Sufficient Software – Support Agreement 1

SERVICE DESCRIPTION

Introduction

The customer is eligible to receive the following services for the supplier’s software upon payment of the agreed support and maintenance fees, in accordance with the established terms and conditions.

Definitions

Unless the context requires otherwise, the following words and expressions shall have the meanings set out below as used in this Agreement:

“Business Day” refers to any day from Monday to Friday, excluding public holidays in South Africa, that aligns with the Supplier’s support operating days.
“Business Hour” means the period from 8:00 AM to 5:00 PM on a Business Day. Support operating hours are subject to change.
“Documentation” refers to the product manuals and materials made available by the Supplier to licensees of the Software. Certain solutions may not have accompanying Documentation.
“Error” means a verifiable and reproducible failure of the Software to conform to its specifications. However, an “Error” does not include failures resulting from:
(i) the use or operation of the Software with incompatible software, code, or an environment not recommended in the Documentation;
(ii) modifications made to the Software without the Supplier’s prior written approval; or
(iii) defects, bugs, or errors in third-party software used with the Software.
“Error Correction” refers to any modification, addition, or deletion made to the Software that ensures compliance with the current specifications or provides a procedure that eliminates any material adverse effect caused by an Error. An Error Correction may be in the form of a correction, workaround, fix, or product release.

“Fix” means a defect resolution at the component level, created by the Supplier to address specific issues. Fixes may be identified through the Supplier’s internal Quality Assurance processes or Customer-reported issues. Fixes are:
(a) Tested to confirm resolution within the target configuration;
(b) Cumulative within functional sub-components;
(c) Periodically consolidated into planned product releases; and
(d) Made available to other Customers via the relevant support channels.
“Innovation Release” refers to a product release that provides Customers with early access to new capabilities. Innovation Releases have a shorter maintenance and support period compared to Standard Releases and are explicitly labelled as such in Documentation and software download tools.
“License Agreement” refers to the End-User License Agreement (EULA) under which the Software is licensed to the Customer.
“Major Version” denotes a software release that introduces significant new features and functionality. Some Major Versions may require a complete reinstallation rather than a simple in-place upgrade. A version number that increases its leading digit (e.g., 4.x → 5.x) is considered a Major Version.
“Minor Version” refers to a software release that includes new features and functionality along with fixes. Minor Versions typically support in-place upgrades without requiring a full reinstallation. A version number that increments the secondary digit (e.g., 1.2 → 1.3) is considered a Minor Version.
“Software” means the Supplier’s software programs licensed to the Customer under the License Agreement.
“Sufficient Software Support” refers to the Supplier’s support organization responsible for providing support and maintenance services to the Customer.
“Sufficient Software Support Contact” refers to the designated Customer support contact within the Supplier’s organization.
“Release” denotes a full product version that is actively maintained and supported over an extended period.
“Update” refers to the application of a fix or documentation refresh within a Major or Minor Version.
“Upgrade” means a modification to either a Major or Minor Version.

Standard Maintenance and Support Services

Supplier´s ’s Standard Maintenance and Support Service consists of the following services:

9×5 support services (9 hours a day; 5 days a week) are provided by email support for critical and standard incidents according to this agreement during Business Hours. Customers will receive an initial response within the defined reaction times stated within this agreement.
Email support: Monitored 8:00am to 5:00pm Monday through Friday South Africa Standard Time.
Up to two (2) authorized technical contacts (ATC) of the Customer is entitled to submit cases. and not per contract.
To protect against improper use of services, services may only be requisitioned by these ATCs previously- reported to the Supplier.
Customer may request additional authorized contacts. ATC Group accounts that are used by multiple Customer representatives are not allowed. One Customer representative equals one ATC only.

Software and Documentation Updates

These are available on an as and when available basis and Supplier’s support provides:

New versions of licensed Supplier’s products
Updates of software containing error corrections
Documentation updates for the software

Processing Customer Requests

Customer requests will be received by Supplier´s support desk and will be documented and processed in Supplier´s internal support portal. The Customer will be given a reference processing number (CaseID) for future reference.

(a) All crisis incidents must be submitted to Supplier’s support email. When submitting incidents to Supplier’s support, Customer must indicate the product and severity in the subject line.
(b) All incidents must be submitted to Supplier’s support by email. When submitting incidents to Suppliers’ support, Customer must indicate product and severity in the subject line.
(c) All communications will be in Afrikaans and/or English, depending on the language used by the customer.
(d) When responding to the Supplier’s support by email, the Customer must maintain the incident/ticket number in the subject line to ensure continuity of incident commencement or resolution.
(e) Supplier’s support has no obligation to solve the Customer’s issue within the reaction or any other time.
(f) Supplier’s support has no obligation to solve the Customer’s incident within the reaction or any other time.

Service Expectations – Package 1

Severity Levels	Critical	Standard
Definition	The customer problem presents a significant business impact; however, operations can continue in a restricted fashion. The Software is used but severely limited. There is no acceptable workaround available. The customer is experiencing significant loss of service.	Customer’s problem has some business impact. The Software is used and causes only minor inconvenience. It may be a minor error, a documentation error, or incorrect operation of the application, which does not significantly impede the operation of a system.
Reaction Time	4 Business Hours: call-back or electronic reply	One Business Day: call-back or electronic reply
Reporting	As agreed between Supplier’s support and Customer on a case-by-case basis	As agreed between Supplier’s support and Customer on a case-by-case basis
Reaction Measure	Once root cause analysis is complete, Customer is provided an error correction timeline.	Published documentation provided related to software release which will resolve the incident. Indication that changes/ enhancements are being handled in accordance with Supplier´s ’s strategy.
Required Effort	Economically justifiable effort within the standard scope of resources	Reasonable effort within standard scope of resources

Service Limitations – Package 1

Support and Maintenance includes up to 4 hours of support per month at a Rate of R650p.h. Any additional support beyond this limit will be billed at the standard support rate.
Travelling costs for on-site visits are not covered under Support and Maintenance.
Support and Maintenance does not cover modifications, enhancements, or new feature requests.

Tools and Processes

Supplier’s support uses the following processes and tools to solve or find a workaround to the Customer’s issues:

Fault Diagnosis

Evaluation of Customer data supplied (including diagnostic information)
Classification of the reported situation as a product issue, user issue or third-party issue
Research in Supplier’s knowledge base
Reproduction of the error situation (where possible)
Code Discovery and Debugging

Remote Diagnosis

Supplier’s support may perform remote diagnosis to facilitate issue analysis. In such case, Supplier’s support will access Customer’s environment via a Remote Online Diagnostic Tool for purposes of diagnosis and analysis only. Remote access to Customer’s environments will occur during Business Hours at the times agreed between the Customer and Supplier´s support.

Diagnosis Results

Results and/or solutions or workarounds will be provided via one of the following methods:

(a) Telephone/Online meeting

(b) Email

End of Maintenance

Expired Support

All fixes made available prior to the end of the support and maintenance period (“Available Fixes”) will remain accessible to the Customer. After the end of the support and maintenance period, full support and the provision of new fixes may be offered at the Supplier’s discretion and may be subject to an additional fee.

Customer Responsibilities

The services to be provided are subject to the following conditions:

(a) The Customer has fully paid all applicable support and maintenance fees.

(b) The Customer has entered into a valid License Agreement with the Supplier for the Software to be supported and has fully paid all applicable license fees that are due.

(c) The Software is installed either at the Customer’s premises or at a site operated by a third party on behalf of the Customer, provided the site is directly associated with the Customer’s company (e.g., an outsourcing provider engaged by the Customer).

(d) The Customer grants the Supplier remote access to the relevant environment when support is requested.

(e) The Customer implements appropriate security measures to ensure that the Supplier’s access is limited to the areas necessary for support.

(f) The Customer has installed the supported release level of the Software at the time the support request is made.

(g) The Customer uses hardware, operating systems, and database software that comply with the specifications required for the supported release level of the Software at the time of the request.

(h) The Customer provides the Supplier’s support team with:

Sufficient information and assistance as reasonably requested, including appropriate access to computing resources;
All relevant information about the issue or error;
Any specific third-party expertise relevant to the Customer’s environment, if applicable;
Details of any software tools used, upon request.