EasiShare
support scope
1.1 DEFINITIONS
System Downtime - means the period of time during the Operating Hours of the System where the System is not operating in accordance with the Requirement Specifications except for occasions where the failure is due to factors for which CUSTOMER is responsible and shall not include the downtime after the Operating Hours.
Operating Hours - means the scheduled operating hours of the System which will be from twenty-four (24) hours every day, including Sundays and Public Holidays with CUSTOMER's scheduled downtime for maintenance excepted.
Support Hours - means hours from 9.00 a.m to 6.00 p.m from Mondays to Fridays with Public Holidays excepted.
System Availability Level - shall be determined according to the following formula:
System Availability Level = [Operating Hours - System Downtime] x 100% / [Operating Hours]
EASISHARE SUPPORT SCOPE
EasiShare Software maintenance and support shall include the following
(a) Investigation and correction of defects in EasiShare as reported by the CUSTOMER including tempory corrections and bypass of the defects until such time as standard corrections and/or updates of the Software are available. ("Remedial Support");
(b) Restoring te System to an operable state where System Downtime is attributable to Software defect or error;
(c) Rendering advice and guidance to CUSTOMER in the use of the System;
(d) Rendering advice to CUSTOMER on operating system, security vulnerability and related system patches compatibility to the application system.
(e) Informing CUSTOMER of all future updates and new releases of the Software within 0ne(1) calendar month of their release for general distribution.
(f) Providing CUSTOMER with all necessary documentation needed for th maintenance of the Software including all necessary updates of the same.
REMEDIAL SUPPORT
Shall be provided during Support Hours
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Remedial Support shall be provided during Support Hours.
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Toroid Sdn Bhd response time shall be as defined based on Severity (see table below) from the time a web incident is lodged.
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Time shall be of the essence in responding to calls for Remedial Support. Toroid Sdn Bhd shall take all measures necessary to ensure that the response time stated on this Subscription Contract is complied with and shall, if requested by CUSTOMER.
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Toroid Sdn Bhd shall inform CUSTOMER of the contact persons and contact telephone numbers of its personnel to whom requested for REmedial Support shall be made. Any report of a defect in the System to any person nominated by Toroid Sdn Bhd by name or to a person answering to a telephone number supplier by Toroid Sdn Bhd pursuant to this Claused shall be deemed to be a request for Remedial Support contemplated by this Clause.
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Where Toroid Sdn Bhd is not able to remedy the defect or error or successfully implement a temporary correction or bypass as defined based on Severity (see table below) from the time a web incident is lodged, Toroid Sdn Bhd shall, without any cost to the CUSTOMER, engage the services of an independen expert, who may be an employee or agent of the developers of the particular defective EasiShare Software, to remedy the defect or error and/or effect a temporary correction or bypass.
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Forthwith upon such remedies being completed, Toroid Sdn Bhd shall deliver to CUSTOMER the corrected version of the object code of the Software in machine-readable form for loading on to the Hardware together with appropriate amendments to the Documentation, if any, specifying the nature of the correction and providing instructions for the proper use of the corrected version of the Software.
emergency services
Emergency Services
Emergency Services are Remedial Support for EasiShare application provided by the Toroid Sdn Bhd upon receipt of notification from the CUSTOMER outside the Support Hours of the EasiShare that is defective or is malfunctioning.
Toroid Sdn Bhd shall provide Emergency Services under this Clause for EasiShare application upon request by CUSTOMER and REmedial Support of this Subscription Contract shall apply to Emergency Services in the same manner as they apply to EasiShare Software Subscription.
Notwith standing anything herein ontained CUSTOMER and Toroid Sdn Bhd shall mutually agree on the scale of ccharges for Emergency Services under this Claused and in the absence of such agreement, CUSTOMER shall pay Toroid Sdn Bhd for Emergency Services in accordance with Toroid Sdn Bhd then current charges for the same or similar services supplied at Fair Market Value.
WARRANTY AND DEFAULT
Toroid warrants as follows;
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That all hispersonnel and those of his Sub-contractors or agents are suitably qualified and competent to carry out the tasks required of him under this Subscription Contract;
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That he shall carry out his obligations in conformity with the general accepted standards of skill, care and diligence appropriate to the nature of the service rendered;
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That any equipment or material used by him, including debudding software, firmware or hardware, shall not interfere with the normal operation of the EasiShare Software during its Operating Hours; and
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That during the period covered by this Subscription Contract, the Application Availability Level shall not be less than ninety-five per cent (95%) for each calendar month or part thereof.
TOROID'S RESPONSIBILITIES
Responsibilities
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Toroid shall maintain a log of all his activities pursuant to this Subscription Contract.
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Toroid shall propose a format for the log and recommend procedures for its usage. The log will include but not be limited to the following.
emergency services
Emergency Services
Emergency Services are Remedial Support for EasiShare application provided by the Toroid Sdn Bhd upon receipt of notification from the CUSTOMER outside the Support Hours of the EasiShare that is defective or is malfunctioning.
Toroid Sdn Bhd shall provide Emergency Services under this Clause for EasiShare application upon request by CUSTOMER and REmedial Support of this Subscription Contract shall apply to Emergency Services in the same manner as they apply to EasiShare Software Subscription.
Notwith standing anything herein ontained CUSTOMER and Toroid Sdn Bhd shall mutually agree on the scale of ccharges for Emergency Services under this Claused and in the absence of such agreement, CUSTOMER shall pay Toroid Sdn Bhd for Emergency Services in accordance with Toroid Sdn Bhd then current charges for the same or similar services supplied at Fair Market Value.