ECOS, LLC (“ECOS”) offers the following support relating to its online Software:
1) Support Provided
a) Support Hours. ECOS will provide telephone consultation and advice to Client and respond to email and fax messages sent to ECOS’s support department between the hours of 8 a.m. and 5 p.m., Central Time, Monday through Friday, excluding holidays.
b) Software Hosting. ECOS will arrange for the Software to be publicly available and accessible to Client at a website designated by ECOS. While ECOS will strive to ensure the website and Software are generally available outside of scheduled maintenance periods, ECOS cannot guarantee that the website and Software will always be available or accessible at any given time.
c) Updates. ECOS may update the Software from time to time as it deems appropriate, including changes and modifications to its appearance and functionality.
d) Limitations. Client acknowledges that ECOS is under no obligation to support any hardware or software that is not part of the Software. Client recognizes that the Software is provided via the Internet, and Client is responsible for obtaining all equipment and telecommunications services necessary for accessing the Software. Response times are based upon the severity level of Client’s problem, as determined by ECOS and described in Section 2 of this Exhibit.
2) Software Guidelines
a) Problem Classification. ECOS will assign a severity level to each problem reported by Client, based on the Problem Classification Table below. Severity 3 will be the default severity level, unless otherwise specified by ECOS’s support personnel. Severity levels are defined as follows:
Problem Classification Table
|Severity 1 (Critical)||The Software is completely unusable. The problem affects time-critical applications, without which production cannot proceed. No known workaround is currently available.|
|Severity 2 (Serious)||The Software is significantly impaired. The client cannot conduct its integral business processes. No known workaround is currently available.|
|Severity 3 (Degraded)||The Software is not functioning in accordance with its specifications. Client’s integral business processes, however, have not been interrupted.|
|Severity 4 (Minimal)||The Software problems have little or no impact on Client’s daily business process.|
b) Error Reporting and Response. For all (i) email and fax support and (ii) Client problems which cannot be resolved in an initial telephone support conversation, Client must provide ECOS with a reasonably detailed description of the problem by email or fax. ECOS will take the following steps, in accordance with the Response Expectation Tables below:
Step 1: ECOS will acknowledge Client’s problem and begin collecting additional information from Client.
Step 2: ECOS will actively address the problem during support hours (as specified above) and either resolve the matter or provide a temporary correction or workaround as soon as reasonably possible.
The client must provide (or has provided) ECOS with contact information for employees who will be available outside of Client’s normal business hours if any support will be provided at such times. ECOS will use reasonable efforts to respond to Client’s support problems during the response times indicated in the Response Expectation Table. ECOS will notify its support management and escalate the problem as necessary to provide proper support to resolve the problem based on its severity.
ECOS will respond as follows:
Response Expectation Table
|Severity||Step 1||Step 2|
|Severity 1 (Critical)||Response within 1 support hour.||Response to issue until completed.|
|Severity 2 (Serious)||Response within 1-2 support hour.||Response within 1-2 support hour.|
|Severity 3 (Degraded)||Respond within 2-4 support hours.||Respond to issue until completed.|
|Severity 4 (Minimal)||Respond within 4-8 support hours.||Respond to issue until completed.|