1. Overview
This document including all exhibits describes various aspects of Software Support such as scope, responsibility, contact details, response times and error correction services for the specified licensed Software in an Order Form.
Any capitalized terms used in this document in relation to Software Support which are not specifically defined in this document but defined in the relevant Software License Agreement, hereafter referred as “Agreement”, have the meaning as described in the Agreement.
2. Support Scope
Support scope includes:
3. TCS TwinX™ Support Team Responsibilities
4. Licensee (Customer) Responsibilities
5. Excluded Services
Software Support does not include any support or services for the following. Such services will be treated in a separate agreement and charged as additional Services.
TCS's obligation to provide the Software Support under this Agreement is subject to the following:
TCS reserves the right to charge any services or to refuse to provide such services as part of the Software Support if the error in or failure of performance of the Software is identified to be due to or covered by any of the above exclusions.
TCS will provide Software Support for the licensed Software version only until its End of Support date unless otherwise agreed in the License Agreement. The typical 'End of Support' of a Software version shall mean the date after which, Software Support for the Software version will no longer be available. The End of Support date of a licensed Software version is announced and information is made available on this page in the tab (End Of Support Announcements)
Where TCS agrees for activities to be carried at a location other than TCS' premises, Licensee shall arrange for and bear the expenses, direct and indirect, towards all cost items including travel by air where air links are available otherwise by alternative fast modes of transportation available, lodging, boarding and local conveyances of associate(s) engaged by TCS or such other person who is authorized by TCS for said activities. Licensee shall hold TCS harmless and effectively indemnified from any loss, claim or damages, unless directly caused by the wilful negligence of TCS' personnel, to any person or property arising out of the use or possession of the equipment or location by TCS or its personnel. Such indemnification shall extend to the attorneys fees spent by TCS in defending such a claim and any amount spent by TCS in settling such a claim, either by way of a court decree or otherwise. This clause shall survive the termination of this Agreement.
TCS shall not be liable for any delay or failure in the performance of its obligations hereunder, if and to the extent such delay or failure is caused by the actions or omissions of the Licensee or its agents or due to a breach of any terms by Licensee of the Agreement for the Software to which this support pertains. In the event that TCS is delayed or prevented from performing its obligations due to such failure or delay on the part of or on behalf of the Licensee, TCS shall be allowed an additional period of time to perform its obligations and unless otherwise agreed the additional period shall be equal to the amount of time for which TCS is delayed or prevented from performing its obligations due to such failure or delay on the part of or on behalf of the Licensee. Such failures or delays shall be brought to the notice of the Licensee and subject to mutual agreement with the Licensee, TCS shall take such actions as may be necessary to correct or remedy the failures or delays. TCS shall be entitled to invoice the Licensee for additional costs incurred in connection with correction or remedy as above.
6. Response Time
Response Time is provided as typical initial response times to support requests. TCS will use commercially reasonable efforts to meet response time goals. Response time goals in no way create a legal requirement or obligation for TCS to always provide such response in the stated time.
Support Team will work with Customer Technical SPOC to analyze the issue and provide an appropriate resolution. If TCS provides a work-around that is not reasonably acceptable to Customer but corrects or avoids the issue, the severity level of the incident will be reduced to severity 3. Support Team will address only one issue per incident. If an additional issue is discovered during the diagnosis of an incident, either the Customer or the Support Team will open a new incident for the additional issue. Support Team will work with Customer Technical SPOC to understand and document the issue, and reproduce it where appropriate.
7. Incident Severity
Response times vary by the following defined severity levels:
| Definition | Description |
Severity 1 (Critical) |
a) Production system is down b) Software is unusable resulting in total disruption of work or other critical business impact. No work around is available |
Severity 2 (High) |
a) Major feature or function is failure b) Operations are severely restricted. A work around is available |
Severity 3 (Medium)
|
a) Minor feature or function is failure b) Software does not operate as designated, minor impact on usage, acceptable work around is deployed |
Severity 4 (Low) |
a) Shall mean cosmetic errors or minor suggestions that have no impact on usage and business b) Documentation, general information request, enhancement etc |
8. TCS TwinX™ Support Plan
TCS provides the following Standard support to its customer:
| Parameter | Definition | Standard |
Timing for Error / Incident reporting |
This is the duration during which Support help desk can be contacted over phone |
16 x 5 days (Monday to Friday) On call support on Saturday and Sunday |
Standard Response Time |
Response Time is provided as typical initial response times in business hours to support requests |
Sev1 - Less than 2 work hours Sev2 - Less than 4 work hours Sev3 - Less than 8 work hours Sev4 - Less than 48 work hours |
Email Acknowledgement (from receipt time)
|
This specifies the timeframe within which the support personnel will acknowledge any email from customer SPOC |
Less than 1 work hour |
Software Releases |
Updates and Upgrades as defined in the Software License Agreement |
Updates and Upgrades |
9. Support Contact Methods
Licensee (Customer) SPOC may contact TCS to report an error report and request Software Support by following method: