STPL Software Technical Support Policies

OVERVIEW

Unless otherwise stated, these Software Technical Support Policies apply to technical support for all STPL software product lines.

“You” and “your” refers to the individual or entity that has ordered technical support from STPL or an STPL-authorized distributor.

To receive technical support as provided by STPL Support Services (“SSS”) as described in these STPL Software Technical Support Policies, all programs must be properly licensed.

Technical support is provided for issues that are demonstrable in the currently supported release(s) of an STPL licensed program, running unaltered, and on a certified hardware, database and operating system configuration, as specified in your order or program documentation.

These Technical Support Policies are subject to change at STPL’s discretion; however STPL policy changes will not result in a material reduction in the level of the services provided for supported programs during the support period (defined below) for which fees for technical support have been paid.

SUPPORT TERMS

Technical Support Fees

Technical support fees are due and payable annually in advance of a support period. Your commitment to pay is required to process your technical support order with STPL (e.g., purchase order, actual payment, or other approved method of payment). An invoice will be issued only upon receipt of your commitment to pay, and will be sent to a single billing address that you designate. Failure to submit payment will result in the termination of support.

Support Period

Technical support is effective upon the effective date of your ordering document unless stated otherwise in your ordering document. Unless otherwise stated in the ordering document, STPL technical support terms, including pricing, reflect a 12 month support period (the “support period”). All technical support services ordered for a support period and the related fees are non-cancelable and non-refundable. STPL is not obligated to provide technical support beyond the end of the support period.

License Set

A license set consists of (i) all of your licenses of a program, including relevant documentation

Matching Service Levels

When acquiring technical support, all licenses in any given license set must be supported under the same technical support service level (e.g., Software Update License & Support or unsupported). If you add Extended Support, you still must maintain Software Update License & Support for the entire license set; subject to availability, you must acquire Extended Support for all licenses of a particular version release of a program if you acquire Extended Support for any license in such version release. You may not support a subset of licenses within a license set; the license set must be reduced by terminating any unsupported licenses. You will be required to document license terminations via a termination letter.

Reinstatement of STPL Technical Support

If technical support lapses or was not originally purchased with a program license, a reinstatement fee will be assessed. The reinstatement fee is computed as follows: a) if technical support lapsed, then the reinstatement fee is 150% of the last annual technical support fee you paid for the relevant program; b) if you never acquired technical support for the relevant programs, then the reinstatement fee is 150% of the net technical support fee that would have been charged if support had been ordered originally for the relevant program per STPL’s Support pricing policies in effect at the time of reinstatement. The reinstatement fee in (a) shall be prorated from the date technical support is ordered back to the date technical support lapsed. The reinstatement fee in (b) shall be prorated back to the original program license order date.

In addition to the reinstatement fee described above, you must pay the technical support fee for the support period. This technical support fee is computed as follows: (i) if technical support lapsed, then the technical support fee for a twelve month support period shall be the last annual technical support fee you paid for the relevant program; (ii) if you never acquired technical support for the relevant program, then the annual technical support fee shall be the fee that would have been charged if support had been ordered originally for the relevant program per STPL’s Support pricing policies in effect at the time of reinstatement. Renewal adjustments may be applied to the annual support fee described in (i) and (ii) above.

If you previously acquired technical support from an STPL-authorized distributor and are now acquiring technical support directly from STPL, an uplift may be added to the reinstatement fee and your technical support fee. If support is not reinstated for the entire license set or if support for a subset of licenses from an ordering document is reinstated, then the “License Set”, “Matching Service Levels”, and “Pricing following Reduction of Licenses or Support Level” policies will apply.

Pricing following Reduction of Licenses or Support Level

Pricing for support is based upon the level of support and the volume of licenses for which support is ordered. In the event that a subset of licenses on a single order is terminated or if the level of support is reduced, support for the remaining licenses on that license order will be priced at STPL’s list price for support in effect at the time of termination or reduction minus the applicable standard discount. Such support price will not exceed the previous support fees paid for both the remaining licenses and the licenses being terminated or unsupported, and will not be reduced below the previous support fees paid for the licenses continuing to be supported. If the license order from which licenses are being terminated established a price hold for additional licenses, support for all of the licenses ordered pursuant to the price hold will be priced at STPL’s list price for support in effect at the time of reduction minus the applicable standard discount.

Custom Application Bundles

Technical support may not be discontinued for a single program module within a custom application bundle.

Unsupported Programs

Customers with unsupported programs are not entitled to download or receive updates, maintenance releases, patches, telephone assistance, or any other technical support services for unsupported programs. CD packs or programs purchased or downloaded for trial use, use with other supported programs, or purchased or downloaded as replacement media may not be used to update any unsupported programs.

Technical Contacts

Your technical contacts are the sole liaisons between you and SSS for technical support of programs. Your technical contacts must have, at a minimum, initial basic product training and, as needed, supplemental training appropriate for specific role or implementation phase, specialized product usage, and/or migration. Your technical contacts must be knowledgeable about the STPL programs and your STPL environment in order to help resolve system issues and to assist STPL in analyzing and resolving service requests. When submitting a service request, your technical contact must have a baseline understanding of the problem you are encountering and an ability to reproduce the problem in order to assist STPL in diagnosing and triaging the problem. To avoid interruptions in support services, you must notify SSS whenever technical contact responsibilities are transferred to another individual.

With the order of Software Update License & Support, you may designate one (1) primary and four (4) backup individuals (“technical contact”) per license set, to serve as liaisons with SSS. With each USD$250,000 in net support fees per license set, you have the option to designate an additional two (2) primary and four (4) backup technical contacts. Your primary technical contact shall be responsible for (i) overseeing your service request activity, and (ii) developing and deploying troubleshooting processes within your organization. The backup technical contacts shall be responsible for resolving user issues. You may be charged a fee to designate additional technical contacts.

STPL may review service requests logged by your technical contacts, and may recommend specific training to help avoid service requests that would be prevented by such training.

Program Updates

“Update” means a subsequent release of the program which STPL generally makes available for program licenses to its supported customers at no additional license fee, other than shipping charges if applicable, provided you have ordered a technical support offering that includes software updates for such licenses for the relevant time period. Updates do not include any release, option or future program that STPL licenses separately. Updates are provided when available (as determined by STPL) and updates may not include all versions previously available for a program acquired by STPL. STPL is under no obligation to develop any future programs or functionality. Any updates made available will be delivered to you, or made available to you for download. If delivered, you will receive one update copy for each supported operating system for which your program licenses were ordered. You shall be responsible for copying, downloading and installing the updates.

Payment Plan, Financing, and Leasing Agreements

Technical support fees due under payment plans, financing or leasing agreements between you and STPL or an STPL affiliate (“payment plan”) are due and payable in accordance with the terms and conditions of such payment plan, but the technical support shall be ordered pursuant to the terms of the applicable ordering document.

Premier Support

Premier Support consists of the following service levels:

• Premier Support (also referred to as, and will be documented on your ordering document as, “Software Update License & Support”)

• Extended Support (if offered)

• Sustaining Support

A description of the services available under Premier Support, Extended Support and Sustaining Support is included in the STPL Technical Support Levels section below.

When offered and except as noted below, Premier Support will be available for five years from the date a release of the STPL program becomes generally available.

If offered, support may be extended for an additional three years with Extended Support for specific releases Except as noted below, in addition to the technical support fee, an Extended Support fee applies for each support period for which Extended Support is purchased.

Alternatively, and if offered, support may be extended with Sustaining Support, which will be available for as long as you maintain technical support for your STPL program licenses.

Right to Desupport

It may become necessary as a part of STPL’s product lifecycle to desupport certain program releases and, therefore, STPL reserves that right. However, program releases that are expressly identified within STPL’s Premier Support policy will be governed by the terms of the Premier Support Policy. Desupport information is subject to change.

First and Second Line Support

You are required to establish and maintain the organization and processes to provide “First Line Support” for the supported programs directly to your users. First Line Support shall include but not be limited to (i) a direct response to users with respect to inquiries concerning the performance, functionality or operation of the supported programs, (ii) a direct response to users with respect to problems or issues with the supported programs, (iii) a diagnosis of problems or issues of the supported programs, and (iv) a resolution of problems or issues of the supported programs.

If after reasonable commercial efforts you are unable to diagnose or resolve problems or issues of the supported programs, you may contact STPL for “Second Line Support”. You shall use commercially reasonable efforts to provide STPL with the necessary access (e.g., access to repository files, log files, or database extracts) required to provide Second Line Support; however please do not provide STPL with access to any health, payment card, or other sensitive data that requires protections greater than those specified in the Global Customer Support Security Practices Section below.

Second Line Support shall consist of (i) a diagnosis of problems or issues of the supported programs and (ii) reasonable commercial efforts to resolve reported and verifiable errors in supported programs so that such supported programs perform in all material respects as described in the associated documentation.

STPL may review service requests logged by your technical contacts, and may recommend specific organization and process changes to assist you with the above recommended standard practices.

Third Party Vendor-Specific Support Terms

You must remain on a supported environment – including applications and platforms – to receive technical support. If a vendor retires support for its product, you may be required to upgrade to a current certified and supported product, application, hardware platform, framework, database, and/or operating system configuration to continue receiving technical support services from STPL.

Warranties, Disclaimers, and Exclusive Remedies

STPL warrants that technical support services will be provided in a professional manner consistent with industry standards. You must notify STPL of any technical support services warranty deficiencies within 30 days from performance of the defective technical support services.

FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND STPL’S ENTIRE LIABILITY, SHALL BE THE REPERFORMANCE OF THE DEFICIENT TECHNICAL SUPPORT SERVICES, OR IF STPL CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT TECHNICAL SUPPORT SERVICES AND RECOVER THE FEES PAID TO STPL FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES.

TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. STPL’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID STPL UNDER YOUR ORDER, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF TECHNICAL SUPPORT SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID STPL FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES GIVING RISE TO THE LIABILITY.

Nondisclosure

By virtue of your order, the parties may have access to information that is confidential to one another (“confidential information”). We each agree to disclose only information that is required for the performance of obligations under your order. Confidential information shall be limited to the terms and pricing under your order and all information clearly identified as confidential at the time of disclosure.

A party’s confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

We each agree to hold each other’s confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under your order in any legal proceeding arising from or in connection with your order or disclosing the confidential information to a federal or state governmental entity as required by law.

STPL TECHNICAL SUPPORT LEVELS

Software Update License & Support

Program releases in the Premier Support phase of STPL’s product support lifecycle will receive Software Update License & Support. Software Update License & Support consists of:

  • Program updates, fixes, security alerts and critical patch updates
  • Tax, legal and regulatory updates (availability may vary by country and/or program)
  • Upgrade scripts
  • Major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates
  • Assistance with service requests 8 hours per day, 5 days a week

Extended Support

Extended Support may be available for certain STPL program releases after Premier Support expires. When Extended Support is offered, it is generally available for three years following the expiration of Premier Support and only for the terminal patchset release of a program.

Program releases eligible for Extended Support will receive Software Update License & Support limited to the following, except as specified below for STPL Program releases:

  • Program updates, fixes, security alerts, and critical patch updates
  • Tax, legal and regulatory updates (availability may vary by country and/or program)
  • Upgrade scripts
  • Major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates
  • Assistance with service requests 8 hours per day, 5 days per week

Sustaining Support

Sustaining Support will be available after Premier Support expires. Program releases eligible for Sustaining Support will receive Software Update License & Support limited to the following, except as specified below for STPL program releases:

  • Program updates, fixes, security alerts, and critical patch updates created during the (i) Premier Support period, (ii) Extended Support period for those customers who acquired Extended Support. Customers who do not maintain Extended Support but acquire Sustaining Support will receive the items listed in (i) immediately above, as well as items listed in (ii) but only after the Extended Support period ends.
  • Tax, legal, and regulatory updates created during the Premier Support period (availability may vary by country and/or program)
  • Upgrade scripts created during the Premier Support period
  • Major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates
  • Assistance with service requests, on a commercially reasonable basis, 8 hours per day, 5 days a week

Sustaining Support does not include:

  • New program updates, fixes, security alerts, and critical patch updates
  • New tax, legal, and regulatory updates
  • New upgrade scripts
  • Certification with new third party products/versions
  • 24 hour commitment and response guidelines for Severity 1 service requests as defined in the Severity Level section below
  • Previously released fixes or updates that STPL no longer supports

Because program releases supported by Sustaining Support are no longer fully supported, information and skills regarding those releases may be limited. The availability of hardware systems to run such program releases may also be limited.

Service Request Packages

Service Request Packages are made available to members of the STPL Partner Network. Service Request Packages provide web-based technical support in packages of 10 or 25 service requests, do not include updates, and are not available for all programs.

Service Request Packages are valid for one year from the date of purchase. Any unused service request(s) will expire at the earlier of the end of such year. Access to log service requests will be restricted at the same time the final service request is resolved.

TOOLS USED TO PERFORM TECHNICAL SUPPORT SERVICES

STPL may make available collaboration tools (such as tools that enable STPL, with your consent, to access your computer system (e.g., STPL Web Conferencing)) and software tools (such as tools to assist in the collection and transmission of configuration data (e.g., STPL Configuration Manager)) to assist with issue resolution. The tools are licensed under the STPL Support Terms of Use, and may be subject to additional terms provided with the tools. Some of the tools are designed to collect information concerning the configuration of your computer environment (“tools data”). The tools will not access, collect or store any personally identifiable information (except for technical support contact information) or business data files residing in your computer environment. By using the tools, you consent to the transmission of your tools data to STPL for the purposes of providing reactive and proactive technical support services. In addition, the tools data may be used by STPL to assist you in managing your STPL product portfolio, for license and services compliance and to help STPL improve upon product and service offerings.

Some of the tools may be designed to connect automatically or on a periodic basis and you may not receive a separate notice upon connection. You are responsible for maintaining the telecom gateway through which the tools communicate tools data to STPL. Use of the tools is voluntary; however, refusal to use the tools may impede STPL’s ability to provide technical support services to you.

You may also contact your STPL sales representative or call your local Customer Support office for more details regarding the tools and availability.

If STPL expressly provides in the tools documentation, technical support policies, an ordering document, or readme that a tool is provided under separate license terms (“Separate Terms”) then the Separate Terms shall govern your access and use of the tool. Embedded third party software, or third party software, licensed under Separate Terms (for example Mozilla and LGPL) may be required to access or run the tools per the tools documentation or readme. Your rights to use a tool or software licensed under Separate Terms shall not be restricted or modified in any way by your agreement with STPL.

SEVERITY DEFINITIONS

Service requests for all other supported STPL programs may be submitted by you online through STPL’s web-based customer support systems or by telephone. The service request severity level is selected by you and STPL and should be based on the following severity definitions:

Severity 1

Your production use of the supported programs is stopped or so severely impacted that you cannot reasonably continue work. You experience a complete loss of service. The operation is mission critical to the business and the situation is an emergency. A Severity 1 service request has one or more of the following characteristics:

  • Data corrupted
  • A critical documented function is not available
  • System hangs indefinitely, causing unacceptable or indefinite delays for resources or response
  • System crashes, and crashes repeatedly after restart attempts

Reasonable efforts will be made to respond to Severity 1 service requests within one (1) hour.

STPL’s Commitment to Severity 1 Service Requests for all supported STPL programs, except as otherwise specified below: SSS will work until the issue is resolved or as long as useful progress can be made. You must provide SSS with a contact during this period, either on site or by phone, to assist with data gathering, testing, and applying fixes. You are requested to propose this severity classification with great care, so that valid Severity 1 situations obtain the necessary resource allocation from STPL.

Severity 2

You experience a severe loss of service. Important features are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

Severity 3

You experience a minor loss of service. The impact is an inconvenience, which may require a workaround to restore functionality

Severity 4

You request information, an enhancement, or documentation clarification regarding your software but there is no impact on the operation of the software. You experience no loss of service. The result does not impede the operation of a system.

CONTACT INFORMATION

Phone numbers and contact information can be found on STPL’s support web site.

http://help.stplglobal.com

STPL Service Level Agreement

Following is the description of maintenance services that STPL provides as a part of the solution

 

  1. Support Services. During the term of the service STPL will provide support described herein so as to maintain the solution in good working order, keeping it free from material defects so that the solution shall function properly.
  2. Service Response. STPL will make available a Support Center Hotline Number for calls requesting service of the solution. The Support Center HOTLINE operates during business hours, 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal/public holidays. Extended coverage is available for an additional fee. The HOTLINE can also be used to notify STPL of problems associated with the solution.
  3. Remedial Support. Upon receipt by STPL  of notice of issues through the Support Center HOTLINE of any error, defect, malfunction or nonconformity in the solution, STPL  shall respond as provided below:

Severity 1: Produces an emergency situation in which the Solution is inoperable, Produces incorrect results, or fails catastrophically.

RESPONSE: STPL will provide a response by a qualified member of its staff to begin to                        diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via telephone will be provided within Two (2) hours. STPL will continue to provide best efforts to resolve Severity 1 problems in less than Seventy-Two (72) hours. The resolution will be delivered to the client as a work-around or as an emergency software fix. If STPL delivers an acceptable work-around, the severity classification will drop to a Severity 2.

Severity 2: Produces a detrimental situation in which performance (throughput or response) of the Solution degrades substantially under reasonable loads, such that there is a severe impact on use; the  Solution is usable, but materially incomplete; one or more mainline functions or commands is inoperable; or the use is otherwise  significantly impacted.

RESPONSE: STPL will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonable possible, but in any event a   response within Eight (8) hours. STPL will exercise best efforts to resolve Severity 2 problems within a reasonable period.

The resolution will be delivered to the client in the same format as Severity 1 problems. If STPL delivers an acceptable work-around for a Severity 2 problem, the severity classification will drop to a Severity 3.

Severity 3: Produces an inconvenient situation in which the Solution is usable, but does not provide a function in the most convenient or expeditious manner, and the user suffers little or no significant impact.

RESPONSE: STPL will provide, as agreed by the parties for the effort and cost, a fix or fixes for Severity 3 problems in the form a customization. Alternatively it will be taken as feedback for our next product upgrade.

 

 

STPL will exercise best efforts to resolve Severity 3 problems by developing customizations as an when situation arises.

 

 

On Site Visit: In any event that the client demands onsite presence of our support staff. This would be done on a time and material basis and the logistics involved are to be borne by the client himself.

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