VISTACAST, LLC

STANDARD MAINTENANCE

Standard Terms and Conditions

This document describes the standard terms and conditions under which Vistacast, LLC. (“Vistacast”) will provide standard maintenance for Vistacast Service.

SOFTWARE AS A SERVICE

Vistacast will supply the services set forth in this Section to Licensee for the License as long as the Licensee is with the Software as a Service in good standing.

1.1    Service Updates and Corrections.   Vistacast will promptly make all significant updates, enhancements and corrections generally released by Vistacast, including all relevant documentation prepared by Vistacast.  Such updates, enhancements and corrections will be made available upon release announcement from Vistacast.

1.2    Technical Support.  Vistacast will use its best commercial efforts to cure, as described below, reported and reproducible errors in the Vistacast Software as a Service.

(a)  Support Levels Definition

  • “First Level Support” means all direct support interaction (helpdesk) with End Users regarding (i) the use and operation of the Licensed Service, (ii) the intake and classification of all End User inquiries regarding suspected Errors and (iii) providing a resolution to basic problems, and (iv) referring to the Second Level Support those questions and problems that are too complex for resolution by the help desk personnel.
  • “Second Level Support” means the resolution of suspected Errors reported by the End Users that do not require a change in the Licensed Products’ source code to resolve and resolutions of End User questions regarding the use and operation of the problems related to vLearning vLS3 LMS Software as a Service.
  • “Third Level Support” means the resolution of confirmed Errors in Licensed Product code or documentation in accordance with Licensor maintenance and support procedures that the Licensor generally applies to the provision of services to its customers.

(b)  Support Level by Vistacast

  • Second level support for vLearning Service SW; Third level telephone support for vLearning Service SW if hosted by Licensee, to technical contact at Licensee using qualified personnel knowledgeable about and trained in the use of the Licensed Service, 8:00 am to 5:00 pm Central Time, Monday to Friday (national holidays excepted), in the form of advice, counsel, and step-by-step corrections, if necessary, on the use and maintenance of the Licensed Service.

(c)   Vistacast utilizes the following three (3) severity levels to categorize reported problems:

SEVERITY 1 CRITICAL BUSINESS IMPACT

  • The impact of the reported deficiency is such that the customer is unable to either use the Vistacast Service or reasonably continue to work using the Vistacast Service. Vistacast will commence work on resolving the deficiency within four (4) hours of notification and will engage staff during business hours until an acceptable resolution is achieved.

SEVERITY 2 SOME BUSINESS IMPACT

  • Important features of the Vistacast Service are unavailable, but an alternative solution is available or non-essential features of the Service are unavailable with no alternative solution. The customer impact, regardless of product usage, is minimal loss of operational functionality or implementation resources to a limited number of individuals. Vistacast will commence work on resolving the deficiency within one (1) business day of notification and will engage staff during business hours until an acceptable resolution is achieved.

SEVERITY 3 NO IMMEDIATE BUSINESS IMPACT

  • Customer submits a Vistacast Service information request, Service enhancement or documentation clarification which has no operational impact. The implementation or use of the Vistacast Service by the Customer is continuing and there is no negative impact on productivity. Vistacast will provide an initial response regarding the request within five (5) business days.

1.3    Exclusions.  Standard Maintenance does not include any responsibility, warranty or other obligations by Vistacast with respect to:  (a) the use of any Vistacast Service in a manner inconsistent with the respective documentation or the Service license under which it has been licensed to Customer; (b) any Vistacast Service which has been modified by anyone other than Vistacast; (c) failure of a Vistacast Service as a result of accident, abuse or misapplication; (d) use of a Vistacast Service with products not readily commercially available on the date of the original purchase; and (e) any version of a Vistacast Service for which a subsequent version was released more than six months earlier or for which an announcement indicating cessation of support has been published on Vistacast’s website or sent by standard mail to Customer’s address below, whichever gives the later date.  Standard Maintenance does not include providing Customer new products or upgrades, as determined and defined by Vistacast.

1.4    Modifications to Licensed Service.  All modifications, enhancements, updates or other Service provided to Customer hereunder with respect to any Vistacast Service shall be subject to all of the terms of the applicable Service license agreement.