The following terms and conditions are incorporated into the Agreement. Capitalized words not defined in this Schedule shall have the meaning ascribed to such words in the Agreement.
The Service will be provided twenty-four (24) hours per day, seven (7) days per week in accordance with the Service Levels set out below.
Automatic Updates: Automatic Updates to the Service shall occur periodically on a Saturday or Sunday between 19:00 and 24:00 Eastern Time and will result in a planned outage of the Service of less than 5 minutes. Notification of Automatic Updates will not be provided to Customer.
Planned Service Outages: Customer will be provided with no less than twenty-four (24) hours advanced notice for Planned Service Outages not inclusive of Automatic Updates. All Planned Service Outages shall occur between 19:00 and 24:00 Eastern Time. Customer will be provided with at least forty-eight (48) hours advanced notice for Planned Service Outages occurring outside of this timeframe.
Un-Planned Service Outages: When the Service Outage will exceed five (5) minutes, Company will give as much prior notice as possible for the Un-Planned Service Outage including emergency or critical issues.
Service Uptime: Outside of Planned Service Outages and Automatic Updates, the Service shall have an availability of ninety-nine-point five percent (99.5%) in an annual billing cycle.
Customer may contact Company Technical Support via the Help Center in English, and other languages as they are available.
Customer’s designated and named representatives (system administrators and account holders) additionally receive the ability to contact Company, Monday – Friday (excluding statutory holidays) between the hours of 9am and 5pm Eastern Time via the appropriate email and phone support contacts.
During Support Hours Company will provide applicable Customer’s with such technical support, up to a monthly time limit as described on the Company website, by telephone or email, to resolve Customer’s difficulties and queries using the Service, hereinafter referred to as the “Service Request”. Company will NOT provide technical support for failure of the Service to conform to the Service Levels or perform as specified in any specification. For further support hours past the monthly allotted support time, Company will charge the Customer at the hourly rate that Company sets and communicates to the Customer prior to time being charged.
For clarity, Company Technical Support includes support for Customer issues such as Identifying and troubleshooting issues in the system, responding to and addressing software bugs. Company Technical Support does not include, implementation and configuration of the Service, product training, integration support with third party software or products, feature requests, reports customization for the Service, or any support in respect to Customer Service-Compatible Application(s).
Company will provide Technical Responses to Service Requests received from the Customer. The time allocated to delivery of Technical Responses shall be measured from the time of receipt of the relevant Service Request by Company during Support Hours. On receipt of a Service Request, the Service Request will be assigned a “Priority” where the Priority is a measure of the severity of the situation. The “Technical Response Time” will depend on the Priority as outlined in the following table:
In the event that Company does not provide a workaround or a correction in the allotted Technical Response Time for a Category 1, 2 or 3 Service Request, Company will continue to work to correct the issue each day during the week for a Category 1 issue or during Support Hours for a Category 2 or 3 issue. In the event that Company provides a workaround, Company will work to correct the issue as set out in the terms in the previous sentence until such time as a correction is provided. Company will give updates to Customer as and when appropriate for the Category of the Service Request. Company will work to resolve Service Requests on a ‘best-efforts’ basis at all times.
To resolve client Service Requests as quickly as possible, Company will use a three-level process based on the severity of the issue. Escalation up the technical support chain is Company’s responsibility and will be initiated only when a Service Request has NOT been resolved within the Technical Response Time. The resolution process is described in the following matrix:
Company will not be responsible for correcting a Service Request arising from any of the following:
Problems resulting from any modifications of the Service made by any party other than Company. Problems resulting from any Customer Service-Compatible Application(s). Incorrect use of the Service; or to the extent the relevant environment is not within Company’s control. Any fault in the equipment or in any programs used in conjunction with the Service or in respect to any Customer Service-Compatible Application(s).
The Technical Response Times for Category 1 and 2 Service Requests as set forth in the section above, will be extended by the length of any delay in the time to fix issues attributable to any acts or omission of Customer or any of its employees, agents or subcontractors. Company will also charge the Customer, at its sole discretion, for the time required to resolve problems as a result of the Customer’s actions, the fees of which will be determined by Company and communicated to the Customer for acceptance prior to work being carried out.
Company will not be responsible for:
Responding to requests for assistance for anyone other than Customer’s named and designated representatives.
Supporting any 3rd party software or technology (unless said technology has been provided by Company as part of the Service), including all Customer Service-Compatible Applications.
Data is backed-up regularly and stored by Company and its third-party service providers primarily in the USA and Canada, in accordance with Company’s Privacy Policy and the Agreement.
The Sandbox Environment will be provided twenty-four (24) hours per day, seven (7) days per week with no guarantee of availability or uptime.
Company is willing to provide Professional Services on a time and materials or fixed price basis according to the terms and conditions set forth in the Rockwell Automation Software Cloud Services Agreement. Such Professional Services may include: instruction and training on the use of Company products and services; evaluation, design and implementation of the Service; custom development; and Service deployment consultations.
Company may provide Professional Services at Customer’s facilities or at Company’s facilities as set forth in the relevant Statement of Work. If Professional Services are to be provided at Customer’s facilities, Customer shall provide Company with access to Customer’s facilities during normal business hours and at such other times as may be reasonably requested by Company to facilitate the timely performance of the Professional Services. Customer shall also provide Company personnel with working space and office support (such as telephone access, network connectivity and photocopying) while such personnel are performing Professional Services at Customer’s facilities.
Customer shall designate a project management contact for the purposes of communication with Company. The project management contact shall be the primary point of contact for Customer with Company for matters relating to the provision of Professional Services.
Customer shall ensure no personal information is provided to Company in the course of the Professional Services and that should Customer provide Company with personal information Customer will be solely and fully responsible for ensuring that it has a legal and legitimate basis to provide such personal information. Customer assumes all liability for damages, costs, fines and penalties in relation to the personal information and agrees to indemnify Company for any liability for damages, costs, fines and penalties in relation to the personal information.
Unless otherwise specified in the Statement of Work, Company shall invoice Customer for fees for Professional Services provided pursuant to this Agreement or a Statement of Work.
Purchased Professional Services are non-refundable. Any unused Professional Services will expire 12 months from the date of purchase.