last revised 2022-Jan-20.
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).
Unless otherwise stated in the mSIGNIA Product Schedules, 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 should escalate the problem by logging a request with mSIGNIA’s support using the Severity Definitions as defined in Table 1 below.
Table 1: mSIGNIA Issue Severity Definitions
|Severity||Business Impact||Description and Definition|
|S1||Fatal||Payment system down: Critical business operations halted; no consumer is able to complete a transaction. Testing and simulator products never produce a fatal error|
|S2||Critical||Severe functionality loss: Key/major product functions cannot be performed. A hosted test system being down is Critical.|
|S3||Important||Limited functionality: Issue limits minor product operations|
|S4||Minor||FAQ or documentation problem: Issue has minimal impact on business|
|S5||Enhancement||Feature enhancement: Customer feedback regarding improvement to existing functionality|
|S9||Training||If a S1 through S4 Severity submission is resolved without requiring a bug or system fix, the Severity will be changed to S9 for tracking purposes|
For all Severity Definitions, Customer must use mSIGNIA’s web‑based Customer support ticketing system (https://support.mSIGNIA.com) to submit, research the status, review posted FAQs, and track tickets online. In all communications between the Parties, Parties’ support personnel will identify issues by the mSIGNIA ticket number. mSIGNIA will communicate status updates to the original requestor via email, telephone, and online meetings, as appropriate.
With Severity 1 and Severity 2, Customer must also call mSIGNIA support at +1-949-527-9533 to ensure the response times set forth in Table 3 below; phone support is available in English.
For issues reported to mSIGNIA support, mSIGNIA will work with Customer to confirm the Severity Level and properly complete the ticket. When a ticket is created, mSIGNIA will use best efforts to respond as stated in Table 2 within a timeframe shown in Table 3. mSIGNIA’s ability to replicate and resolve tickets will depend on accurate and detailed information supplied by Customer.
mSIGNIA will assign a programmer to correct such 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 time for resolution of the issue and any resolution of the issue.
Table 2: mSIGNIA Issue Action Types
|Response Time||Time to acknowledge issue and assignment of issue tracking number|
|Follow‑Up||Time interval between status updates (Based upon new information only and excludes the initial Customer call)|
|Resolution Time and Metrics||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|
Table 3: mSIGNIA Issue Response Times
Time and Metrics (for a minimum of 98% of occurrences)
Time and Metrics
|S1 – Fatal||within 1 hour||Every hour until resolved||fully resolve issues within 12 hours at a minimum of 95% of occurrences||4%|
|S2 – Critical||within 3 hours||Every 6 hours until resolved||fully resolve issues within 48 hours at a minimum of 95% of occurrences||2%|
|S3 – Important||within 1 Business Day||as required||fully resolve issues within 4 Business Days at a minimum of 90% of occurrences||1%|
|S4 – Minor||within 3 Business Days||not required||determine resolution time and fully resolve issues||0%|
|S5 – Enhancement||within 5 business days||not required||Explore requests/features and schedule in product roadmap as required||0%|
In Table 3 above, a “Business Day” is defined as Monday through Friday for US Eastern time. 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 any of 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 ticket failure occurring during any month while this Agreement is in effect, then 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 above. 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.