Serenic will provide service to customers, under the following terms and conditions, in relation to Serenic Products.
During the term of this agreement, and in concurrence with having an Annual Software
Maintenance plan established, Serenic will provide the customer with available database
hotfixes, critical updates, improvements, major releases and/or new versions of the
software along with other generally available technical material. All hotfixes, critical
updates, improvements, major releases and/or new versions of the software shall be subject
to the terms
of the Software Licensing Agreement (SLT).
Customer will provide all information requested by Serenic in order to aid in the technical
support process, including back-up copies of programs, data, and storage media as may be required.
Customer will, where applicable and directed by Serenic, install or have installed software updates pertaining to
Serenic products as soon as practicable after they have been made available.
Serenic will assist customer with all supported versions of Serenic Products. This will
generally be limited to the most current major release and one major release back. While
Serenic will use its best efforts to support “how to” inquiries on product versions older than
what is stated above, approved non-existent product “Hotfixes” will only be provided for
unretired versions of the software.
Serenic will provide telephone software support on a business day basis. Business day
is defined as 9:00 AM through 6:00 PM Eastern Time, excluding holidays and weekends.
In addition, Serenic will provide an e-mail based support system generally available
during the same standard business hours noted above. The preferred method of support is
through e-mail as phone calls may not immediately reach a support technician if they are
assisting other customers. All support phone calls are routed in hunt group order until
an available technician is located. If they are all busy, a voice mail may be left which
is routed directly to the support e-mail inbox in the order in which it was received.
Serenic will use its best efforts to cure, as described below, reported and reproducible
errors in the software. Serenic utilizes the following three (3) severity levels to categorize
reported problems and assumes the issue(s) to be deficient against base out-of-the box or customer
specific customizations and not related to non-existing functionality.
SEVERITY 1: CRITICAL BUSINESS IMPACT
The impact of the reported deficiency is such that the customer is unable to either use the
software or perform time critical business functions with the software. In such instances,
Serenic will commence work on resolving the deficiency within one (1) hour of notification and
will engage appropriate staff during normal business hours until an acceptable resolution is
achieved.
SEVERITY 2: SIGNIFICANT BUSINESS IMPACT
Important features of the software are not working properly and there are no acceptable, alternative
solutions. While other areas of the software are not impacted, the reported deficiency has created a
significant, negative, yet non-critical impact on the customer's productivity or service level. Serenic
will commence work on resolving the deficiency within two (2) hours of notification and will engage
appropriate staff during normal business hours until an acceptable resolution is achieved.
SEVERITY 3: MINIMAL BUSINESS IMPACT
Important features of the software are not working properly; however, an alternative solution is
available. The customer impact, regardless of product usage, is minimal loss of operational functionality
or implementation resources. Serenic will commence work on resolving the deficiency within one (1)
business day of notification and will engage staff during normal business hours until an acceptable
resolution is achieved.
Support Requests will be processed in the order in which they are received, with priority given
first to Severity 1 incidents, followed by Severity 2 and so on.
Support incidents will be closed when Serenic believes a resolution has been reached and
notification to that effect has been sent to the originating customer contact. After such time, if
further assistance is required, customers may reopen the incident by initiating contact with Serenic
Support and referring to the support ticket number.
Limitations to technical support provided to a customer may, at Serenic’s discretion,
include the following:
Submissions that require scheduled training sessions to review features and
functionality of Serenic products that last greater than 30 minutes in duration.
Services relating to report writing and/or custom programming. Such requests
require dedicated project management, consulting and development resources.
This agreement is not intended as a consulting agreement for services. With respect to
severity one (1) Critical Business Impact, Serenic may, with the concurrence of the
customer, elect to send senior consulting and/or development staff to the customer location
to accelerate problem resolution. Serenic will be responsible for the initial costs associated
with this escalated problem resolution if the problem is determined to be related to supported
software. If it is determined that the problem was not related to the supported software, the customer
agrees to pay reasonable travel and lodging expenses in addition to Serenic's standard consulting rates.
Serenic also reserves the right to determine the severity level of each support incident and may require
the customer’s project sponsor to verify the requested level.
Service provided as a consequence of hardware or network failures, or of software not covered
by this Agreement;
Service provided as a consequence of incompatibility of systems, network software or
peripheral devices not approved by Serenic;
Service provided as a consequence of catastrophe (as exemplified by fire, flood, earthquake, other
natural disasters and civil unrest), fault, or negligence of customer;
Service relating to inadequate knowledge of the customer in regards to payroll and/or accounting
practices; and,
Service relating to data recovery.
Product enhancement requests related to features, functionality and/or documentation are not considered
support incidents and will only be accepted and logged into Serenic’s internal enhancement database
for future consideration by product management.
The software support and services included with each package, become effective on the date specified
within the fully executed agreement. The agreement may be suspended or terminated for non-payment
or material breach. Fees paid are non-refundable unless Serenic has materially breached the agreement
and has failed to cure the breach after 30 days written notice.
Support Plan expirations, renewals and extensions.
Excluding unlimited support, support packages do not expire and may be used until retainer is
fully depleted.
Additional hours may be purchased at any time and does not have to coincide with the original support
and/or annual maintenance anniversary date.
At the time of renewal, the value of any unused support hours will be deducted from the purchase
price of any subsequent plan.
Serenic will issue a renewal notification once the support plan balance remaining is reduced to
$500.00 or less.
Serenic may refuse to provide support if no current support plan has been established in the customer’s
name.
Support plans may not be retroactively applied to previously invoiced services.
Serenic will provide consulting and development services, upon request of customer,
as may be required to resolve issues with Serenic Products, acting reasonably.
Serenic will invoice the designated company at standard rates, for all consulting and development
services not covered by the Serenic Support Plan.
Where considered appropriate and acting responsibly, Serenic reserves the right to limit each
customer contact to 15 minutes and complete follow through as mutually agreed upon.
Where considered appropriate and acting responsibly, Serenic reserves the right to re-classify support
incidents as a managed project which will be invoiced outside the terms and conditions of the support
plans outlined in the agreement.
Times by which Serenic will perform under this Agreement may be postponed automatically to the extent
that we are prevented from meeting them by causes beyond reasonable control. For instance,
Serenic will function as front line support for all third-party software functionality sold through
Serenic Software, Inc. However, Serenic may need to escalate support issues back to the original
manufacturer for resolution, and could be delayed while waiting for a response.
The term "software" as used in the Agreement includes the following list of supported software:
Serenic Navigator
Serenic Portals
Serenic HCM
Jet Reports
MS Dynamics NAV Development Tools
Databackbone Replicator
Matriks Document Management
ExpandIT Tape Backup Utilities
Serenic will undertake all best reasonable efforts to provide technical assistance under the Agreement
and to rectify or provide solutions to problems where the software does not function as described in the
software documentation, but Serenic does not guarantee that the problems will be solved or that any item
will be error-free. The agreement is only applicable to Serenic Software running under the certified
environments specified in the release notes for that product. Serenic will provide the client with
substantially the same level of service throughout the term of the Agreement. Serenic may from time to
time, however, discontinue software products or versions and stop supporting software products or versions
one year after discontinuance, or otherwise discontinue any support service. THE FOREGOING WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR PROMISES TO CUSTOMER OR ANY THIRD PARTY, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY
STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE. EXCEPT AS PROVIDED ABOVE, THE SERVICES
AND MAINTENANCE ARE PROVIDED "AS IS". Serenic is not liable for incidental, special or consequential
damages for any reason (including loss of data or other business or property damage), even if foreseeable
or if customer has advised of such a claim. Serenic's Liability shall not exceed the fees that customer
has paid under the Agreement. Customer agrees that the pricing for the services would be substantially
higher but for these limitations.