- This Support Services Policy outlines the support services provided by DotParse to its customers. It is available at www.dotparse.com/support or such other website address as may be notified to the Customer from time to time. DotParse may amend this document from time to time in its sole discretion provided that the amendment does not result in less favorable terms of support.
- DotParse provides Level 1, Level 2, and Level 3 support during normal business hours, 8.00 a.m. – 5 p.m. (UTC+2) Business Days. Level 1 support filters Help Desk calls and provides basic support and troubleshooting, while Level 2 and Level 3 support handles more advanced issues.
Problem and Defect Classification
- DotParse shall classify Defects and Problems according to the following priority levels:
- Priority Critical: involves severe technical or financial impact for Customer or a severe disturbance problem affecting a specific area or the whole system.
- Priority Major: involves an important but not critical technical or financial impact for Customer or an important but not critical problem effect on the functioning of the system.
- Priority Minor: involves a minor technical or financial impact for Customer or a minor problem with a minor effect on the functioning of the system.
Reclassification of a Defect/Problem may be done by mutual agreement between DotParse and Customer. DotParse might also change a classification made by Customer if, in DotParse’s reasonable opinion, an unmotivated high classification is requested.
Trouble Report and Notification
- DotParse shall notify Customer of Defects and requests for Problem solution by a Trouble Report posted via DotParse’s Support Portal. The Trouble Report shall include the necessary information, as appropriate.
Response Time and Progress Update
- DotParse shall initiate support for Defects within the time frames stated below and provide progress updates according to the steps described within the action plan:
- Critical: initial response in 4 hours within business days, progress update every 2 hours, resolution objective in 6 hours 2 Business Days.
- Major: initial response in 1 business day, progress update every 3 business days, resolution objective in 4 2 business days.
- Minor: initial response in 2 business days, progress update every 10 business days, resolution objective in 15 business days.
- For Problems/Defects classified as “Critical,” DotParse shall, where appropriate, first create a Workaround and thereafter a final solution within the stipulated time frames. Critical services shall primarily be provided by telephone support. DotParse may provide on-site support by sending an expert to the relevant site within 24 hrs from the receipt of such request if deemed necessary.
- Each single Support request from Customer that exceeds the stated response times will be escalated to DotParse head of Operations. Priority “Critical” shall immediately be escalated to DotParse Management .
- DotParse shall perform all support services in a diligent, competent, and professional manner. DotParse provides support for the most current or previous two versions to current revision of Products. DotParse shall not be liable for any delay or impossibility to perform due to network failure or any other disturbance in the access to the Products provided that the delay or impossibility to perform is not the result of a Problem/Defect in DotParse’s Software or Products. DotParse may recommend new versions as a correction, and if the customer does not accept DotParse’s recommendation, DotParse shall have the right to terminate the support agreement. DotParse may not subcontract support services without the Customer’s prior written consent. DotParse reserves the right to charge for all actions taken outside the scope of support services.
This Support Services
TERM AND TERMINATION
This Support Services Policy shall be in effect from the date the Customer purchases the DotParse Products and shall continue until the expiration of the Customer’s license to use the DotParse Products unless earlier terminated by DotParse or the Customer subject to any agreement
Either party may terminate this Support Services Policy immediately upon written notice if the other party breaches any material term or condition of this Support Services Policy and fails to cure such breach within 30 days after receipt of written notice thereof.
Either party may terminate this Support Services Policy at any time upon written notice if the other party becomes insolvent, seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if the other party is dissolved or otherwise ceases to carry on business.
Upon termination of this Support Services Policy for any reason, DotParse shall have no further obligation to provide Support to the Customer. The provisions of this Support Services Policy that by their nature should survive termination shall survive termination, including but not limited to the provisions relating to Services Limited Warranty, Products Limited Warranty, Obsolete Versions, Sub-Contractors, and Right to Charge for Action Outside Support Scope.
During the course of providing Support Services, DotParse may have access to the Customer’s confidential and proprietary information. DotParse shall use such confidential and proprietary information only for the purpose of providing Support Services and shall protect the confidentiality and proprietary nature of such information with the same degree of care as it uses to protect its own confidential information.
LIMITATION OF LIABILITY
DotParse shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with this Support Services Policy, whether or not such damages were foreseeable and whether or not DotParse has been advised of the possibility of such damages.
DotParse’s liability for damages arising out of or in connection with this Support Services Policy, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to the amount paid by the Customer for the Support Services during the 12-month period immediately preceding the event giving rise to such liability.
Nothing in this Support Services Policy shall limit or exclude either party’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.
GOVERNING LAW AND DISPUTE RESOLUTION
This Support Services Policy shall be governed by and construed in accordance with the laws of the jurisdiction in which the Customer is located, without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim arising out of or relating to this Support Services Policy or its breach shall be settled by arbitration in accordance with the rules of the arbitration organization agreed upon by the parties or, in the absence of agreement, in accordance with the rules of the International Chamber of Commerce. The arbitration shall take place in the jurisdiction in which the Customer is located. The language of the arbitration shall be English.
The parties agree that the decision of the arbitrator shall be final and binding on the parties, and that judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This Support Services Policy, together with any separate Service Level Agreement entered into by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, relating to such subject matter. No amendment or modification of this Support Services Policy shall be valid or binding on the parties unless in writing and signed by both parties.