Technical Support Policies
Support & Maintenance Policies
These Technical Support and Maintenance policies apply to technical support and maintenance services provided by SkySync, Inc. (SkySync) for its software products and documentation (collectively "Software"). "you" and "your" refer to the individual or entity that is currently eligible for SkySync Technical Support and Maintenance for the Licensed Software from SkySync.
Patches, bug fixes, enhancements, and general updates to the Software, as well as upgrades to new versions of the Software will be made available to you, provided that you are current on your payments for technical support and maintenance services. These are provided without additional charge to you and are considered part of the Software and licensed to you pursuant to your license for the Software. Technical support and maintenance services are provided for any given release of the Software one year from the point in time when a newer release of the Software became available.
SkySync also maintains an on-line support portal (https://skysync.atlassian.net/wiki/spaces/S4D/overview) to assist you in logging and tracking service requests, as well as a collection of self-help tools in the form of downloads, knowledge bases, and FAQs. You will receive credentials to access the portal upon receipt of an executed software license agreement and order. Your access to this portal shall continue during the term of your support and maintenance contract.
Severity Levels
SkySync will use reasonable efforts to correct errors and provide maintenance for the Software as outlined below. SkySync, as mutually agreed upon, can change the severity level associated with a service request if it is determined that the issue does not meet the criteria defined below. Additionally, SkySync may choose to close a service request if the problem being reported is not reproducible. All requests for technical support and maintenance assistance will include one of the following severity levels:
(i) Severity 1 (Emergency) – The Software or a significant portion of the Software is totally inoperative, and no workaround exists. Assigning this severity level to a service request should be limited to situations where a production or "live" environment is completely inoperable.
(ii) Severity 2 (High) – The Software is usable but is functionally degraded or restricted in a significant way and no workaround exists. Assigning this severity level to a service request should be limited to situations where the normal operation of the system or a significant part of the system has been disrupted.
(iii) Severity 3 (Low) – The Software is usable, but one or more functions may not operate as expected. This is a non-critical situation or one for which an acceptable, albeit temporary, workaround has already been provided.
Response Times
SkySync will make reasonable efforts to respond to technical support and maintenance requests based on the severity level as shown below. The "Response Time" is the time elapsed between the initial report by you and when SkySync aims to send an initial response to your report. A "business day" means a regular business workday other than a Saturday, a Sunday or the following U.S. public holidays:
Thanksgiving Day and the day after
Christmas Eve and Day
New Year's Eve and Day
"Standard Business hours" means the hours between 9 am and 5 pm Eastern Time on a "business day". Severity Response Times:
2-business hours
"Extended Business Hours" are any hours beyond Standard Business Hours. Severity Response Times:
12-business hours
Target Resolution Times
While SkySync makes no warranties about actual resolution times, we will make all reasonable efforts to resolve technical support and maintenance requests based on the severity level as shown below:
Severity 1: Target Resolution Time = 3 Calendar Days
We will make all reasonable efforts to provide you with resolution to your problem or reduce the impact of the problem to a Severity 2 or 3 within the target resolution time. SkySync support staff will maintain regular communication with you regarding the problem at mutually agreed upon intervals. If the resolution involves a code correction, you will be supplied with a short-term corrective action in the form of a hotfix, with a long-term corrective action incorporated into the next general release or service pack.
Severity 2: Target Resolution Time = 7 Business Days
We will make all reasonable efforts to provide you with resolution to your problem or reduce the impact of the problem to a Severity 3 within the target resolution time. SkySync support staff will maintain regular communication with you regarding the problem at mutually agreed upon intervals. If the resolution involves a code correction, you will be supplied with a short-term corrective action in the form of a hotfix, with a long-term corrective action incorporated into the next general release or service pack.
Severity 3: Target Resolution Time = 12 Business Days
We will make all reasonable efforts to provide you with resolution to your problem within the target resolution time. If the resolution involves a code correction, you may be supplied with a short-term corrective action in the form of a hotfix, with a long-term corrective action incorporated into the next general release or service pack.
Your Obligations and Restrictions
You agree to install all updates for the Software you have licensed within a reasonable period of time. You will be notified via e-mail of released software updates. You acknowledge that failure to update the software in a timely fashion may render the software inoperable, at which point SkySync will not be required to provide technical support.
You agree to give SkySync access to the installed Software as necessary and make all reasonable efforts to aid SkySync staff in determining the cause of any problem. This includes, but is not limited to, setting up and providing a Web conferencing tool (e.g.: Microsoft Teams, GotoMeeting, etc.) gathering error logs and executing test scenarios. SkySync will provide Licensee with the type of connectivity to be used for remote access; Licensee must pre-approve all remote access arrangements. (Upon mutual agreement with the customer, limited VPN access may be required). Any such remote access by SkySync shall be subject to SkySync's compliance with the confidentiality requirements set forth in the license agreement between SkySync and Licensee. Failure to provide access to the installed Software, or failure to provide reasonable efforts in assisting SkySync in its problem resolution efforts as set out above, shall extend the "Target Resolution Times" by a period equal to the time of the delay in providing said access.
If you request SkySync to provide technical support and maintenance services for (i) problems caused by your use of the Software outside the scope of the Software license or documentation or by any changes or modifications to the Software not authorized by SkySync; (ii) problems caused by any changes to your system environment; or (iii) any problem for which SkySync is not obligated to provide technical support and maintenance services, such technical support and maintenance services are subject to availability of SkySync personnel and will be billed to you at SkySync' standard time and materials rates at the time of such service. Furthermore, the resolution of any such problems shall not serve as the basis for the termination of this contract by you.
Technical support and maintenance services shall commence upon the date indicated in the applicable ordering document or invoice from SkySync and continue for the period specified.
If your license to the Software is terminated, SkySync's obligation to provide technical support and maintenance services terminates at the same time. The termination, cancellation or non-renewal of technical support and maintenance services does not relieve you of your obligation to pay any amounts due or accrued as of the date of termination, or any other of your obligations to SkySync then or thereafter accrued.