OrbusInfinity Support Terms v1.0
These OrbusInfinity Support Terms & SLA (“Support Terms”) set out the additional terms and conditions related to the provision of the Support Services and shall be incorporated into and form part of the SaaS Terms.
1. Definitions and Interpretation
1.1 In these Support Terms:
"Error" means any verifiable and reproducible failure of the SaaS to materially conform to the Documentation;
"Support Desk" means the support@orbussoftware.com email address or in-product area that Authorized Users may use to log support tickets with Orbus, or such other address or means as Orbus may notify to the Customer from time to time whilst they are in receipt of the SaaS and Support Services;
"Required Information" means the information to be provided by an Authorized User in relation to an Error when raising a Support Incident Ticket including (i) the precise description of what is seen by the Authorized User on the screen; (ii) the exact steps that were being performed by the Authorized User when the problem occurred; (iii) the precise text of any error message that the Authorized User received: (iv) the activity that was being undertaken by the Authorized User when the problem occurred; (v) the operating system of the terminal which experienced the problem; (vi) the Visio version of the Authorized User’s machine; (v) a screenshot of the Error; (vi) the log files; and (vii) in the case of installations with multiple repositories, the name of the project (or repository);
"Support Desk Accounts" means accounts which are provided by Orbus solely and exclusively to nominated Authorized Users, whose details have been entered into the Support Desk for the purposes of receiving Support Services;
"Support Hours" has the meaning given to it in the applicable Order; and
"Support Incident Tickets" means incidents associated with the SaaS which are logged onto the Support Desk;
1.2 Other capitalized terms contained herein, but which are not defined in section 1.1 above, shall have the meaning given to them in the SaaS Terms.
2. Service Levels
2.1 During the applicable Term, We warrant that the SaaS, when used in accordance with the SaaS terms, the Documentation and these Support Terms, will perform substantially in accordance with the Documentation and will meet the Availability as set out below.
2.2 We shall provide the SaaS to meet 99.5% Availability, whereby "Availability" shall be calculated as follows:
2.2.1 "Total Minutes" means the total number of minutes in a month;
2.2.2 "Downtime" means the total number of minutes during the month that the SaaS is not accessible by any Authorized User or is not materially functioning in accordance with the requirements set out in the Documentation; and
2.2.3 "Permitted Downtime" means any period during which the SaaS is not available due to: (i) scheduled maintenance (Orbus shall use reasonable endeavours to carry out scheduled maintenance between the hours of 2am and 6am in the time zone of the region in which the Customer is receiving the Services); (ii) emergency maintenance (including any period of suspension for security reasons); or (ii) caused in whole or part by a Force Majeure Event.
2.3 If the SaaS does not conform to the foregoing warranty (except where any non-conformance is caused by use of the SaaS contrary to our instructions, or modification or alteration of the SaaS by any party other than us), We will, at our expense, use reasonable endeavours to correct such non-conformance promptly, or provide You with an alternative means of accomplishing the desired performance.
3. Support Services Hours
Orbus will supply the Support Services Monday through Friday during the Support Hours, listed below as applicable for the location of the Customer. Customer acknowledges and agrees Orbus shall only respond to Critical Priority Incidents during the period between December 25th December and 31st December each year.
3.1 08:00 am - 6:00 pm GMT (excluding English Bank Holidays)
08:30 am – 5:30 pm EST (excluding U.S. federal holidays)
09:00 am – 5:00 pm AEST (excluding Australian Bank Holidays applicable in New South Wales)
09:00 am – 5:00 pm AWST (excluding Australian Bank Holidays applicable in Perth)
10:00 am – 7:00 pm EET (excluding Ukrainian national holidays)
9:00 am – 5:00pm CET (excluding Polish national holidays)
4. Support Services Scope
4.1 Support Services shall only be provided in respect of Errors which are raised via the Support Desk in accordance with these Support Terms (for the avoidance of doubt: (i) onsite support; (ii) custom development (iii) training; and (iv) Professional Services are not included within the scope of the Support Services).
4.2 Customer may submit suggestions or requests for new features and enhancements to Orbus via the ‘submit idea’ link at https://www.orbussoftware.com/orbusinfinity/product-roadmap but such suggestions and requests shall be outside the scope of the Support Services.
4.3 Support Services are limited to responding to and resolving Errors. Support Incident Tickets which do not relate to Errors may be rejected or classified as ‘Professional Services Tickets’. Professional Services Tickets include tickets relating to: (i) Microsoft Visio templates, stencils and master designs of any form; (ii) customisation of reports; (iii) use of frameworks and standards (such as TOGAF and ArchiMate); and (iv) modelling approaches, modelling techniques and best practices related therewith. Performance of Professional Services Tickets will be subject to Customer purchasing additional Professional Services. Orbus shall not be obliged to perform any Professional Services Tickets unless and until agreed and documented in accordance with the provisions of these Support Terms.
5. Incident Prioritisation
Customer shall promptly, following discovery, notify Orbus of any Error via the Support Desk and provide Orbus with reasonable detail of the nature and circumstances of the Error. Each Party shall categorise Errors as follows:
5.1 Urgent Priority (P1) Support Service Incidents means incidents that prevent the use of the SaaS including but not limited to an inability to log-in and critical loss of Customer Data;
5.2 High Priority (P2) Support Service Incidents means incidents that need to be dealt with quickly but do not prevent the use of the SaaS, including but not limited to incidents that prevent the use of a product feature; and
5.3 Normal Priority (P3) Support Service Incidents means incidents that are not urgent which can be dealt with on a first come first served basis including but not limited to minor incidents that do not prevent use of a product feature; and
5.4 Low Priority (P4) Support Service Incidents means incidents that are not urgent which can be dealt with on a first come first served basis including but not limited to cosmetic incidents that do not prevent use of a product feature or function.
Incident Response Times and Resolution
The incident response times and resolution times shall be as set out in the table below:
*If raised during the Support Hours, measured from the time the incident is logged in the Support Desk, if raised outside of the Support Hours, measured from the commencement of the next period of Support Hours.
**Target times only. Measured from the time Orbus receives the Required Information, or if requested, such other information as may be reasonably requested. If received during the Support Hours, from the time the information is received, if received outside of the Support Hours, measured from the commencement of the next period of Support Hours. Subject to Customer providing all reasonable assistance in a timely manner.
6. Logging Support Incident Tickets
Authorized Users with a Support Desk Account shall:
6.1 submit all Support Incident Tickets via the Support Desk, which shall be monitored and reviewed by Orbus; and
6.2 categorise the severity of the Support Incident Ticket according to the Incident Prioritisation Guidelines (as detailed in section 5, subject always to Orbus’s right to override Customer’s allocation.
7. Responding To Support Incident Tickets
7.1 Orbus shall, in response to receiving Support Incident Tickets:
7.1.1 confirm whether the Support Incident Ticket is in scope or outside of scope;
7.1.2 confirm the prioritisation or reclassify the incident according to the Incident Prioritisation Guidelines;
7.1.3 confirm receipt and either: (i) verify that the Required Information has been provided and is sufficient to enable Orbus to take the practical steps needed to resolve the Support Incident Ticket; or (ii) request Customer’s Representative, or if nominated in writing, system administrator ("System Administrator") provide the Required Information and such other information as may be reasonably requested.
7.2 If a Support Incident Ticket cannot be reproduced in Orbus’s environment, Orbus may require access to Customer’s database or remote access to Customer’s environment. Where this is the case, Customer shall comply with Orbus’s reasonable requests and provide access where necessary.
7.3 On receipt of the Required Information or such other information as may be reasonably requested (as applicable), Orbus shall use reasonable endeavours to respond to the Support Incident Tickets in accordance with the target incident response times, or such other period as the Parties may agree on a per incident basis).
7.4 Customer acknowledges that Orbus may, in its reasonable discretion, decline to address Support Incidents if it deems that such Support Incidents are outside of its control (including technology constraints).
8. Exceptions
8.1 Orbus has no obligation to provide Support Services relating to Errors that, in whole or in part, arise out of or result from any of the following (each a "Service Exception"):
8.1.1 Software, or the media on which it is provided, that is modified or damaged by Customer or any third party;
8.1.2 any operation or use of, or other activity relating to, the SaaS other than as specified in the Documentation, including any incorporation in the SaaS of, or combination, operation or use of the SaaS in or with, any technology (including any software, hardware, firmware, system, or network) or service not specified for Customer's use in the Documentation, unless otherwise expressly permitted in writing by Orbus;
8.1.3 any Third-Party Materials;
8.1.4 any negligence, abuse, misapplication, or misuse of the SaaS other than by Orbus Personnel, including any Customer use of the SaaS other than as specified in the Documentation or expressly authorized in writing by Orbus;
8.1.5 any Customer failure, including Customer's failure to promptly install any maintenance release that Orbus has previously made available to Customer;
8.1.6 the operation of, or access to, Customer's or a third party's system or network;
8.1.7 any relocation, installation or integration of the SaaS other than by Orbus Personnel;
8.1.8 any open source components, beta software, software that Orbus makes available for testing or demonstration purposes, temporary software modules, or software for which Orbus does not receive a license fee;
8.1.9 any breach of or noncompliance with any material provision of these Support Terms by the Customer or any of its Authorized Users.
9. Remote and Onsite Support
9.1 Customer acknowledges that Support Services are provided remotely and Orbus may respond to and assist in the resolution of Support Incident Tickets using whichever mode of communication it deems appropriate.
9.2 Where a Support Incident Ticket cannot be resolved remotely, or upon Customer’s request, Orbus may provide on-site support at Customer’s premises, subject to the Parties agreeing any additional fees which shall apply (including travel and accommodation expenses).
10. Closure of Support Incidents
10.1 Orbus shall close a Support Incident Ticket when it deems that it has been resolved at which point it shall send an email to Customer Representative or System Administrator confirming the closure of the Support Incident Ticket.
10.2 If Customer disputes the closure of a Support Incident Ticket, it may raise such challenge in the relevant Support Incident Ticket and request that it is reopened. Orbus reserves the right to determine whether the Support Incident Ticket should be reopened.
10.3 In the event that the Support Incident Ticket cannot be resolved remotely, Orbus may provide a chargeable on-site visit to Customer.
11. Customer Responsibilities
Customer shall:
11.1 log Support Incident Tickets, SaaS issues, consulting requests, training requests in the Support Desk and provide the Required Information and such other information as may be reasonably required for Orbus to understand;
11.2 cooperate fully with Orbus’s personnel in the diagnosis or investigation of any Error, SaaS performance related inquiries or other issue or problem with the SaaS (including without limitation, (i) reasonable access to the appropriate Customer personnel, including network, systems, operations, and applications personnel; and (ii) all necessary authorizations and consents, whether from third parties or otherwise, in connection with any of the foregoing);
11.3 be responsible for purchasing, installing, maintaining, and operating in good repair and in accordance with the Documentation all hardware and operating systems required to use and support the SaaS;
11.4 be responsible for maintaining all third-party software other than Third Party Materials;
11.5 maintain an e-mail address for electronic mail communications with Orbus;
11.6 regularly back up all data, files, and information that may be used in conjunction with the SaaS and assume sole responsibility for any lost or altered data, files, or information.
12. ADDITIONAL SUPPORT DESK ACCOUNTS
Customer may request additional Support Desk Accounts by contacting Orbus Representative, the provision of which shall be subject to the prior written agreement of Orbus.
12.1 MEASUREMENT
12.2 Customer may review Orbus’s performance against the service levels by using the Support Desk.
12.3 Orbus shall promptly upon receiving a request from Customer, provide Customer with a report detailing incident response times and resolution times. All such requests shall be raised by Customer to Orbus Representative.
12.4 Orbus may, in conjunction with Customer, conduct reviews of its Support Services on an annual basis to determine areas of improvement.
13. ESCALATION
In the event that Customer becomes dissatisfied with the Support Services it shall forthwith contact Orbus providing:
13.1 details of the reason for its dissatisfaction; and
13.2 a request for a review meeting on terms reasonable for both parties if Customer deems it necessary