPECTATIONS

In the event that Customer believes there is an Error in the Platform, Customer will communicate a reasonable description of the Error to Avathon’s support team. Avathon will acknowledge the notice with a ticket number (“ticket”) and assign appropriate resources to respond to the report as specified in the above response expectation table. The following response table specifies response targets that will be assigned to a Customer reported Error, based on the severity classification assigned to the report. Avathon will use commercially reasonable efforts to respond to Customer reported Errors in the estimated time frames set forth below.

 

Urgent: One-hour response between 8:00 AM and 5:00 PM Central Time Zone, Monday – Friday

High: Four-to-six hour response time between 8:00 AM and 5:00 PM Central Time Zone, Monday – Friday

Normal: Response by next business day

Low: Response within two business days

 

Web and Email Support

Customer may contact Avathon support using the following methods:

– Self Service Support Portal (Preferred method)

– Web-based support ticket system that allows Customer to submit cases online, update existing tickets, and track case status 24/7/365

– Provides access to Avathon’s knowledge base, which can be used on a self-service basis

– Currently, this support and ticket reporting is available at: https://www.Avathon.com/support/

 

Email

– Avathon support may be contacted by sending a detailed email to customer_support@Avathon.com

– Cases and questions may be submitted by email; however, the response times set forth above do not apply.

 

SUPPORTED SOFTWARE ERROR CORRECTION

Customer may document and report all suspected Errors in the Platform to Avathon’s case tracking system, or via phone or email, and must be available to participate with Avathon in its investigation. Avathon will acknowledge the notice with a ticket number and make commercially reasonable efforts to assign appropriate resources to resolve the problem or provide a workaround. Customer can use their ticket number to track the status of any confirmed Error or malfunction in the Platform. In the event that a confirmed Error is discovered in the Platform, Customer must provide a reasonable description of the Error to Avathon’s support team so that Avathon may classify the Error accordingly. Failure of Customer to respond to Avathon requests for a period of five business days may result in the support ticket being closed. Customer may create a new ticket at any time.

 

LIMITATIONS

Avathon is not required to resolve Errors or issues related to: (a) errors in Customer’s own products, User products or software, or third party products that are not due to Errors in the Platform, (b) service necessary due to accident, catastrophe, or negligence of Customer, or due to operator error, improper use of the Platform or attempted support by unauthorized persons; (c) causes external to the Platform, including faulty electrical power, hardware failure, or use of the Platform with hardware or software not supplied or recommended by Avathon; (d) Customer’s failure to 3 implement corrections, bug fixes, Updates or Upgrades supplied by Avathon which would correct the Error and were previously supplied to Customer by Avathon, or (e) modifications to the Platform made by or on behalf of Customer, or to any modifications made by any third party without Avathon’s express written authorization. Support Services do not include on-site support, system design and consulting (redesigning, reprogramming, or reconfiguring Customer’s network), software development, project management, facility management, user training, or support for incompatible products or third-party suppliers’ products.

 

MAINTENANCE

As part of basic Maintenance and Support Services, Avathon will provide Customer access to all generally available Updates and Upgrades to the Platform that are released during the Support Term. Avathon will provide to Customer copies of all Updates, Upgrades and related documentation when Avathon makes such Updates and Upgrades generally commercially available to licensees of the Platform under Maintenance and Support Services. Customer is responsible for making such Updates and Upgrades available to its Users.