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Support And Maintenance Terms (“SLA”)

SUPPORT AND MAINTENANCE TERMS

  1. Support and maintenance services provided to Customer will include resolution of failures in the operation of the Technology (i.e.: non-conformity to the specifications of the Technology).
  2. Pairzon will promptly notify Customer of any problem and/or failure that may directly or indirectly affect the Technology’s ongoing and proper operation.
  3. Customer will promptly notify Pairzon of any problem and/or failure that is affecting its use of the Technology or its ongoing and proper operation.
  4. Support will be provided by Pairzon’s via remote support. Pairzon will make available to Customer one contact person who will respond to Customer’s support requests during the business hours of the Customer’s branches in which the Technology is installed. Pairzon’s support team contact will be contacted at support@pairzon.com.
  5. Customer will cooperate with Pairzon in investigating and resolving failures/problems, by:
    1. Taking all reasonable measures requested by Pairzon to detect and provide further information with respect to the failures/problems;
    2. Investigating failures/problems that may be related to Customer’s interfaces connected to the Technology;
    3. Investigating failures/problems that may be related to the hardware or 3rd party’s software on which the Technology is installed, including contacting vendors of said hardware and 3rd Party software;
    4. Providing Pairzon with access to its systems and data bases, as applicable to resolving the failure/problem; and
    5. Allowing Pairzon access to Customer’s staff that has sufficient knowledge of Technology.
  6. Customer will allow the Technology to interface with Customer’s data or system and will enable a remote connection for purposes of initial diagnosis and the handling of failures/errors via remote access. Such interface will be installed while ensuring the protection of the data and the prevention of unauthorized access thereto.
  7. Pairzon will take commercially reasonable measures to ensure that the performance of support and maintenance services will not interfere with Customer’s ongoing operations, except in the event of a Severe failure (as defined below), which might require interference with Customer’s ongoing operations and/or systems. In any event, no disruption of Customer’s ongoing operations or systems will be performed without Customer’s prior consent.
  8. Failures/problems will be classified as follows:
    1. “Severe Failure” – a technical failure that causes the technology to be disabled.
    2. “Other Failure” – a technical failure that is not a Severe Failure.
  9. Failure/problem severity shall be categorized by the Parties according to the definitions set forth in Section 8 herewith.
  10. Pairzon undertakes to meet the following response times:
    1. Severe Failure –Response to such a failure will commence immediately upon receipt by Pairzon of Customer’s support request. Pairzon will take all reasonable commercial measures to temporarily resolve such a failure within no more than three (3) hours as of the response, and fully resolve it as soon as reasonably possible.
    2. Other Failure – the response to such a failure will commence during Pairzon’s business hours, within four (4) hours of receipt by Pairzon of Customer’s support request.  Pairzon will take all reasonable commercial measures to temporarily resolve such a failure within no more than twenty-four (24) hours as of the response, and fully resolve it as soon as reasonably possible.
    3. Response and resolution times may vary due to Customer’s response times and responsiveness and the type of environment the Technology is installed on (i.e.: cloud or on-prem).
  11. Notwithstanding anything to the contrary, Pairzon will have no obligation to act on issues arising from any of the following:
    1. Requests for Platform enhancements or upgrades;
    2. Requests for updates of external interfaces;
    3. Errors that Pairzon is unable to verify based on the data and information provided by the Customer;
    4. Errors resulting from alterations, modifications or any other unauthorized contact (physical or otherwise) with the Technology or equipment not performed or provided by Pairzon;
    5. Errors resulting from housing at Customer’s site, contrary to Pairzon’s guidelines;
    6. Malfunctions of Customer and/or third-party components not provided by Pairzon (for example, hardware, software and networks);
    7. Malicious code or virus originating from the Customer network or due to Customer personnel activity;
    8. Force majeure events, including power and air-conditioning problems and natural catastrophes such as lightning, fire, earthquake, or floods; or
    9. Customer’s installation of third-party software on the Technology, without Pairzon’s prior written consent.
    10. Should Pairzon, at its sole discretion, provide support or maintenance services for malfunctions caused by any of the events described in this paragraph, then Pairzon shall be entitled to charge Customer for the services provided at Pairzon’s standard rate for such services. Pairzon shall have no responsibility whatsoever for any damage and/or derogation in availability and/or Technology’s performances caused due to the events described above.
  12. As permanent solutions or fixes for known software problems are developed, these solutions will be incorporated without charge into planned software maintenance releases that will periodically be installed in the Technology. A software maintenance release note will be distributed describing the features and fixes contained in each software maintenance release. Customer shall perform its best efforts to have the most recent software maintenance release offered by Pairzon for the Technology. Customer’s technical point of contact shall be notified prior to installation of software maintenance releases regarding the planned activities and expected time frames.

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