This MAINTENANCE SCHEDULE (this “Maintenance Schedule”) is a Schedule to the Master Services Agreement to which this Schedule is attached. The Master Services Agreement and this Maintenance Schedule, together with any other attached Schedules and Ordering Documents, together are the Agreement.
1. MAINTENANCE SERVICES
1.1. Maintenance Services. In exchange for the Maintenance Fee, Provider will provide Software support and maintenance services (collectively, "Maintenance Services") to Customer during the term set forth in the Ordering Document. Maintenance Services consist of three primary components:
1.1.1. Software updates that relate to tax and other accounting and regulatory changes. These changes are monitored by Customer and Provider and built into the software release cycle. This also covers cost related to improving processes and simplifying system functions.
1.1.2. Improvements to the Products such as new features and functionality based on collective discussion with Customers.
1.1.3. Software support services consisting of tools used to assist with troubleshooting Software issues. This includes help manuals, help desk tools, help desk ticketing system, telephone support, error correction, and the knowledgeable support team Provider employs.
1.2. Additional Services. Additional services will be provided by Provider upon Customer request at the Professional Service Fee Rates listed on Schedule 5 – Invoicing and Payments.
2. ERROR CORRECTION SERVICES
2.1. Errors. An “Error” is an event in which the Software does not perform as intended. Provider will exercise reasonable efforts to investigate and correct all Errors reported to Provider by Customer as Errors in accordance with this Schedule. Customer will inform Provider of any Errors by submitting a help desk ticket in Provider’s help desk system (or by phone if help desk system is not functioning correctly). In order to ensure timely resolution to errors, Customer must report, at a minimum, the following information:
• Version of Software
• Instructions on how to reproduce the reported Error
• User impacted
• Any other necessary and/or useful information relating to identifying and reproducing the reported error.
2.2. Error Classification. Provider has 3 severity levels for Error classification. Each level has its own service level as described further in this section.
• Severity 1- Blocker. An Error that is consistently blocking any of Customer’s material daily production processes. Workaround may not be possible. The customer may or may not be at risk of losing money from idle users or that they cannot perform sales or service because of the issue.
• Severity 2- Major. An Error that is not consistently blocking Customer’s material daily production process but the function is critical for periodic execution (e.g. batch posting, printing reports, closing year, import/export process). Also includes Errors where a reasonable workaround has been implemented until resolution in a future version.
• Severity 3 - Standard.: An Error that leads to minor or no loss of function (e.g., cosmetic issues) where a workaround is not even required. These issues should not impede execution of any material business functions.
2.3. Solution Path. The solution path for each level of Severity is defined in the following charts based on plan type. If Provider is unable to complete resolution within such timeframe, Provider will continue to work to resolve such Error on a continuous basis (i.e., 24x7) until resolved.
STANDARD SUPPORT PLAN
Severity Level Response Time Patch Required Resolution Time Version Update
Severity 1
4 Hours from creation of Help Desk Ticket Yes 12 Hours Current Version
Severity 2
8 Hours from creation of Help Desk Ticket Possibly 3 Business Days Current or Next Maintenance Release
Severity 3
48 Hours from creation of Help Desk Ticket No By next major release Next Major Version
PREMIUM SUPPORT PLAN
Severity Level Response Time Patch Required Resolution Time Version Update
Severity 1
2 Hours from creation of Help Desk Ticket Yes 8 Hours Current Version
Severity 2
4 Hours from creation of Help Desk Ticket Possibly 2 Business Days Current or Next Maintenance Release
Severity 3
32 Hours from creation of Help Desk Ticket No By next major release Next Major Version
2.4. Support Hours. Support hours are 8 am to 5 pm Eastern Time (UTC – 5:00).
3. EXCLUSIONS
Provider shall have no obligation to support Software in respect of Errors attributable to (i) Altered or damaged Software (unless modified by Provider); (ii) Software problems caused by Customer’s negligence, abuse or misapplication, use of Software other than as specified; (iii) Software installed on any computer hardware that is not supported by Provider; or (iv)Other causes beyond the control of Provider.
4. RELEASES
4.1. Major Releases. Provider typically has one major, primary release each year. Provider defines this as the “.##” version and is the first major release of software in each new year. As Customers onboard into Provider’s release schedule, all efforts are made to schedule all customers to the newest .1 version. Thereafter, the goal is for customers to have yearly updates to the next .1 version of the software.
4.2. Minor Releases. Provider typically has one additional, official release each year. Provider defines the additional release as the .3 version. The .3 version is dedicated to new customers in the process of onboarding to Provider. The .3 version is focused on new development primarily geared towards new customers requiring development effort.
4.3. Maintenance Releases. Provider also has multiple maintenance releases within each version of the software. Maintenance releases typically occur at least every 60 days.
4.4. Past Version Support. Provider will provide to Customer the Maintenance Services for the current version of the Software and the one (1) release immediately preceding such current release. Provider will use commercially reasonable efforts to support other older Software release at Provider’s then current time and materials rates and otherwise on the terms set forth in this Agreement
5. COVERED SUPPORT SERVICES
The Maintenance Services include support to:
• Isolate, document, and find circumventions for reported Errors;
• Answer questions about specific details of procedures (including but not limited to discussing available features, options and limitations);
• Work with Provider software development staff to provide safe hot fixes for Errors;
• Address concerns with printed or online documentation by providing additional examples or explanations for concepts that require clarification;
• Address specific questions and concerns that are related to the maintenance of Provider software;
• Unlimited help desk ticketing system and toll-free telephone consultation, regarding the use and trouble-shooting of the Software and Enhancements; or
• Logging service calls received from Customer, along with the eventual solution and correction time within Provider Help Desk ticketing system.
6. ADDITIONAL SERVICES
6.1. Process for Additional Services. From time to time after completion of the initial Services, Customer may request that Provider perform various additional services. Provider may make such Professional Services available to Customer based on the rates schedule in Schedule 5 – Invoicing and Payment. Professional Services will be documented by a written SOW or Proposal and work will not begin until such Ordering Document has been executed. If the work estimate is for 8 hours or less work, Customer may approve via a help desk ticket.
6.2. Maintenance Fees for Additional Services. Professional Services related to development or new feature/function will include an adjustment to the annual maintenance rate. Adjustment will be billed prorate in current year and will be included in future annual maintenance invoices.
7. FEES AND PAYMENT
Maintenance Fees associated with the Maintenance Services are set forth in the Ordering Document. Invoicing and payment terms are set forth in Schedule 5 – Charging and Invoicing.
8. RECOMMENCE
In the event Customer cancel the Maintenance Services by electing non-renewal in accordance with the Master Agreement and later desires to recommence receiving Maintenance Services, Customer may do so provided that Customer pays Provider the maintenance fees that would have been due during the period of lapse.
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