Common use of Error Response Clause in Contracts

Error Response. The following tables display the targets for initial review and frequency of updates based on severity. The goals for initial review after a problem is first reported are based on the nature and severity of the problem. The technical support specialist makes every attempt to contact the Customer who reported the problem within the response time goals described below. Due to the complex nature of software development and operating environments, Azenta cannot guarantee the time that it will take to resolve a problem. Azenta will make commercially reasonable efforts to resolve problems as expeditiously as possible. ISSUE SEVERITY LEVELS RESPONSE TIMES SEVERITY LEVEL DESCRIPTION INITIAL REVIEW FOLLOW-UP FREQUENCY Severity 1 Critical Critical production issues affecting all users, including system unavailability and data integrity issues with no workaround available. Service is down or unavailable. A critical part of the Subscription Services is unavailable or inaccessible, resulting in total disruption of work or critical business impact. Service crashes or hangs indefinitely causing unacceptable or indefinite delays for resources or response. Data corrupted or lost and must restore from backup. A critical documented feature / function is not available. 4 hours Every 24 hours Severity 2 Major Major functionality is impacted, or significant performance degradation is experienced. Issue is persistent and affects many users and / or major functionality. No reasonable workaround available. Service is operational but highly degraded performance to the point of major impact on usage. Important features of the Software are unavailable with no acceptable workaround; however, operation can continue in a restricted fashion. Access to a third-party application or service provider deemed noncritical is impacted. 8 business hours Every 2 business days Severity 3 Minor System performance issue or bug affecting some but not all users. Short-term workaround is available, but not scalable. Service is operational but partially degraded for some or all areas, and an acceptable workaround or solution exists. Problem with non-critical feature or functionality. 24 business hours** Upon request Severity 4 Cosmetic Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; bug affecting a small number of users. Acceptable workaround available. Minor problem not impacting service functionality. Enhancement requests, missing or erroneous documentation. Minor problem or question that does not affect delivery of service. 24 business hours** Upon request **Business Hours exclude weekends and federally observed US holidays. (a) The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times. (b) For certain Subscription Service offerings, Azenta may offer premium support to address Severity 1 issues during off-hours for additional fees and pursuant to terms identified on an applicable Order. (c) Ownership and management of Support Requests is the responsibility of Azenta. When it is agreed (between the Customer and Azenta) that a Support Request has been resolved, the Support Request will be closed in the Azenta system. (d) Customer queries not relating to Faults will be resolved with commercially reasonable efforts. Azenta may require Customer to attend appropriate training to resolve queries relating to standard operation of the software. (e) Azenta shall give the Customer regular updates of the nature and status of its efforts to provide a Resolution to a Support Request based on the times provided in the above table. This Data Security Requirements Exhibit (“Exhibit”) is incorporated by reference into the Software License Agreement or the Subscription Services Agreement relevant to Customer’s relationship with Azenta (in each case, the “Agreement”) and applies to (i) the access to and collection, processing, use, storage, hosting, maintenance, destruction, disclosure, dissemination, and transmission (together, “Processing”) of Customer Content and (ii) the systems, data centers, and facilities used by or on behalf of Azenta to provide the Software or Subscription Services or to Process Customer Content. Capitalized terms used but not defined in this Exhibit have the meanings given to them in the Agreement.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

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Error Response. The following tables display the targets for initial review and frequency of updates based on severity. The goals for initial review after a problem is first reported are based on the nature and severity of the problem. The technical support specialist makes every attempt to contact the Customer who reported the problem within the response time goals described below. Due to the complex nature of software development and operating environments, Azenta BenchLab, LLC cannot guarantee the time that it will take to resolve a problem. Azenta BenchLab, LLC will make commercially reasonable efforts to resolve problems as expeditiously as possible. ISSUE SEVERITY LEVELS RESPONSE TIMES SEVERITY LEVEL DESCRIPTION INITIAL REVIEW FOLLOW-UP FREQUENCY Severity 1 Critical Critical production issues affecting all users, including system unavailability and data integrity issues with no workaround available. Service is down or unavailable. A critical part of the Subscription Services is unavailable or inaccessible, resulting in total disruption of work or critical business impact. Service crashes or hangs indefinitely causing unacceptable or indefinite delays for resources or response. Data corrupted or lost and must restore from backup. A critical documented feature / function is not available. 4 hours Every 24 hours Severity 2 Major Major functionality is impacted, or significant performance degradation is experienced. Issue is persistent and affects many users and / or major functionality. No reasonable workaround available. Service is operational but highly degraded performance to the point of major impact on usage. Important features of the Software are unavailable with no acceptable workaround; however, operation can continue in a restricted fashion. Access to a third-party application or service provider deemed noncritical is impacted. 8 business hours Every 2 business days Severity 3 Minor System performance issue or bug affecting some but not all users. Short-term workaround is available, but not scalable. Service is operational but partially degraded for some or all areas, and an acceptable workaround or solution exists. Problem with non-critical feature or functionality. 24 business hours** Upon request Severity 4 Cosmetic Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; bug affecting a small number of users. Acceptable workaround available. Minor problem not impacting service functionality. Enhancement requests, missing or erroneous documentation. Minor problem or question that does not affect delivery of service. 24 business hours** Upon request **Business Hours exclude weekends and federally observed US holidays. (a) The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times. (b) For certain Subscription Service offerings, Azenta BenchLab, LLC may offer premium support to address Severity 1 issues during off-hours for additional fees and pursuant to terms identified on an applicable Order. (c) Ownership and management of Support Requests is the responsibility of AzentaBenchLab, LLC. When it is agreed (between the Customer and AzentaBenchLab, LLC) that a Support Request has been resolved, the Support Request will be closed in the Azenta BenchLab, LLC system. (d) Customer queries not relating to Faults will be resolved with commercially reasonable efforts. Azenta BenchLab, LLC may require Customer to attend appropriate training to resolve queries relating to standard operation of the software. (e) Azenta BenchLab, LLC shall give the Customer regular updates of the nature and status of its efforts to provide a Resolution to a Support Request based on the times provided in the above table. This Data Security Requirements Exhibit (“Exhibit”) is incorporated by reference into the Software License Agreement or the Subscription Services Agreement relevant to Customer’s relationship with Azenta BenchLab, LLC (in each case, the “Agreement”) and applies to (i) the access to and collection, processing, use, storage, hosting, maintenance, destruction, disclosure, dissemination, and transmission (together, “Processing”) of Customer Content and (ii) the systems, data centers, and facilities used by or on behalf of Azenta BenchLab, LLC to provide the Software or Subscription Services or to Process Customer Content. Capitalized terms used but not defined in this Exhibit have the meanings given to them in the Agreement.

Appears in 1 contract

Samples: Software License Agreement

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Error Response. The following tables display the targets for initial review and frequency of updates based on severity. The goals for initial review after a problem is first reported are based on the nature and severity of the problem. The technical support specialist makes every attempt to contact the Customer who reported the problem within the response time goals described below. Due to the complex nature of software development and operating environments, Azenta cannot guarantee the time that it will take to resolve a problem. Azenta will make commercially reasonable efforts to resolve problems as expeditiously as possible. ISSUE SEVERITY LEVELS RESPONSE TIMES SEVERITY LEVEL DESCRIPTION INITIAL REVIEW FOLLOW-UP FREQUENCY Severity 1 Critical Critical production issues affecting all users, including system unavailability and data integrity issues with no workaround available. Service is down or unavailable. A critical part of the Subscription Services is unavailable or inaccessible, resulting in total disruption of work or 4 hours Every 24 hours critical business impact. Service crashes or hangs indefinitely causing unacceptable or indefinite delays for resources or response. Data corrupted or lost and must restore from backup. A critical documented feature / function is not available. 4 hours Every 24 hours Severity 2 Major Major functionality is impacted, or significant performance degradation is experienced. Issue is persistent and affects many users and / or major functionality. No reasonable workaround available. Service is operational but highly degraded performance to the point of major impact on usage. Important features of the Software are unavailable with no acceptable workaround; however, operation can continue in a restricted fashion. Access to a third-party application or service provider deemed noncritical is impacted. 8 business hours Every 2 business days Severity 3 Minor System performance issue or bug affecting some but not all users. Short-term workaround is available, but not scalable. Service is operational but partially degraded for some or all areas, and an acceptable workaround or solution exists. Problem with non-critical feature or functionality. 24 business hours** Upon request Severity 4 Cosmetic Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; bug affecting a small number of users. Acceptable workaround available. Minor problem not impacting service functionality. Enhancement requests, missing or erroneous documentation. Minor problem or question that does not affect delivery of service. 24 business hours** Upon request *** Business Hours exclude weekends and federally observed US holidays. (a) i. The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times. (b) ii. For certain Subscription Service offerings, Azenta may offer premium support to address Severity 1 issues during off-hours for additional fees and pursuant to such terms identified on an applicable Order. (c) iii. Ownership and management of Support Requests is the responsibility of Azenta. When it is agreed (between the Customer and Azenta) that a Support Request has been resolved, the Support Request will be closed in the Azenta system. (d) iv. Customer queries not relating to Faults Errors will be resolved with commercially reasonable effortsCommercially Reasonable Efforts. Azenta may require Customer to attend appropriate training to resolve queries relating to standard operation of the software. (e) v. Azenta shall give the Customer regular updates of the nature and status of its efforts to provide a Resolution resolution to a Support Request based on as per the times provided in the above table. This Data Security Requirements Exhibit (“Exhibit”) is incorporated by reference into the Software License Agreement or the Subscription Services Agreement relevant to Customer’s relationship with Azenta (in each case, the “Agreement”) and applies to (i) the access to and collection, processing, use, storage, hosting, maintenance, destruction, disclosure, dissemination, and transmission (together, “Processing”) of Customer Content and (ii) the systems, data centers, and facilities used by or on behalf of Azenta to provide the Software or Subscription Services or to Process Customer Content. Capitalized terms used but not defined in this Exhibit have the meanings given to them in the Agreementtable above.

Appears in 1 contract

Samples: Subscription Services Agreement

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