This Application Service Provider Agreement, with Exhibit
attached, (the “Agreement”) is effective on the date last executed
by the parties (“Effective Date”), by and between Vovici
Corporation, a Delaware Corporation with principal offices at
President's Plaza, 196 Van Buren Street, Suite 400, Herndon, VA
20170 (“Vovici”) and you (“Customer”). If you are entering into
this agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity to these
terms and conditions, in which case the term “Customer” refers to
such entity.
1. SERVICES. Vovici agrees to provide
Customer access to the current Vovici Corporation Survey Solution
offering described in the Order Form attached hereto as Exhibit
B and available online at the Customer designated URL as of the
Activation Date. (the “Services”). The Services are offered
subject to the terms of this Agreement including restrictions and
number of authorized users in Customer’s organization for which
Customer has purchased user licenses as specified on the Order
Form. “Activation Date” means the day following the issuance
of user passwords to Customer to access the Services as set forth
in Section 5 below. Following the Activation Date, Customer
may place orders for upgrades (i.e. modifications, additions or
substitutions that result in a change, improvement or addition to
the Services), as well as for additional user licenses, by the
parties executing one or more additional Order Forms.
Vovici’s prices and terms in effect on the date of signing such
additional Order Form(s) shall apply to such additional services
and/or users.
The restrictions in each applicable Order Form indicate the level
of access permitted to the features of the Services. Not all
types of Services my apply or be included in each Order Form.
For purposes of this Agreement, the following definitions
apply:
“Administrator User” is a user that is mapped to a role
that has any of the following permission bits turned on:
create user, edit user, import user, create role, edit role.
“Survey Author User” is a user that is not classified as an
Administrator user, but is mapped to a role that has any of the
following permission bits turned on: create survey, edit
survey, import survey, create profile, edit profile, import
profile, create invitations, edit invitations, create participants,
edit participants, or import participants.
“Lite Survey Author User” is a user that is classified as a
Survey Author user (above), but has any of the four (4) following
permission bits turned off: Word Processor editor, Advanced
Branching, Page Rotation, Block Rotations, Hierarchical Questions,
Scoring, Email Triggers, Translation, and Custom Properties.
“Translator User” is a user that is not classified as an
Administrator or a Survey Author or a Lite Survey Author, but is
mapped to a role that has any of the translate questionnaire,
invitations or responses permission bits turned on.
“Report Viewer User” is a user that is not classified as an
Administrator, Survey Author, Translator User, but is mapped to a
role that has the following permission bit turned on: view
reports
“Unclassified User” is a user that is not classified as an
Administrator, Survey Author, Translator User or Report Viewer that
can be custom based on turned on and off bits.
“Named User” is a license is used for design, deployment and
Application administration.
“Report Viewer” is a license that permits access to the
reporting features of the Services(s).
“Workspace” is a license that controls secure access and
segmentation of Customer data within the Services(s). All users
must have a unique user name and password which cannot be shared.
2. SERVICE LEVELS. Vovici will provide
the Services in accordance with the Service Level Agreement (“SLA”)
attached hereto as Exhibit A.
3. LICENSE GRANT. Subject to the terms
and conditions of this Agreement, Vovici hereby grants to Customer,
(and to each Customer employee or authorized contractor who
accesses the Services by means of Customer's account and an
authorized password), a non-exclusive, non-transferable,
non-sublicensable license to use the Services via the Internet,
solely for internal business purposes.
4. LICENSE RESTRICTIONS. Customer shall
not, directly or indirectly, (i) reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code or
underlying ideas or algorithms of the Services; (ii) modify,
translate, or create derivative works based on the Services; (iii)
rent, lease, distribute, sell, resell, assign, sublicense, or
otherwise transfer rights to the Services; (iv) use the Services
for timesharing or service bureau purposes or otherwise for the
benefit of a third party; (v) remove any proprietary notices from
the Services, or (vi) publish or disclose to third parties any
evaluation of the Services without Vovici’s prior written
consent.
5. PASSWORDS AND SECURITY.
5.1 Passwords. Vovici shall issue to
Customer (or shall authorize a Customer administrator to issue), a
password for each user authorized to use Customer's account for
whom Customer has paid the applicable fee. Customer and its users
are responsible for maintaining the confidentiality of all
passwords and for ensuring that each password is used only by the
authorized user. Customer is entirely responsible for any and all
activities that occur under the Customer's account and all charges
incurred from use of the Services. Customer agrees to immediately
notify Vovici of any unauthorized use of the Customer's
account or any other breach of security known to
Customer.
5.2 Security. It is understood and agreed
that Vovici will maintain the Services at a reputable third party
Internet service provider and hosting facility and will implement
commercially reasonable security precautions to prevent
unauthorized access to the Customer Data (as defined below).
6. CUSTOMER SUPPORT. Except as expressly
stated on the Order Form, the Fees set forth in the Order Form
include Vovici’s standard telephone, email and web support.
Customer will name two (2) support contacts that will be designated
to contact Vovici Customer Support to report issues or request
assistance. Refer to Exhibit A for Customer Support Program
details including SLA criteria, hours of operation and contact
information.
7. CUSTOMER DATA. As between Vovici and
Customer, it is understood and agreed that Customer owns all data,
information or material that Customer enters into the Services or
has entered on its behalf ("Customer Data"). Vovici may access
Customer Data from time to time solely for purposes of support,
administration and invoicing related to Customer’s use of the
Services. Except as permitted in this Agreement, Vovici will
not edit, delete or disclose the contents of Customer Data unless
authorized by the Customer or unless Vovici is required to do so by
law or court order. Customer is solely responsible for the
accuracy, quality, integrity, legality, reliability,
appropriateness and copyright of all Customer Data. Vovici
Corporation reserves the right to establish a maximum amount of
memory or other computer storage and a maximum amount of Customer
Data that Customer may store, post or transmit on or through the
Services.
8. CUSTOMER OBLIGATIONS. Customer shall
be solely responsible for the actions of its users while using the
Services and the contents of its transmissions through the Services
(including, without limitation, Customer Data). Customer agrees:
(1) to abide by all local, state, national, and international laws
and regulations applicable to Customer's use of the Services,
including without limitation all laws regarding the transmission of
technical data exported from the United States through the
Services; (2) not to upload or distribute in any way files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Services or another's
computer; (3) not to use the Services for illegal purposes; (4) not
to interfere or disrupt networks connected to the Services; (5) not
to post, promote or transmit through the Services any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable
material of any kind or nature; (6) not to transmit or post any
material that encourages conduct that could constitute a criminal
offense or give rise to civil liability; (7) not to interfere with
another customer's use and enjoyment of the Services or another
entity's use and enjoyment of similar services; (8) not to engage
in contests, chain letters or post or transmit "junk mail," "spam,"
"chain letters," or unsolicited mass distribution of email; and (9)
to comply with all regulations, policies and procedures of networks
connected to the Services. Customer acknowledges and agrees that
Vovici neither endorses the contents of any customer communications
or Customer Data nor assumes any responsibility for any
threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual
property rights arising therefrom or any crime facilitated thereby.
Vovici may remove any violating content posted on the Services or
transmitted through the Services, without notice to Customer.
9. FEES AND TAXES.
9.1 Fees. Customer agrees to pay the
applicable fee(s) set forth in the Order Form within 30 days of the
invoice date. All Fees are quoted and payable in U.S. Dollars, and
except as otherwise provided in this Agreement, are
non-refundable. In addition to such Fees, Customer shall pay
all applicable sales, use and other taxes or duties (excluding
taxes based on Vovici’s income).
9.2 Payments. Fees for the Services will
be invoiced in advance in accordance with payment frequency and
other terms set forth in the applicable Order Form. Unless
otherwise stated, Fees are due within 30 days from the invoice
date. Any payment not received from the Customer by the due
date shall accrue (except with respect to charges then under
reasonable and good faith dispute), at the lower of 1.5% of the
outstanding balance per month (being 18% per annum), or the maximum
rate permitted by law, from the date such payment is due until the
date paid. Customer shall also pay all sums expended (including
reasonable legal fees and costs) in collecting overdue payments. If
Customer believes that the bill is incorrect, Customer must contact
Vovici in writing within 30 days of the invoice date of the invoice
containing the amount in question to be eligible to receive an
adjustment or credit.
10. TERM. The Services shall commence on
the Effective Date and shall continue for a period of one (1) year
or such other period specified in the Order Form.
Thereafter, this Agreement will
automatically renew at Vovici’s then current list prices, for
additional one (1) year periods, unless either party gives the
other party notice of its intent not to renew at least ninety (90)
days prior to the end of the initial term or any renewal term.
Termination will be effective at the end of the applicable term in
which such notice is received. Customer shall be responsible for
all Fees for the applicable term in which termination occurs, and
Vovici shall not issue any refunds for such term.
11. TERMINATION.
11.1 Breach. Except as provided in
Section 11.3 below, either party may terminate this Agreement upon
written notice if the other party has breached a material term of
this Agreement and has not cured such breach within thirty (30)
days of receipt of notice from the non-breaching party specifying
the breach. If any Customer contact information is false or
fraudulent, Vovici may terminate Customer's access to the Services
without notice in addition to pursuing any other legal
remedies.
11.2 Insolvency. Either party may
terminate this Agreement if (i) the other party has a receiver
appointed for it or its property; (ii) the other party makes
an assignment for the benefit of creditors; (iii) any proceedings
are commenced by, for or against the other party under any
bankruptcy, insolvency or debtor's relief law; or (iv) the
other party is liquidated or dissolved.
11.3 Failure to Pay/Customer Conduct.
Vovici may suspend or terminate the Services, at its sole
option, with or without notice to Customer if: (i) any payment is
delinquent by more than sixty (60) days, or (ii) Customer breaches
any provision of Section 8.2.
11.4 Effect of Termination. Vovici shall
not be liable to Customer or any third party for suspension or
termination of the Services in accordance with this Agreement. If
Customer or Vovici terminates this Agreement, Customer will be
obligated to pay the balance due for all Services provided prior to
termination. Upon the effective date of expiration or
termination of this Agreement for any reason, whether by Customer
or Vovici, Customer's right to use the Services shall immediately
cease. Sections 7, 8.2, 8.3, 11, 12, 13, 14.2, 16 and 17 of
this Agreement shall survive its expiration or termination for any
reason. Vovici shall retain Customer Data for a period of
thirty (30) days after expiration or termination of this
Agreement. Customer may request that Vovici conduct a mass
export of Customer Data, and Vovici agrees to provide such services
at its then current rates on a time and materials basis. After
thirty (30) days, Vovici may delete and destroy all Customer Data
without notice or further liability to Customer.
12. PROPRIETARY RIGHTS. Customer
acknowledges that the Services and all content contained therein,
including but not limited to text, software, music, sound,
photographs, video, graphics, and third party materials and
advertisements, excluding any Customer Data, (collectively,
"Content") is proprietary to Vovici or such third parties, and
Vovici or such third parties retain exclusive ownership of the same
throughout the world, including but not limited to all related
copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights thereto. This Agreement does not transfer
any right, title or interest in the Services or the Content to the
Customer.
13. CONFIDENTIALITY.
13.1 Obligations. Each of the parties
agrees to maintain in confidence any Confidential Information of
the other party, whether written or otherwise, disclosed by the
other party in the course of performance of this Agreement
(‘Confidential Information’). For purposes of this Agreement
"Confidential Information" means nonpublic information that a party
to this Agreement (“Disclosing Party”) designates as being
confidential to the party that receives such information
(“Receiving Party”) or which, under the circumstances surrounding
disclosure ought to be treated as confidential by the Receiving
Party. "Confidential Information" includes, without limitation,
information in tangible or intangible form relating to and/or
including released or unreleased Disclosing Party software or
hardware products, the marketing or promotion of any Disclosing
Party product, Disclosing Party's business policies or practices,
and information received from others that Disclosing Party is
obligated to treat as confidential. The parties further
hereby agree that Confidential Information includes the terms and
conditions of this Agreement, and any discussions related thereto.
The Receiving Party shall not disclose, use, transmit, inform or
make available to any entity, person or body any of the
Confidential Information, except as a necessary part of performing
its obligations hereunder, and shall take all such actions as are
reasonably necessary and appropriate to preserve and protect the
Confidential Information and the parties’ respective rights
therein. Each party agrees to restrict access to the Confidential
Information of the other party to those employees or agents who
require access in order to perform hereunder, and, except as
otherwise provided, neither party shall make Confidential
Information available to any other person or entity without the
prior written consent of the other party.
13.2 Exclusions. Confidential Information shall
not include any information that is (i) already known to the
receiving party at the time of the disclosure; (ii) publicly known
at the time of the disclosure or becomes publicly known through no
wrongful act or failure of the Receiving Party; (iii) subsequently
disclosed to the Receiving Party on a non-confidential basis by a
third party not having a confidential relationship with the other
party hereto that rightfully acquired such information; or (iv)
communicated to a third party by the Receiving Party with the
express written consent of the other party hereto. A
disclosure of Confidential Information that is legally compelled to
be disclosed pursuant to a subpoena, summons, order or other
judicial or governmental process shall not be considered a breach
of this Agreement; provided the Receiving Party provides prompt
notice of any such subpoena, order, or the like to the other party
so that such party will have the opportunity to obtain a protective
order or otherwise oppose the disclosure.
13.3 Destruction or Return of Confidential
Information. Upon expiration or termination of this
Agreement for any reason, each party shall promptly return to the
other party, or destroy, as the parties agree, all copies of the
other party’s Confidential Information. All copies, notes or
other derivative material relating to the Confidential Information
shall be promptly retrieved or destroyed, as agreed, and no such
material shall be retained or used by the receiving party in any
form or for any reason.
14. LIMITED WARRANTY AND WARRANTY
DISCLAIMER.
14.1 Limited Warranty. Vovici warrants
that the Services will perform substantially in accordance with the
functions described in the documentation provided by Vovici under
normal use and circumstances by authorized users of the
Services. For any breach of this warranty, the Customer's
sole and exclusive remedy and Vovici’s sole and excusive
liability, shall be for Vovici to correct any reported failure in
the Services causing a breach of this warranty. If Vovici is
unable to provide such correction, the Customer shall be entitled
to recover that prepaid portion of the Fees in respect of the
non-conforming Services.
14.2 Disclaimer. EXCEPT AS EXPRESSLY
STATED IN SECTION 14.1, THERE ARE NO WARRANTIES OR CONDITIONS
(WHETHER IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES OR SUPPORT.
VOVICI CORPORATION DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES
AND CONDITIONS INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR
ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. VOVICI
CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SERVICES WILL MEET THE CUSTOMER'S REQUIREMENTS.
15.INDEMNIFICATION.
15.1 By Vovici CorporationVovici shall
indemnify, defend, or at its option settle, any third party claim
or suit against Customer based on a claim that the Services
infringes any United States patent, copyright, trademark or trade
secret and Vovici shall pay any final judgment entered against
Customer in any such proceeding or agreed to in settlement;
provided (a) Vovici is promptly notified in writing of such claim
or suit, (b) Vovici or its designee has sole control of such
defense and/or settlement, and (c) Customer gives all information
and assistance requested by Vovici or such designee. To the
extent that use of the Services is enjoined, Vovici may at its sole
discretion either (i) procure for Customer the right to use the
Services, (ii) replace the Services with other suitable products,
or (iii) refund the prepaid portion of the Fee(s) paid by Customer
for the Services or the affected part thereof. Vovici shall
have no liability to the extent a claim is based upon (a) use of
the Services in combination with software or hardware not provided
by Vovici if infringement would have been avoided in the absence of
such combination; (b) modifications to the Services not made by
Vovici, if infringement would have been avoided by the absence of
such modifications; (c) use of any version other than a current
release of the Services if infringement would have been avoided by
use of a current release, or (d) any action or omission of Customer
for which Customer is obligated to indemnify Vovici under Section
15.2 below.
THIS SECTION 15 STATES VOVICI’S ENTIRE LIABILITY AND CUSTOMER'S
SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT AND MISAPPROPRIATION
CLAIMS BASED ON THE SERVICES.
15.2 By Customer. Customer shall
indemnify, defend, or at its option settle, any third party claim
or suit against Vovici based on a claim: (i) of any breach of
Section 8.2 of this Agreement by Customer, its affiliates,
employees agents, successors and assigns; and (ii) relating to or
based upon the Customer Data or the activities conducted by
Customer using the Services; and Customer shall pay any final
judgment entered against Vovici in any such proceeding or agreed to
in settlement; provided (a) Customer is promptly notified in
writing of such claim or suit, (b) Customer or its designee has
sole control of such defense and/or settlement, and (c) Vovici
gives all information and assistance requested by Customer or such
designee.
16. LIMITATION OF LIABILITY.
16.1 Limitation on Direct Damages.IN NO EVENT
SHALL VOVICI’S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN
ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER
IN THE TERM IN WHICH THE ACTION AROSE, FOR THE SERVICES THAT GAVE
RISE TO THE DAMAGES CLAIMED, WITHOUT REGARD TO WHETHER SUCH CLAIM
IS BASED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
16.2Disclaimer of Consequential Damages.
IN NO EVENT SHALL VOVICI OR ITS SUPPLIERS BE LIABLE (A) FOR ANY
INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (B) TO
THIRD PARTIES CLAIMING THROUGH CUSTOMER; EVEN IF VOVICI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3 Essential
Purpose. The essential purpose of this Section 16 is
to limit the potential liability of the parties arising under this
Agreement. The parties acknowledge that the limitations set
forth in this Section 16 are material to the level of Fees due and
payable under this Agreement, and that, were Vovici to assume any
further liability, such Fees, would out of necessity,
been set much higher.
17. GENERAL. All notices to a party shall be in
writing and sent to the addresses specified in this Agreement and
shall be deemed to have been duly given when received, if
personally delivered; when receipt is electronically confirmed, if
transmitted by facsimile or email; the day after it is sent, if
sent for next day delivery by recognized overnight delivery
service; and upon receipt, if sent by certified or registered mail,
return receipt requested. Neither this Agreement nor any Services
license may be assigned or transferred by Customer, by merger,
operation of law or otherwise, without Vovici’s prior written
consent. This Agreement, together with all addenda,
schedules, and exhibits, constitutes the entire agreement between
the parties and supersedes all prior and contemporaneous agreements
and understandings between the parties relating to the subject
matter hereof. This Agreement may be amended or superseded
only by a written instrument signed by both parties. This
Agreement shall be governed by the laws of the Commonwealth of
Virginia, excluding its conflict of laws rules, and the parties
hereby agree that any and all disputes related to or arising out of
this agreement shall be subject to the exclusive jurisdiction of
the federal and/or state courts, as applicable, situated in the
Commonwealth of Virginia. The parties agree that the Uniform
Computer Information Transactions Act (UCITA) is hereby excluded
from application to this Agreement and the parties agree that the
United Nations Convention for the International Sale of Goods is
excluded in its entirety from this Agreement. Any provision
of this Agreement held to be unenforceable shall not affect the
enforceability of any other provisions of this Agreement. In
the event of any conflict between the terms of this Agreement and
the terms of any exhibit or attachment, the terms of this Agreement
shall control. Neither party shall be in default if its
failure to perform any obligation under this Agreement, other than
payment of Fees due and owing, is caused by supervening conditions
beyond that party’s reasonable control, including acts of God,
civil commotion, war, strikes, labor disputes, third party Internet
service interruptions or slowdowns, vandalism or “hacker” attacks,
acts of terrorism or governmental demands or requirements (“Force
Majeure Events”). Customer agrees that Vovici may use
Customer’s name and logo to identify Customer as a customer
of Vovici on Vovici’s website, and as a part of a general
list of Vovici’s customers for use and reference
in Vovici’s corporate, and marketing literature.
Additionally, Customer agrees that Vovici may issue a press
release identifying Customer as a Vovici customer, subject to
Customer's prior approval which will not be unreasonably withheld
or delayed. The parties agree that any press release or other
public comments issued by either party relating to this Agreement,
any dispute under this Agreement, or Customer's use of the
Services, will be prepared jointly between Vovici and Customer and
will be issued upon mutual agreement of the parties.
Pre-printed terms and conditions on or attached to any
Customer purchase order shall be of no force or effect.
EXHIBIT A
SERVICE LEVEL AGREEMENT
AND CUSTOMER SUPPORT PROGRAM
SERVICE LEVEL AGREEMENT
1.SERVICE AVAILABILITY. Vovici Corporation will
use commercially reasonable efforts to ensure that the Services
will be available 24 hours per day, 7 days per week, excluding any
Scheduled Downtime or Unscheduled Downtime events, each as defined
below. The Service availability shall be measured as the
total number of minutes in a month minus the total number of
minutes in that month that comprise Schedule Downtime or
Unscheduled Downtime events (“Scheduled Uptime”).
2. SCHEDULED DOWNTIME. A minimum of (7) days
advance notice will be provided for all scheduled downtime to
perform system maintenance, backup and upgrade functions for the
Services (the “Scheduled Downtime”) if the Services will be
unavailable due to the performance of system maintenance, backup
and upgrade functions. Scheduled Downtime will not exceed
eight (8) hours per month and will be scheduled in advance during
off-peak hours (based on ET). Vovici Corporation will notify
the Customer administrator via email of any Scheduled Downtime that
will exceed (2) hours.
The duration of Scheduled Downtime is measured, in minutes, as the
amount of elapsed time from when the Services are not available to
perform operations to when the Services become available to perform
operations. Daily system logs will be used to track Scheduled
Downtime and any other Service outages.
3. UNSCHEDULED DOWNTIME. Unscheduled Downtime
is measured in minutes, and is defined as any time outside of the
Scheduled Downtime when the Services are not available to perform
operations, excluding any outages caused by the failure of any
third party vendors, the Internet in general, or any emergency or
force Force Majeure Event. The measurement is in minutes.
4. SERVICE LEVEL CREDITS. If Vovici Corporation
does meet not the Scheduled Uptime levels set forth above, Customer
will be entitled, upon written request, to a Service Level Credit
to be calculated as follows:
- If Scheduled Uptime is at least 99.95% of the month’s minutes,
no Service Level Credit is awarded.
- If Scheduled Uptime is 99.75% to 99.94% (inclusive) of the
month’s minutes, Customer will be eligible for a credit of 5% of a
monthly average fee derived from one-twelfth (1/12th) of the
then-current annual fee paid to Vovici Corporation.
- If Scheduled Uptime is 99.50% to 99.74% (inclusive) of the
month’s minutes, Customer will be eligible for a credit of 7.5% of
a monthly average fee derived from one-twelfth (1/12th) of the
then-current annual fee paid to Vovici Corporation.
- If Scheduled Uptime is less than 99.50% of the month’s minutes,
Customer will be eligible for a credit of 10.0% of a monthly
average fee derived from one-twelfth (1/12th) of the then-current
annual fee paid to Vovici Corporation.
Service Level Credits shall be Customer’s sole and exclusive
remedy in the event of any failure to meet the Service
Levels. Service Level Credits will be applied to the next
invoice following Customer’s request and Vovici Corporation
confirmation that credits are applicable.
CUSTOMER SUPPORT PROGRAM
Customer Support Contacts
Customer may have up to two (2) Primary Technical Contacts.
Primary Technical Contacts must have completed product training and
are internal experts with the Vovici product. Customer can
designate up to five (5) other Named Users who have access to the
Vovici Knowledge Base and Forums.
Contacting Tech Support
Hours of Operation
Customers can obtain live technical assistance from Customer
Support Monday to Friday from 8 a.m. to 8 p.m. Eastern Time with
the exception of U.S. Federal Holidays.
Online Resources (Knowledge Base and Forums) are available 24 hours
a day, 7 days a week, 365 days a year.
Service Levels
|
Inquiry Priority
|
Priority Description
|
Inquiry Response
|
|
Critical
|
System is inoperable and no workaround is possible.
|
30 minutes - normal business hours, efforts to correct problem
begin immediately.
|
|
High
|
System is operable but major product features and functions are
not performing properly and no workaround is available.
|
60 minutes - normal business hours, efforts to correct problem
begin within 90 minutes.
|
|
Medium
|
System is operable but major product features and functions are
not performing properly - a workaround is available.
|
2 hours - normal business hours, efforts to correct problem
begin within 4 hours.
|
|
Low
|
System is experiencing minor operational problems. General
questions on the operational aspects of the product.
|
4 hours - normal business hours, efforts to correct problem
begin within 4 hours.
|
Support Parameters
Vovici maintains internal escalation/notification procedures to
ensure that timely response and feedback is provided for all open
inquiries. Vovici will provide support for reproducible
problems in the current and previous Major Release of the
applicable Vovicisolution. Prior releases will not be
supported. A Release shall mean all releases of new code that
are designed to operate, provide corrections, add significant new
functions or substantially improve the performance of the
software. Releases include Major Releases and Minor (or
Point) Releases. A Major Release refers to a commercially
available release of the product. A Minor (or Point) Release
refers to all other additions, modifications or revisions of the
product which do not result in a Major Release.
