Last Update August 9, 2019
6 Degree Intelligence Software-as-a-Service (SaaS) Subscription Agreement Maintenance and Support Terms for 6 Degree Risk
The following outlines the maintenance and support obligations of 6 Degree Intelligence, LLC (the "Maintenance and Support Terms") as applicable to the a Software-as-a-Service Subscription Agreement. All terms not otherwise defined herein shall be defined in accordance with the applicable Subscription Agreement between a client and 6 Degree Intelligence, LLC, and are incorporated herein by reference. During the Term, PROVIDER will perform the following Maintenance and Support Services for Customer:
1. Defects. PROVIDER will use reasonable efforts to remedy defects (programming errors attributable to PROVIDER) in the Service Software that significantly affect the functionality of the 6 Degree Risk service as used by the Customer. Such services will be provided subject to Customer’s fulfilling obligations described in Section 1.3 below.
2. Without additional charge to Customer, PROVIDER will supply updates, improvements and modifications to the Service Software and 6 Degree Risk Service that PROVIDER generally makes available to its customers below.
3. Obligations of Customer. Customer shall take the following actions to assist Provider in the fulfillment of its maintenance and support obligations. Prior to seeking assistance from Provider, Customer will perform problem definition activities and any remedial or corrective actions described in the 6 Degree Risk online service help menus. Customer will provide PROVIDER with sufficient documentation, information, assistance, support and test time on Customer's computer system to duplicate the problem, certify that the problem is with the Software, and certify that the problem has been corrected.
4. Excluded Services and Service Software.
4.1 PROVIDER shall be not responsible for maintaining Customer or third party-modified portions of the Software or portions of the Service Software affected by such modifications. Corrections for difficulties or defects traceable to Customer's or a third party's errors or system changes may be billed to Customer at a rate to be determined at the time the services are requested.
4.2 PROVIDER shall not be responsible for support or maintenance services relating to: (a) any hardware or peripheral devices; (b) recreation or reentry of data lost for any reason whatsoever; (c) performance of the generalized duties of a network administrator; or (d) performance of the generalized duties of a software developer engaged to create miscellaneous software applications at Customer’s discretion.
4.3 Under the terms of this Agreement, even if the service request is about a problem related to a PROVIDER product, PROVIDER and/or PROVIDER reserves the right to charge Customer for services provided to Customer if the service request does not come from a "Designated Contact" (an individual specifically authorized to deal with PROVIDER about service requests on behalf of the Customer, unless previously approved by PROVIDER.
4.4 Under the terms of this Agreement, if a service request is presented to PROVIDER and it is the opinion of the PROVIDER technical staff that the problem is not caused by the Service Software (i.e., not covered by this Agreement), the following terms apply: (a) PROVIDER may bill Customer for any and all services performed to debug and identify the problem at standard time and materials rates in force at the time of the request; and (b) PROVIDER may bill Customer for such services even if Provider is unable to solve the problem, provided that PROVIDER can present reasonable evidence that the problem is not caused by software provided by PROVIDER.
5. Response Times.
5.1 For covered support items, Provider’s technical support staff shall provide Customer with "hotline" telephone and email consultation during the hours of 9:00 a.m. through 5:00 p.m. Eastern Standard Time Monday through Friday, except US Holidays. Such consultation shall include technical advice concerning the use and operation of the 6 Degree Risk Service including clarification of functions and features of any Software, and clarification of documentation, as well as error verification, analysis, corrections and work-arounds.
5.2 Provider shall use all reasonable efforts to provide the Maintenance and Support Services in accordance with the response times listed in Table 1.
Table 1. Standard Response Times & Resolution Targets
- Substantial non-functional or inoperative 6 Degree Service causes a severe impact on Customer’s business operations (e.g. critical business processes are disabled).
- Continuous or near continuous interruption of service.
- No workaround available.
8 Business HoursPROVIDER will provide initial response to Customer. PROVIDER will use best efforts during and after normal business hours to provide a resolution or workaround. PROVIDER will to address any software issues that need to be resolved. PROVIDER will use best efforts to resolve software issues as quickly as possible.
- Important features are unavailable and cause a non-critical impact on business activity or decrease in performance.
- Intermittent disruption of service.
- No stable workaround available.
1 Business Day
PROVIDER will provide initial response to Customer. PROVIDER will use best efforts during normal business hours to provide a resolution or workaround. PROVIDER will engage PROVIDER to address any software issues that need to be resolved. PROVIDER will use best efforts to resolve software issues as quickly as possible.
- An important feature unavailable but workaround is available. Causes a minor impact on development activity or business operations.
2 Business Days
Provider will provide initial response during normal business hours. PROVIDER will suggest a workaround if appropriate. If the resolution requires a software fix, the fix will be pro-vided by PROVIDER in a sub-sequent patch or version release.
- Little or no impact on development activity or Customer's business operations.
3 Business Days
Provider will provide initial response during normal business hours. PROVIDER will suggest a workaround if appropriate. PROVIDER may address the item in a subsequent patch or version release.