Subject to the PortaCare Conditions and PortaCare Exclusions, and subject to compliance by the Customer with the PortaCare Customer Obligations, PortaOne shall use its commercially reasonable efforts (except where indicated otherwise) to provide the following technical support services to the Customer:
- priority-based email support 24 hours a day, 365 days a year according to the PortaCare Service Levels;
- initial system configuration and testing;
- log file rotation and compressing, disk space monitoring, backup policy and setup;
- replication monitoring and recovery of databases;
- NTP client setup and monitoring;
- DNS client setup;
- investigation, verification, and correction of reported bugs via maintenance releases;
- installation of maintenance releases upon customer’s request.
During the PortaCare Subscription Period, PortaOne’s obligation to provide PortaCare to the Customer shall be subject to the following conditions:
- customer must choose a date to install the latest Maintenance Release of the Service which date must be within 12 months of such release date. If no such date is chosen, PortaOne will install such latest Maintenance Release shortly following the 12 month expiration.
PortaOne shall not be obligated to provide PortaCare for the Service in the case that it has not been operated by Customer in accordance with the instructions and specifications set forth in the technical documentation.
PortaOne shall not be obligated to provide PortaCare in the following circumstances:
- the Customer users do not possess the necessary skills and training as reasonably determined by PortaOne;
- the Customer users have not completed the required training; or
- any amounts due and owing to PortaOne under this agreement have not been paid by the Customer.
Notwithstanding anything to the contrary herein, the following shall not be included in PortaCare and PortaOne shall not be obligated to provide the following Services:
- repair or replacement, including issuance and installation of maintenance releases, required as a result of causes other than installation and operation of the Service in compliance with this agreement, which causes include, without limitation:
- except for creation of the fixes pursuant to the Customer, repair, maintenance, alteration or modification by persons other than PortaOne;
- use of the Service with, or installation of any additional software in violation of this agreement;
- accident, fault or negligence of the Customer;
- operator’s error or improper use or misuse of the Service; or
- causes external to the Service such as, but not limited to, failure of electrical systems, failure of or damage to the Service, viruses, trojans, malware, denial of service attacks, or sabotage; and
- maintenance or support required as a result of the Customer ‘s noncompliance with any term of this agreement.
PortaCare Service Levels
PortaOne shall provide priority-based email support according to the following PortaCare service levels:
|Priority Level||Priority Condition||Response time|
|Critical||The Service down or its operation is critically impacted, and/or the Customer’s business operations are critically impacted as the result of the Service.||Up to 1 hour|
|Severe||The operation of the Service is severely impacted or the Customer’s business operations are severely impacted as the result of the Service.||Up to 2 hours|
|Low||The operations of the Service is impaired, although though the Service is still generally functional.||Up to 8 hours|
|Non Impacting||The Customer requests configuration, scheduled assistance, or performance optimization of the Service.||Up to 48 hours|
PortaOne’s obligations under PortaCare shall be subject to the Customer designating no more than five (5) Customer users as being primarily responsible for requesting PortaCare from PortaOne on behalf of Customer . The Customer shall provide a list of those Customer users, including their names, emails and phone numbers, to PortaOne. PortaOne shall not be obligated to respond to support requests made by the Customer users other than the authorized Customer users provided for herein; and notwithstanding anything to the contrary herein, the Customer’s obligations under these PortaCare terms shall be in addition to and not in lieu of the Customer’s covenants, representations and warranties under this agreement.