Effective Date 2-May-2014
Unless otherwise stated, these Software Technical Support Policies apply to technical support for all Hub City Media (HCM) software product lines.
"You" and "your" refers to the individual or entity that has ordered technical support from HCM.
To receive technical support as provided by HCM as described in these HCM Software Technical Support Policies, all software must be properly licensed.
Technical support is provided for issues (including problems created by the user) that are demonstrable in the currently supported release(s) of an HCM licensed software, running unaltered, and on Vendor certified hardware, database and operating system configuration, as specified in your order or software documentation.
HCM will provide technical support in accordance with policies and practices, then in effect.
These Technical Support Policies are subject to change at HCM's discretion; however HCM policy changes will not result in a material reduction in the level of the services provided for supported software during the support period (defined below) for which fees for technical support have been paid.
2. SUPPORT TERMS
Technical Support Fees
Technical support fees are due and payable annually in advance of a support period, unless otherwise stated in the relevant order or, financing or leasing agreement with HCM. Your payment or commitment to pay is required to process your technical support order with HCM (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 technical support services. Technical support will be provided pursuant to the terms of the order under which it is acquired; however, technical support fees due under a payment plan are due and payable in accordance with the terms and conditions of such payment plan.
Technical support begins upon the effective date of your order unless stated otherwise. Unless otherwise stated in the order, HCM technical support terms, including pricing, reflect a 12 month support period (the "support period"). Once placed, your order for technical support services is non-cancelable and the sums paid non-refundable, except as provided in the relevant order. HCM is not obligated to provide technical support beyond the end of the support period.
When acquiring technical support, all licenses in any given license set must be supported under the same technical support service level. You will be required to document license terminations via a termination letter.
Reinstatement of HCM 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 software, 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 HCM’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 HCM’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.
Customers with unsupported software are not entitled to services under this Agreement including the right to download or receive updates, maintenance releases, patches, telephone assistance, or any other technical support services for unsupported software. For the avoidance of doubt, Software support is provided for the applicable HCM product specification, any integration or extensions and or modifications performed by you or others on your behalf are outside the scope of the support agreement.
Your technical contacts are the sole liaisons between you and HCM for technical support services. Your technical contacts must have, at a minimum, initial basic product knowledge 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 HCM supported software and your computer environment in order to help resolve system issues and to assist HCM 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 HCM in diagnosing and triaging the problem. To avoid interruptions in support services, you must notify HCM whenever technical contact responsibilities are transferred to another individual.
You may designate one (1) primary and two (2) backup individuals ("technical contact") per license set, to serve as liaisons with HCM under this Support Agreement. The backup technical contacts shall be responsible for resolving user issues. You may be charged a fee to designate additional technical contacts.
HCM 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.
Update means a subsequent release of the program which HCM 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 HCM licenses separately. Updates are provided when available (as determined by HCM) and may not include all versions previously available. HCM is under no obligation to develop any future software 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.
First and Second Line Support
You are required to establish and maintain the organization and processes to provide “First Line Support” for the supported software 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 software
(ii) a direct response to users with respect to problems or issues with the supported software
(iii) a diagnosis of problems or issues of the supported software
(iv) a resolution of problems or issues of the supported software.
If after reasonable commercial efforts you are unable to diagnose or resolve problems or issues for the supported software, you, through your Primary Contact, of if they are unavailable than through your designated alternate Technical Contact, may contact HCM for “Second Line Support”. You shall use commercially reasonable efforts to provide HCM 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 HCM 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 software and (ii) reasonable commercial efforts to resolve reported and verifiable errors in supported software so that such supported software perform in all material respects as described in the associated documentation.
HCM 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 HCM.
3. HCM TECHNICAL SUPPORT LEVELS
Software Update License & Support
Software Update License & Support consists of:
- Program updates, fixes, security alerts and critical patch updates
- Upgrade scripts (availability may vary by program)
- Certification with most new third-party products/versions (availability may vary by program)
- Major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates
- JIRA online ticketing available to log service requests 24 hours per day, 7 days a week. HCM response will be provided on average response time within 8 business hours (M-F 9am -5pm)
4. HCM LICENSE AND SERVICES AGREEMENT INCORPORATION
The services and support provided by HCM are provided exclusively subject to the terms of the associated HCM License and Services Agreement, unless otherwise mutually agreed to in writing by authorized representatives of each party.