Software Service and Support Agreement

Software Service and Support

Evisions shall provide Licensee ongoing access to program updates for the Licensed Product(s), including bug fixes, updates and version upgrades that, in each case, increase software functionality and performance. All such bug fixes, updates and version upgrades are deemed to be Licensed Product(s) hereunder, subject to all applicable terms and conditions of the Software License Agreement. Evisions may update the following support conditions at its discretion from time to time.

Software support is provided via Evisions Customer Community. Evisions Customer Community support requests are monitored during normal business hours (Monday – Friday, 5:00 AM – 5:00 PM PT, some exclusions apply). Support includes remote troubleshooting, instruction for the use and operation of the Licensed Product(s) by way of online user manuals, white papers, case studies, release guides and on-line tutorials. Client will also have access to knowledge articles on the Evisions Customer Community for answers to common problems that may arise. Evisions and Licensee may mutually agree upon the provision of custom professional services to be provided for an additional fee. To obtain software support, Client shall submit a support request through the Evisions Customer Community, with verifiable and reproducible evidence of problem, questions, or requests for assistance. Client will cooperate and work closely with Evisions in conducting diagnostic and/or troubleshooting activities as requested.

Upon receipt of a support request, Evisions shall respond based on the priority status as noted by the Client on the request in accordance with the following status definitions:

• Urgent – Production Down. Reserved for highest severity issues when the production environment is down. Evisions will respond within one (1) hour from the time the request is received (during business hours or within one (1) hour of opening if the request is not received during business hours).
• High – Production Critical. Reserved for issues in which the production environment is significantly impaired, but not actually down. Evisions will respond the same day the request is received (if the request is received by 4:00 pm Pacific Time of any day the help desk is open or, if received later, the next business day).
• Medium – Time Sensitive. Evisions will respond within 24 hours of the time the request is received, excluding in the computation of such 24 hours any days outside of normal business hours. (For example, if such a request is received at 1:00 pm on a Friday, Evisions will respond by 1:00 pm on the following Monday, if such Monday is within normal business hours.)
• Low – Non Essential Timeline. Evisions will respond within 48 hours of the time the request is received, excluding in the computation of such 48 hours any days during which the help desk is not open. (For example, if such a request is received at 1:00 pm on a Friday, Evisions will respond by 1:00 pm on the following Tuesday, if neither such Tuesday nor the preceding Monday is outside of normal business hours.)

Products have a maximum number of annual hours per agreement term:

• IntelleCheck support includes:   Initial installation troubleshooting assistance, ongoing updates and software maintenance, assistance with original check template layout and setup (changes to electronic signature, additions and/or modifications to bank codes/accounts, new institution logos, etc.), troubleshooting software problems as needed. Maximum of 10 support hours annually per Licensed Product. (Accounts Payable and Payroll software are supported separately, therefore a Licensee using both applications shall be entitled to 10 support hours annually for each) . Changes to the original check template layout or data fields on the template may require a custom quote for these types of projects.  Banner upgrades require 30-day advance notice to Evisions.
• FormFusion support includes: Initial installation troubleshooting assistance, ongoing updates and software maintenance, troubleshooting software problems as needed. Maximum of 10 support hours annually. Unlimited access for download of Evisions standard templates (including annual tax forms) on the website, unless purchased license is restricted to set number of processes. Assistance with custom template design/creation available by specific quote. Banner upgrades require 30-day advance notice to Evisions
• Argos support includes: Initial installation troubleshooting assistance, ongoing updates and software maintenance, troubleshooting software problems as needed. Maximum of 20 support hours annually.  Unlimited access to Evisions Co-Op for shared DataBlocks. Professional services available by specific quote.
• Solutions support includes:  Post-implementation troubleshooting assistance, ongoing updates and software maintenance, troubleshooting software problems as needed. Maximum of 20 support hours annually.  Professional services available by specific quote.

Additional Support

The software service and support set forth in above section are the only services and support Evisions shall be obligated to provide to Licensee under this Agreement. Any other support services Licensee wishes to receive with respect to the Licensed Product(s), including, but not limited to, out-of-scope work or work outside of regular hours, shall be provided pursuant to a separate agreement between Evisions and Licensee, including by an Order Form for additional Services signed by both parties under this Agreement.

Conditions

As a precondition to Evisions’ responsibility to provide software service and support, Licensee shall ensure that: (i) the Licensed Product(s), as well as any associated third party software and equipment is installed and operated according to applicable specifications; (ii) Licensee has installed all updates to the Licensed Product(s) and associated third party software and equipment as recommended by Evisions and Licensee has maintained all environmental conditions according to applicable specifications and industry standards; (iii) Licensee has not introduced other equipment or software having an adverse impact on the Licensed Product(s); (iv) any specifications supplied by Licensee to Evisions are accurate and complete; and (v) Licensee has made no changes to the Licensed Product(s), nor permitted any changes to be made, other than by or with the express written approval of Evisions.

Obsolete Versions

Not withstanding any contrary provision of this Agreement , Evisions shall have no maintenance or  support obligations in respect of any Obsolete Version of the Licensed Product(s ), where “Obsolete Version” means any version of the Licensed Product(s ) no longer supported by Evisions, in its sole discretion.