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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />1R. SMITH, CLERK <br />messages appearing upon login to the Software or other means of broadcasting Status Update(s) to multiple customers affected by the same Error, <br />such as a customer portal. <br />2.3. ESO's support desk will be staffed with competent technical consultants who are trained in and thoroughly familiar with the Software and with <br />Customer's applicable configuration. Telephone support and all communications will be delivered in intelligible English. <br />2.4. Normal business hours for ESO's support desk are Monday through Friday 7:00 am to 7:00 pm CT. Customer will receive a call back from a Support <br />Representative after-hours for a Severity 1 Error. <br />3. ERROR PRIORITY LEVELS. Customer will report all Errors to ESO via e-mail (su000rt@eso.com) or by telephone (866-766-9471, option #3). ESO shall <br />exercise commercially reasonable efforts to correct any Error reported by Customer in accordance with the priority level reasonably assigned to such Error by <br />ESO. <br />3.1. Severity 1 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within four hours; (iii) initiate Management <br />Escalation promptly; and (iv) provide Customer with a Status Update within four hours if ESO cannot resolve the Error within four hours. <br />3.2. Severity 2 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within eight hours; (iii) initiate Management <br />Escalation within 48 hours if unresolved; and (iv) provide Customer with a Status Update within forty-eight hours if ESO cannot resolve the Error within <br />forty-eight hours. <br />3.3. Severity 3 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within three business days; and (iii) provide <br />Customer with a Status Update within seven calendar days if ESO cannot resolve the Error within seven calendar days. <br />3.4. Severity 4 Error. ESO shall (i) provide an Initial Response within seven calendar days. <br />4. CONSULTING SERVICES. If ESO reasonably believes that a problem reported by Customer is not due to an Error in the Software, ESO will so notify Customer. <br />At that time, Customer may request ESO to proceed with a root cause analysis at Customer's expense as set forth herein or in a separate SOW. If ESO <br />agrees to perform the investigation on behalf of Customer, then ESO's then -current and standard consulting rates will apply for all work performed in <br />connection with such analysis, plus reasonable related expenses incurred. For the avoidance of doubt, Consulting Services will include customized report <br />writing by ESO on behalf of Customer. <br />5. EXCLUSIONS. <br />5.1. ESO shall have no obligation to perform Error Corrections or otherwise provide support for: (i) Customer's repairs, maintenance or modifications to <br />the Software (if permitted); (ii) Customer's misapplication or unauthorized use of the Software; (iii) altered or damaged Software not caused by ESO; <br />(iv) any third -party software; (v) hardware issues; (vi) Customer's breach of the Agreement; and (vii) any other causes beyond the ESO's reasonable <br />control. <br />5.2. ESO shall have no liability for any changes in Customer's hardware or software systems that may be necessary to use the Software due to a <br />Workaround or Fix. <br />5.3. ESO is not required to perform any Error Correction unless ESO can replicate such Error on its own software and hardware or through remote access <br />to Customer's software and hardware. <br />5.4. Customer is solely responsible for its selection of hardware, and ESO shall not be responsible the performance of such hardware even if ESO makes <br />recommendations regarding the same. <br />6. MISCELLANEOUS. The parties acknowledge that from time -to -time ESO may update its support processes specifically addressed in this Exhibit and may do <br />so by posting such updates to ESO's website or otherwise notifying Customer of such updates. Customer will accept updates to ESO's support procedures <br />and any other terms in this Exhibit; provided however, that they do not materially decrease the level of Support Services that Customer will receive from <br />ESO. THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES <br />NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. <br />0 <br />0 <br />LU <br />4909 <br />L0I <br />Q) <br />w <br />m <br />n <br />
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