1. General
OpenCounter (“OpenCounter“) will provide the technical support and services and maintenance (collectively, “Support Services“) for its hosted software solution (the “Hosted Services“) to licensees of the Hosted Services (each such licensee, a “Customer”) in accordance with the terms of this Support Services Policy. OpenCounter may update this Support Services Policy from time to time and may notify Customers of changes by any reasonable means, including without limitation, by notifying Customers at the email address OpenCounter has for such Customers in its files or by posting the revised version of this Support Services Policy, which changes will become effective immediately upon the transmission of such email or posting, whichever occurs first. Customers can determine when Support Services Policy was last revised by referring to the “Updated” legend at the top of this Support Services Policy. Please return to this page periodically to ensure familiarity with the most current version of this Support Services Policy.
2. Language and Scope
OpenCounter provides Support Services in the English language only and only to the designated support contacts of Customer (“Support Contacts“). Any feature requests or enhancements will not be included within the scope of the Support Services.
3. Technical Support
OpenCounter will provide technical support, solely to the Support Contacts, regarding the operation of the features and functionality of the Hosted Services, via phone during OpenCounter’s standard support hours, or via email at support@opencounter.com.
Customer will also have access to the knowledge base for the Hosted Services made available by OpenCounter at http://help.opencounter.com/.
4. Support Hours
OpenCounter’s support hours are Monday through Friday, 6:00 AM to 4:00 PM Pacific Time, excluding federal holidays.
5. Reporting of Errors or Malfunctions
Customer’s Support Contacts will promptly report any error or malfunction of the Hosted Services to OpenCounter via phone during Support Hours, or via email at support@opencounter.com. Customer will provide materials information pertaining to the reported error or malfunction and will assist and be available to OpenCounter’s support personnel to diagnose and resolve the error or malfunction. Customer may be asked to provide the following information regarding a reported error or malfunction: detailed description of problem and steps to reproduce, media (log files, screenshots, etc.), and impact of issue (technical or business implication). OpenCounter will use commercially reasonable efforts to resolve a Confirmed Error and will respond to Customer’s reporting of the error or malfunction, based on the severity level determined by OpenCounter, during its support hours in accordance with Table 1 below. A “Confirmed Error” means a material error or malfunction in the Hosted Services (which is not caused or attributable to an Exclusion) and which makes the Hosted Services not perform in accordance with the relevant specifications applicable to the Hosted Services (as set forth in the agreement between Customer and OpenCounter). Customer acknowledges that the time required for resolution of a Confirmed Error may vary depending on the specific circumstances thereof, including, without limitation, the nature of the Confirmed Error, the extent and accuracy of information available about the Confirmed Error, and the level of Customer’s cooperation and responsiveness in providing materials, information, access and support reasonably required by OpenCounter to achieve problem resolution. OpenCounter does not guarantee that it will resolve Confirmed Errors within the response times listed in Table 1 below or that every problem or issue reported by Customer will be resolved. OpenCounter may address correction of Confirmed Errors through a number of mechanisms including workarounds, including workarounds, support releases, patches, or other suitable forms of fixes or workarounds. If a reported error or malfunction is determined by OpenCounter not to be a Confirmed Error, Customer may, at its option, request that OpenCounter spend time to further investigate the unconfirmed error or malfunction at OpenCounter’s then-current hourly engineering rates, with a 2-hour minimum charge per occurrence.
Table 1
| Severity Level | Definition | Response Time |
|---|---|---|
| Severity 1 | Confirmed Error is causing a catastrophic production problem which severely impacts the Hosted Services, or in which the Hosted Services are completely down or not functioning and no procedural work around exists. | 12 Hours |
| Severity 2 | Hosted Services are functioning but in a severely reduced capacity due to the Confirmed Error. | 1 Business Day |
| Severity 3 | Hosted Services are functioning but experiencing a medium-to-low problem which involves partial non-critical functionality loss, limited loss or no loss of functionality. | 3 Business Days |
6. Exclusions
The Support Services do not include services requested in connection with any Exclusions or otherwise as a result of causes or errors that are not attributable to the Hosted Services. “Exclusions” mean errors or malfunctions (a) attributable to unauthorized access or use the Hosted Services; (b) caused by or attributed to software, hardware, systems or other materials of Customer or third parties; (c) caused by modifications made to the Hosted Services which are not authorized by OpenCounter; and/or (d) misuse of the Hosted Services by end users or Customers.