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Support and Maintenance Services

Esna may change the Support and Maintenance Terms of Service from time to time. Notice will be considered given and effective on the date posted. The Terms of Service posted shall supersede all previously agreed to electronic and written terms. Notwithstanding the foregoing, should any change to these terms be considered, at Esna’s discretion, materially detrimental to the customer or reseller, Esna undertakes to provide 30 days of notice to customers via email prior to the effective date of such change.

Understanding Esna’s Approach to Technical Support

Esna’s primary sales channel is through its value-add dealer / reseller network. We believe that it is in our partners’ and end-users’ mutual best interest to maintain an ongoing relationship as it relates to Esna’s products. The partner’s capacity as first point of contact for technical support is a key component to that communication.

Esna’s technical support team is designed to provide higher-level support and to engage only with individuals who are proficient in the technology and have been authorized by Esna to provide support to their users. In addition to helping to ensure a more regular communication between the end-user and the partner, this allows Esna to keep the support costs, and thus prices, of our products competitive.

Accordingly, our support process is summarized as follows:

  • End User organizations should contact their partner directly for technical support.
  • Partners are expected to provide 1st and 2nd level technical support to their customers and to act as the primary interface for Level 3 and Level 4 support with Esna. The Partner organization will purchase and have individuals attend a training program on Esna’s products. (This is usually done using online training tools.) These individuals will then be provided with a PIN number which allows them to contact Esna for technical support by telephone, email, or through EASE.
  • In the event that the partner is unable to provide this support, we require the following:
    • End User customers must designate individual(s) who are required to purchase training from Esna and pass a certification test. These users will then be provided a PIN number that will allow them to contact Esna for Technical Support by telephone, email, or through EASE.
    • In order to be eligible to receive support during the first year of the implementation, the partner must ensure that the end user organization purchases a support package from Esna. For subsequent years, customers can purchase a maintenance package which provides them with continued support and software assurance during the term of that solution.
      • Customers who purchase a subscription-based solution (aka “per-user-per-year” pricing), are not required to purchase additional support, as support and software assurance are already included in these solutions.
    • Ideally, even if the partner cannot provide the technical proficiency required for Level 1 and 2 support, the partner should continue to act as the primary interface for their customer, logging the problem, facilitating the communication and managing their customer expectations consistent with the terms of the Reseller Agreement.

Definitions

Designated Support Engineer - a person or persons designated by Esna as the technical/engineering support interface for the Software.

Documentation - any user manuals and other documentation including a client guide, customarily provided by Esna (whether print or electronic format) to End Users in connection with the Products.

Error - a defect in the Software that causes such Software to not function substantially in conformance with its specifications, the documentation, or commonly accepted operating principles as defined by industry standards.  Errors are classified according to the Problem Severity.

Incident - a situation that necessitates an End User to contact Partner for assistance.

Product Literature - any documentation (whether in print or electronic format) intended for marketing, support or training purposes in connection with the applicable Product.

Problem - any actual or perceived failure or function impairment, including but not limited to an Error, that causes reduced functionality to the Software.  Problems must be assigned a classification by Partner at the time of Partner’s initial contact with the End User.  Problem classifications may be changed based upon new information. Problems must be classified according to Severity Level as follows:

  • Severity 1. Software failure which results in a critical impact to business operations with no viable Workaround. Software has a safety and/or regulatory standard violation. Repeated and excessive downtime due to Software failure is causing loss of revenue to an End User.
  • Severity 2. Software failure which results in a service interruption or degradation impacting significant aspects of business operations. The Workaround is not accepted by the End User. There is potential risk of losing actual or future revenue as a result of a Software failure.
  • Severity 3. Software failure which prevents some functions from meeting the Software specifications or cause particular features or functionality to be inoperative.  Some business operations are impaired.  Software is useable with limitations that are not critical to overall operations. Workaround is in place.
  • Severity 4. Cosmetic or minor Software or documentation Problem.  General questions or advice.  Minimal business impact. Enhancement requests for Software, documentation or electronic services.

Software Patch - executable software created and made available to correct an Error or malfunction identified in a specific version of Software.

Software Update - a formal software release: (i) that provides minor feature/ functionality enhancements, reliability enhancements, and other improvements to the Software; or (ii) that is a maintenance release that corrects deficiencies and/or bugs affecting performance to the published specifications.

Software Upgrade - a formal software release that is a new or subsequent version of the Software containing new features/functionality.

Technical Support Level or  Level - a certain class of service provided to authorized Partners and End Users. Each Level is defined as follows

  • Level 1.  Problem verification.  First call support.  Technical support staff: (i) responds to technical inquiries regarding Software, installations, configurations; (ii) provides Problem diagnostics services for identifying Problems and generic application faults, analysis; and (iii) provides, where possible, Problem resolution.
  • Level 2.  Problem determination.  Technical support staff: (i) performs Problem isolation and replication, lab simulations and interoperability testing; (ii) provides remote diagnostics services; and (iii) implements a resolution for a Problem that is not the result of an Error.
  • Level 3.  Problem resolution.  Senior. Technical support staff: (i) performs troubleshooting; (ii) isolates a Problem/Error; and (iii) implements a resolution, including development of a Workaround, that restores operations.  In the case of a Software Error, the staff is able to identify the source of the Error, create a reproducible test, and document the details of the Error for escalation.
  • Level 4.  Backup engineering and technical support.  Staff isolates a Problem/ Error and implements a resolution, including, but not limited to, a Licensor Software change (Error correction).

Workaround - a feasible change in operating procedures whereby an End User can avoid any deleterious effects of a Problem.

Support and Maintenance Services

Esna’s Support and Maintenance Services program consists of services provided to End Users who have purchased Support and Maintenance Services from Partner and for End Users who have purchased a subscription-based license.  Such Support and Maintenance Services shall be provided to End Users primarily by Partner, with back up support from Esna, as described later.

Support Services

Partner shall be responsible for Level 1 and Level 2 technical support services to the End Users without assistance from Esna. Esna shall provide Level 3 and Level 4 back-up support to Partner, and shall make such support available to Partner via telephone, EASE, and/or e-mail to Partner’s Authorized Caller(s).

Esna will provide such support to Partner only upon receipt from Partner of a Site License Number identifying the End User as one who has purchased the Support and Maintenance Services from Partner.

Esna will provide these backup support services during normal business hours (7:00 AM – 7:00 PM Eastern time, Monday through Friday, excluding local holidays); beyond normal business hours and on holidays, Esna support staff will be accessible via pager, and telephone support will be provided for Severity 1 Problems.

Authorized Callers and Designated Support Engineers will be the primary contacts between Partner and Esna’s technical support. Partner and Esna will exchange contact information, which will be reviewed quarterly and updated as required.  Partner will register a least one Authorized Caller; all Authorized Callers shall undergo training as set forth in this document.

Problem Resolution and Time Lines

Partner shall reasonably attempt to resolve all End User Problems with the Software prior to contacting Esna.  Esna will not contact or provide direct support to End Users, unless specifically agreed to or requested by Partner.  Esna will provide an initial response to all Partner support requests within one (1) hour.  If unable to resolve, Partner and Esna will agree, in good faith, as to what additional information and/or documentation will be required for resolution.  Esna shall work with Partner in attempting to reproduce any such Problem.

Esna agrees to respond to identified Software Problems, including but not limited to Errors requiring Level 3 or Level 4 support according to the following resolution targets:

  • Severity 1.  Esna shall use commercially reasonable efforts to resolve or reduce the severity via Workaround and/or Software Patch within two (2) business days of receipt of notice from Partner of such Problem.  Esna shall provide an action plan within one (1) business day, and provide regular status updates.  Partner and Esna shall review status after two (2) business days.  A final resolution shall be identified in the action plan, with a permanent correction scheduled for no later than ten (10) business days.
  • Severity 2. Esna shall use commercially reasonable  efforts to resolve or reduce the severity via Workaround and/or patch within five (5) business days of receipt of notice from Partner of such Problem.  Esna shall provide an action plan within three (3) business days, and regular status updates. Partner and Esna shall review status after five (5) business days. A final resolution shall be identified in the action plan, with a permanent correction scheduled for no later than fifteen (15) business days.
  • Severity 3. Esna shall use commercially reasonable efforts to respond to the Problem within ten (10) business days of receipt of notice from Partner of such Problem. Esna shall provide a final resolution within three (3) months.
  • Severity 4. Esna shall use commercially reasonable efforts to respond to the Problem within ten (10) business days of receipt of notice from Partner of such Problem.  A final resolution will be determined and scheduled through mutual agreement between Partner and Esna.

The prescribed resolution targets above may be extended by mutual agreement as necessary.

Problem Status.  Esna shall provide Partner, as a common business practice, a mechanism by which Partner may receive a weekly status report of all Problems reported and/or resolved.  This report shall reference the following Problem information: Partner’s tracking number, open date, severity level, description, status and current action plan to resolve.

Emergency Technical Support. Except as set forth in this document, Esna shall have no responsibility for providing technical support directly to End Users.  However, for Severity 1 Problems unresolved through standard resolution process and deemed by Partner to require emergency, on-site support that would be significantly facilitated by Esna’s assistance; upon request from Partner, Esna agrees to use its commercially reasonable efforts to provide such emergency support within two (2) business days.  Partner will attempt to manage the Incident, such that Esna’s assistance will be transparent to the End User and shall reimburse Esna for its time at mutually agreeable and reasonable rates, plus other reasonable expenses approved in advance by Partner.

Software Maintenance

New Versions

Partner has the right to duplicate Updates and Upgrades to the Software and associated documentation and distribute them to End Users as follows: during the warranty period, Updates shall be available to all End Users; no Upgrades shall be available during that time.  Thereafter, Updates and Upgrades shall be available only to those End Users who have paid for Support and Maintenance Services.

Support for Prior Versions

Esna will provide backup support as provided herein for the current and immediately preceding major release (including all interim minor, and/or maintenance releases) of the Software.

Training Services

Technical Training

Esna shall provide at Partner’s expense technical training for Partner’s employees (including the Authorized Callers) engaged in the technical support and training of the Software.  The initial training consists of an on-line course (currently eight two-hour sessions for OfficeLinx and a short tutorial for Esna Cloudlink). In-person training can be arranged at additional cost. Each training course shall cover in detail, the installation, configuration, operation, troubleshooting, adjustment, test and maintenance of the Software and requires passing an on-line certification test.

Upon the release of each new Software or new version of existing Software with substantial functional changes, Esna shall provide at Partner’s expense complete technical training relating to such new Software or version.

Sales Training

Mandatory sales training is conducted primarily via web sessions, or at Partner’s site, as determined by Esna.  When such classes are conducted at Partner’s facilities, Partner shall provide other required equipment as training aides.

Training Costs

Esna shall offer training throughout the term of this Agreement at Esna’s then current standard rates.  Payment terms shall be based on Partner’s approved credit terms by Esna, as determined by Esna.  If conducted at other than Esna’s facility, Partner shall pay all reasonable costs incurred by Esna’s instructor(s) for documented travel and accommodation expenses during the period of such training, in accordance with Esna’s standard travel policies.

Training Course Materials

Esna shall provide Partner with all materials utilized to provide training in connection with the Software.  Training materials may include, but are not limited to, instructor guides, overheads, student workbooks, and manual/guides.  Esna shall further provide copies of all modifications or other revisions to such training materials, as they become available.