Common use of E-Mail Support Clause in Contracts

E-Mail Support. For the term of this Agreement, RCDevs shall provide e-mail support in the following manner: Queries for specific technical problems and failures are possible at any time. For this purpose, the Licensee will generally send a message indicating the exact problem description and a classification in the following priority and error levels: • Level A Error (system does not work): means an Error, which (i) renders the Software inoperative; or (ii) substantially degrades performance; or (iii) causes any major feature to be unavailable or substantially impaired; or (iv) causes a complete failure of the Software. Level A Error will prohibit the Licensee from using complete Software or its main functions. • Level B Error (system works with limited functions): means an Error, which degrades the performance of the Software or restricts the Licensee’s use of the Software. Level B Error will prohibit the Licensee from using one or more of the functionalities of the Software that cannot be considered as main functionalities, or other problems having moderate impact on Software. • Level C Error (system basically working with errors/problems with specific functions): means an Error, which causes only a minor impact on the use of the Software. Level C Errors will be minor, not belonging to Level A or Level B. RCDevs ensures the following response times (via telephone or e-mail): • Level A: Response within the next working day (Monday – Friday, 9 a.m. until 5 p.m. Luxembourg local time excluding Luxembourg public holidays). RCDevs shall allocate resources to work continuously during normal office hours to solve the problem as soon as possible and provide a Fix for the Error. If the Error can be circumvented by a Workaround, this will be communicated to the Licensee, and the Error will be re-classified accordingly. • Level B: Response within the working day after next (Monday – Friday, 9 a.m. until 5 p.m. Luxembourg local time excluding Luxembourg public holidays). RCDevs shall exercise commercially reasonable efforts to provide a Fix for the Error. • Level C: Response within the next five days (Monday – Friday, 9 a.m. until 5 p.m. Luxembourg local time excluding Luxembourg public holidays). RCDevs may include the Update or Fix for the Error in the next Update or New Version of Software. Exclusively applicable is the local time at the seat of RCDevs. Exclusively applicable regarding holidays are the legal holidays at the seat of RCDevs. RCDevs may supply solutions for reported Errors either in the form of a Workaround, a Fix, an Update or a New Version of the Software, whichever is necessary.