Support Policy
This Support Policy applies to the SST System, Third-Party Software and Equipment. The Support Services described herein are subject to Client compliance with the Agreement including, without limitation, the applicable Order Form/s. Capitalized terms used in this Support Policy and not otherwise herein defined shall have the meanings ascribed to them in the Agreement.
SST System Support Services.
Support Tiers.
i. Client is responsible for providing the first response and analysis of all Problems with the SST System, Third-Party Software, and Equipment (“Tier 1 Support”).
ii. In the event Client cannot resolve the Problem, Client may refer the request to the SST client support help desk (“Help Desk”) (“Tier 2 Support”).
iii. The Parties further agree that all technical issues will first be addressed by appropriate Client information technology (IT) or bio-medical personnel, as applicable. Client is responsible for checking all internal systems impacted. Following the initial assessment and reasonable Client efforts to resolve, Client may contact the Help Desk.
b. Help Desk. The Help Desk will be accessible by Client and Client Users via SST’s designated Black Box Platform web portal, support telephone number (1-888-506-8929), or email at support@surgicalsafety.com.
c. Support Hours. Support Services will be available during the hours of 9:00 am through 5:00 pm Eastern time, Monday – Friday, excluding SST observed holidays (“Support Hours”).
d. Third-Party Software and Equipment Maintenance. SST will provide (i) critical firmware updates for Equipment, and (ii) updates, patches, and fixes for the Third Party Software, as a part of the Support Services.
e. Support Procedure; Severity Level. Client will report all program errors, bugs or other failures of all or part of the SST System, Third-Party Software, or Equipment that result in the SST System, Third-Party Software, or Equipment not performing in accordance with its Documentation (that are not resolved by Client Tier 1 Support) (“Problems”) to the Help Desk.
f. Severity Level. SST, in its sole, reasonable discretion, will assign a severity level (Level 1, Level 2 or Level 3) to Problems that are determined to be a Problem with the SST System, Third Party Software, or Equipment, as the same is further described below (“Problem Severity Level”). SST will use commercially reasonable efforts to respond to any Problem, in accordance with the response time assigned to the applicable Problem Severity Level below:
g. SST shall use commercially reasonable efforts to resolve Problems reported by Client, including, without limitation, by providing a Work-around or Fix. “Work-around” means a change in the procedures followed or data supplied by Client in order to avoid a Problem, without substantially impairing Client’s use of the SST System. “Fix” means the repair or replacement of object or executable code versions of the SST System to remedy a Problem or, if applicable, repair or replacement of Equipment. SST does not guarantee that all Problems are or will be resolved or correctable . A Problem will be deemed reported at such time as the Problem is first reported to the Help Desk. Response times apply to notices of Problems received during Support Hours. Notices of Problems received outside of Support Hours will be deemed to be received at the beginning of the next Support Hour day. Calculation of response times will be made on a Support Hours basis and Problems not resolved during Support Hours will continue to be worked on at the commencement of the next Support Hours period. If SST is unable to resolve a reported Problem, the parties acting reasonably will co-operate and work together to implement a plan for addressing any recurrence of the reported Problem.
h. SST shall use commercially reasonable efforts to: (i) provide Client with advance notice of any scheduled maintenance, (ii) ensure there is minimal impact to Client’s use of the SST System during any scheduled maintenance, to the extent practicable, and (iii) inform Client of the occurrence of downtime as soon as practicable.
SST System Support Services.
a. Client is responsible for notifying SST six (6) months in advance of any interface changes that are likely to impact the SST System and/or will require SST testing and services (e.g. changes to EHS, HL7 middleware, or DVI output). Such services are outside the scope of this Support Policy, and are subject to a separate Statement of Work and applicable Professional Services fees.
b. Client is responsible for providing sufficient information and data to allow SST to readily reproduce all reported Problems.
c. Client shall appoint a Contact Person. “Contact Person” means an individual (who has successfully completed SST System training) designated in by Client to serve as Client’s contact for support purposes. Client may change the Contact Person or add additional, trained Contact Persons upon written notice to SST. The Contact Person shall provide Tier 1 Support for Client Users, by serving as the first level support help desk which will initially respond to Client User problems, requests for training, responses to questions, and overall Client User interaction with the SST System. When assistance or service is required from SST, the Contact Person will contact the Help Desk. The Contact Person, or his designee, shall be available to SST during Support Hours.
d. Client will provide to SST a continuous, high-speed connection through Client’s firewall to the SST System for the purposes of providing Support Services.
Exclusions and Restrictions
a. Restrictions. SST shall have no obligation to support the SST System, Equipment, or Third-Party Software if Problems (i) result from Client’s or Client User’s alteration, modification or damage to the SST System, Equipment, or Third-Party Software, (ii) result from the use of the SST System, Equipment, or Third-Party Software, by Client or Client Users with hardware, software or equipment not specified as compatible with such SST System, Equipment, or Third-Party Software in its Documentation, (iii) result from use by Client or Client User of the SST System, Equipment, or Third-Party Software, other than in accordance with its Documentation and the Agreement, (iv) result from use by Client or Client User of a version of the SST System other than the most-current release and the next most current release of the SST System, or (v) are not reproducible in stand-alone form.
b. Exclusions. SST is not responsible for maintenance or support of any hardware, software (including, without limitation, applications), or equipment, not provided by SST including, without limitation, Client Provided Systems. SST will have the right to charge Client, in accordance with SST’s then-current policies and rates, for any services resulting from problems, errors or inquiries relating to hardware, software, or equipment not provided by SST.
c. Web Browser. SST shall not have any responsibility or obligation to provide support services to Client if Client is utilizing a web browsers or a version of a web browsers that is (i) not specified as compatible with the SST System or Third-Party Software in its Documentation and/or (ii) not currently supported by the web browser provider.
d. The Support Services described herein shall be performed remotely.
Policy Modifications
Client agrees that SST may in its sole discretion expand, reduce, and/or change the scope or contents of, or any aspect of this Support Policy. Client acknowledges that SST may be required to make such changes in the interest of maintaining its business, the SST System and/or other services provided by SST and shall bear no responsibility or liability whatsoever for any claims, actions, damages, losses or expenses of any kind howsoever asserted (including by Client Users) caused directly or indirectly as a result of such changes. THESE TERMS AND CONDITIONS DEFINE A SERVICE ARRANGEMENT AND NOT A WARRANTY. THE SST SYSTEM, AND SERVICES RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE APPLICABLE AGREEMENT.
