last revised 2023-Jan-24.
mSIGNIA agrees to provide and deliver Support Services, as described below, which address the technical issues and required software updates that are reasonably expected to arise in connection with the use and support of mSIGNIA Product(s).
Customer’s users and third parties will contact Customer’s internal help desk. Customer shall be solely responsible for providing, at its own expense, first and second level end user support, as defined below, to Customer’s users and third parties with respect to the mSIGNIA Product.
- Level 1 support means the initial response (and any follow-up response as appropriate) to a user’s-initiated support request. Level 1 support includes initial information gathering and may include, without limitation, some or all of the following: answering product installation, configuration or usage questions; initial problem and failure information gathering; problem isolation, identification, and/or providing standard fixes and workarounds to known problems; and escalating unresolved problems to Level 2 support.
- Level 2 support means a second, higher level of technical support and consists of, but is not limited to, problem isolation, identification, and replication providing remedies for both new and known complex problems and escalating unresolved problems to mSIGNIA’s support.
If Customer’s internal help desk cannot resolve an issue, the Customer can escalate the problem by logging a request with mSIGNIA’s support portal using the priorities defined in Table 1 below (“Priority”).
Table 1: mSIGNIA Priority Definitions
| Priority | Description and Definition of Priority | mSIGNIA
Response Time |
Follow‑ Up |
mSIGNIA Resolution Time |
At-Risk Fee |
| Highest | HIGHEST… reserved for when a payment system is halted, and no consumer transactions are possible. Not valid with testing products. Requires user call a live mSIGNIA employee at +1-949-527-9533 regardless of the time of day to guarantee a 1-hour response. | within
1 hour |
Every hour until resolved | fully resolve issues within 12 hours at a minimum of 95% of occurrences | 4% |
| High | HIGH… critical or severe product functions cannot be performed. A hosted test system being down is a HIGH priority. Requires user call a live mSIGNIA employee at +1-949-527-9533 regardless of the time of day to guarantee a 3-hour response. | within 3
hours |
Every 6 hours until resolved | fully resolve issues within 48 hours at a minimum of 95% of occurrences | 2% |
| Medium | MEDIUM… issue limits functionality and affects most users, especially when no work-around exists. A response will be given by the next business day. | within 1
Business Day |
as
required |
fully resolve issues within 4 Business Days at a minimum of 90% of occurrences | 1% |
| Low | LOW… an implementation issue or minor functional deficiency, inconvenience, or error in documentation. A response will be given within 3 business days. | within 3
Business Days |
not required | determine resolution time and fully resolve issues | 0% |
| Lowest | LOWEST… product works per documentation, but customer wants to describe improvements or feature enhancements. mSIGNIA welcomes this input and will respond within 5 business days. | within 5 Business Days | not required | Explore requests/features and schedule in product roadmap as required | 0% |
| Training | If a Highest, High, Medium, or Low Priority submission is found to conform with the Product’s Documentation, then the priority will be changed to ‘Training’ for tracking purposes. | n/a | n/a | n/a | n/a |
In Table 1, the terms “Response Time”, “Follow up”, “Resolution Time”, and “At Risk Fee” are defined in Table 2 below. The term “Business Day” is defined as Monday through Friday for US Eastern time.
Table 2: mSIGNIA Issue Action Types
| Response | Definition |
| Response Time | Time to acknowledge issue has been submitted to the support portal. Response times estimates are expected for a minimum of 98% of requests submitted. |
| Follow‑Up | Time interval between status updates (Based upon new information only and excludes the initial Customer call) |
| Resolution Time | Length of time to notify proper contacts for resolution (Starts at time of Follow-Up). Any compliancy re-testing required is outside the scope of the Resolution Time periods and metrics. |
| At Risk Fee | Penalties for failure to achieve metrics |
For all Priorities, Customer must use mSIGNIA’s web‑based support system (https://support.mSIGNIA.com) to submit, research the status, review posted FAQs, and track requests online. In all communications between the Parties, Parties’ support personnel will identify issues by the mSIGNIA support portal generated reference number. mSIGNIA will communicate status updates to the original requestor via email, slack, telephone, and online meetings, as appropriate.
With Priority levels of Highest and High, Customer must also call mSIGNIA support at +1-949-527-9533 to ensure the Response Times provided in Table 1; phone support is available in English.
For issues reported to mSIGNIA support, mSIGNIA will work with Customer to confirm the Priority level and properly complete the request. When a request is created, mSIGNIA will use best efforts to respond within the timeframe shown in Table 1. mSIGNIA’s ability to replicate and resolve support requests will depend on accurate and detailed information supplied by Customer.
mSIGNIA will assign a programmer to correct issues within the relevant response time for such issue. The programmer will use reasonable efforts to correct the issue in an expeditious manner and will inform Customer of the programmer’s progress, including the steps taken to resolve the issue, the expected Resolution Time of the issue, and the closing of the issue.
When mSIGNIA makes a request of Customer to provide additional data necessary to understand and recreate the support request, the Resolution Time accumulation is suspended until mSIGNIA responds to the Customer’s reply for additional data. If Customer fails to respond to mSIGNIA’s request within five (5) Business Days, mSIGNIA reserves the right to cancel and close the support request. Customer may re-open the support request when they respond to the request for additional data.
mSIGNIA shall track support metrics, including performance against this Exhibit A. At the end of each calendar month, mSIGNIA will report to Customer any service level failures which occurred when mSIGNIA failed during any support month to satisfy the terms listed here. mSIGNIA and Customer shall jointly review any service level failures and mSIGNIA shall prepare a written remediation plan that outlines the steps to be taken to resolve any non-compliance issues. The remediation plan shall be provided to Customer by the seventh (7th) Business Day of the month following the identification of non-compliance.
For each service level request failure occurring during any month while this Agreement is in effect, Customer shall be entitled to a credit on its Usage Fees paid for the related mSIGNIA Product to be applied to Customer’s account at the end of the applicable support month. The credit for the service level failure shall equal the Usage Fees paid by Customer for the effected mSIGNIA Product within the month multiplied by the applicable At-Risk Fee specified in Table 1. Service credits shall be construed as a sole and exclusive remedy for any Service level failure. Service credits are to be offset against fees paid not cash payments.