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A . Response . "Response means 'khat an incidurfi 7�eficsrt -will -bv� -assigned by <br /> MobileHWY for resolution . Response times are designated in business hours <br /> based upon the severity of the incident , determined as follows : <br /> 1 ) Critical : The failure causes a system crash or unrecoverable data loss , <br /> MobileHWY' s response time is two ( 2 ) hours or less . <br /> 2 ) High : The failure causes impairment of critical system functions and no <br /> workaround solution exists . MobileHWY' s response time is four (4 ) <br /> hours or less_ <br /> 3 ) Medium : The failure causes impairment of critical system functions but a <br /> workaround solution exists . MobileHWY' s response time is twelve ( 12 ) <br /> hours or less . <br /> 4 ) Low: All other anomalies or action items . MobileHWY's response time is <br /> twenty-four (24 ) hours or less . <br /> B . Resolution . A support request is defined as resolved when Customer: <br /> 1 ) Receives information which resolves the request ; <br /> 2 ) Is informed that the issue is caused by a product, condition , or <br /> circumstance not supported under the Annual SMS ; <br /> 3 ) Is informed that the issue has been resolved in a subsequently- released <br /> product; or <br /> 4 ) Is informed that the request has been referred to MobileHWY' s <br /> engineering team and an acceptable response has been received from <br /> them . <br /> C . Unresolved Issues_ Because of the complexity of computer and wireless <br /> technology , MobileHWY cannot guarantee that the Mobile Applications will be <br /> error-free or free of material defects in all circumstances . MobileHWY will <br /> employ its best efforts to resolve errors or defects covered by the Annual SMS <br /> once Customer has provided MobileHWY with sufficient information to reproduce <br /> the issue . <br /> 4 . Exclusions . The following are not included in Annual SMS but may be separately available at <br /> rates and on terms which may vary from those described herein . <br /> i , Services required due to misuse of the Mobile Applications . <br /> ii . Services required due to attempts by non-MobileHWY personnel to repair , maintain , or <br /> modify the Mobile Applications , where such attempts are not authorized by MobileHWY. <br /> iii . Services required due to software corrections , customizations , or modifications not <br /> developed or authorized by MobileHWY. <br /> iv. Services required due to external causes including , but not limited to , Customer' s use of <br /> software and hardware not on the MobileHWY and Customer' s mutually agreed upon list. <br /> v. Consulting services including , but not limited to , performance tuning , development of <br /> code modifications for specific operating environments , and network integration . <br /> vi . Maintenance or support of Customer' s computer or mobile hardware . <br /> vii. Weekend or holiday support. <br /> 5 . Customer Responsibilities. Customer will : <br /> Page 2 of 4 <br />