VBS IG AND VBS SDK
DESCRIPTION OF UPDATE AND SUPPORT SERVICES
MARCH 2018 VERSION
This document is incorporated into and subject to as appropriate: (i) the terms and conditions of the End User License Agreement (“EULA”) concluded between BISim and the Licensee at the time when the Licensee purchased a license(s) of the SDK Software; or (ii) the terms and conditions of the User License Agreement (“ULA”) concluded between BISim and the Licensee at the time when the Licensee purchased a license(s) of the Software.
BISimTM reserves the right to amend this document at any time by publishing an updated version on its website.
Subject to the payment of any applicable support fees, BISim shall use commercially reasonable efforts to provide Licensee with the support services for the Software/SDK Software as follows:
1. Certain Definitions.
In this document, unless the context otherwise requires:
“Closure” means BISim has (a) provided a workaround (b) provided an existing solution; (c) provided a new solution; (d) provided a viable detour; (e) logged an issue as one that cannot be resolved or requires professional services; or (f) confirmed that the issue will be considered as something to be resolved in a future release. All Closure times are specified relative to Verification.
“Critical Error” means catastrophic product or module failures that do not have a viable solution, detour or workaround available.
“Error” means an error in the Software/SDK Software, which significantly degrades the Software/SDK Software as compared to BISim’s published specifications and/or Documentation.
“Informational Priority Error” means all problems with Software/SDK Software other than those defined as a Critical Error, Major Priority Error, Medium Priority Error, or Minor Priority Error.
“Major Priority Error” means product or module failures that have been substantiated by BISim (acting reasonably) as a significant inconvenience to users and no workaround is available.
“Medium Priority Error” means product or module failures that have been substantiated by BISim (acting reasonably) as a significant inconvenience to users and a workaround is available.
“Minor Priority Error” means product or module failures that have been substantiated by BISim (acting reasonably) as a non-significant inconvenience to users.
“New Release” means any new iteration of the Software/SDK Software issued by BISim in its sole discretion after the date of the EULA.
“Normal Business Hours” means 9:00 a.m. through 5:00 p.m., EST on US Working Days; 9:00 a.m. through 5:00 p.m., CET on Czech Working Days and 9.00 a.m. through 5.00 p.m. AEST on Australian Working Days.
“Response” means an acknowledgement from BISim of the issue or a request to aid in Verification.
“Verification” means a written acknowledgement from BISim that (a) the issues requirements are clearly outlined and agreed; and (b) all problem specific hardware and software requirements have been met. By way of example, but not limitation, the provision of a suitable test bed or Application framework has been established).
“Working Day” means, depending on the context, a day other than Saturdays and Sundays on which banks are open for general banking business in: (a) Orlando, Florida; (b) Prague, Czech Republic or (c) Sydney, Australia.
Capitalised terms used in this document without a definition shall have the meaning given to them in the EULA or ULA (as appropriate).
| 2. | Scope of Support Services. |
| 2.1 | BISim shall provide basic software support to the Licensee through telephone and email during Normal Business Hours. |
| 2.2 | Licensee agrees to escalate any support issues to the highest level of internal support before engaging any of BISim’s support staff. |
| 2.3 | Any on-site support for the Licensee shall only be provided if mutually agreed by the parties and shall be provided as chargeable professional services to the Licensee. |
3. Support Prioritization.
BISim shall assign a priority (Critical Error, Major Priority Error, Medium Priority Error, Minor Priority Error or Informational Priority) to all problems submitted by the Licensee. Based on the priority of a problem, BISim shall use commercially reasonable efforts to respond to Errors in accordance with the terms set out below.
4. New Releases.
For applicable licenses, as long as support fees are current, Licensee is entitled to receive New Releases to the Software/SDK Software licensed at no additional cost to Licensee.
5. Supported Releases.
BISim shall support major New Releases for 1 (one) year from the date of release.
6. Resolutions.
Licensee agrees to keep BISim informed as to any problems encountered with the Software/SDK Software and any resolutions arrived at for those problems (collectively, “Resolutions”). Licensee agrees that BISim shall have any and all right, title and interest in and to any Resolutions or suggested improvements relating to the Software/SDK Software, without the payment of any additional consideration therefor either to Licensee, its employees, or agents.
7. Non-Solicit.
Licensee agrees not to solicit the services of or employ any of BISim’s employees or contractors involved in providing technical support or consultancy hereunder for the duration of the period in which it is entitled to receive support under the EULA and for a period of 6 (six) months thereafter without BISim’s prior written consent.
8. Response and Closure Details.
| Type | Response | Closure |
|---|---|---|
| Critical Error | Next Working Day | 10 (Ten) Working Days from date of Verification |
| Major Priority Error | Next Working Day | 20 (Twenty) Working Days from date of Verification |
| Medium Priority Error | Next Working Day | 30 (Thirty) Working Days from date of Verification; Reviewed for potential inclusion in next maintenance release |
| Minor Priority Error | Next Working Day | Reviewed for potential inclusion in next maintenance release |
| Informational Priority | Next Working Day | Response to the customer regarding the information requested |
9. Point of Contact; On-Site Support; Escalation and Concurrency.
| Point of Contact | Nominated technical account manager, phone, e-mail and access to developer forum. |
| On Site Support | Nominated technical account manager, phone, e-mail and access to developer forum. |
| Escalation Point | Account manager |
| Concurrency | BISim will provide a Response to, and will address up to 3 (three) concurrent issues unless otherwise agreed in writing, with a maximum of 2 (two) logins per team. Subsequently submitted issues will not be addressed until earlier issues are closed. The parties may agree to re-prioritize existing issues if newer issues require more urgent attention. |
10. Extent of Support Commitment.
BISim shall not be obliged to provide more than 40 (forty) hours of support in any given calendar year to any of the Licensee’s teams.
| 11. | Support Exclusions. |
| BISim shall have no obligation to provide resolutions for Errors, which arise from: |
| 11.1 | Altered, damaged or modified Software/SDK Software (if altered, damaged or modified by a party other than BISim or a party acting on behalf of BISim) or any portion of the Software/SDK Software incorporated with or into other software; |
| 11.2 | Problems caused by Licensee’s negligence, abuse or misapplication, use of the Software/SDK Software other than as specified in BISim’s user manual or other causes beyond the control of BISim; or |
| 11.3 | Installation of the Software/SDK Software on any hardware that is not supported by BISim. Supported hardware is listed in the release notes for the Software/SDK Software; or |
| 11.4 | Sample, reference or demo code (as indicated in the code itself or on the BISim support portal). |